JOHN DA V DIRECTORS
REJECT LEWIS OFFER
A meeting of the board of directors
of the John Day Irrigation District,
was held at the office of Woodson and
Sweek in Heppner on Tuesday even
ing, the meeting being called for the
purpose of considering a proposition
of compromise between the district
and John 11. Lewis, engineer In
charge of the work of the district.
Directors Wheelhouse of Arlington,
and Clark of Heppner were present,
as was also their attorney, S. E. Van
Vactor and Secretary Sweek. Attend
ing the meeting were a large num
ber of the land owners in the district
and the heaviest taxpayers, among
them being .las. Catty. Hynd Bros..
Smythe Bros, and others who were
instructed to speak on behalf of num
erous other interested parties who
were unable to attend the meeting.
The proposition of Mr. Lewis being
the chief topic for consideration, It
was taken up first. It is as follows:
"To the Hoard of Directors,
".lohn Day Irrigation District.
"Gentlemen :
"After talking the matter over
with your attorney, 1 have decided lo
submit herewith merely as an offer or
compromise, and not to be construed
otherwise, the very minimum which
could be accepted in adjustment of
BUIiliHTIN OF BO A RDM AM
COMMUNITY CHURCH SERVICE
, Every Sunday
Sunday School 10: 30 a. W,
Church Service 11:80 a. m.
Christian Endeavor 7: HO p. IB,
All are welcome.
' B, Benson, Pastor
10 fi ttJarner
Boardman, Oregon
Real Estate
and
Insurance
AUTO LIVERY
Will go Anywhere Anytime
1
the John Day controversy recently
decided by the court, which offer is
conditioned upon the completion of
the information heretofore collected
and the preparation of a final report
based thereon for filing with your
district, also that your district will
protect me against any further costs
or losses incident to this litigation,
or' costs or the collection of the
money for warrants as issued. The
completion of the report was refer
red to in the court's findings, and
I would like to make It of credit to
myself as well as to the district. It
would seem a great waste of funds
not to put this information in con
venient shape for filing and future
reference.
"Having heretofore expended ap
proximately $29,000 on account ol
this project, exclusive of any salary
or profit lo me for the two years of
time that 1 have been connected "ilh
thh-j work, it seems only fair that this
amount should be paid In addition
to this my own time and profit on the
job should far more than cover the
ork done under the supplemental
contract and to cover my al Oi ney's
fee in this litigation which was un
expectedly forced upon me.
Further, some $8,200 in warrants
have been sold by me without te-
COUrsS which were not include 1 in
ttie $20,000 allowed by llio touri
'I ho proceeds from these warrants
ha. gone into the work. As the:;e
waironta bear Interest at tio rate of
8 1 r cent per annum from SaptfllO"
ber 12, 1920, this Interest dou'i
als'i be allowed to the date '.v h " rev
ITUrrenta are registered. I im nrim
,.i u influenced at this tlm-j t sun
Bi'i the very minimum as .i b-is's ioi
si . .imenl. In order that til". I W -i
it i holders may be relieved of fur
thei litigation.
"Therefore I will accept as full set
tlement lor all work rendered lite
John Day Irrigation district on ac
count of contracts or John H. Lewis
or Lewis & Clark, with such district,
for engineering work, the following
warrants of your district, bearing B
per cent Interest, which warrants are
In Addition to the $20,000 allowed by
the court.
fi warrants of $1,000 each $6,000
4 warrants of $500 each 2,000
1 warrant of $700 700
1 warrant of $:100 300
1 warrant Of Sufficient amount to
Cover Interest at 8 per cent on $8,200
from Sept 12, 1920 to date of regis
tration of the above mentioned new
warrants to be isfjued, which interest
is estimated at $1,000
Legal expenses unpaid warrant 5,000
To complete maps and information
as heretofore collected, prepare final
report with estimate of cost including
suitable index maps and illustrations
$3,000
Total of new warrants $17,000
plus interest as( above mentioned,
say, $1 8,00t)
"This offer was made verbally to
your attorney with the understand
ing that I could have your decision
thereon prior to the time allowed for
appeal in this case, which upon my
return I find to be less than I had
anticipated. As some question may
come up not anticipated in this letter
ii may be best for me to attend your
meeting. This I will gladly do if it
can be held thi:l week, and notified by
phone prior thereto.
"Very Truly yours,
"JOHN H. LEWIS".
Upon the reading of this proposi
tion from Mr. Lewis, consideration
of the same was had no further than
the first paragraph, for the reason
thai the directors could not agree
o thai portion staling "That your
district will protect me against any
further lostses or costs incident to lit
igation, or the collection of money
lor warrants as issued." This the
board could not do and upon a thor
ough discussion of the point in ques
tion by all present, it was unaminous
ly agreed that the proposition of Mr.
Lewis for compromise on the basis
pro nlcd be rejected.
Other matters coming up for set
tlement were presented to the meet
ing in the form of resolutions. Three
of these were presented. The first
has lo do with the assessment levied
against I he lands within the district,
and was upon the motion of M. D.
Clark and duly Seconded as follows:
"Whereas a former board of di
rectors adopted a budget amounting
to about $112,000 and ordered an
assessment of 50 cents an acre on all
n privately owned land in the dis
trict to raise said sum, and
Whereas the land owners com
menced a suit against the John Day
Irrigation district and others for the
purpose of cancelling said assess
ment and the indebtedness for which
it was levied, and
Whereas, the Circuit Court of Mor
row County has rendered a decision
cancelling all of said indebtedness
We wish to announce that
an authorized
THE UNIVERSAL CAR
dealer has been appointed in
Boardman
The Latourel Auto Co.
of Heppner, which owns and operates the nifty
new service station on the highway has a
full Ford agency, and will carry an
adequate stock of genT : :;e
Ford parts and
will have cars and tractors on dl play soon.
Latourell Auto Co.
Boardman, Oregon
except about Twenty-Two Thousand
($22,000) dollars and in addition
has cancelled about $48,000 of the
Indebtedness accruing since said
levy was made; and
Whereas under the said decision
there is not now outstanding against
the district in excess of $22,000 or
$23,000, and
Whereas the land owners have ap
pealed from the court decision and
"pelt lo have the indebtedness fur
ther reduced; and
Whereas the court believed it was
without power to cancell the said
levy of 50 cents per acre, notwith
standing the indebtedness intended
to be paid thereby was largely can
celled; and
Whereas there is no necessity for
the collection of said levy of 50 cents
per acre and it would work a great
hardship on the land holders to pay
the -(line and many of them would
not be able to pay it; therefore
He it Resolved that the said levy
of 50 cents per acre be cancelled by
the Board and the county Assessor
be Instructed to strike it from the
tax rolls and the Sheriff and all other
county officers to refrain from the col
lection thereof.
But it is the sense of the Board
that when the Supreme Court shall
have passed on the appeal of said
litigation and the amount which the
directors will show has. been deter
mined another levy will be made
I 10 pa SaiU lOUWWUIfWn aim iiy
isf the just claims of all creditors
o" the district.
'1 lie resolution passed.
Resolution No. 2 is as follows:
Whereas the indebtedness eviden
ced by many outstanding warrants
M in lilipa ion and
Whereas there is much uncertain
ty as to what warrants will ultimate
lj be held valid and what invalid,
the i fore
lie it Resolved that the county
treasurer be instructed not to pay
any District warrants until the legal
status thereof has been finally de
termined and he is advised by the
Board what warrants should be paid
from the funds of the District.
This resolution offered by M. D.
Clark was unanimously carried.
Trw i bird rehlution touches upon
the proposal to make an appeal to
Lie uupreme Court of the State of
Oregon, from the decision of the low
er court in the suit of the Northern
Pacific Railway Company and others
against the John Day irrigation dis
trict, C. C. Clark and others, and is
as follows:
Whereas a notice of pretended ap
peal to the Supreme Court of the
State of Oregon in the case of the
.Northern Pacific Railway company,
et al vs. C. C. Clark, et al., has been
tiled by P. A. McMenamin and Mr. C.
H. Finn, presenting the act as attor
ney for the District; and
Whereas, the Board has heretofore
discharged said attorneys as attorneys
lor the district and have employed
Mr. S. E. Van Vactor as its attorney;
and
Whereas the district does not de
slN to appeal from said court deci
sion, Now therefore, be it resolved, that
Mr. S. E. Van Vactor, attorney for
the board take such steps as may be
necessary to dismiss said pretended
appeal.
Upon motion this resolution was
passed.
The district having refused to con
sider the compromise proposition of
Mr. Lewis it is presumed that he
will perfect his appeal from the deci
sion of the Circuit Court of Morrow
county as handed down by Judge
Phelps, and will endeavor to force
the payment of his claims in this
manner.
There was much interest manifest
ed in the proceedings at the meeting
Tuesday evening, and while there
was not a great number of the land
owners within the district present,
these were well represented. and
those who attended had authority 'o
act for a much larger number WO 3
were unable to be present
Heppner 'Gazette-Times.
Dr. W. T. Tiller,
Dentist
Arlington, Oregon
Drs. McKenzie & Lieuallen
Eye, Ear, Nose and Throat
Offce: Rooms 1, 2. and 3, Inland
Empire Bank Building
(Over new Inland Empire Bank)
l'ENDLKTOJN - . OKKCiON
f
On Wednesday evening of last week
Miss Belle Packard had as dinner
quests. Miss Edna Broyles and Messrs
Chas. Barnes and Severinsen.
Mrs. La vina Newhouse has re
turned to her home at Corvallis,
after a ten day visit with the T. E.
Itroyles family.
.
The "Oreen house" swimming
pool is very popular this summer, as
almost every evening there is a crowd
of goung folks enjoying the water
and picniclng amongst the trees.
Miss Ethel liroles returned home
Monday form several weeks stay on
the wheat farms near Colfax. Wash
Mr. and Mrs. Art Jenson and Mr
and Mrs Waggoner of Bickleton.
wsited with Mrs. Jensen's son Opal
Waggner on Sunday:.
The Idea
Irrigator
Appropriately named "The Hydro-Gun" because
of the manner in which it "shoots" water.
This phenoiru al pump is making it possible
to irrigate by pumping with greater profit than by
any other method. This is because of its extreme
high efficiency and its economy in operation.
There are no valves, no stuffing box and, since
the pump is always submerged in water, no prim
ing is necessary." Thus, all the annoyances ex
perienced in the' use of other pumps has been elim
inated. Its light weight and compact construction makes
it easily installed or moved fro mplace to place
PENDLETON IRON WORKS
PENDLETON OREGON
i
Dr. Seuerinsen
DENTIST
Office in Bank Building
BOARDMAN - - OREGON
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Boardman, Oregon.