IF YOU WANT THE NEWS WHILE IT IS NEWS, READ THE HERALD. WE PRINT IT FIRST.
.nil
11 21
VOLUME VIII
HEPPNER, OREGON, TUESDAY, DEC. 6, 1921
NUMBER 32
PHELPS UPHELD IN J. 0:
ELECTION CONTEST CASE
SUPREME COURT HANDS DOWN
DECISION, NOVEMBER 29
Decision of Circuit Court Declaring
Minor and Wheelhouse Elected
Upheld
McDCFFEE ADDS TO DISPLAY OF
COPPER GOODS
Notice has been received here by
Sam E. Van Vactor and Woodson &
Sweek, attorneys for respondents in
the John Day election case that the
decision of Judge Phelps declaring C.
A. Minor and A. W. Wheelhouse le
gally elected directors of the dist
rict, has been affirmed by the Oregon
Supreme court.
The opinion handed down by the
higher court follows:
According to the statements in the
defendents' brief this is a proceeding
brought under section 7334 Or. L. by
the plaintiff Henricksen, to contest
the election of the defendants Clark
and Reitman as directors of the John
Day Irrigation District.
The cause is entitled A. L. Hen
ricksen, plaintiff, vs. Clay C. Clark,
Edward Reitman and M. D. Clark, de-
fendantls." The notice of contest
was directed to the defendants in
their proper names without the addi
tion of the official title of "directors
of tlhe John Day Irrigation District,
although in the body of the notice it
is particularly alleged that they are
the directors of the districl That
document sets out with great parti
cularity that at the election held to
Sheriff McDufee added a couple
more choice specimens to his already
large colection last Wednesday when
he returned from a two days outing
in the mountains to the south
of us and also brought four men who
are charged with violation of the
prohibition laws. The outfit is said
to be among the largest yet brought
to light in the county and capable
of turning out a sizable sth-eam of
the mild looking liquid with the vig
orous "kick."
The plant was found out in the
Parkers Mill country and was in op
eration. Fiftieen gallons of finished
product was found and had the sherif
let the infant industry alone there
should have been a good supply of
"hootch" on hand for the coming hol
idays. Four men, found with tlhe
plant wore brought in: Harley and
Edward Matteson Ed Letrace and
Enoch Cave. Mr. Cave spent last
winter as a guest atlthe sheriff's win
ter resort on a similar charge. As
this is written the men have not as
yet had a tfrial, all being out on bail,
except Cave, who is in Jail.
Many Interesting News Notes
From Heppner High School
Violet
MONTHLY REPORT OF COUNTY
On November the 10th, the Red
Cross Public Health nurse began
work in Morrow county. An office
was secured and equipped in the I.
0. 0. F. building by the local chap
ter of the Red Cross. Visits were
ma3e to the different parts of the
t'ouuty. Schools were visited and
the nurse made the acquaintance of
Edited by Marie Curran and
Merritt j
The Fres hman class gave their se
mester party Friday, Dee. 2, at the
school house. The evening was de
lightully spent playing various
ames. As the hour grew late and
the "Freshies" showed signs of sleep
iness, the refreshments were served,
after which the little ones departed
for their homes. We are sure the
"Freshies" enjoyed themselves, but
it is a good thing they can have only
one party a semester as everyone of
them looked drowsy and forlorn Mon
day morning.
There was a slight - misthke in
"High Life" concerning the date of
the next Lyceum number. Instead of
Friday, December 9; the next num
ber is Thursday, December 8. The
DeMarco-Aistrup entertainers are ar
tists in their entertainment. They
give a program of Irrisistible charm
A splendid program is assured to
everyone who attends.
Owing to the bad weather and
play practice the orchestra has been
unable (b practice for the past two
weeks, but it is hoped that they may
bo able to practice in the near future.
There will be play practice every
night this week. The cast and Miss
Palmateer are working strenuously to
make this play a success. Ailene
Sprouls, who is Aunt Mary, is surely
a "scream." The hich school stu
dents are looking forward to Decem
ber 16, the nightt on which the play
will be given.
Latt Thursday evening a splendid
banquet was enjoyed by the domestic
science clas3 at the school house.
The girls were getting tired of cook
ing for the teachers and they thought
it would not be a bad idea to give
themselves a banquet. The teahcers
are now assured excellent meals for I
the rest of the semester. Miss Nor- j
ris and her mother were guests.
The fnllowine earned to be nlaved I
by the girls in baslcetball are:
Tuesday, 3:50 p. m., -U Tell Unv
vs. Loud Socks. 4:20 p. m., Go Get
Urns vs. Hot Dog Girls. Thursday
at 3:50 p. m., Night Gown Brigade
vs. Petticoat Pirates.
Games to be played tlhis week by
boys doughnut basketball league
are: Senior division, Monday, Bears
vs. Turtles; Tuesday, Heart Breakers
vs. Five Fire Flies; Wednesday,
Supero Omnes vs. Bears; Thursday,
Turtles vs. Heart Breakers; Friday,
Five Fire Flies vs. Supero Omnes.
Junior Division, Monday Bear Cats
vs. Bees; Tuesday, Graybacks vs.
Boneheads; Wednesday, open; Thurs
day, Graybacks vs. Bees; Friday,
Bear Cats vs. Bonehads.
HERO OF MANY BATTLES HERE
L. B. Pyle, who is employed with
the engineering branch of the state
highway department, came in from
Portland Friday night and isvisiting
fo r a few days with his mother at
Hotel Patrick.
Mr. Pyle was only 19 when the U.
S. entered the world war but tlhat did
not pervent htm from going to
France with the first contingent of
American (troops and while there he
saw plenty of action. Ho recently
received his battle medal from the
government, the five bars of which
showing that he took par in five ma-
jo r battles Including Montdidier-
Noyon, Ainse-Marne, SI Mihiel
Sector. Mr. Pyle came tllirough all
these battles without a scratch or a
day's sickness and, perhaps because
he stood up so well he was sent with
the army of occupation into Germany
after the armistice where he remain
ed for almost a year.
BROTHERHOOD OF ELKS
HOLD SORROW LOOSE
ANNUA I, MEMORIAL SERVICE OB
SERVED IX HEPPNER
lion,
Colin I'.berlinrt, of LiiGrande,
Delivers Address to Largo
Audience .... -
W. L. HARLOW PASSES
Heppner Lodge, No. 3 58, Benovo-i
lentan d Protective Order of Elks,
held their annual memorial service
in remembrance of departed brothers
otherwise known as "The Lodge of
Sorrow," in their lodge room in the
Elks' building last Sunday afternoon.
The service was attended by a large
and appreciative audience.
Owing tb unavoidable circumstan-
ces, Hon. Bruce Dennis, or i,a.
Grande, who was expected to deliver
the principal oration of the occasion
was unable to be present but Hon,
Colin Eberhart, joint senator for Un
ion and Wallowa counties was pies
end and delivered a splendid address
touching on the principals of tho ord-
the co-workers in the different parts
choose successors to the defendants of the county.
Reitlman and Clay C. Clark, the voters
wrote in the names of Arthur Wheel
house for the three-year term and C.
A. Minor for the one-year term, on
the blank lines left on the ballot in
sufficient numbers to give Minor and
Wheelhouse a majority of all the
votes cast for the respective director
ships. The defendants filed a demurrer
against the notice of confbst, assert
ing, "thfit there is a defect of parties
defendant, in the following respect,
do-wit: Clay C. Clark, M. D. Clark
and Edward Reitman arenot made
parties defendant as directors of the
John Day Irrigation district," and
second, "that tlhe complaint does not
state facts sufficient to constitute a
cause of action or suit for the reason
that it is not alleged In said com
plaint that the said C. A. Minor
and Arthur Wheelhouse were nomin
ated, as required by law, for the of
fices of directors of the said John Day
Irrigation District."
The trial court overruled the. de
murrer and tfc)e defendants did not
appeal further. From the conse
quent judgement declaring Wbeol
honse to be elected director for the
three-year term and Minor for the
ono year-term, the defendants hav
appealed.
Burnett, C. J. The demurrer call
for. a construction of the notice of
contest which in this proceeding per
forms the function of a complaint. In
this connection we are governed by
section 85, Or. L-, reading thus:
"In the construction of a pleading
for thepurpose of determining Its ef
fect, Its allegations shall be liberally
construed, with a view of substantial
justice between parties."
Taking the paper together it Is
clear that there is no attempt to as
sert a cause contest against the de
fendants in any other capacity than
as directors. To institute a contest
Against private parties wholly dis
connected with the district would be
utterly futile and ineffectual. B t
the notice discloses that only the con
duct of tho defendants as directors
is called in question. The complaint
is sufficient as against the objection
that there is a defect of parties.
It 1 not necessary that a candidate
bo nominated for any office under the
election system of this state, in order
to receive the votes of the electors at
the elections prescribed by our con
stitution. In order to get his name
on the official ticket prepared by the
election authorities it is required
that a candidate be properly nomin
ated by a petition or an assembly of
electors. But this is only permissive
It is not mandatory in Irrieation dis
trict elections. The voter has a right
to vote for whom he chooses for any
office.
Moreover, the sole duty of a can
vassing board is to count the ballots
and issue a certificate reciting what
those ballots disclose. Such a board
has no Jurisdiction to raise issues in
the nature of quo warranto and d-ter
mine the eligibility of an elected can-
Splendid co-operation has been re
ceived from the people wherever
the nurse has started to work. The
school children especially are very
enthusiastic and anxious to carry the
different health messages to their
homes.
Following is tlie monthly report
made by the nurse: Consultation with
people in the ofticc. 2; LaGrippe, 1;
Reported to state board of health, 3;
Schools visited and revisited, 9;
P'ipils inspected. 174; Home visits.
13: Miscellaneous visits, 15; Talki
to iiipils. 24; Inspection t.f school
buildings and premises, 3.
Defects found: defective vi&ion.S;
nasal obstruction, 7; enlarged tonsils
16; cervical adenitis, fi; deformities,
2; Malnutrition, 14; mentally defec
tive, 1.
Skin: scabies, 2; eczema, 1.
COUNTY NURSE
Emma Bunge.
CARD OF THANKS
We wish to expres our thanks and
appreciation to our friends and
neighbors for assistance andsympathy
extended during our recent bereave
ment... ......
MRS. W. L. BARLOW
and Family. .
The Guild of All Saints Church
will meet December 8, 1921, In the
Vestry room of the church. All
members of the guild and all those
Interested are requestted to be presnt.
Time 2:00 p. m.
ADA M. AYERS, Secretary.
ATTENTION! SHEEPMEN
R. A. Ward, manager of the Co
operative Wool Marketing association
of the West, has arranged to tot
present at the Farm Bureau meeting
which will be held Saturday, Decem
ber lOtih, of this week in the I. O. O.
F hall.
Tho Wool Growers asociation has
made asplendid mark for itself get
ting from two to eight cems better
iJhan the nmrke price all along and
are gaining in numners rabidly. We
previously arranged for a meeting of
the Wool growers when Mr. Ward
could be present, but owing to con.;
flieting dates this had to be called
off. We are exceptionally fortunate
to be able to get Mr. Ward at this
time, who will address the assembly
briofly here at Heppner, and again at
Pine City on Saturday night, Decem
ber 10th.
Inasmuch as this touches upon the
sheepmen's most vital problem, ev
ery man ought to be oui
PARENT "TEACHERS MEETING
TUESDAY, DECEMBER. 13
The regular meeting of the Patron
Teacher asociation will be held in the
school auditorium Tuesday, Decem
ber 13, when the following program
will be rendered:
A Dramatization by pupils of vhe
second grade.
A paper by Miss Norris.
A piano solo by . Miss Reliance
Moore.
A talk by Miss Bunge, public
health nurse.
All members and friends are urged
to attend.
MRS. MARY HUTCHINSON,
Secretary
William L. Barlow, well known and
respected resident of this county, pas
sed away at his home at Eightmile, er and what it stands for in the coin-
Thursday, December 1, 1921, aged munity.
58 years, 11 months and 25 days. .Other numbers on the very excel
He was born at Rockport, Atkmi-llent program were:
son county, Missouri in 1863 and in Voluntary Mrs. Walter Moore;'
188 5 he removed to Kansas where he solo, "So I Can WaiU" Miss Ueta
REMEMBER YOUR (IMMUNITY
MEETING
A Form Bureau meeting will be
held in every community this week,
which merits the attendance of all
the farmers.
Lest we forget, look over the dates
below and then plan to bo present.
Boardmnn, Monday Dec. 5, 7:30 p.
m. Irrigon, Tuesday, Dec. 6, 7:30 p.
m. lone, Wednesday, Dec. 7, 2 p. m.
Cecil, Wednesday, Dec. 7, 7:30 p. in.
Lexington, Thursday, Dec. 8, 2 p. m.
Alpine, Thursday, Dec. 8, 7:30 p. m.
Hardnian, Friday, December 9, 2 p. m
Fight.mile, Friday, Dec. 9, 7:30-p. m.
Heppner, Saturday, Dec. 10, 2 p. m.
Pine City, Saturday, Dec. 10, 7:30 p.
m. Morgan, Monday, December 12,
1:30 p. m.
C. C. CALKINS
later married Miss Mary S. Cooper,
who with five children survivie him.
The family came to Morrow county in
1903 and have since resided here.
The surviving children are: Ora
Floyd and Carl Barlow and Mrs
Grant Olden, and Mrs. Lee Howell,
all residents of this county. He is also
survived by his aged parents who live
at Oregon City and by the following
sisters and brothers: D. S. and J. F.
Barlow and Mrs. E. L. Young, of this
county; O. B. Barlow, of Portland
Minnie Barlow and Joseph Barlow, of
Oregon City; May ilarlow and Mrs.
Ellen Ilerren and Mannie Barlow, of
Seattle and Mrs. George Love, of
Colby, Kansas.
The funeral was held from
tlhe Christian church Sunday after
noon being conducted by Rev. W. O
Livingstone.
Norris; prayer, Rev. W. O. Living
stone; piano duet, Mrs. Walter Moore
and Mrs. C. L. Sweek; "Tlianatopsis,"
Miss Leora Devin; vocal duet, "Be
yond the Shndows," Miss Lorena,
Palmateer, Mrs. Frank Turner; solo,
Resignation," Miss Coramae Craw
ford.
The opening and closing ceremon
ies of tho lodge were conducted by
Exalted lluler Clias. ,1). Cox assisted
by Esteemed Leading Knight Bert P.
Stone; Esteemed Loyal Knight Loreii
Mikeseil; Esteemed Lecturing Knight
Leonard Gilliam, Secretary Gay M.
Anderson and Esquire Earl Gilliam.
Heppner lodge has lost but unii
member by death during the past
year, Charlie B. Sperry, of lone, hav
ing passed away aboull a year ago.
....The Crescent Dry Goods Co., of
Pendleton, have placed a stock of
women's wear with me. Beautiful
dresses, waistts, Coats furs etc.
This stock will be replaced from
day to day and I will always be able
to show you something worth while.
MRS. L. O. HERREN
W.
LEXINGTON C. E. NOTES
1J. R. lilt ATT ATTENDING
CONVENTION AT OMAHA
Friday evening,' December 2, the
monthly business meeting nf the C.
E. of the Christian church, of Lexing
ton was held at the home of Mr. and
Mrs. Nichols. After the business
meeting was over the remainder of
the evening was spent In a most en
joyable manner. A good time was
reported by all those present.
Highway Commissioner W. B. Rar
ratt left last Thursday morning for
Omaha, Nebraska, where he is repre
senting the Oregon State Highway
Commission at the International con
vention of highway officials.
The meeting is an important ono
and many matters touching on high
way construction and allied question
will bo considered.
didae to hold office to which he has
been elected.
These considerations dispose of all
the Issues of law which were raised
by the demurrer. They were correc
tly decided by the circuit court. The
judgment is affirmed.
FEDERATED AID SOCIETY WILL
HOLD BAZAAR
The Ladles Aid Society of the Fed
erated church will hold a bazaar in
the parlors of the church Wednesday,
December 7th beginning at 2:30 P
M. Needle work and cooked and un
cooked foods will be on sale. Adv,
Christmas Clothes
M
"THE OLD NEST"
Star Theatre, Sunday and Monday
H ..r '4 .vAV ,rt-:VM V'-f
Children 30c Adults 40c. Reserved Seats 55c
Most men want new clothes for Christmas
but they have a hard time deciding just what to
get and for that very reason many men have
come to depend upon this shop to make their
choice for them.
If you have never enjoyed that service,
come here now and find out for yourself how con
venient it is.
We would like to show you the new 'fogs to
day. Will you spare a short time to see them?
There will be no insistence that you buy just be
cause you come to look.
icchmson
Where They Clean Clothes Clean