Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, February 04, 1916, Image 1

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NO. 97
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Ul. uuili I ur Hnoun
AnA..nl Ad Roff ar Par, vf Two
Days, and Many Witnesses
Are Called.
'After debating for three hours the
. . . . i ij lii-i- ij
fry xue case ot ime otaiu ui uic
n'Ss. ' Mrs. Amanda Rexford and
ritujt McMurray found a verdict in
vor of jthe defendants, and ithe
large of defrauding an insurance
jmpanyj one that has been hanging
(er them since tne aesirucuon uy
9 of the old Walker rooming house
Independence, was proved untrue,
e charge was brought about
lough an investigation that seem
to show that the defendants in
ltionally fired the building to ob
n insurance money amounting to
000. f: Witnesses for the state ap
ired before the grand jury .when the
lictjnents were returned, and at
tr time gave testimony to substan
ce the case for the state, but these
le persons either failed to draw at-
tion to tne things they alleged tney
w, or (the attorneys tailed to touch
n them in their examination. The
9 went betore the court at one
ock on Monday, and the jury re
ed its verdict at three o ciock tue
wins day,. Evidence for the de-
e was completed at noon on VVed-
ay, iiLteri-Jsprs. uexiura ami icsu
in h-ef own behalf. The rooming
o which Mrs. Hexiord operated at
pendence was burned to the
and on Saturday morning, Novem
o, with a total loss or approxi-
ly $25,000, suffered by Mrs. Rex-
and the occupants oi several
i spaces in the same building.
building was the property of Mr.
k of Eugene.
e trial of the arson case was
testing and attracted a large
ber. trom Independence, several
r tilts were staged between the
Counsels, and some of the wit-
is answered questions in such i
that attention was demanded
Bailiff A. V. R. Snyder. Late
ay evening counsel for the de
' moved for a dismissal of pro-
igs on the ground that the bciuo
lot presented sufficient evidence
lisl.itlite action, but the motion
ot allowedly Judge Belt, who
tne cae.. witnesses tor the
and for the 'defense told con-
g stories regarding details of
re, some or tnem being so badly
led as to eause a titter in the
pom. In some instances witness
I either side of the case mixed
fails of ithe answers to the jury.
funSj rope, pictures and trunks
ibmitted as exhibits to the jury
trict No. 2; Walter Craven, district
No. 2 j Frank McKmney, distriat JNo.
2; Alba Brown, district No. 2; Car
son Odom, district No. 2; Herschel
Fiddler, district No. 2; Effle McBee,
district No. 2; Victor Williams, dis
trict No. 2; Oscar Parker, district
JNo. 2; Lowell Simpson, district jno.
2; Frank Elmer White, district No.
23 Lavelle Hewitt, district No. 29;
Marie Denny, distriot No. 29: Virgil
Bewley, district No. 29; Dred Sey
mour, district No. 29; Merle Brown,
district No. 29; Kenneth Cook, dis
trict No. 31; J. Wilson Cook, district
No. 31; Jtiattie A. Uurbanlc, district
No. 59; Walter A. Barnes, district
No. 73.
Pantograph Acts Mean and Local
People Fail to Receive Mail.
The juice wouldn't come down the
pantograph. And because of the re
fractory actions of the "juice" Tues
day evening's mail did not arrive in
Dallas until one o'clock Wednesday
morning, more than five and, one-half
hours late. The heavy crust of ice
on the trolly wire of the electric line
between Portland and Wliiteson made
an electrical eonnection impossible
and at Oswego, near Portland, the
train stopped. Alter several hours
the crust of ice had sufficiently dis
appeared to allow the pantograph, a
modern name for the modern trolley,
to serve its purpose and the train pro
ceeded on to Whitcson. Special trains
were operated from Salem and Dallas
to connect with the northbound train
from Corvallis and take passengers
for Salem and Dallas to their destina
tions. Similar trouble made the
Wednesday morning train forty-five
minutes late.
City of Dalla Must Pay Its Proportion for Construction
of Proposed Inter-County Bridge, Says Judge Belt.
Five Thousand Dollar Indebtedness
Limitation Permitted By Char
ter Stares Council in Face.
Business' in Treasurer's Of
I Coes tO'sVery Low Point,
'to "i Ue lowest monthly turn
If hag 'been made by County
ir I'ivS J. Holman, during his
p. office was receipted for by
ity cj;rk on Tuesday' after
f ha' amount represented was
I and was in the form of can
:irrants, nafollows: General
1833.76'; general road fund
, $1457.52; road district war-
.,366.78 : common school fund
,'$421; special school fund
8, $09.33. In February of last
A'Ssurer Holman turned over
jl warrants in the sum of
land other than the February
I that of the past month was
ft since Mr. Holman took of-
'he December cancellations
(1. .to $10,153.18. In April,
I most extensive cancellations
1st 18 months were made; In
lh warrants representing the
IS of $89,168.17 were turned
be treasurer. During 1914 a
!68,137.42 in warrants were
Horner to Lecture Here.
Presbyterian church Sunday
rof. J. B. Horner, depart
Istory, Oregon Agricultural
V give an illustrated lecture
eet, " Egypt, a Land With
jes and Free Schools." This
bne of the professor 's best
i appeals to school people
jto church goers. Tomorrow
per will lecture at Falls
k for his theme, "The Ear-
oi uregon."
iston Sheep Suffer.
Omes from the Ballston
jd that owing to the in-
fceather during Jannary
rs lout 1 considerable num-
f- The sheep do not do so
td dry feed, especially.the
nsed in this section. Si
torn is a good feed for
' sheepi men do not have
ed in this locality as a
re not prepared for such
When additional warrants aggre
gating $600 have been issued, the city
ot Dallas will have reached the char
ter limitation of its warrant indebt
edness, which cannot lawfully exceed
$5,000, and-thene- is something of a
quandry as to what the municipality
will do until next May, when addi
tional funds will be forthcoming. The
$600 now on hand in the way of law
ful credit must necessarily soon be
exhausted, yet the city will continue
to have legitimate obligations to dis
charge, and the manner in which this
may be done is causing some study
among the members of the aldermanic
body and the mayor.
Once heretofore this provision jf
the charter has been exceeded, and
warrants issued to defray necessary
obligations, but the mayor is opposed
to that method of procedure and may
exert his influence with the council
to stick closely to the law governing
the matter of expenditures. He holds
that the councilmen become person
ally lesponsible tor warrants issued
in cxeess of the $5,000 limit, but were
the need urgent, as it evidently will
be during the ensuing three months,
it is not probable that any citizen
would object to the council using its
best judgment in the matter and if
necessary turther pledge the munici
pality's credit. There is a bare pos
sibility that to exceed its charter lim
itation as regards the issuing of war
rants might have some effect upon its
outstanding bonded indebtedness, but
the amoiunt necessary to tide the city
over would be comparatively small at
best, and no fear of complaint from
this quarter is anticipated.
It may be said in this connection
that under the present administration
there has been curtailment of expen
ditures wherever possible, the coun
cil appreciating the fact from the
outset that the garment must be cut
according to the cloth available. May
or Kirkpatrick in his inaugural mes
sage to the council made special men
tion of the financial condition which
was certain to obtain before tax mon
ey for another year would be forth
coming, and every effort was made
toward economy, but nevertheless the
tand is practically exhausted and the
administration must wriggle through
as best it can until such time as
money is obtainable.
Whether or not property located
within the corporate limits of the
city of Dallas, affecting West Salem
and Monmouth also, will be liable for
the 5-mill tax levy made by the coun
ty court for bridges and ferries, in
cluding the proposed inter-county and
and other bridge and road construc
tion and maintenance, was the ques
tion that occupied the attention of
the circuit court Wednesday, when
a demurrer filed on the part of the
county to the complaint of E. C. Kirk
patrick was argued before Judge Belt.
Mr. Kirkpatrick recently filed a com
plaint asking the issuance of an in
junction to restrain the collection of
tins tax. Osear Hayter represented
the county in the argument of the de
murrer, and Walter L. Tooze, Jr.,
represented Mr. Kirkpatrick and oth
er tax-payers interested.
Though Dallas has been operating
under what is deemed a valid amend
ment to its charter, being the road
district amendment, since 1910, Mr.
Hayter attacked the validity of this
measure. It was his contention that
the city of Dallas had no authority
to vote itself into a separate and en
tire road district, and that its as
suming to do so is of no effect. If
his contention is corrpct. tlifl snif in
stituted by Mr. Kirkpatrick must fail, i
as his whole contention is based up-
on the road district amendment. Mr.
Hayter stated that up until very re
cently, he had been of the opinion
that the road district amendment was
a valid exercise of the initiative were
vested in the citizens of the city of
Dallas, and called attention to the
fact that several years ago he had in
stituted an action against the county
court for the city of Falls City, hav
ing a similar amendment, based upon
this amendment. He said, however,
that by virtue of the case of West
Lynn vs. Tuffs, decided by the su
preme court of Oregon very recently,
wherein the supreme court placed cer
tain restrictions upon the rights of
cities to use the initiative and refer
endum powers, he had been forced to
the conclusion that the city had no
power to adopt the road district
amendment. Mr. Hayter 's argument
was a strong presentation of the is
sues involved. In addition to this
contention, the county also argued
that by virtue of the law passed by
the legislative assembly in 1915 re
lating to inter-county brudges, the
county court could assess the cost
upon all property within the county,
and that the tact that a certain city
constituted a separate road district
trom which'; the jurisdiction or the
county court had been excluded upon
road matters, would not save the city
trom payment ot its share of the ex
pense of the inter-county bridge.
Representing Mr. Kirkpatrick and
other tax-payers, Mr. Tooze argued
that the city now has the same power
formerly exercised by the legislative
assembly in so far as amending, re
pealing, modifying, or otherwise deal
ing with charters is concerned. He
pointed out that the legislature by
special act formerly treated separate
road districts out of certain munici
palities. He urged that what the
legislature formerly had the power
to do by special act with reference
to city charters, the people of the
cities themselves now had the power
to do. The creating of separate road
districts by the legislative assembly
by special act was never considered
as class legislation, but as legislation
purely local in its nature, and such
as the legislative assembly could pass
with reference to any particular city
desired. With reference to the 1915
law regarding inter-county bridges,
iwj. looze argued mat this law must
be read in connection with the char
ter of the city of Dallas, so far as
Dallas property is concerned.
Decides Against Dallas.
Judge Belt took the matter under
advisement, and yesterday sustained
the demurrer, holding that the 1915
session laws makes the budldinj of
inter-county bridges a legal obliga
tion against a county as a whole, and
that no particular section of a county
affected by such construction can be
exempt from an obligation thus in
curred. "If judgment were entered
against the county of Polk, the citv
of Dallas could not claim exemption,'
said Judge Belt, and to illustration
stated that if Multnomah county un
dertook the construction of a bridge
across the Willamette river, which
would cost many thousands of dol
lars, and the city of Portland could
by creating a separate road district
exclude itself from payment thereof
the entire cost of the structure would
necessarily fall upon one-tenth of
the people of that county. "Legisla
tion of the character involved is gen
eral legislation and not local or mu
nicipal legislation," contends the
judge, who continuing, says, "the su
preme court has held that where the
legislature had the power of granting
charters to cities, and amending the
same, the legislature could by special
act create separate road districts, but
by the constitutional amendment,
known as the Home Rule amendment,
the legislature is deprived of this
power and it has never held since
the adoption of the amendment that
acity through the power of the ini
tiative cotiild enact legislation con
trary to the general laws governing
road matters. " As a matter of jus
tice, aside from the law, Judge Belt
expresses the opinion that the city of
Dallas should bear its just propor
tion of the proposed inter-county
The Mayor's Contention.
Owing to the importance of the
case, and the necessity of getting a
final construction of the road district
amendment of Dallas, the case will,
in all probability, be appealed to the
supreme court. Mr. Kirkpatrick,
through his attorney, appeared before
the budget meeting in December and
stated that he felt that Dallas should
contribute toward the construction of
an inter-county bridge. He stated,
however, that the charter of Dallas
was to be considered, and the people
should know once and for all whether
the road district amendment was val
id, and if valid, and a bad law, the
(Continued on last page)
uaa become charged through a
grounded wire from a transformer
and was one of those electrical ac
cidents that occur once in a lifetime.
rjlectrioans repaired the damaged
wire within a few minutes after the
accident, but Mr. Woods ,is nursing
a wounded constitution, although the
hair that the electricity raised .has
almost settled down to its normal
sleek beauty.
Many Game Birds Are Dying.
Ross Nelson, who has a large farm
near Independence, is authority for
the statement that the sportsmen and
farmers of that section of Polk coun
ty have scattered to the bird fully
500 bushels of wheat since the cold
snap commenced the first of January.
Yet notwithstanding their efforts to
protect the pheasants and other birds
hundreds have perished. The pheas
ants cling close to the ground, and
ice forms upon their tails. Burdened
by the weight these handsome game
birds are said to soon die. Sports
men throughout the valley have had
the co-operation of farmers and oth
ers in pieserving the game birds,
thousands of bushels of grain having
been scattered during the cold spell.
Semi-Monthly Dinner, With a View
to Increasing Interest Among
Members, Is Arranged For.
Mad Cows Are Killed.
Three dairy cows which had been
infected with rabies were killed on a
farm near Falls City last week They
were attacked by a dog having the
dreaded disease some tour weeks ago,
and as the dog had been killed it was
hoped the cows might escape it. They
were Kept in close conhnement and
alter a tew days refused to eat, and
as time went on other symptoms de
veloped which resulted in the killing
ot the animals.
Date for Annual Sale of Purebreds
Has Been Changed From
Spring to Fall.
Appointment Made Late Yesterday
Afternoon, After a Three-Cor-nered
Mrs. Ferguson Entertains.
The Sweet Briar Embroidery elub
was entertained at the home of Mrs.
-T. C. Ferguson on the Wallace road.
The afternoon was passed with sewing
and visiting. Dainty refreshments
were served by the hostess, assisted
by Mrs. K. O. Moll and Mrs. H. M.
Webb. The guests of the elub were:
Mrs. Marv Fersusoh of Newport and
Mr. and Mrs. Win. Calder. Members
of the elub present were Mrs. M. C.
Pettys, Mrs. Bonn, Mrs. Hodson, Mrs.
James Imlah. Mrs. W. C. Franklin,
Mrs. E. O. Moll, Miss Helen Taylor.
Mrs. J. C. Ferguson, Mrs. H. M.
Wpbb. Marr Christine Ferguson and
Richard and Dwipht Webb.
T Pawed the Exam.
.' are the pupils eomrJetine
-raoe examination in Polk'
nary 13-14. igifl. Viola I F. E. Tiramblee of Buena Vista
1 2- Lrtand Erickson. transacted business in Dallas oa Tues
i. 2; Cara Hartman, dis-Uay.
After a three cornered argument
that lasted throughout most of yes
terday afternoon the county court,
in meeting at Falls City, nnanimous-
ly elected W. I. Reynolds to the po
sition of superintendent of Polk eoun
ty schools. Mr. Reynolds was super
intendent of schools in this county
a number of years ago and at present
is engaged as principal of the Hop
ville school, near Buena Vista. He
has had many years' experience as a
school teacher, he having spent the
mature years of his lifetime in that
profession. He was elected to the
superintendeney of Polk county
schools on the democratic ticket a
good many years ago, but within the
past few years has been enrolled as a
republican. He was succeeded in the of
fice of superintendent by Mr. Hart,
who proceeded C. L. Starr in the position.
The appointment of a superinten
dent to succeed H. C. Seymour, re
signed, has created more interest than
anything that has been before the
county court for months. A large
number of candidates appeared for
the otnee, bnt the commissioners and
Judge Teal each selected their .can
didate and remained steadfast nntil
a late boor yesterday afternoon. The
ieadloek was broken by a compromise
on Mr. Reynolds.
Grounded Wire Charges Earth and
Throws Animal Into a Quiver-.
ing Heap.
To be driving along the street
peacefully and suddenly have your
horse go rigid as stone and then drop
in its tracks is not exactly a pleasant
experience, but K. N.' Woods, who
drives the Dallas Laundry company's
wagon, is used to unpleasant experi
ences wben traveling Denina nis ia-
mous black steed. While ambling
along at the intersection of Jefferson
and Oak streets on Wednesday morn
ing the laundry wagon horse stopped
suddenly and began to paw the air
with a forefoot. When the foot de
scended again the horse started to
quiver and shake and in a moment
in a helpless neap on tbe ground
Mr. Woods jumped to the animal's
side to hold its head, thinking that
it had suffered a sndden attack of la
grippe or heart failure. With the
contact of the driver's hand on the
horse's head Mr. Woods also started
the quivering process and, leaving tbe
horse temporarily to its awful fate,
made tracks to more congenial terri
tory. Woods summoned a team and
soon had his horse hauled oat of dan
ger. ,
The animal spent a pleasant after
noon in the barn recovering from the
shorJc. For a shock it was 110 volu
of electrical energy, more energy than
the none has had in many years, had
ecaraed through its body and through
the body of ito driver. The earth
One hundred of the finest Jersey
cattle will be exhibited at the Polk
county fair this fall, and special hous
ing accommodations will be prepared
as a result of action taken at the
meeting of the Polk County American
Jersey Cattle club at Independence on
Tuesday afternoon. About thirty-five
members of the organization attended
the meeting, at which a committee
from the County Fair association was
present to discuss the participation of
Jersey breeders in the fair tins tall.
The committee, consisting of Presi
dent I. L. Patterson, A. L. Martin and
W. V. Fuller, promised the breeders
hearty co-operation from the fair
management and agreed to eee that
housing accommodation would be pro
vided tor at least luU head ot cat
tle. The committee will probably
rent a large tent to provide stalls for
the animals that the club members
will bring to Dallas. The Jersey
breeders' club appointed a committee,
comprising F. J. Lynn, W. O. Mor
row and C. P. Hembree, to meet with
the executive committee of the fair
association in Dallas next Monday.
At this time premiums for the Jersey
exhibits will be discussed and adopted,
and the class' of stock to be shown
will be determined. If the fair board
lives up to its part of the agreement
the Jersey' breeders have said they
would confine their competition to rib
bon premiums and that no cash out
lay for prizes would be necessary.
At the meeting on Tuesday the cluh
also decided to change tbe date of
its annual Jersey cattle sale from the
spring until the fall, and the date
was set for October 10. It is believ
ed that the change will mean greatly
improved business at the eales, as the
fall is a better time to buy. Buyers
will have more ready money and
therefore more buyers would attend
the sale. The last event of this kind
held at Independence was very suc
cessful, notwithstanding the fact that
it was held in the spring of the year.
One hundred head of register of merit
Jerseys have already been entered for
the sale this fall by some of the most
noted Oregon breeders of Jersey cat
The club is entering upon what
looks to be its most prosperous year
and with every member interested and
taking part in the work of the club
much good w expected to result from
the co-operative organization. Frank
Loughary of Monmouth is president
of tbe club and Ross Nelson of Inde
pendence M secretary.
Newberg Flays Hera Tonlrftt
The basketball lime light shines
upon the game tonight between the
teams or the Newberr high school
and the Dallas high school. Newberg
won irom Mallas at Newberg some
time aim by a one-point marrin. and
tbe Dallas boys are determined to
torn the score decisively when tbe
nunc gets going tonight Tbe local
boys nave had a lone period of fast
practice and are fitted for ene of the
best contents of tbe year. Tickets
are oa sale today at etafnn'a.
A member from the Manufacturers'
committee of the Dallas Commercial
cjub will make a tonir of Puget Sound
towns in the very near future for the
purpose of investigating the various
articles manufactured there with a
view to securing some additional
woodworking industries for this city.
The chief purpose, however, is to in
vestigate the tank business, which ap
pears to be a growing industry on the
Pacific coast, and which it is believed
may be profitably promoted in this
community by home capital. The
committee from the Commercial club,
comprising Messrs. Fuller, Coad and
Soehren, have investigated the propo
sition to some extent at long range,
and after making a report to the main
body on Wednesday night it was in
structed to send one of its members
to Grays Harbor and other places
along the Washington coast to confer
with, operators of factories there with
a view to increasing the tin pail bri
gade here. Mr. George Geihnger of
the Willamette Valley Lumber com
pany had been in conference with
the committee, and expressed the
opinion that such an institution might
be made a success at this point, the
demand for tanks from red fir being
quite equal to that for tanks from
California red wood. It is probable
that Mr. Coad will make the investi
gation for the committee, he being
the practical member, and moreover
the owner of a manufacturing plant
here from which it is proposed to ,
turn the articles upon the market.
This proposal, together with one
that resulted in the club voting to -1
hold semi-monthly dinners, featured . .'
the session of Wednesday night. Pres
ident Martin suggested that the or- '.
ganization plan to hold dinners in or
der to bring out the membership to -the
end that more interest might be .
manifested in the work of the club.
There was some opposition to the -idea,
but this did not develop to a
sufficient extent to defeat the meas
ure as presented by the president,
and he was authorized to make ther, -
necessary arrangements for a dinner ,
a fortnight hence. To assist in the
work Mr. Martin named the amuse
ment committee, composed of Messrs. . -.
Guy, Soehren and Fenton. It is pro- ,
posed to have the meal served either ' ' '.
at one of the hotels, by some one of - -
the church societies, or the Woman 'a ,
club, each member to liquidate his
own personal account therefor, and to
have present on these occasions speak
ers who are interested in promotion .
work in other towns. , .
The president and secretary were - .! '
selected to go to Albany tomorrow to , ,
attend a meeting of the commercial ' ' '
organizations of the Willamette val- ' ,
ley, the object of which gathering is ' , -
to form a permanent association lor '
general promotion work among the
eight counties. 1
Will Succeed tbe Late Eli T. Henkle
as Justice of Peace.
At its meeting at Falls City yes
terday the county court appointed E.
Paddock of Independence to the
position of justice to succeed the late
Eli T. Henkle. Mr. Paddock has been
active in the political and civic life
of Independence for a number of
years and his appointment comes as
an unsolicited honor.
J. E. Steen of Salem was a bu ni
ne visitor in Dallas oa Wednesday.
Would Take Contract For Ferry.
County Commissioners Wells and
Beckett are in Salem today conferring
with the Marion county court in the
matter of letting a contract for the
operation of the Independence ferry
across the Willamette river. Some
years ago the ferry was operated by
contract but the plan was changed
and since has been in charge of a
man hired and paid by the county.
This has been a losing plan and it is
to correct tbe loss that the change is
Keeping Up With Lizzie, -Mr.
Irving Bachelor, lecturer, na
ture lover and humorist will deliver
an address Saturday evening in tbe
Normal chapel, entitled "Keeping op
with Lizzie," which is taken from his
book 'by the same name. As tbe book
has been widely read by Monmouth
people, they are looking forward to
tbe evening or the lecture. '
Resigns Her Position. I
Mrs. Margaret Shinners Dalton, a -'
teacher in tbe Independence schools,!
has resigned ber position, to become
effective today. Her sueeeMor hr
not been elected. Mrs. Dalton b .
taught in this school for nearly 1
years, prior to which time she iao
at Red Prairie and at Dallas. '
Quit Loach Room Bis.
William Finley has retired
business at the Kozy Korner
room and is preparinr to DO'
Portland with his family, which
Falls City.
I v.