Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, November 23, 1915, Image 1

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VOL. 27
NO. 78
City Attorney Tooze Submits Opin
ion to Councilmen of That Place
, By Request.
At the last regular meeting of the
city council of Falls City the question
arose as to whether or not Falls City
constituted a separate and entire road
district in itself, and would therefore
be entitled to receive 70 per cent of
the funds raised within the city on
the levy made by the county court fori
road purposes, tor expenditure wunin
the city. This question came up in
connection with the preparation of
the tax budget for 1916, and City At
torney Tooze was called upon to give
an opinion in the premises. Former-1
ly, the city constituted a separate and
entire road district in itself. This by
virtue of an exercise of the initiative
powers within the city. However,
this amendment to the charter was re-l
pealed a year ago, and the city thrown
Lack under control of the county court
in so far as road district matters are
Chapter 127, section 1, page 133,
. general laws of Oregon for 1915,!
amended Section 6313 Lord's Oregon
laws, providing that in October the
county court should divide the coun
ty into road districts, and also pro
viding that each city and town should
be a separate road district in itself.
Section 2 of said Chapter 127, amend
ed section 6320 Lord's Oregon laws,!
and instead of 50 per cent of the
amount raised for road purposes in
a district going back to that district,
the other 50 per cent going to the gen
eral road fund of the county, it was
provided that 70 per cent of the
amount raised in a district should go
back to the district for expenditure!
within the district, the other 30 per!
cent going to the general road lund
of the county.
Later, and at the same session of
the legislature, chapter 194, page 255,
general laws of Oregon for 1915, was
passed. By this latter act, section
C313 Lord's Oregon laws was also
amended in iita entirety, and in tins
latter amendment, the provision was
made; that 'the division of the county
into road districts should be made by
the county court in September, rather
than in October, and it, failed to say
anything about cities and towns be
eoming separate road districts in
The Supreme court of the state of
Greeron. on October 19. 1915. render
ed a decision in the case of state ex
rel. Brady v. Lightner, et al, board of
commissioners of Multnomah county,
in which it held that the latter law.
to-wit, chapiter 194 general laws, of
Oregon for lbla, repealed cnapter xn.
above mentioned, and for that reason
the countv- court was under no ouga-
tion to create a separate district out
of cities and towns, and tbe ettort
made in that case to compel the coun
ty court of Multnomah county by
mandamus to create a separate and
entire road district out of the city oi
Portland failed.
Consequently, in view of this decis
ion, Falls City is not a separate dis
trict in itself, except as it has been
made such by the county court. The
county court at its regular term in
September (and also in October) en
tered an order dividing the county
into road districts, and creating the
cities of Independence and Falls City
into separate road districts in them
selves. This division stands for the
ensuing year, but there is nothing to
prevent the county changing the
boundaries of the districts again next
vear. and asrain placing Falls City in
a district comprising territory outside
its city limits. The cities or Donas
and Monmouth are separate districts
by reason of amendments to the char
. ter similar to that in force in Falls
Citv raior to its repeal one year ago.
Therefore, in view of the laws above
quoted, and the said decision of the
Supreme court, and the action taken
by the eonnty court, the Falls City
road district, which comprises only
that territory embraced within tne
corporate limits of the city, will be
entitled to 70 per cent of the road
funds raised in that district, but this
70 pe rcent will not be turned over to
the city for expenditure as it deems
best, but on the contrary will be dis
bursed through the county court, and
the road work accomplished will be
such as is directed by the county
court, and will be dons through ofhe
ials designated by the eonnty court.
Tbe city council of Falls City will
have nothing to say about the applica
tion of these funds. In Dallas and
Monmouth, their share of these road
funds will be turned into tbe city
treasnry and disbursed in the manner
as other funds of said oity are dis
bursed. Ferry Out of Commission.
Tbe ferry across the Willamette
river at Independence is out of com
mission, and will be for several days
to come. During high water a pole
on the cast side of the stream (rare
way. permitting the guy wire to fall
to toe ground.
Ft P
r a . -mmommm - ; i . 1 II
Family Sound Asleep When Neigh
bor Discovers Blaze and Calls
Fire Fighters.
A suit of clothing was all that was
saved in a fire that destroyed the
home of J. W. Mangus late last night,
and woke the family from sleep to
send them scarring to 'the street in
deshabille. The blaze was first .seen
by Phil Begin, a neighbor, who turned
in the alarm. , When the sudden
burst of light flared in the windows
of Mr. Begin 's home the hall of tlie
house was in flames, and before its
discoverer could dress himself and
hurry to the assistance of those
asleep in the house the fire had spread
so that when the fire department ar
rived it was practically beyond con
trol. Immediately after the alarm
was sent in the family in the Mangus
home awakened, and in his surprise a
young man jumped from an upper
window of the house. Mr. and Mrs.
Mangus escaped through a side door.
The only salvage from the fire was a
suit of clothes carried by Earl, the
young man who jumped to safety.
Miss Mangus, a daughter, was not at
home when the fire startled and other
children are out of the city, it is
said. Mr. Mangus and the son, Earl
were employed at the mill here. Those
best acquainted with the family say
that there was no insurance to cover
the loss of about $2000.
The origin of the fire was in the
heating stove in the hallway, where
an accumulation ot papers and such
made an intense heat about 10:15 last
evening. Within five or ten minutes
after the alarm was sounded the side
walks about the blazing home were
massed with people. The fire depart
ment made a Quick trip to the scene
anS did very good work with two hoses
in getting the fire undep control as
soon as they did. It was not possi
ble, however, to quench the roaring
names before they had ruined tbe
home beyond repair.
Early Morning Fire at Bnena Vista.
An early morning' fire today de
stroyed the large feed mil. and the
grain and seed of W. o. McLlain at
Buena Vista. The origin of the blaze
has not been determined and the loss
is estimated at about $4000, includ
ing the building and its contents,
which were totally destroyed. The
building was valued at about S2VNJ
and the feed ami grain stored in it
were worth approximately $1500. Mr.
McClain carried $1000 insurance on
the entire property. Efforts at sav
ing the building from total destruc
tion were futile because of the dis
tance from a water supply, and was
allowed to burn to tbe ground.
Most Go as Side Line.
Speaking of the political game
which is to be played in Polk county
next fall. The Independence Monitor
has this to say of the treasnreship:
"The treasoresiuD will be donated to
some Dallas janitor or hostler who
has a aide use to make living.
Management Firmly Believes That
Fifteen-Cent Mark Will Be Reach
ed in Near Future.
Announcement was made at the
headquarters of the Oregon Hop
Growers' association Saturday morn
ing that arrangements have been
completed whereby the hops signed
up with the association will be taken
in and the work of receiving has be
gun. Tins announcement is made in
refutation ot the report which has
been circulated by enemies of 'the as
sociation to the effect that the asso
ciation would not be able to finance
its holdings and, in consequence, the
organization was on the verge of col-'
The association is also in posses
sion of irrefutable evidence that tre
mendous pressure has been brought
to bear upon the banks ot the Wil
lamette valley to prevent them from
extending .the association further fi
nancial assistance, in the effort to
force the organization upon the rocks,
but, notwithstanding thu powerful in
fluence, the association has been suc
cessful in making all necessary ar
rangements to provide sufficient funds
'to carry its stock over an indefinite
period without embarrassment.
In the efforts to break up the as
sociation pool and force its holdings
of 30,000 bales upon the market when
it was in the midst of depression, the
association officers state that banks
of the valley, which are handling the
association finances, were being ur
gently prevailed upon to compel the
organization to let go at 9 cents, with
out success, and, by reason of its be
ing able to bold out against any and
all emergencies, the association feels
that it has already1 made 3 cents, or
$180,000 for the growers, as 12 cents
and better is being freely offered the
association by dealers. The association
has been holding out for 15 cents and
will continue to do so indefinitely, and
the officers believe that prevailing
conditions warrant this price and that
it will be reached in the very near fu
tures. Union Thanksgiving Service.
The churches of Dallas will unite
in a union Thanksgiving service to
be held in the United Evangelical
church Thursday evening, November
25th, at 7:30 p. m. Kev. Geo, A.
Bennett of the Methodist Episcopal
church will preach the Thanksgiving
sermon, and the music will be render
ed by a choin composed of the mem
bers of all the choirs of the several
The eitizens of Dallas and vicinity
are invited to be present and partici
pate in this expression of thanksgiv
ing to God for the manifold blessings
of the year which has just passed.
Grand Patriarch Andrews of the
Oregon encampment, is scheduled to
visit Falls City lodee Thursday af
ternoon and Friendship lodge or Dal
las, Thursday evening.
Woman's elub bazaar, December 3.
Committees Appointed to Aleviate
Wants of Worthy Poor and Make
f Cheerless Homes Happy.
Upon invitation of the committee;
recently appointed by the Knights of
Pythias the JUks of Dallas, number
ing twenty-four, will join issues with
that lodge in the distribution of sun
shine into dark Dlaces alon? the oath-
way of unfortunates during the Yule
tide season. Each had planned 'to
act independently, but when the LIks
assembled at the council chamber Fri
day evening to discuss a mode of pro
cedure the invitation to create a com-,
bine was extended and eagerly ac
cepted, it being appreciated that the
undertaking could be made more ef-
fectively accomplished through union.
President Kirkpatrick appointed
Messrs. L. D. Brown, A. L. Martin
and Lew A. Gates a committee to
represent the Elks, and this commit
tee will act in conjunction with W.
J. Himes, Fred West and Walter
Young, the Knights of Pythias com
mittee, thus making it possible for
the latter organization to further ex
tend its charitable work.
Toys and confections will be dis
tributed among the worthy poor chil
dren of the community, and lood to
the families, the plan being to fol
low the custom of the Knigh'ts, who
in years gone by have brightened
many cheerless homes at this happy
Former Mayor Biddle Laid at Rest
By Many Friends.
A stirring tribute of respect was
paid to the memory of Edward Biddle
by the great number of friends and
admirers who attended his funeral on
Friday afternoon. As a spwial honor
to the former mayor practically every
business house in Dallas locked its
doors between the hours of 1 :30 and
2 :30 in the afternoon, and bis friends
gathered in Urge numbers at the
Chapman chapel. Services were con
ducted at the chapel and at the Odd
Fellows' cemetery under the aus
pices of Jennings' lodge, number 9,
A. F. & A. M. In addition to many
Dallas masons, a number from Salem
attended the funeral of the former
grand high priest of the state. Among
these were Henry B. Thielson, Thom
as F. Ryan and R. B. Fleming.
- Decision Next Scrlnf.
Testimony given before Examiner
Butler of the interstate commerce
commission in Portland Friday rela
tive to through freight rate from Hie
east to valley points will be forward
ed to Washington in January, and a
decision is expected in about three
Hero Is Real Information.
Falls City News: "The Dallas pa
pers can't soliloquize over tbe taxes
at Falls City being higher thaa any
other city in the, state this year. They
have been reduced tore and pned np
a notch or two at Dallas.
Col. Hamilton'SvDiscoorses Attended
By Comrades and Ladies, and
Prove Interesting.
The week-end, and especially Sat
urday, was busy one for. the mem
bers of the local post of Grand Array
veterans. On Saturday morning nine
members of U. S. Grant post number
17, made an automobile trip to Inde
pendence to inspect General Gibson
post there. Adjutant Lovelace of the
local post conducted the inspection
and has forwarded his report to head
quarters. The U. S. Grant members
enjoyed the tiip greatly and had a
pleasant visit with 'the comrades at
Independence. Those who made the
tnp were Peter Greenwood, Adjutant
Lovelace, David Smutz, Isaac Phil-
lips, Numa Arnold, C. G. Fuqua, Da
vid Darling, H. P. Shriver and John
On Saturday afternoon the mem
bers of U. S. Grant post assembled for
'their regular meeting and inspection.
Assistant Inspector Braden of Sum
ner post number 12, Portland, con
ducted the inspection and before re
freshments were served Col. J. S.
Hamilton of Portland was introduced.
Tbe ladies of the circle served de
lightful and substantial refreshments.
After this feature of the meeting
Col. Hamilton made a stirring five
minute talk.
Saturday evening the members of
the G. A. R, and the ladies of W. T.
Sherman circle, D. A. R., attended the
lecture by Col. Hamilton at the Pres
byterian church in a body upon spec
ial invitation from the speaker. Those
who heard his fine address pronounce
Col. Hamilton's talk one of the best
of its kind ever delivered here. Al
though he spoke for two hours the au
dience was loath to have him stop his
interesting discourse. On Sunday even
ing the G. A. K. and V. A. K. again
heard Col. Hamilton. On each even
ing Col. Hamilton was greeted by a
large and attentive audience that en
joyed the relation of his stirring ex
periences and those of his compatriots
in the civil war.
Crow Threatens Vengeance.
Deeming character above artistry
Ben Claire Crow, who is now study
ing in Chicago, and who some time
ago appeared in Dallas in concert.
threatens to return to Independence
and prosecute persons whom he al
leges are defaming his good name by
circulating stories about himself and
his aecompaniest while on a concert
tour of California last summer. Crow
says, among other things: "Believe
me, some one will likely think several
Parisian creations have been import
ed for the occasion if I return for the
final curtain of this delightful little
movie stunt."
Trad for Marion Farm.
E. L. Buchanan has traded his In
dependence property for a Marion
county farm, and with his fsmily has
moved thither to engage in tilling the
Natives of Polk County Principals in
Tragic Affair Enacted in Clack
amas County.
Samuel Case, a native of Polk coun
ty, and under indictment for the kill
ing of his brother, Ernest Case, alt
Oregon City on October 3, after bad
blood had existed between them for,
several years, died on Friday last fol
lowing a surgical operation. Deceased
wap a son of Rev. and Mrs. Lebon
Cose, pioneers of Polk county, and it
was here that Samuel Case was born
forty-two years ago. The father was
a leading chuirch worker in the earlier
days of this section, and when lie de
parted this life he left a large estate,
which was divided among several
heirs. The slaying of his brother, E.
If., by Samuel Case is still fresh in
the memory of those who remember
the principals. The brothers married
sisters, and even death has not healed
the lll-teehng that has existed be
tween the families for years, and they
are not on speaking terms.
Cassius, another brother, recently
told the story of the differences be
tween Ernest and Sam, which were
published in The Observer at the time
of the killing. He says he and Sam
stayed on the farm and worked, that
Ernest might) go to college, and that
with the knowledge gained in school
Ernest managed to cheat the rightful
heirs out of the father's estate. Other
issues came between them until Ernest
is alleged to have threatened to take
Sam's life. On the night of Sunday,
October 3, Sam was on his way home
when Ernest is said to have rushed
from his bam and at Sam. Sam fired
and Ernest fell dead. A coroner's
jury exonerated Sam, but the grand
jury indicted him and he was to have
been tried December 8. More than
twenty persons had been served as
Sam Case is survived by his widow,
two children and the following broth-.
ers and sisters: George Case, in the
east, Tom Case of Leban6n, Cassius
Case of Park Place, Mrs. Bell Booth
of Salem and Mrs.. Jennie Belt of
Lebanon. ,
Monmonth Man Pleads Guilty to Kill
ing Domestic Animal.
Fred Smith of Monmouth was yes
terday afternoon bound over to the
grand jury, after having pleaded
guilty to shooting a domestic animal,
the penalty for. which offense ranges
from a heavy fine to a term in the
penitentiary. A couple of weeks ago
the offender in company with three
others, while going to the Siletx, pass
ed the old "Billy" Brown place, be
tween here and Falls City, on which
Edward Ryan now resides, and Smith
espying a cat in an open field drew
bead on the animal and tired, with
the result that the Ryan family was
immediately thereafter catless. The
cat was valuable because of the fact
that it caught gophers in the field and
rats about the premises, and Mr. Ry
an would not have exchanged it for
the best dog within the confines of
Polk county. Prosecuting Attorney
Sibley caused the quartet to be
brought to Dallas yesterday, Smith
being, held for the inquisitorial body
to deal with as it deems best.
Loss In Sunday Blaze Near Oakdale
Covered by Insurance.
A Sunday afternoon blaze entirely
destroyed the George Stewart house
near the Oakdale school and much of
the furniture and personal effects of
the occupant, John W. Mocomlber,
were consumed. Its origin is unknown.
The fire spread rapidly over the house,
allowing only time enough for the
family to save a few pieces of furni
ture and some personal belongings.
The house was valued, approximately,
at $900 and was insured for $500. The
furniture wss insured. Tbe blaze at
tracted the attention of many neigh
bors, some of whom joined in an un
successful attempt to combat the
Not Yet, Bnt Soon.
When the tall stack at the sawmill
of the Falls City Lumber company
emitted great gobs of black smoke
tbe other day the denizens of that
place wondered if the expected had
really happened, bat later learned
that the boilers had been fired simply
to oil the big belts. But there is ev
ery prospect that (he mill will not be
long idle. As ose Falls City man re
marked, " It 's a good omen, fcnyway. ' '
Union Thanksgiving Service.
All the protest ant churches of In
dependence have united, and will hold
Thanksgiving services at the Metho
dist church tomorrow evening.
Mrs. 0. B. Statin" of Riekreall was
removed to her home from tbe Dal
las hospital yesterday. Mrs. Stauff
wss operated on more thaa a week
ago for appendicitis.