(THE HOME PAPER,) DALLAS, POLK COUNTY, OREGON, TUESDAY, JANUARY 4, 1916. (TWICE-A-WEEK) NO. 88 !3 h la.- la. l& t ln-e r. "bis ei to 9 $L ur ioh, it i 3S THE ANSWER 1 ,ES CONTRACT IN THE ,TER WORKS-CASE; tearing Will Be Decided Up tthin Short Time Judge Kelly Will Preside. iisfied with his original an te complaint of H. V. Gates $he Eailroad commission of M the city of Dallas, to es tirnership of the Dallas water ity Attorney Ed. F. Coad has , amended answer to the com twhich will be more apt to af t. s ease in favor of 'the city and j.; mission than would the orig f -wer. A date for the hearing -se of H. V. Gates vs. .the commission and the city of municipal corporation, will the near future. Judge Rel it hear the evidence and has twine the case in a prelum- j The original complaint did irth all .the facts in the case, i been admitted as the city 's & would probably have been tt and the case would have iy against the city, whereas lcipality has a more lair . it view of ithe amended an- r&e is one that has stirred council and Mayor Kirkpat ;tion. They saw where there issibility of being forced to wnersuip oi a puuuc utility, der the terms of a legal con- i lease, was owned by anolh- eriod ot zu years, xney also the city would in one way right and title to the plant nent after expending nearly if get it estaonsnea nere. un 30 of last year Mr. Gates K against the Railroad com- nd the city of Dallas to ac he ownership and the power amission to regulate its at i) rates. The city was in . ithe sirib to make it compul- S it to observe any decree own. In his complaint, filed Jscar Hayiter for the Gates .! Huston and Huston, Mr. sped that the rate reducing he Kauroad commission was because the city was the EC of the plant and equip- I that the commission used and erroneous methods in plant and equipment. This was ordered after the city ihiined to the commission i was operating a public util at the rates he charged were seasonable and excessive. In this complaint Mr. Gates 1 charges and alleged that fas the owner of the plant, commission made its valu ling the city interested fi tsfcjhe extent of $12,707.r)0 sto the extent of $44,312.50, i valuation of $57,020.00. f ordered by the commission fcf' his rate schedule accord ;p schedule provided by Kron. , J ' ' jphen this order was issued lates filed his original com Btablish right and title and tlie ruling of the commis si alleged in that document .dilation of his property was tt than was right and just, t the amount should not be J71 ,202.50, depreciation con in his statement lie said that be order would reduce his mm the water system at nercent. as the returns on aient at that time were less t cent. The prayer of the .was that 4 lie plaintiff be i owner of the plant and nt and that the order of the 1 commission be annulled. "?,iilroad commission, through Oeneral Brown and C. B. i of the counsel, answered sunt on July 12, 1915, admit Gntes constructed the plnnt, i.own behalf rather than for : The answer alleged that icd, managed and controlled and equipment and prayed somplaint be set aside. De- sura and substance of this, orneys replied to the answer i, admitting only that Gates the plant. City Attorney ad filed an answer to the for the eky on July 17, the city's answer it was ti lt Gates built the plant to satisfaction of toe city and 'as paid $12,000 when the Ks were accepted. It alleg tatea was owner, manager tor of the plant and asked issal of the complaint This arely lost light of the fact t. according to his contract ity, was to own and oper uit only daring the term of r year lease which he had d by the eitv. This was mistake that City Attor reetified ii his amended sd on behalf of the eky on , 1915. The amended an- of the twenty-year lease, fs the city's ownership af we has expired. The eitv .tes f 12.000 is two equal , as provided by the terms of its contract, and it was stipulated that the plant to be built would cost not less than $20,000. It was provided in the contract entered into between Mr. Gates and the municipality that at the expiration of the lease or ait the end of any successive five-year period the city might have the plant and equipment appraised and upon payment of all over $12,000, would le gally acquire Gates' rights and title to the property. Gates was admitted to be the owner throughout the twenty-year term of his lease, but that after such time, or the five-year per iods specified, the city could acquire title. The amended answer prays for dismissal of the complaint and the declaration of Gates' ownership in ac cordance with the terms of the con tract. . In his reply to the amended answer Mr. Gates denies all charges and alle gations with ithe exception that the city did draw an ordinance such as is set down in the complaint, permitting the city council to enter into a con tract with a private individual for the construction and maintenance of a water system. Admission is also made of the fact that It he city did acquire title to lands used by the wa ter works system both within and without the corporate limits of the city and that these were turned over to the lessee. The reply admits, too, that the contract as specified was entered into between the plaintiff and the city of Dallas. There the case rests today. It will be settled by a hearing before Judge Kelley, the date to be announced soon, when the Rail- j ! j ii.- i t- i ruaa cuuiuuhmuu ami me emy 01 i.hi las will be defendents to the action brought by Mr. Gates. WILL RESIGN THIS MONTH. ROUND BARN ATTRACTS PERRYDALE JERSEY BREEDER WORKS OUT THE PLAN. Circular Structure Has Numerous Ad vantages Over Square Barn of Same Cost. Applicants for Mr. Seymour's Place Bobbing Up. Although County Superintendent of behools beymour will not tender his resignation to the county court until about! the middle of the present month, there are several applicants for the place and their frienda are industriously engaged in presenting their qualifications to the governing body in the hope of securing for it heir favorite the desired recognition. Among those who would succeed Mr. Seymour are Prof. Teats, superinten dent of the schools at Independence, Prof. Haley of the Falls City schools, and Mr. Crowley of Siekreall. The latter is of the democratic persuas ion, however, and his political com plexion will probably oar him from appointment, all other things being equal, the court being composed whol ly ot republicans. This bring the question of appointment between .the other two named, unless some dark horse appears in the meantime. The matter has not as yetf been discussed by the court, and will not be until af ter the resignation of Mr. Seymour, who will associate himself with 'the Oregon Agricultural college February The round barn erected by F. Ei Lynn, the Perrydale Jersey breeder, is completed and the cows now occui py it. Opinions differ widely as to the advantages and disadvantages of a round bam and since Mr. Lynn be gan planning a barn of circular di mensions over three years ago, many friends undertook to dissuade him. But he went on planning little chang es and improvements here and there until, when its erection was begun last summer he had in mind just what he wanted. And it must be admitted the barn is pleasing to the eye, both out side and inside and gives a number of conveniences not found in a square cornered barn of anywhere near the cost. The barn is eighty feet in diameter, twenty-four feet high to the eaves and sixty-four feet to the top of -the cupalo. The floor and walls four and a half feet up are of concrete and I there is a concrete silo in the center. Surrounding the silo are bins about ten feet wide for grain, hay, kale, roots, etc. These bins are estimated to hold 8000 bushels of grain. The bins reach Ito the upper floor, keeping out any odor of kale or other feed and keeping the cows breatn away rrom it. Surrounding the bins is a feed al ley eight feet wide. Thirty box-stalls, each reaching trom tlie ieed alley to the outer walls, fill the entire floor space, except where the door opens. These stalls are each four and a half feet wide at the narrow end, eight feet at the wide end and sixteen feet long. At the narrow end, next ithe feed alley, is the manger, ot wood, swung on hinges at each end in such a manner that it either, faces the cow just right for feeding or turns back so she cannot see the teed, or turns entirely over, making it easy ito clean. This manger and its plan of swinging back and forward is entirely Mr. Lynn's own invention and he is the architect of the entire barn. A six foot gate is so arranged on each side SILVERTON IS FLAYED BUT DALLAS DOES NOT WIN WITHOUT A STRUGGLE. Final Score in Saturday's Interesting Basketball Contest Dallas De feats Newberg. of each stall that it can be slid backtithe beginning of the second period of GRANT LAND TAX HOLDS. Douglas County Wins Suit For $17,- 041 Delinquent. Holding that the acts of the tax- levying officers of Douglas county were regular n every particular. Judge Hamilton rendered a decision in which he held that the Southern Oregon company was liable for the payment of delinquent taxes in this county amounting to $17,541.79 and covering a term of five years. The decision is important to Polk and all other Western Oregon counties in which grant lands are located. Taxes in Polk county have been held bnck by the railway company for two years and there is now due the county approximately $28,000. Accidents of a Week. The following accidents in Polk and Marion counties were reported to the Industrial Accident commission last week: R. DeWitt, Falls City, leg braised while logging; Joe Potter. Mill City, ankle hurt, sawmill; D. Palmer, Dallas, knee braised, sawmill ; J. T. Hafner, Silverton, foot cut, saw mill ; Frank Weaver, Dallas, toe crush ed, sawmill. Robbery at Amity. The postoffice at Amity was robbed of $40 in postage stamps on the night following the robbery at Rickreall, where the intruders profited $50 in stamps by entering the postoffice there. The Amity theft was probably perpetrated by the same parties and the postoffice department is on the trail or trie robbers. requiring only one gate to each stall and making when the gates are open, a six-foot alleyway through the mid dle of all the stalls clear around the barn. A drainage gutter four inches wide, with a top only seven-eighths of an inch wide runs through the cen ter of each stall clear round the barn, and empties into. a drainage tank be low the barn on the hillside. The stalls and gates are of woven wire. When being milked the cows are fastened with a chain around the neck to the manger and it is the in tention to feed while milking. Jusit back of where the gate opens, at the wide end ot each stall, a low board is placed and that part of the stall is bedded eight or ten inches deep in clean straw. The cow will naturally lie on the bedding and, if kept in during the day has a large box stall in which to exercise, and this ar rangement makes taking out the ma nure easy. Two windows gives six feet of glass to each cow and every stall but one has (these windows. They slide up and down or drop in from the top. Automatic water buckets will be installed in each stall and thev will be supplied from a concrete tanR on top ot the silo. The barn is built on sloping ground and a drive way goes directly to the upper floor. This floor has a capacity of 330 tons of hay. Hay is unloaded with a mast and pim-pole and it can be done very rapidly. Kuril! bpint. The Dallas high school basketball team triumphed over a speedy organ isation of Silverton boys at that place on Saturday evening, with the final score standing 18 to lb. The contest was snappy throughout, and very pleasing to the large gathering or bilverton supporters. The Silver ton team came onto the floor under full head of steam and within a very short time had piled up the one-sid ed score of 0 to 0 in their own favor. Things were looking dark for the Dal las team, when it turned on the emer gency tap of pep and speed and the first half ended to 7 in favor of Dal las. The Moose hall at Silverton was packed with interested fans, and the game they pronounced one of the best exhibitions that had been given on that floor in years. The ball was con stantly in motion and the basket shooting ability on both sides was well developed. The game was fast that at the final whistle both teams were ready and willing to call it a contest, regardless of score, and to relieve themselves of the strain of playing longer. The Dallas team consisted of Cut ler, Bennett, Scott, Hart and Ellis. Of these Bennett made three field goals during the game, Cutler made one, bcott one and Hart one. Silver- ton high school was represented by Scott, Durno, Bristol, Carson and Pitman. Scott made two field goals, Uurno two, .Bristol and L'arson one each. Chenoweth was referee. Wol- cott, Silverton, umpire, Ted Berg. timekeeper and Shaw, scorer. The final score was 18 to 16 in favor of Dallas. Fast Basketball Game. Newberg 's best basketball talent suffered heavy defeat at the hands of the Dallas quintet on the armory floor Saturday, and carried back .to the Quaker city the small end of a 37 to lb score. The playing in the first half was comparatively even and the pame was fast and interesting. With give it a better home than it could possibly have at the court house the animal was turned over to the lad. For nearly a month the dog has been around the court house. It is most probable that the animal followed someone to town and to the court house and the owner got mixed up on directions, leaving the dog waiting at one door and going out 'the other. COUNCIL REJECTS RILL play, however, the Dallas boys came back with a vengeance and literally played the visitors off their feet There seemed to be a general inability to find the basket at times, but the score indicates trend of play. The attendance was very mediocre, due, perhaps, to the weather condition. the giame started witn uauantyne and Bovdston at forwards, Matheny and Burke at guards and 11 ayes at center. At the beginning of the sec ond half Captain Matheny substituted Woods tor Burke at guard, and short ly betore final time was called went out of tk? game himself to allow Gooch a position. Ballantyne and Buydston, forwards, made the most points of the evening, and through out the game their play was tast and consistent. The other members of the team played excellently. Harrington of Newberg refereed the game, Fred Boydston was umpire, fred Cooper. timekeeper and Earl Cutler scorer. HAS NEW SET OF OFFICERS. CENTRAL COMMITTEE MEETING. Mr. Thompson in Charge. J. B. Thompson took over the man agement of Hotel Gail Saturday morn ing, and later in the day Henry Serr and family departed for Spokane, from which place they will soon go to western Idaho. Unas. Mann has sev ered his connection with Hotel Al bany at Albany and is employed at the Gail. Adopt a New Schedule. ' Commencing with the new vear the dnurgists of Dallas adopted a new dosing schedule, and hereafter thost persons desiring to gain admission to these plsees of business must pat in an appearance between the hoars of 7:30 s. m. and 8:00 p. ra. on week days snd between the hoars of 9 KM) and 12 oa Sunday. Republicans Will Convene in Dallas on January 22. Chairman D. M. Hampton of the County Republican Central committee has issued a call for a meeting of that organization in this city for Sat urday, January 22, when it is expect ed that all members will be present. The object of the meeting is to make plans for the approaching campaign. Several leading republicans of the county were desirous of meeting last month, but Chairman Hampton thought it desirable to wait nntU the year in which the election was to he held. The republicans of the county have a strong working organisation, due largely to the personal efforts of the several precinct committeemen, and eommitteewomen. but it is hoped to even strengthen it during the coming campaign, which can be done by party members displaying an interest. The precinct is the foundation of the par ty, locally and nationally, and there fore it is of vital importance that in terest be displayed in each nnit At Work en New Crider Stars. H. L. Crider is having his new store, formerly the Dallas Mercantile company, fitted out with new shelving through the center of the large room. The addition will give morn more room for the display of the stocks that are coming into the establishment eaeb day. Mayor Kirkpatrick Chosen President of La Creole Club. At the annual meeting of the Ln Creole club last Sunday afternoon C. E. Kirkpatrick was honored with the presidency of that social organization, succeeding Dr. B. H. McCallon who served in that capacity very credit ably during the past year. A. V. R. Snyder was elected vice-president by acclamation, as were also Walter Vas sall for treasurer and Walter Ballan tyne for secretary. The board of di rectors for the ensuing year was se lected as follows from the nine per sons nominated: Lew. A. Cates, Eu gene Hayter, A. L. Martin, Tracy Staats, Walter Williams. The meeting was not largely at tended, only about thirty per eent of the membership being present. The reports of the secretary and treasury showed the organization to be in ex cellent financial condition. During the past vear an indebtedness exceeding $400 was paid and a balance of more than $200 was found in the treasury at the close of 1915. Several impor tant improvements were made during that period, among those most not able being a more modern lighting system. The L Creole club begins the new twelvemonth under very sus picions conditions, its membership is now something over one hundred. the increase having been large since the last annual session. LUMBER PRICES SHOOT UP. Increased Demand Makes More Ac tive Market. With an advance of $4 a thousand in the price of redwood lumber, and an even greater advance in the price of fir, caused by an increase in build ing activities in California, the tim ber people have a convincing proof of prosperity, says a California dis patch. The increase in the price 'and the demand is all the more significant in that it comes in December and Janu ary, a season when building activities are generally slackened. It is said that the demand in San Francisco last month was three times as great as in any other month in the last five years, Stories of speouJative buying in the east, and stocking up or lumber in Atlantic yards in anticipation of the end of the war. have been heard here, and it is certain that the first, advance was in the price of southern pine. Timbermen themselves say they are surprised at- the demand of the last month, and report that architects' of fices have more business on hand now than at any other time since the re building immediately after the fire of 1906. Another indication of the in creased prosperity in the timber mar ket is the advent of a new company in Del Norte county, on the Oregon line, with a capitalization of $5,000,- 000. The Brookings Timber & Lum ber company, which had been operat ing in nr in Oregon, has acquired the redwood holdings of the Del Norte company, and under the name of tlie California & Oregon Lumber company wi enter the California markets. RAILROAD WORK RESUMED. CLAIM FOR ROYALTY ON SEP TIC TANK DISALLOWED., Mr. Chapman Given Authority to Con struct Private Drainage System in Streets. Reported That Valley & Siletz Will Enter Independence in Spring. Work will be commenced on the Valley & Siletz railroad at once. A large nmmber of men have been called for labor with orders to report at Hoskins. Mike Goetz, who is to have charge of the freighting, will go to Hoskins at once. While Mike is not exactly on the " inside-" f be was told by authentic authority that the pres- ent movement is the beginning of the building of the railroad into Indepen dence. The men called for service next week will be put to work on the south end to complete an unfinished job there. When this is finished all hands will be transferred to the north end and the Valley & Siletz system will walk into Independence some day next spring. Wo information relative to the mill is obtainable. The lumber industry has commenc ed to revive and the situation is look ing very bright indeed. All lumber and logging companies have taken on new lite." They are opening mills, working their men on full time and increasing their force. The general optimistic tone all along the line in dicates that Independence and Polk county will soon reap the benefits of the forward march. Independence Monitor. WOULD CHANGE DATE OF GAME Court House Dog Gets Horns. After enjoying the bountiful food furnished by the officials and employ es at the court hoose the woolly white dog with a kindly eye and a bob-tail has found a new home, and no longer greets visitore at tlie county house. Last week Mr. Whitney, superinten dent of the building, heeded the plea of an earnest little youngster who said he would like to own the mongrel pap in spite of its bob-tail and other constitutional defects, and desiring to California Basketball Team Want Heavy Guarantee to Play. The University of California bas ketball team which was to have play ed the local quintet here on January has written to Manager Fred Gooch to say that it would not be possible to play here on that evening, and suggesting next Friday evening. Manager Gooch replied by wire to the communication saying that his team would play on any night of next week, but that it could not consider Friday of this week. The Californians asked for a guarantee of $75 if they played here at that time, and this was also denied by the Dallas team. A coun ter-proposition has been offered the southern players which provides for guarantee or $b0 or 70 per cent, of the gate receipts with a guarantee of $50. Manager Gooch has had no word from California since he wired this proposition last evening, and is some what doubtful as to whether or not it will be accepted. The California boys have games with the University of Washington at Seattle and are anx ious to get there as soon as possible after leaving native soil. That is given as reason for the attempt to change to date of the game here. Monmouth Beats Independence. The Monmouth Athletic club's basw ketfball team met the quintet of the Independence Athletic elub in a match game in the Monmouth high school gymnasium si Monmouth last Satur day. The home boys were victors over the visitors by a score of 17 to 19. A retain game will be played soon. Farmers' Telephone Company. The farmers living north of Mon mooth have recently organized s Farmers' Telephone company. The organization is stock company and will be incorporated with a stock of $250 with fifteen stockholders. The city council at its meeting last evening rejected payment of a bill for royalty on the septic tank in use by the city, claiming that the tank was in no way an infringement upon the patents held by the company. J. R. Sibley presented this account to the council some weeks ago and it has been under consideration sinco that time. Ordinances prepared by the city attorney and by Oscar Hayter granting to It. L. Chapman the rignt to construct and maintain a drain tile system in the public street near his place of business went through their second reading. Mr. Chapman was not entirely satisfied with some of the terms of the city attorney s ordin ance, and Mr. Hayter was present at the meeting to point out these object- ' tions. . The city's ordinance was re jected by a vote of 5 to 1. Mr. Hay ter 's interpretation of the matter, presented in the form of an ordinance, carried unanimously after being slightly amended. Business of a routine nature was interspersed with other matters, such as the reading of a request from the Southern Pacific company for an ex tension of time on street and cross ing improvement work along its tracks in this city. The company as sured the council that the necessary work will be done as soon as weather permits. The request for time was granted.' The December report of the city marshal listed three arrests in that month, with fines totalling $15. Only $5 of this amount has been col lected, however. The arrests were all ' for drunkeness. Bills for the month were allowed with the exception of one covering insurance on the library building. This bill was referred (to the finance committee for discussion with the library board. The city au ditor was instructed by the council to notify the Southern Pacific company to install a crossing bell at tlie junc tion ftf Orp-harH trenim tinrt f.liA. ifnt- pany's tracks in North Dallas. Tae junction is one of the most . danger-. ous crossings in the city. An ordinance authorizing an in crease of $5 in the salary of the city marshal was tabled on motion of Councilman Miller, and the increase will be to Mr. Chase's salary as street cleaner. The council voted to take the necessary amount from the road , fund and put it into the creneral fund. Two new street lights were authoriaf ed, one at the corner of Howe street and Miller avenue, and one out on Fairview avenue. The council ad journed to meet again next Monday evening. HOSPITAL OWNERS MEET. Association Hears Reports on Year's Work Elects Directors. The annual meeting of the stock holders of the Dallas Hospital asso ciation was held in the county court rooms at the court house last even ing, rfeports covenne the year's work and the finances of the institu tion were read, and a general discus sion was held. The election of a new- board of directors was among the im portant matters of the meeting. The stockholders have an annual iruwing- on the first Monday of each January. The association has been formed for several years, and its greatest accom plishment and chief pride is the Dal las hospital, which is amonir the best institutions of its kind in the Wil lamette valley. There are about fifty holders of stock in the association The directors who were re-elected at the meeting last evening bv the elec tion of a new board were Frank Coad, president, and lrs. B. 11. McCallon, L. A. Bollman, V. C. 6taats, A. B. Starbuck and W. S. Cary, and Oscar Hayter, directors. Miss Viers was re-elected secretary-treasurer. Nimrods Hunt Rabbits in Snow. Snow covered fields are fine hunting grounds these days when the rabbi t come out, leaving their tiny tracks ev erywhere in (he white mantle. From Dallas since the first snow fell a great many nimrods nave gone in search of rabbits. Generally luck has not been very good, but some marksmen have brought down -a good supply. Hap pily Polk county is not infested with these pests, but there should be enough to make the hunt interesting.. Mother and Child at Hosnitai. Mrs. Charles Wallace and year-old child are both confined at the local hospital. The child is threatened with pneumonia. The Wallaces lira between here and Falls City, where -they have a small tract of land. The Monmouth Oddfellows' lodge held its annual installation of new officers Monday evening. The officers elected for the coming year are : John Seott, noble grand; J. V. Webber, vice grand; Paul Tarhoron, seers-' tary; J. W. Least, treasurer. Ray Pereivsl of Caldwell, Idaho, is visiting friends here. Mr. Percrral formerly lived in Dallas.