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The Recorder covers the
Bandon field thoroughly
BANDON RECORDER
BANDON, OREGON, TUESDAY JUNE 9, 1914
VOLUME XXX
NUMBER 47
hustt
URN
0VERM0NO
Judge Coke of Circuit Court
Hands Down Decision in
Case of Port of Bandon vs
County Treasurer.
FINDS FOR PORT IN
EVERY PARTICULAR
Orders Money Collected On
Three Mill Tax Levy
Turned Over to the Port
at Once.
In the case of tho Port of Bandon
plaintiff, vs. T. M. Dimmick, county
treasurer, defendant, the uircuii
court rendered a decision sustaining
the contentions of the Port, and re
quiring the county treasurer to pay
over the special tax Immediately, im
judgement was rendered late Satur
day night and Is as follows:
"The above entitled matter cominf
on regularly to bo heard on the Do'
murrer filed by plaintiff to (ho de
fendant's nnawor or return to tho ul
tentative writ of mandamus, herein'
before Issued and served upon said
defendant, plaintiff appearing Dy u.
T. Treadgold its attorney, defendant
appearing by L. A. Liljeqvist, district
attorney, and the court boing fully
informed in the premises, .
It is hereby considered, ordered ,and
adjudged that said demurrer be, and
the same Ts hereby sustained for the
reasons as stated in the dnmurrer
that it appears upon tho face of said
answer that said t anawor contains
new matter, that said new matter
does not constitute a defnso or coun
terclaim; that the said answer or re
turn does not show any cause why i
peremptory mandamus shouM not is
sue, and does not constitute r, defense
or counterclaim to the allegations of
tho petition, or of the alternative
writ of mandamus, the iletendani
electing not to plead further.
"And it appearing to the court that
the plaintiff at all times mentioned
in thiq petition has been and now ii
a municipal corporation, created, or
ganized, existing and exercising mu
nicipal rights, privileges and fran
chises within Coos county. Oregon
under and by virtue of tho laws of
the state of Oregon.
"That the defendant T. M. Dimi
mlck, is tlrts duly elected, qualified and
acting treuaurer of said Coos county
Oregon.
"Thntiin December, 1913, the plain
tiff corporation levied tax of three
mills, In accordance with the provis
ions of the laws of the state of Ore
gon in such cases made and provided
upon all of the taxable real and per
sonal property within the boundaries,
of said Port of Bandon, in said coun
ty and Rtate; that said tax was duly
and legally extended upon the tax
rolls of the said county, and a large
nnrtinn thereof has been dulv and le
gally collected by tho said defendant
treasurer, who is nlco ex-omclo tax
collector for said Coos county, Ore
gon; that said defendant now has
such monies in his custody, control
and possession, and that altho de
mand has been made upon him by
the plaintiff for the payment of said
fund to the plaintiff, the defendant
has refused and still refuses to pay
over tho same or any part thereof.
"That the plaintiff is entitled to tho
immediate payment to it of said tax
monies, and payment to the plaintiff
of said tax monies so held by the de
fendant as aforesaid is the perform
ance of an act which the laws of the
Statu of Oregon specifically enjoin
upon the defendant as a duty Inci
dent to, und resulting from his of.
(Ice as treasurer of said Coos coun
ty. "That the plaintiff lias no plain,
spWMly und udtxjuuttf rvinwly in (lie
ordinal y ftnirse ef thu law that mid
howl MwHg l wd Ihu re
viiy ut lb ptolMW mhI urn w4wi
and wfiry Ur th vmiuH t h
for carrying Into effect and opera
tion the purposes for which said port
was incorporated.
"That the said Port of Bandon has
caused its treasurer to execute
bond as required by law, and that the
said defendant in refusing to pay ov
er to plaintiff its said tax monies
does thereby refuse to perform ap
act which the law specifically enjoins
as a duty upon the defendant, Inci
dent to and resulting from his office
as treasurer and tax collector of said
Coos county; that demand for the pay
ment of said fund has been made be
fore the commencement of this action,
and the payment refused, and that the
plaintiff has no plain, speedy and ad'
equate remedy in the ordinary course
of law.
"Therefore it is hereby considered,
ordered nnd adjudged that a per
emptory writ of mandamus issue
forthwith out of this court under the
seal thereof, in the name of the state
of Oregon, directed to the defendant
above named, commanding him at
once to pay over to the plaintiff any
and all tax monies of the plaintiff;
which he the defendant as treasurer
and tax collector of said county may
have in his custody, control or pos
session, under the pains and penal
ties of law in such cases made and
provided, aniTfurther that the plain
tiff do have and recover' from and off
of the defendant its costs and dis
bursements hereinafter to be taxed."
NOTES FROM ALONG
THE BANDON WATERFRONT
The Elizabeth arrived last night
with 210 tons of freight and the fol
lowing passengers: Mrs. J. Olsen,
Ida Olsen, 'Mary Olsen, Mrs. M. J.
Laughlin, T. S. VanVleet, wife and
two children,, H. Hogan, W. J. Hendy,
E. Walker, E. D. Dunham and wife,
Miss H. Dunham, Willie Olsen, Will
Barrow, James Hill, A. E. Tower.
The Elizabeth will sail again at mid
night Wednesday.
.Tji Speedwell '.arrived yesterday
with a small cargo of. freight and the
following passengers:' B. i)fJ Has;.
ford,,Mr8.) M,"Adderson and child,
Geo. yW. Moore and wife, Geo. W.
Moore, Jr., John Moore, Miss Moore,
Mrs. Martha Sullivan, Mrs. E. H.
Depive and child, Robert Banks,, C;.
J. Green, .Perry Ward, Mrs. A. Jar
nett and child, Miss Supplee, F, San
born, Geo. Hardy, U. S. Grant, C.
Minnett, J. W. Sutter, S. J. Lund, Mil
ton Hague, G. A, Gilman, Carl Nord,
0. Carlson, C. A. Binder, Dan Mc
Donald. t The Speedwell will take on part of
a load of tics here and will go to
Coos Bay from which point she will
sail for the south Thursday at 1:00
p. m.
MEASLE EPIDEMIC AT
LAKESIDE AND TENMILE.
Practically every family in the
Lakeside and the Tenmile district are
afflicted with measles and many
there have been exposed to smallpox
Postmaster McGee and family are
among the afflicted as are also John
Vamburger and family, prominent
residents of that section.
CELEBRATE!
YES? NO?
MEETING WAS HELD AT THE
COMMERCIAL CLUB HALL YES
TERDAY BUT NO DEFINITE
STEPS TAKEN.
A meeting was held last night at
the Commercial Club rooms to decide
whether or not Bandon would cele
brate, but only about a dozen were
present and nothing was done, If we
are going to celebrate there should
be something doing at once as It Is
les than a month to July 4th,
All those who attended the social
dunce given at the Wigwam last Sat
uruuy, June titrt, pronounced it at
very enjoyable affair, I'atren of
the Wigwam are always assured of
a gtMKl lime, nothing fining left dm.
dene by Mr. I, win that will
Ihn MwtMJre of h uuU, AHHW'f
4m new will h glvwi at Ih Wigwam
' ARE YOU RECJSTERED?
Next Friday, June 12th, is theast day for reg
istration before the coming city flection.
There seems to be some erroneous ideas in re
gard to the registration. Some seemto think that
their registration for countyjand state election will
suffice for the city election also, but 'this is.a mistake.
In order to vote at the city election you must regis
ter at the city hall, before Cjity Recorder Kausrud,
as he is the only man authorized to register voters
for the city election.
If you have not registered, remember you have
only three more days in which to attend to it.
Every man and woman iii Bandon should regis-
ter so they may4have a voice -in the choosing of city
officials on the 17th.
NEXT SUNDAY
IS FLAG DAY
CHURCHES OF BANDON WILL
UNITE AT THE M.
TO HONOR OUR
EMBLEM.
Ev CHURCH
NATIONAL
Next Sunday will be "Flag Day"
and in honor of the, occasion the
churches of Bandon will hold union
services at the M. E. Church at 11:00
,8,.m. under the auspices of Bandon
PosttG, A. R. and Bandon Lodge
W. .R. C. The program will include
patriotic songs, recitations, and an
oration on the flag.
Every man woman and child who
loves the flag should attend these ser
vices and learn of the uses and abuses
of the flag.
The stars and stripes were adopted
as the official flag of the United
Colonies in 1777 consequently it has
been our official emblem for 137 years
next Sunday.
RAINY DAYS MAKE BUS
INESS FOR THE LIBRARY
Saturday was a rainy day and dem
onstrated the popularity of 'the pub
lic library in such weather. Thirty
seven, books were taken out on that
day and seven new borrower's cards
given out. Besides a great number
took advantage of the free reading
tables, loaded down with popular
magazines and daily and weekly news
papers.
The Christian Science Sunday
school has made the library a pres
ent of a volume entitled "First Church
of Christ Scientist," and other church
literature. Other friends have given
"VVs Eyes" and "Prairie Night."
ELKS COMING SUNDAY
JUNE TWENTY-EIGHTH
As was announced In Friday's Re
corder the Coos County Elks will
come to Bandon enmasso Sunday,
June 28th, and as is always the case
on Elks Day. there will be some
thing doing eyery minute.
The Bandon Elks will hold a meet
ing in a few days and lay plans for
the big event. There will bo a base
ball game and other amusements.
besides the usual humorous stunts
that are pulled off when Elks gather
together..
4th of July Meeting
O 0 O O 1) O I) 0 0 0 0 00 ooooooooooo
0 0
o A MEETING WILL HE JU'.LD WKDNKHDAY KVKNING, 0
i, J 1 1 VI' WITH. AT Till niUUI'UI'ltl. M IIU UllftlU TO Alt. a
o HANois fob cmmAmn thk miuTH, mmntm mkh
o iwkciai.lv hmwxtvm TO attend,
II ' OMOKX 01' L'OMMJTTKK.
v ti
UOtfOODOUVU 0ttp ttOV00OOO0
BASEBALL
GAME SUNDAY
GAME POSTPONED LAST SUN
DAY ON ACCOUNT OF ,R,
IN
WILL BE PLAYED HERE N
r
SUNDAY.
I
Owing to the heavy Tain of last
Saturday and Saturday night it was
necessary to postpone the ball game
betwi,?n Bandon andCoos BayJUtt
Sunday, but it the weatner permus
the game will be played next Sunday,
The Bandon team is working hard to
get into shape to carry off the hon
ors. The Coos Bay team is said to
be a strong one and a good game is
looked for.
NEW REGULATIONS ISSUED
FROM U. 8. LAND OFFICE.
The following self explanatory let
ter has just been received from the
United States Land Office at Rose-
burg:
Bandon Recorder As a matter of
information, we shall be pleased if
you will publish the fact that the Gen
eral Land Office has issued new reg
ulations and instructions governing
the opening of Siskiyou "Forest lands
in Coos and Curry counties (Town
ships HO and 31, Range 13, and Town
ship 31, Range 14), and these amend
in some particulars the circular re
cently issued from the Roseburg
Land Office. An important change
Is made by providing that filings
will be received on and after July 7,
1914. A circular giving full instruc
tions will be mailed to all applicants.
Yours very truly, J. M. Upton, Reg
ster. DECISION IN PORT OF BAN
DON CASE EXPECTED MONDAY
-
Port Attorney G. T. Treadgold In
forms us that Judge Coke expect to
decide the case of the State of Oregon
vs. Port of Bandon next Monday, at
the opening of the equity term.
The present term of the Circuit
I court is the longest one in the history
of Coos county, about twenty-nve
cases having been tried, and the
court now being adjourned until next
Monday to try equity caseC, with the
jury adjourned until June 22d, when
criminal cases will be taken up
again.
"THE LION AND THE MOUSE"
AT THE GRAND SUNDAY
This photo play masterpiece com
plete in six reels will be offered at
the Grand Theatre next Sunday, June
14th. "The Lion and the Mouse" has
had a wonderful run in the largest
picture houses thruout the country
and again proves that high class pro
ductions of this kind meet with in
stant favor with the picture loving
public '
Following' is the' synopsis of this
great picture story: "John Burkett
Ryder is a master of finance with a
boundless desire for wealth. No
mean avarice, but a love of power
to be gained through riches; a dom
ineering will and unscrupulous soul
Previous to the opening of the story
Ryder had compassed the financial
ruin and profeslonal disgrace of
Judge Ressmore, of the Supreme
Court, to avenge himself for certain
adverse decisions which the Judge
has rendered against the corporation.
Shirley Rossmore, the Judge's daugh
ter and young Jefferson Ryder re
turning from Europe on the same
boat, have met and register a pretty
story interest in each other, being at
the time entirely ignorant of the
friction noV existing between their
respected fathers. Shirley has writ
ten a novel and from Jefferson's des
cription. of his father has made the
star character of the story a fair pro
totype ojtfye master of finance. Ry
der without consulting his son's
wishes has already .announced an en
gagement between Jefferson and the
daughter of Senator Roberts. . Shir
ley Sossmore'a book which is writte:
underlie pseudonym of Ssrah Greer
gets into -Ryder's Jjome and maker
such an .treaton. that the great fi
nancier employs a detective to find
the author. Sarah Green is fouM;
and Ryder employes her to compile
his biography not dreaming that, she
is the daughter of the Judge he has
ruined. Now comes the battle be
tween the Lion and the Mouse. The
lleuee .wins the vLien'siamkaUefl bj
the outspoken audacity of her ppln
ion ef hia life and moral code. Kate
Roberts, whom Ryder had selected to
be his son's fiancee elopes with hi.
aristocratic private secretary. Rydei
to pacify his son and to offset his at
tachment for Shirley Rossmore sug
gesta that kf shall marry Sarah Gree:
"who has proved herself zar more
brilliant than the Judge's girl." It it
then Shirley' turn, she declares hei
Identity and admits that she has se
cured certain letters from Ryder':;
desk that will prove her father's in
nocence. Ryder orders her from the
house,' then he sits up all night, con
sumes innumerable black cigars and
finally conquerhls own, vanity. Next
day Jefferson Ryder proposes but
Shirley' declares that she will never
marry a man that has such' a father'.
With bitter words Jeffron de
nounces his father, he tells him that
the girl ho loves objects to the fam
ily. But John Burkett Ryder eats n
big slice of humble pie, he announces
that he will prevent the impeachment
of Judge Rossmore, and implores
Shirley to acept his son. The Mouse
had conquered the Lion."
COQUILLEJO
BE If
ACTION PROMPTED BY PETI
TION SIGNED BY FIVE HUN
DRED CITIZENS ASKING THAT
NO LICENSES BE ISSUED.
It la reported that the Coqullle city
councjl at their regular meeting last
night refused by a vote of five to one
to grant any saloon licenses for the
next six months. The action it Is
said came from the fact that a pe
tition signed by over COO voters was
presented to the couacll asking that
sueh action be taken.
The Mleont have until July 1st to
do business undsr their old licenses
but After that time tMrt will be notk
Ing stain In the liquor business at
the eourtty seat.
Karl (Mmm and Key Hvi Chm.
WLsaiiiiM MjLiMattieUri
J IV1! WW w wwwwt
MANY ATTEND
CITY CAUCUS
Fully Two Hundred Voters
Present at Mass Meeting
Called For Purpose of
Nominating City Ticket.
GEO. TOPPING FIRST
CHOICE FOR MAYOR
Much Interest Manifested
In Men Who Will Com
pose The Next Municipal
Council.
o o o o o o
o o
o
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o
o
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o
o
o
o
o
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CITY TICKET
Mayor Geo. P. Topping
Mayor .... Geo. J. Armstrong
Mayor (by petition) J. Nielson
Recorder E. B. Kausrud
Recorder .. B. N. Harrington
Councflmen, West Ward
Long term, Dr. L. P. Sorensen
Long term H. C. Dippel
Long term C E. Klepfer
o Long term A. McNair
o
t ..Sfiojst' term ....Steve Gallier o
o Snort term J. H, Shields o
o 0
p Councilmen, East Ward o
o Long term .... F. J. Chatburn o
o Long term ...... S. Mundy o
o -Short-term . . . . .C. 'R. 'Moore" o '
o Short term J. W. Mast o
Short term ..... J. H. Gould o
Short term S. E. Hlnes o
Short term .... C. H. Hurley o
By petition. o
o
oooooooooo'o
The mass meeting .Friday night
for the nomination of candidates for
city officers brought out about 200
people, and though there was much
spirit shown, everything went off
quietly.
F. J. Chatburn was made chair
man and C. R. Moore secretary of the
meeting.
The first in order was the naming
of candidates for mayor, and the
names of Geo. P. Topping, Geo. J.
Armstrong, John Nielson and J. W.
Mast were duly presented and nomin
ations were then closed.
For city recorder the names of E.
B. Kausrud and B. N. Harrington wero
proposed, and no further names ap
pearing, these two gentlemen were
duly nominated by the secretary cast
ing the ballot of the meeting for these
two men as the regular nominess for
recorder. ,
Balloting for mayor was then tak
en up and on the first ballot Geo. P.
Topping received 89 votes, Geo. . J.
Armstrong 36, John Nielsen 3G and
J. W. Mast 25. Mr. Topping was
then declared nominated and a se
cond ballot was taken to vote off the
tie between Armstrong and Nielsn,
the ballot resulting in 107 for Arm
strong and 81 for Nielson.
The vmeeting then adjourned and
the voters of the east ward went to
the firo hall where they nominated
councilmen, while the west ward re
mained at the opera house.
The west ward named Dr. L. P.
Sorensen, H. C. Dippel, C. E. Klep
fer and A. McNair for the long term
and Steve Gallier and John Shields
for the short term.
In the east ward F. J. Chatburn and
S. Mundy were nominated for the long
term end C, R. Moore, J, W. Mast,
J, 11. Gould and S. E. Hlnes for the
short term.
On Saturday afternoon petitions
with the required number
of names attached, were filed with
the city recorder demanding the
name of John Nielson he jilcl on
the ticket fur myur arid 0. Ji, llur.
Ity or ftovrH'JIwsn fur the uliort Urn,
thrnV ih www will iptisr In
addition U the wmut bt the rU