St. Helens mist., September 11, 1914, Image 6

OOLUMBI1 OOlUTX, Q M M (Q OK
LOCATION:
In the Northwestern part of Oregon, on the Columbia
River, with about 70 miles of river front.
AREA:
About 700 square miles. 422,51)2 acres.
TILLABLE LAND:
15,726 acres. This is land that is actually in cultivation
and cleared, exclusive of town lots.
NON-TILLABLE LAND: '
40C.766 acres, which includes all timber where there is
more than 100,000 feet on a quarter section, also all log
ped off land which is not suitable for and in no condition
for cultivation.
TIMBER:
About seven and one half to eight billion feet.
ASSESSED VALUE OF TIMBER: $11,467,180.
ASSESSED VALUE OF TILLABLE LAND: $911,355.
TOTAL ASSESSED VALUATION OF ALL PROPERTY:
$18,000,000.
MILES OF COUNTY ROADS:
500 miles, some of which is in first class condition, some tn
fair condition and some in very poor condition.
MILES OF RAILROADS:
About 125 miles which includes the main line of the S. P.
& S. and the various logging: roads.
POPULATION:
Census of 1910 gives 10,580 but a careful estimate this
year gives it at least 15.000. I
CLIMATE:
Temperate. During the summer the thermometer rarely
reaches 100 in the shade and in the coldest weather of
winter zero weather is almost unknown. During the
winter months there is considerable rain, but not too much.
Just enough to insure crops. Crop failures are unknown.
PRODUCTS:
Fruits of all kinds, especially apples, pears, plums and
berries; Grain and grasses; garden truck of all kinds and
dairying.
SHIPPING:
Ships from all parts of the world carry Columbia County
products "down the Columbia River and to the markets
of the world. A through line of Railroads traverse the
county from the North to the South. River boats carry
local products to local markets at low rates.
LAND:
Thousands of acres of first class land can be purchased at
reasonable prices upon which are stumps left from the
timber operations. This land is especially suited for
farming, fruit raising and dairying.
Supreme Court
Gives Decision
IX THE SUPREME COURT OF THR
STATE OP OREGON.
Department No. 1
V. A. Harris, Appellant.
V8
City of St. Helens, Respondent.
Appeal from Columbia Cocnty.
Hon. James A. Eakin, Judge.
Argued and Submitted July 9, 1914
G. W. Stapleton, W. A. Harris
(Stapleton & Sleight, on brief), for
Appellant.
V. 13. Dillard, (Dillard & Day, on
brief), for Respondent.
Ramsey J.
Reversed.
Filed September 8, 1914.
J. C. MORELAND,
Clerk of Supreme Court. '
This is a suit in equity In the
nature of a cross-bill to obtain a de
cree that the plaintiff is the owner
of certain real property and to enjoin
an action at law referred to in the
complaint, etc. The Court below
rendered a decree against the plain
tiff and in favor of the defendant.
The plaintiff appeals.
Reversed.
Ramsey J. The defendant here
in, as plaintiff therein, commenced
an action of ejectment to recover
from the plaintiff herein as defend
ant in said action, a small tract of
land at and in front of Cowlitz Street
'in the city of St. Helens, which Is
described in the complaint.
Upon the filing of the complaint In
said action, the plaintiff herein
answered in said action and, also,
filed his complaint in this suit in the
nature of a cross-bill, asking for
equitable relief.
The trial court made findings and
entered a decree in favor of the de
fendant and against the plaintiff.
The plaintiff appeals therefrom.
1. We have read and considered
the evidence. The first and most
important point In this case is as to
the effect of the plat of the town of
St. Helens, filed and recorded Janu
ary 2, 1865. This plat seems to have
been made some yeara prior to the
date of Its recording. It laid out a
large piece of .land Into lots and
blocks and streets. Several parcels
were marked as squares. The streets
are 80 feet wide and run north and
south and east and west. The east
boundary of the plat la the Columbia
River. Except in front of blocks 10
and 11, the lots appear to extend to
the river. East of blocks 10 and 11,
and lying between said blocks and
the Columbia River, is a narrow strip
of land, extending to the river, that
is not laid out into lots or blocks.
It appears to be a little longer north
and south than said two blocks and
about half the width of one of them.
Cowlitz and St. Helens streets run
east and west, and the east ends of
said streets extend to, but not across,
said tract. Said tract has the follow
ing words written upon it: "The
Strand, Reserved for Wharves."
Said plat contains no other words
to indicate what was to be done with
said tract. The map shows that the
words "Reserved for Wharves" are
written on the margin of the river
as represented upon the plat. Said
plat was not signed or subscribed by
anyone, nor was it accompanied by
any deed or paper executed by any
one purporting to dedicate the
streets, alleys or public squares or
any land referred to in said plat.
The plat alone was recorded. After
wards lots were sold by the persons
who laid out said town, and they
were described In the deeds with
reference to said plat and as therein
described.
The CitV Of St. Helmut una nnt In.
corporated until several years after I
said plat was recorded.
The tract In dispute Is plainly
marked on said plat as "The Strand"
as stated supra.
The city of St. Helens has never
used any part of said tract for wharf
ing purposes. Private persons have,
from time to time, used portions of
said lands for wharves.
The plaintlfT purchased the part of
said tract in dispute, on May 5, 1903
of Hanna Tyszkiewicz, who appeared
to be the owner thereof, and paid her
a valuable consideration therefor and
received from her a proper deed of
conveyance. This deed conveyed to
the plaintiff the title to said property,
unless the persons who laid out said
town and had said plat recorded, as
stated supra, by said act, dedicated
said tract designated as "The Strand"
to the public for wharves.
The evidence shows that nearly
all of said tract Is claimed by private
individuals and that they have pos
session thereof, and that there are
from fifteen to twenty buildings
thereon belonging to private persons.
These buildings seem to have been
placed on said tract without objec-1
tion from the defendant, except that
. - a i; r-.il I: ;; iL' -.iw, j t vIi;J"'
ST. HELENS
A city on the Columbia River, 28 miles from Portland, with n population
of 2500 people. The County Seat of Columbia County. A Four year
Standard Hu,h School. Methodist, Congregational, Episcopal ami
Catholic Churches. All the leading fraternal orders. Gravity water
system owned by the city sufficient to supply a city of 10,000 people.
Electric lights, graded and macadamized streets, sewers. Principal
industries are lumbering, shipbuilding, creosoting, stone quarrying,
fishing and shipping. Two large haw mills with a capacity of 250,000
feet per day; more than 5 million feet of lumber shipped each month;
several large ocean going vessels built each year; timber treated with
creosote and shipped all along the coast. Two big stone quarries and
rock crushing plants in continuous operation. An average of 1100 tons
of Columbia River Salmon caught and marketed. A farming country
back of it that cannot be excelled in the world. Several new business
blocks now under construction. Five miles of sewer being built.
A PAY ROLL OF NEARLY $100,000 PER MONTH.
Many beautiful and attractive homes.
the city objected to the plaintiff's
construction of an addition to his
building thereon. The plaintiff has
paid taxes on said property ever since
he purchased it as stated supra. The
plaintiff contends that the facts are
of such a nature that they estop the
defendant to claim said property, but
we do not find it necessary to pass
on the question of estoppel.
The defendant has no title to said
premises, unless it obtained It by
dedication.
Dedication is an appropriation of
land to a public use, made by the
owner, and accepted for such use by
or on behalf of the public. A dedi
cation may be express, as when the
Intention to dedicate Is expressly
manifested by a deed or an explicit
oral or written declaration of the
owner, or some other explicit mani
festation of his purpose to devote the
land to public use. An implied dedi
cation may be shown by some act or
course of conduct on the part of the
owner from which a reasonable In
ference of bis Intent may be drawn,
or wiucn is inconsistent with any
other theory than that he intended
a dedication. (Black's Law Diction
ary, 2d. ed. pp. 340, 341).
Except in cases where a munici
pality may not have the charter
powers to accept a dedication, an
acceptance by a municipality by its
duly authorized officers may be
express by deed or by some matter
of record, or unless prohibited bv
statute or ordinance, the acceptance
may be implied from some act or acts
showing that the municipality has
assumed control and possession of
the property dedicated, or the like
acts.
It is clear, that to constitute a
dedication, the owner must Intend to
devote his property to a public use,
and this Intention must be rloarl)
and unequivocally manlfeNted by Us
acts.
In this case, Is it shown that the
owner of the land In question Intend
ed to devote it to a public use?
He designated the land as "The
Strand", and added, "Reserved for
Wharves."
The word Htrund slgulllcj "shore"
or "bank" of the sea or a river.
A "Wharf" is a bank or other ere
ction formed on the shoro of a harbor
river or canal for the cononloneo of
lading or unlading ships or boats.
As shown by the plat referred to
supra the owner "reserved" the
strand or shore of the river for
wharves.
V" 1
The terms of a writing n'c pre
sumed prima face to have been used
in their "primary and general ;ic
ceptatlon". The Century Dictionary .Wines
"reserved" thus: "Kept for another
or future use; retained; kept b.ick."
This Is the "primary and generul ac
ceptation" of that word. The phrase
"Reserved for Wharves," wrltt -n la
that part of suld plat, marscd
"Strand," signifies that tho owner rj
I tUned or kept back the tract repre
seated by that space for wharves,
j Wharves may bo private property:
: and, hence, the words "Reserved for
j wharves" do not manifest an inten
tion on the part of the owner to part
with the title to the Strand or to
devote it to a public use. Ho miy
have Intetled to retain it until It
should be needed for wharves, and
then sell it to persons desiring to en
gage In the business of operating
wharves. There is nothing In tho
words UBed to Indicate that ho in
tended to devote said property to tho
public use as a place for wharves.
The use of the word "reserved" tends
to negative such nn intention.
Calling tho tract In dispute tho
Strand is no evldonco that the prop
rietor intended to donate or dedicate
it to the public, and adding the words
"Reserved for Wharves" affords no
evidence of such an Intention.
The rule Is that to constitute a
valid dedication, there must be an In
tention on the part of the owner to
devote his property to a public use,
and this Intention must be clearly
and unequivocally manifested. In
this case, we hold from the evidence
that the persons who laid out the
town of St. Helens, as stated supra,
did not dedicate the tract of land
designated on the said plat of said
town as "The Strand, Reserved for
Wharves," to the nubile, and that ti,
defendant, the city of St. Helens,
acquired no interest therein, and that
tne uerendant has no right or title to
any portion of the said Strand that
is claimed by the plaintiff in i,
complaint. There Is no evldenen fn
show a dedication
dedicate the property to a public use.
We find that the olalntiff i
owner In fee of all of the real r,mn.
erty by him claimed in his complaint
ana mat tne defendant has no right
or title to said real premises or to
any part thereof, and that the plain
tiff is entitled to the rellnf nmvo,i -
In his complaint.
The docroe of the court imi i.
reversed, and this cause Is remandod
INDUSTRIES:
Lumbering and timber is the principal industry; there be
ing ubout twenty-five saw milk Salmon, fishing n
Columbia River is also an important InduHtry. r'Hrni '
and fruit raising; Stone quarrying; Ship lmildimj and ah
kinds of lumber manufacturing plant.
OPPORTUNITIES:
There aro lire opportunities to the small farmer, dairy,
man. fruit grower and truck gardener. Also a number of
choice deep water sites for manufacturing plunU,
THE DELTA GARDENS:
12,000 ttcre of low lumls iilon tho Columbiu River whlcH
have recently Ikh'ii dykml and uro now In high state oM
cultivation esxeiully udnpti'.I to growing of vegetal,!,.., and
small fruits.
SCHOOLS:
Four standard High
locality.
CHURCHES:
Nearly all denominations represented.
THE COUNTY OFFICERS.
Circuit Judges, J. U. Camplell and J. A
District Attorney, W. H. Dillnrd
County Judge, W. A. Harris
County Clerk. II. E. Ultnre
Sheriff, A. K. Thompson
Assessor, C, VV. Klakesley
School Superintendent, J. B. W'ilkerson
Treasurer, R. S. Hatlon
Coroner, F. II. Sherwood
Surveyor, Geo. Conyers
Commissioners, John Farr, Louis Fluhrer.
CITIES, TOWN. AND I'OST OFFICES:
St. Helens Rainier Clatskanic
Scappoose Warren Deer Island
Yankton Vernonia Mist
Mayger Maishlind Columbia City
Apiary Hudson Prescott
Inglis
CITY OFFICERS OF ST. HELENS
Mayor A. W. Mueller
Coiincilmkn-N. O. Larabee, Chas. Grahan, M. Ssxor,
II. Morgus
City Attounky J. W. Day
Rkcoudkk K. E. Quick
Makhhals J. L. Chittem, L. L. Decker
Tkkasukkk-II. P. Watkins
Watkk Commission-L. E. Allen, J. W. Aiken, Hubert
Dixon, E. A. Crouse, John Pringle
WATKK SlJI'KKINTKNDENT-Chas. Lope
Fikk Chief' L. E. Allen
to the court below with Instructions
to enter a decreo in favor of the
plaintiff In accordance with his com
plaint and tho terms of this opinion.
Mcllrlde C. J., Eakln and Rurnott.
JJ., concur.
HC.U'POONK
i
School begins hero Monday the 14.
Mrs. l.ucy Dlvens visited with hor
mother hero Saturday.
Mr. ami Mrs. W. Clark of Door
Island motored to Scuppoosn Sunday
and IvlBted nt the restaurant.
Big danco at tho A. W. hull Satur
day night.
May Novuck Is teaching school at
rittsburg. Her school began lust
Monday.
Mrs. I. O. Wlckstrom and daughter
Inez were Portland visitors on Tues
day. Or. Flynn was called here last
week from Portland.
Hev. Myers and wife returned
from California last week.
Miss Hazel Watts returned to the
Wesley school again, Wednesday.
Mrs. Copoland and Mrs. Sholtz
were Portland visitors Tuesday.
The Redmon have rented tho A. W
hall for a year. Lodges will all moot
there, as there Is every thing con
yonlent and good lights 0nd a clean
hall.
n. W. Price and family wont to
Vancouver Thursday to attend the
fair.
The Columbia County Fair will
soon be here so all want to be pre
pared to take something as the vege
table lino will be short owing to tho
dry season.
Hena Stock is vluiiin.
at Kalama this wook.
Herman and Norman Miller spent
Saturday In Portland
Mrs Joe Adams is working for
Mr. Isblster at tho Orcadla Hotel in
St. Helens.
Temperance mooting Tuesday
night with a house full.
land Cl0nKlnBQr ,,ag movo to Port-
Mrs. I. ii, Malloy has rented the
rlCreftm P'lrl0r aml wl "
from now, on.
Guy Whitney Is clerking in the
pool room.
Mr M. J. Butler has the rhoumat
Ism this week.
Mrs. Butler'sin other from Port
land Is visiting them this week.
The town was painted red Tuesday
nlKht WIth re palnt( 0r0(?on D
Chas. Smith made a business trip
Schools;
Grade schools n each
I'jikin
Houltun
Goble
(Juincy
Keulien
Trenlmlin
to Portland Tuesday.
Itachol Iwls has returned to
Portland again after vlHltlng hw
mother for the past week.
Io Hotrlck's smiling fare wu
seen on our streets Runday.
While Mr. T. ('hniKlnger "
movelng to Portland Wodncidsjr it
was on tho truck and another truck
ran Into them throwing Mr. Clou,
ingnr out cutting his hnnd and hurt
ing his arm and shoulder. He U it
the hospital and tiiey report ha will
bo alright In a wook or so.
Henry Ilumgardnnr from Wsrrct
visited his sister Mrs. Smith on
Wednesday.
The Columbia County Fair conren
es September 23, 24. 25, at St. Hel
ens and all school children sod
overy teacher In the County are earn
estly asked to work for the Interest
of the school exhibit. Call on the
Sec. Mr. T. Brown of Yankton for I
Premium Mst and got busy. The
premium list Is liberal, Impnrtlil sod
broad enough for all. Let ui h
the best school exhibit In the state.
Bo a door, not a dreamer. Brlnl
the best exhibit you can but brlnl
one. Falis can not exhibit without
exhibits.
NOTICK TO CBKDITOIW
IS THK COUNTY COURT OK TUB
HTATR OF OltKOON VOH
COLUMBIA COUNTY
In the Matter of the Kntato of
Ulmon, Deceased:
Notice Is hereby glvon that the
undersigned, Frederick P. Itondea"'
has been duly appolntod by the Coun
ty Court of Columbia County, Ore
Ron, Administrator of the EeUte of
John Ulmon, docoased, and that let
ters tostlmentary have boon duly I
suod to me by the said court.
All porsons having claims sgalnit'
tho said Estate are hereby nolH
to prosent-thorn under onth, "
propor vouchers attached, within
(0) months from dote of this PDl"
cation, at my office 815-31 P""
Uldg., Portland, Oregon.
Date of first publication Sept. , 1JJJ
Date of last publication Oct. 2. "J1
Fredorlck P. Rondeau, Atlmtnfs-
trator of the Estate of w
Ulmen, deceased.
Fredorlck P. Rondoau, AdmloW
trator and Attorney.
Subscrllic for the "MIST" WWJ"'