Brookings-Harbor pilot. (Brookings, Curry County, Oregon) 1946-1978, April 19, 1951, Image 1

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    V. of O, Library
firmhims-flartor filo
Nowhere A Finer Climate — Nowhere a Finer Community
BROOKINGS, CURRY COUNTY, OREGON
M. L. DeMARTINS LOST SUIT, MON. I Plywood Group
New Ambulance
INVOLVING ALLEGED LAND DAMAGE Named
o,ficers
At a meeting of stockholders Has Been Ordered
Manley Explained
'Moth Ball Fleet'
To Rotary, Tues.
। d i of Brookings Plywood Corpora­
A new International panel de­
re-survey that DeMartin
Clive Manley, reserve officer in
made the mistake in conveying1 tion. held Sunday at Myrtle livery will be in this area within
to Johnson approximately sixty Creek. Edwin Sund was named the next few days, if it has not the U. S. Navy, told Rotary Club
and general manager. already arrived, which will be Tuesday how the fleet had been
feet of land parallel to the river president
Articles
of
incorporation were converted into a new ambulance put in moth balls after the last
bank in California, placing the
ratified and the by-laws adopted to replace the old one which has war, and something about the
court in the position of finding by the group. Other officers of
out-lived its usefulness, and no procedure to re-act ivate any or
it true that DeMartin was suing the incorporation are:
longer is reliable.
all of these vessels, in case of
for loss of land that he had con­
Vice-President W. E. DeWitte
Sponsored by the Rotary club, war. Re-activation must be ac­
veyed to Johnson and did not
Secretary H. Carl Mason.
the financing of the project will complished within 30 days.
really own.
Treasurer—T. T. Connolly.
be done by the community, with
“The navy earned a lot after
To enable the court to render । Directors: Noble Ellison. Ed- all organizations, individuals and
World
War 1, when, after a few
a decision on the land erosion V ard Raveks, Henry Kerr, E. businesses and industries of the
>
ears,
it
found many of its ves­
case, Johnson’s attorneys allowed Johnson and Neil Martin.
area contributing toward pay­ sels practically ruined by rust.
the assumption that DeMartin j
ment.
The present method consists of
did own the land. The court then
Ambulance Report for Last Year keeping low-humidity air circu-
proceeded to his decision, allow-1
Collections for services. $331.28 lating through the vessels, and
ing DeMartin no damages what­
158.75 a plastic paint applied to the
Contributions
soever.
armament outside. Constant re-
EXPENSES
Johnson Sues Next Monday
painting keeps the deck and su-
At the grand opening of the Insurance .......................
$177.99 perstructures from rusting.
Next Monday, April 23, at Gold Chetco Inn. after being closed Cleaning & Telephone
31.34
"Practically all the Pacific fleet
Beach in Judge Dal M. King’s since about the beginning of the Bank Charge ..............
2.40 is in mothballs at Bremerton be­
district court, a case of malici­ second world war, more than Stamps, Stationery
7.50 cause it is away from the direct
ous persecution and prosecution 120 business and professional Gas and oil
78 11 salt spray, which is so damag­
in the sum of $25,000 is to be men and their wives and guests Repairs
58.96 ing to ships. All these ships are
DeMartin came to attend the dinner. The
heard against M.
who, since. Sept. 7, 1950, has had dining room, limited to 40-odd Balance, Dec. 31, 1950 $309.89 docked in an area with a small
radius, dangerous in case of any
three criminal arrests placed at one time, was filled twice for
bombing .ittack, but there is
against L. W. ’Johnson, his neigh­ the evening.
nothing
that can be done about
boring rancher on the south fork
As guests were seated. Mr.
it at the present.
ot the Winchuck.
and Mrs. Joseph Taylor were
Electronic
equipment. how-
The first arrest was dismissed presented with lei, made of daf-
ever, does not fare as well as the
by Judge1 Berry’s court,
fodils by Mrs. W. G. Hoagland,
lemainder of the ship because
At the first April meeting of the cold dry aii attacks rubber
DeMartin next caused on the and presented by Glen Zirbel.
charge, naming himself as spe-I Mr. and Mrs. Taylor, who did Topaz Rebekah lodge, Tuesday insulation. Advancements in the
evening, delegates to Rebekah
:«nntrn- a a warrant
wat-rnnt tn
cial prosecutor,
to ho
be ‘ llOt Watch expense in Order to Asembly were named to go to ladar and radio field have made
issued, arresting Johnson on the restore the former noted stop­ Klamath Falls, May 22-24. They much of the equipment obsolete.
charge of allowing a hog to run ping place to its original appeal, are: Ethel Frazier and Adelia however, so it would have to be
introduced those who helped in
replaced anyway.
al large.
the restoration: Mr. and Mrs. Hassett and the alternates are
“Re-activation of a ship is lim- i
Johnson satisfied Judge A. E. Blain Gribble, Mr. and Mrs. C. Marie Hoar and Rita Tierce.
ited
to 30 days and what a big
Sandbo that this charge was not II. Raush, Mr. and Mrs. Zirbel,
Mrs. Hassett was also recom­ headache ’t is. Take an aircraft -
true and the case was dismissed. and others.
mended to be District Deputy carrier for instance: it has a
Next DeMartin caused Johnson
The dining room will be often President for the coming year, crew of 3500 men, and on board
another arrest and trial set for henceforth, and Tuesday noons and Mrs. Frazier will receive the must be supplies for at least four
Sept. 30. DeMartin then discov- will be devoted to Rotary meet­ Decoration of Chivalry, while at months, It takes 20 tons of flour,
cred that the Oregon legislature ings, since the local club has Klamath Falls.
for one thing. This must be as-
Word was received from Mn. sembled in all necessities, so the
had cancelled all stock and herd been without a permanent home
laws and left enforcement up to since about the first of the year. Mary S. Allen, who will be*pres­ job resolves itself into a gigan­
ident of Rebekah Assembly next task.
each county, to make it own
term, that she will make her of­
stock regulations by public elec­
“Some of the aircraft carriers
ficial visit to Topaz lodge on the have been enlarged, and this is
tion. Since this has not been done,
first of June, and the district a big task it Bremerton at the
DeMartin had had Johnson ar­
convention will be held at Gold moment.”
rested three times on a charge
Beach the following day.
non-existent on the statutes of
Besides t h e speaker, Edwin
Oregon, and then he asked Judge
Home of Mrs. May Waterman, Following the meeting refresh­ Sund, Carl Mason, Sam Hall and
A. E. Sandbo to dismiss the case. on the upper Winchuck River| ments were served by Cleo Craig, Ernest Jones were guests of the
DeMartin then proceeded to was totally destroyed by fire, i Agnes Darger and Brita Dahl­ club at the Tuesday luncheon.
build an illegal dam across the Sunday morning, with nothing* strom.
Winchuck river and run a bull­ saved of the furnishing.
Apparently the fire started in
dozer across and through the
the
chimney, or by the stove pipe
silt bottoms of Johnson’s adjoin-
ing land, cutting a trench 15 falling out, while Mrs. Waterman
Mr. and Mrs. Bud Carr of
feet wide and five feet deep and was outside, and the flames made
Grants
Pass moved to Brookings
such
rapid
progress
that
by
the
Samuel A. Hall, recently with
200 feet long on this land. By
Wednesday.
Mr. Carr will take fix' attorney general’s office, at
time
any
of
the
neighbors
ar
­
[•lagging the dam DeMartin rais­
ed the Winchuck river level five rived, it was too late to save charge of the meat department Salem, has chosen Brookings to
feet until it flowed down this the building or any of the con­ at Redfield’s Market, Eriday.
establish a law practice, and was
Glen Hurst, who had been in here for several days earlier this
ditch, through the Johnson land. tents.
Mrs. Waterman, in her 80s. re­ charge since the opening, is to week, making arrangements for
He was caught in the act by
Johnson who phototgraphed him ceived burns on her face, arms take charge of the Brookings office space and locating a place
and the dam. who asked DeMar- and back trying to get into the Market department soon. An an­ to live.
1 tin to correct the damage at once house to rescue some of her nouncement is expected in next
Married, and father of two
sons, ages 5 and 2, he is graduate
or he would be forced to collect things. She is now at the home tew days.
of her son-in-law and daughter,
of Northwestern College of Law,
An indication of the growth of for the damage in court. DeMar- Mr. and Mrs. Ralph Keiser.
Pilot Class Ads Pay Use 'em! Portland, in 1941, where he prac­
admitted
he
had
trespassed,
but
this area, as stimulated by the
ticed for a time before entering
coming of the plywood plant, is refused to take out the dam. It
the armed forces, serving in Af­
was
then
that
DeMartin
started
made through the number of
rica, Sicily and Italy. After leav­
new subscribers added to the Pi­ the suit in Del Norte superior
ing the service he has been con­
court
which
was
decided
Mon
­
lot list in the past 20 days, after
nected with the attorney general
day of this week.
58 have been added.
Gordon Weller of Gasquet, and
The principal speaker at the office as trial lawyer, going all
Arrangements for institution of
New’sstand sales have skyrock­
Ed F. Ackley of Brookings, rep­ a new Aerie of the Fraternal institution will be T. T. Turner. over the state in this practice.
eted also, with from 75 to 120 resented Johnson in the Cres
Mr. Hall, 36, was graduated at
Local committees in charge of
Order of Eagles in Brookings on
more being added in these spots.
Madera,
Calif., high school, but
cent
City
case
and
Ed
F.
Ackley
May 6. were completed last Sun­ carrying out the plans for the
Pilot advertisers now reach
has
.made
his home in Portland
will
represent
Johnson
at
Gold
institution
are:
day at a meeting of prospective
more than 1250 subscribers, and
much of the time sihee.
Beach,
next
Monday.
Membership
—
Kenneth
Bran-
members
at
Chetco
Inn.
aoproximatelv 6000 readers each
Before returning to Salem he
The institution will be in charge nin; Entertainment Averill Zook
week.
told
the Pilot he expected to be
and
Bob
Mead;
Decorations
—
of T. T. Turner, assisted by the
An average day of inquiries
in
Brookings
and would have his
Everett
Jaggers
and
Jim
Robin
­
degree team of Medford and Da­
made at the Pilot, include: 25
offices
in
the
Cent ria Building
W. J. Collis reports sale of two vid Crawford of Grants Pass, or-I son; Housing-Leslie Ray and open by May 1.
to 30 wishing to rent a house;
more who wish to know of his ocean-front lots in the ganizer for the Fraternal Order John Molino; Invitations—Aver­
15 or -------
who owns certain property; 20 Fountain Rock subdivision; one of Eagles who has been in charge ill Zook, Milton Garber, Leslie
Raymond Reekman AA spent
Ray and George Foster.
wish to buy something such as to Earl E. Malone and one to of forming the Aerie here.
the
week-end here visiting rela­
Elmer Parker, president of the
Initiation ceremonies for the
Erskine R. Miller. Mr. Malone is
furniture, etc.
tives
and friends. He is recup­
local
chamber
of
commerce,
will
People who have surplus fur­ from Myrtle Creek, and is mov­ local members will be at the
cupcrating
nicely from his recent
extend
the
welcome
tor
Brook
­
F. W. hall which has been
niture, etc., never had a better ing here to work for the new
appendectomy
April 2, at the
ecti d as the home for the new ings and Zone Director Titus ol
market than today, if it is told plywood plant. He expects to
naval
hospital,
Oakland.
Coos Bay will respond.
erect a home soon.
through the Pilot columns.
Monday in Judge Samuel Fin-|
ley’s superior court, Crescent
City. M. L. Demartin, plaintiff,!
was awarded “no damages’’ in a
case which started Nov. 17 of i
last year. DeMartin asked for,
permanent injunction to prevent •
L. W. Johnson from disposing of;
slide material on his road, sit­
uated 135 feet above and south
ol the south bank of the Win­
chuck river where it enters Cali­
fornia.
DeMartin also asked for $5000।
property damage for loss of land,
washed out to the sea, caused
by a diversion of the Winchuck
river toward his land by debris'
he claimed Johnson had pushed!
into the river from his road con-J
struction in the past six years,
since he purchased the 1200 acres,
of land from DeMartin, of which
80 acres are in Oregon.
This case has been in court
for the past five months and vo-
testimony,
pictures
luminous
maps and evidence have been in­
troduced in the case, much of it
so conflicting that Judge Finley
finally decided that the1 only pos­
sible solution for a fair verdict
would be that he personally view
the alleged damage and see for
hilmself the amount of damage
and responsibility of the road
work if any.
On Sunday, April 15, Judge
Finley viewed the property and
on Monday, April 16, rendered
his decision that there was evi­
dence of Johnson building his
road alolng this hillside but
nothing to show’ evidence of di­
version of the river, and that
there was definitely no sign of
erosion, or washing away of any
of DeMartin’s land, or any of
his bank, land, willows or prop­
erty was damaged in any man­
ner, and that this case was based
on a feud and ill-feelings between
the two parties involved. The
case, he continued, was childish
and should never have been in
court. The judge then remarked
that the injunction in regard to
the road was so worded that it
only prevented the illegal diver­
sion of a river which could not
be done anyhow, so he allowed
the injuction to stand. He then
ruled that each party pay his
own costs.
The map of the property in
this case was compared to the
deed furnished by DeMartin and
showed on a careful re-check and
Crowd Greets New
Opening Of 'Inn'
Delegates Named
By Rebekah Lodge
Winchuck Home
Destroyed By Fire
New Attorney Is
New Butcher Hera
Locating in Area
58 Names Added
To List In 20 Days
May 6 Is Date Set For Instituting New
"Aerie” Of Fraternal Order Of Eagles
Sold Two Lots