Independence enterprise. (Independence, Or.) 1908-1969, August 04, 1922, Image 1

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40th YEAR No. 50
kintiff Appeal Judge
Kelly Decuion at to
Location Iue
,. j- Martin K. Ilp' d ! E.
......i.. rKiirvMintinir the plaintiffs,
La ipprlwl that jwrtlon of Judge
ercy B Kelly roccm "
If the l'acifie highway from Mon
Lath outh. In the decision Judge
felly ty:
J The decision of the Multnomah
Lonty circuit court holding that the
Latton of the Pacific highway, n
Ldfl by the CfwmlHdion, omitting
Lm the route the towns of Dalian
nd Independence, U a legal and
iilld eiiuiblitthment of uch highway,
fwu nut modified, reversed or vacated,
ind b " t the validity of a de
ciiion of the supreme court." ,
One of the contention of the plain
nffi In thin suit in that the ruling
,, Judge McCourt in the Multno'mah
county court, given from the bench,
do! pot conform to the opinion
j which prepared by the state
ijhwy commission's attorney, Jay
fliowerman, and became the record in
Itbe cms.
Th tult was filed Friday, and
iut that the highway through Polk
....... .i.. .1,. 1..
OTBJHy was inniuwmjr wim ir i-
It la expected that thia cane will
ma out the Polk county muddle. It
will probably be aeveral months be
fore decision can be secured.
Salem I-ad'B Little Pauline, a
Jovtlike little Jersey cow owned by
I J. McKec of Independence has just
ic awarded a signal honor, shown
by the following telegram received
G. G. Hewitt Congratulation.
Ud't Little Pauline, champion regis
ter of merit cow for the year 1921.
Must have by return mall special
delivery, good photograph for front
pare of 1921 Register of Merit Vol-
mt. Notify McKee and wire reply.
"American Jersey Cattle Club."
Lad's Little Pauline had a record
of 15,936 pounds ef milk and 941.69
pounds of butter fat, as a junior
4-year-old. She has just now pro
duced the living calf, carried for at
bit 160 days of her lactation perloe,
&at give her the distinguished honor
just now awarded.
The cow was bred by G. G. Hewitt
of Independence, and sold two years
P to J. S. McKee, a neighbor for
$1010 st a public auction. Mr. McKee
ld one of her bull calve to Chester
I Mulkey, the famous breeder or
JicMiruiville, for $1000 last winter.
Tne cow has produced one heifcf
St. Mawea Lad's Lucy, that as
yesr-old cow produced 708.CT
Pounds of butterfat. Statesman.
M. W. Walker, accompanied by G.
mikl' f Florence, Col., returned
yesterday from a few day,' fihing
trip with ValscU as headquarters.
They fished both the Lucklamute and
Biletz, but neither is enthusiastic
over results.
Mr. Wilkes, who Is an attorney in
Colorado, accompanied by Mrs.
Wilkes, Is spending a vacation in U,
dependence, Albany and other point
In the vslley. Mrs. Wilkes is a
daughter of Mr. and Mrs. J. h.
Thompson of Albany and Is a niece
of Mr. Walker.
In recognition of the birthday of
Mrs. Wilkes, a dinner party was given
fct Hotel Beaver one night lant week.
The gucnts were; Mr. and Mrs. J. B.
Thompson, Mr. and Mrs. J. Ji,
Wilkes, Dr. and Mrs. Rupert of
Horence, Col.; W. II. Walker or
Albany, Sam E. Irvine and M. W.
Walker of Independence.
Mrs. Amos Holman of Dallas died
In a hospital at Hood River Wcdnes
day morning as a result of injuries
received by a car in which she and her
husband were riding going over an
embankment near White Salmon,
Wash., a few days previous. The
eutomobile rolled over three times,
striking a stump and landing right
side up. Both of Mrs. Holman'a leg
were broken and her skull crushed.
Mr. Holman's face and head were cut
and he received injuries to his back.
They were taken to the Hood River
hospital. The body has been taken to
Dallas for interment.
Mrs. Holman was a former resident
of Burns Vista, and was well-known
throughout the county. She wn
about 70 years old
member parliament
A "Gold Dust" display made in the
window of the J. G. Mcintosh groc
ery about two months ago by J. G
Henderson has been awarded a prize
in a national contest which was con
ducted by the Gold Dust manufactur
ers and open to the dealers of the
United States and Canada.
Mr. Henderson received the only
Oregon recognition and naturally is
feeling elated over the accomplishment.
Son. J. J. Thurston of Fenelon
K'ls, Ontario, is here on a visit to
PRrc"tfl, Mr. and Mrs. J. II. Thurs
ton. ho reside just south of Inde
pendence. Mr. Thurston is a member
the Canadian nnrlUmnnt anil In
former resident of Polk county.,
" a larmer, and it is needless to
"y. successful one irr the Ontario
Mntry and received a very hana-
,me endorsement at the time of h!s
MV. Thnrat- l-J .
13 uci-ompaniea ujr
' family and will remain here dur
,n the month of August
jr yuyvm mo UCiiig
Tnd by Jude Martin k pp9
L E" Etcher to enJin tho
""J court from selling $40,000 of
7 bonl8 of an issue voted several
tkl u 8E0, !t wil1 bo contended that
1,8 bonds ar ni
De to fin 4L . .
,i , "r in me nonce ox
Wk propo8od 8ale o these bonds
ccn Postponed until Aupust 2?th.
The Tn.l 1. .. . . .
kad ";penaonce National bank
AudiUm a 8avins department.
n ncmon waa made some little
furre"0 the cornPtroIler of the
omnr j' the necessary . regulations
vagP'lcd wth and the department
wrmally launched August 1st. .
"Big Friti" Thame, a timber
faller, drew a $50 fine in police court,
Wednesday, on a drunk and disorder
ly charge. Ho was gathered in by
Chief of Police Parker Tuesday
night, lodged In the city jail, and the
following morning was taken before
R. W. Baker, deputy city recorder.
"Fritx" had been working at Val-
eetz. He stopped here while enroute
to the Silver Falls lumber camp an
became tangled with moonshine. As
a timber faller. Fritz is said to be
a whirlwind , but he expressed the
opinion that shines are high here.
t t PiiflRAll has purchased ot
jtws v. - - -
t Ait fitnrk the C street meat market,
rust 1st. As
lanyiK pouw. ---o
soon as he . winds up his business in
terests here Mr. Stock intends to go
to Seattle to locate. Mr. Russell
was formerly in the employ of the
City market, and for the past few
weeks has been selling meat in the
rural sections, operating a truck. He
has a ranch south of town, and is
planning to build a slaughter house
Auditing about the usual batch of
monthly claims was the principal bua
i ho fnnaidered by the city
council at the regular meeting Wed
nesday night.
Valley lodge, Independent Order of
Odd Fellows, has elected and insta led
as officers for the ensuing six months
N. G. F. P. Bush.
V G. Adam Baskin.
Secretary-W. E. Craven.
TreasurerC. W. Irvine.
Market Road unds Cannot
Be Ued To Build State
"The Pucif ic highway was estab
lished by law. The market road fund
is established for a specific purpose,
and the money cannot be used for
any other purpose than provided by
the statute. We think the law in
question is a plain expression of the
will of the law makers of the state
and there is little necessity for con
struing the act"
Such is the decision of the supreme
court in affirming a decree of Judge
G. F. Skipworth of the Lane county
circuit court, in which he held that
there is no provision of law where
by market road money may be ex
pended in the construction and im
provement of state highways.
The case originated when the Lane
county court, some time ago, made
provision to expend $23,000 of mar
ket road funds in the construction of
a bridge on the Pacific highway near
Cottage Grove. S. M. Calkins objec
ted to the proposed expenditure and
filed injunction proceedings against
the Lane county court and the state
highway commission.
"The state highway commission
has no authority over the construc
tion of market roads," said Justice
Bean's opinion, "except that the com
mission is required to furnish plans
and specifications therefor upon the
request of the county. It does not
change the matter that the county
court of Lane county has by resolu
tion designated a portion of the Pa
cific highway as a market road. This
dofg not suthorizc the county to con
struct the same out of the market
road fund." -
The Skipworth decision is in line
with the one which was recently
handed down by Judge Kelly in the
Marion county court relative to the
unlawful use of market road money
on the highway south from Mon
mouth, and affects Polk county to a
greater extent than Lane county.
In the Polk case, the county court,
after attempting to designate the
stretch of highway between Mon
mouth and Benton county line a mar
ket road, contracted to turn over to
the state highway commission $43,000
from the market road fund for grad
ing and building bridges.
The greater part of this has been
turned over to the state, and the
grading of the highway to the
Steele place beyond the Luckiamute
has been completed.
According to Judge Kelly's de
cision, which in reality is confirmed
by the supreme court's decison in
the Skipworth case, it will be neces
sary to have this money returned to
the Polk county treasury.
Planing Mill Rebuilt and in
Operation in Three
Weeks' Time
The Foster Lumber company plan
ing mill at Kings Valley started op
erations, Tuesday, with a crew of
65 men. Destroyed by fire a few
hours after operations had been
started, record time was made in re
building the mill. Work was started
on the new plant July 6th. It is
equipped with three fast feed Ameri
can machines, resaw and edger, and
has a capacity of 150,000 feet per
It is located on the site of the old
plant The only part of the old
equipment which was not destroyed
were the three boilers. One is being
used for the new planing mill. The
company has 10,000,000 feet of lum
ber in the yard, and shipments to the
east will be started at once.
No action has yet been taken in
regard to the replacement of the
sawmill. It is probable that it will
be rebuilt as the company has a large
amount of standing timber, and it is
likewise probable that it will be lo
cated either at the old site or still
farther in the timber.
W. H. Biggers, who is in charge of
operations at the mill, was in Inde
pendence, Monday.
Verd Hill, accompanied by Wendell
DemMnger, Misses Vera Johnson ana
Martha Hill, arrived home Sfionday
from a two weeks' auto trip through
the southern part of Oregon and
northern California. They vlsltea
the Oregon caves in Josephine county,
drove through the rugged and scenic
country of Coos and Curry counties
into the Del Norte redwood district
of California; spent two days delv
ing into the mysteries of Crater Lake;
drove to Klamath Falls, winding
along the west side of Upper Klamath
Lake; from there to Bend and then
home over the mountains by the way
of the IJcKenzie pass.
"It was all new scenery to mc,
and much of it wonderful," says Mr.
Hill. "I had read much concerning
Crater Lake and had seen many
paintings of it, with the result that
I expected that the pictures had been
overdrawn. They had not been. The
deep blue of the water, the rugged
ness of the shores and the other
evidences of nature's forces, create
a lasting impression upon your mind,
and you want to linger. We stayed
there two days, and feel that it is
Oregon's greatest attraction."
Frank Fawk. well-known Rickreall
farmer, is very well satisfied with his
crops this year. He has just finished
threshing. He had one field of wheat
which yielded 40 bushels per acre,
and another field which returned 30
bushels. It was all fall grain, Mr.
Fawk being fortunate enough not to
have any spring grain.
Mr. Fawk was in Independence
Wednesday attending to business
Hops are being picked in some of
the yards located between Silverton
and Mt. Angel. While on a car trip
through that section, Tuesday, C. W.
ITenkle, Ross Nelson and Virgil De
Coster were amazed to find that hop
1 picking is well under way in some of
the yards. No examination was made
ef the hops to determine whether they
are ripe enough for picking.
It is nearly three weeks ahead of
the customary time for picking
early hops and more than a month
rhead of the cluster harvest.
Monmouth Plans were laid during
the closing days of the six weeks
summer session at the normal for the
organization of a greater normai
committee for the purpose of conduct
ing a state-wide campaign in behall
of the school. At a Cudent body
meeting the motto "A greater ana
better Oregon normal school" wa&
chosen and the following objectives,
as suggested by President J. .
landers, were adopted for the cam
paign: Increase of the Ackernian
memorial student jou fund, a train
ing school building jp. Independence,
dormitories for both men and women,
an administration buiM'ng, greater
faculty and increased faculties, and
a program looking forward to a four
year teachers' colieg.
The executive commit tc-e, whiih
will confer with th ndministnt!on
and outline and organize a state-wide
campaign consists ?. the following
members: Chairman, B. .A. John
son of Corvallw; secvetary, fc'ufJe
Bonner of Eugene; W. A. Davenport
of Salem, F. M. Roth of Springfield
and Beulah McCord Bovingdon of
Oakland. Committees have been ap
pointed for every section of the state
and further work of organization will
be effected at the county institutes
next fall.
Committee Is Named to Ar
range for Exhibit
This Year
Independence is to make an exhibit
at the Polk county fair at Dallas this
fall. It is to be a community effort,
and is being fathered by the Retail
Merchants' association under the di
rection of a committee headed by
William Cockle. The other members
are A. C. Moore and C. A. Elliott.
It is to be an agricultural and hor
ticultural display. Last year, "Uncle
Eilly" Wright made a very fine show
ing at the fair, using only his ow
products. The desire is to have Mr,
Wright co-operate in the project, as
well as other farmers in the vicinity
of Independence.
A caravan, under the direction of
the Ford Motor company will be ir
Independence on Tuesday, August 22,
and give demonstrations of what can
be accomplished with Ford machines.
The caravan is on a trekk through"
western Oregon and is furnishing at
tractive, interesting: entertainment.
There are to be radio concerts, lec
tures, movies and other features.
C. A. Elliott, manager of the Stew
art Motor company and representa
tive of the Ford interests in Polk'
county, is making arrangements for
the caravan's visit here. -
The ground in the rear of the Isis
theatre has been cleared and it is
probable that the tents will be pitched
It has been termed an industrial,
power and farming exposition.
Dr. George C. Knott has brought
suit in Justice Baker's court against
Ed. Stewart, employed at the George
.Werline hop yard, for a medical claim
of $50 and an assigned claim of $29.06
from the Mcintosh grocery. A cat
'belonging to Mr. Sltswart has been
attacked. " .
Dr. F. G. Hewett has brought Buit
against H. M. Witherew for $14 and
costs for medical services.
A Treacherous Undertow
4e B
i iii ' i iTin' t "'T
er i
Hi ST i
it j
William La Blanch of Valsetz was
burned to death in an automobile ac
cident which occurred near Eddyville
on the road to Toledo early Thurs
day morning. He was in the com
pany of John Shafer of Independ
ence and Marvin Elkins of Valsetz.
Only meager reports of the accident
are available. The trio left here in
Mr. Shafer's car about midnight
Wdnesdav nieht. When some 17
j miles this side of Toledo, the machine,
'which was being driven by Shafer,
'plunged down an embankment It
caught fire and was totally destroyed.
Elkins was cut about the head and
otherwise injured and could give no
coherent story concerning the acci
dent. Shafer was missing. A deputy
sheriff from Toledo started for the
scene of the accident yesterday fore
noon. It is feared by the family of Mr.
Shafer here that he was badly injur
ed in the accident It is thought ttiat
ho may have been thrown clear of the
machine when it went over the em
bankment A message was received
last evening summoning the mother
of Mr. Shafer to Toledo.
La Blanch W33 about 30 years old
and had been in the employ of Mr.
Powell of the Cobbs & Mitchell com
pany for several years. He came to
Independence from Valsetz Wednes
day morning in the company of Elk
insand the two went with Shafer on
a trip to the coast. Announcement
of the accident brought tears to the
eyes of Mr. Powell who spoke very
highly of. La Blanch.
For the first time, the Institute
this year was held at Falls City,
For several years past it has beea
held in the park at Jefferson, Ore
gon, But, unable to acquire the
grounds by lease or purchase, the
management after visiting many
places decided that the grounds a
Falls City were best adapted for
the work of the Institute and obtained
a leaae on the property for 99 years,
bo that for a few years at least the
Epworth. League will have a place
for the meeting of the Institute.
The people of Falls City have been
generous in their gifts of money and
lumber, so that too much cannot be
said in, praise of the way in whicli
the populace have taken hold of it
On July 3 and 4 many Epworth
Leaguers from Portland and Salem
McMinnville and other places met on
the grounds when with saw and ax
and other carpenter tools they con
structed a tabernacle where the main
meetings are held, and a dining hall
etc, which adds comfort to those who
camp there during the glorious weelc
of young people's work and frolic
This institute is made up of young
people of the. Epworth Leagues ot
northern Oregon, other institutes
being held in central and southern
Oregon. Nearly 400 delegates were
in attendance and a happier bunch of
young people you never saw. The
faculty is composed of men who have
had wide experience in working with
young people- A visit to some of the
classes was an inspiration. Notably
the classes in Bible study, foreign
missions, christian citizenship, home
missions and stewardship. Other
classes were also held. The Bible
class held by Dr. McCulloch of Port- t
land had an average attendance of
168 for the week. The class in F. M.
led by Rev. H. M. Pemberton of
Salem was nearly as large. The
theme was India, its people, religion
and literature. Space will not per
mit me to say much of the other
classes, all largely attended and all
seemingly enthusiastic The after
noons were mostly spent in quiet
study, and in recreation. Such games
as baseball, volly ball, tennis, being
played. The evening meetings were
inspirational. Dr. Doney, of Willam
ette University was the speaker the
first night of the week; Dr. Gilbert,
D. S. of the Salem district, preached
on Tuesday, Wednesday, and Friday
evenings to large audiences; Thurs
day evening a lecture on China was
delivered by Rev. F. P. Jones, a re
turned missionary. It was a treat.
On Saturday evening, under the lead
ership of Dr. Powell, a pageant was
put on, followed by a camp fire for
all who wished to attend. The Sun
day services were full of interest,
many young people obeyed the call
of God to a life of service for lum
and the world.
Those attending from here were
Rev. F. S. Clemo and daughter
Mrs. J. W. Kelly, Mr. and Mrs.
CD. Smiley, Mrs. Carrie Smiley
and daughter were Sunday visitors
at the Institue and came back with i
good report of what they had seet
end heard. I am sui-e if the young
people of our chui;h s her a in -dependence
would attend such gauieiv
ings they would catch a vision of
life and service that would be help
ful to them in days to come. F. S. G
Miss Wilma Shafer entertained a
number of young friends last Satur
day evening, at her home, 6th and
F streets. It was a lawn party and
a delightful evening was spent.