(THE HOME PAPER,)
DALLAS, POLK COUNTY, OREGON, TUESDAY, JANUARY 4, 1916.
(TWICE-A-WEEK)
NO. 88
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3S THE ANSWER
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,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.