S K Notsov.
IF YOU WANT ALL THE NEWS OF MORROW COUNTY WHILE IT IS NEWS, READ THE HEPPNER HERALD. WE PRINT IT FIRST
ID1D
VOLUME X
HEPPNER, OREGON, TUESDAY, JUL 10, 1923
NUMBER II
4-1-24
MM?
NEK.
0
DEFENDANTS APPEAL
L0ST1N SUPREMECOURT
A copy o the supreme court decis
ion in the damage case in which
James Carty brought suit against F.
A. McMenamin and Patrick Ward for
damages growing out of the leasing
of grazing lands, was received here
by Woodson & Swee'k, attorneys for
top plaintiff, a few days ago. The
higher court affirmed the decision of
Judge D. R. Parker, before whom tho
case was tried in circuit court here a
year ago when a decision in favor of
th e plaintiff was rendered.
Mr. Carty entered a contract with
.MeMenamin & Ward by which he
.leased some 13000 acres of summer
sheep range in the state of Washing
ton, it being represented to him that
it was good summer range and that
the price charged him, 20 cents an
acre, was the same price the "defend
ants were paying the people from
whom they leased it. Mr. Carty sent
an agent to inspect the range but it
is alleged that the defendants did
not take the agent to the land iii
question but showed him othe.- lands
which they represented as beiiig of
te sanu; class as the land, iney
were leasing to Carty.
Later, when Carty took hi3 theep
to the i singe he found that ii was
lot summer range at all but range
of value on.) in early spring and late
fall. He also found that the defendants
were paying only 15 cents an acre to the
owners instead of 20 as they had rep
resented to him.
One point of interest in the case and
upon which the decision seemed to hinge
to a considerable extent, was a clause
in the leasing contract in which the de
fendants claim to make no representa
tion to the plaintiff as to the value or
..grazing quality of the range.
Carty, in his complaint charged fraud
and deceit on the part of the defendants
in their -dealings with him and the
court held that the position of the
defendants in pleading the above provi
sion of the lease is untenable and says:
"The law is otherwise. If a party is
guilty of fraud in making a contract,
he cannot exculpate himself from the
consequence of his own wrongdoing by
a provision in writing that his fraudu
lent oral representatives shall not be
.used against him in a case in which
fraud and deceit is the gist of the cause."
The decision handed down follows in
almost every instance the brief filed in
the case by Woodson & Sweek, attor
neys for Mr. Carty.
The amount of damages awarded Mr.
Carty in the circuit court and affirmed
by the supreme court is $1875.00.
MOUNTAIN CAMPERS ARE MAR
OONED BY RAIN AND MUD
A party of Heppner folks made up of
Peter Prophet, O. H. Hendrix and E.
Albee and their families, went across
the Ditch creek summit last Tuesday
morning to spend a few days camping
and fishnig in the Potamus creek ex
pecting to return Friday. Heavy rains
coming on Thursday and Friday made
the grades impassable, however, and it
was not until Monday afternoon that
they reached home. Barring the hard
experience of bucking mud on the home
ward journey, however, they report hav
ing had an enjoyable trip but home
no doubt looked good to them Monday
night.
BOARDMAN
. . . , .... ,f
Boardman, Or., July 7. Several car
loads of Boardman people attended the
Meacham celebration and report a fine
time and a pleasant trip. Those going
were Mr. and Mrs. T. E. Hendricks, Mrs.
Charles Breeding and family, John Brice
and family, Opal Waggoner, Charles
Barnes, H. E. and Clay Warren families.
Misses Ethel and Edna Broyles, Mr. and
Mrs. W. A. Murchie, Mr. and Mrs. J. C.
Ballinger, Mr. and Mrs. Glen Carpenter,
Lyle Blayden and Mr. and Mrs. Richard
Liingman.
The families of William and Norma
O'Donell, brothers of James O'Donell,
visited at the Porter and Conley ranch
last week.
Mrs. M. B. Signs and family were in
Boardman last week.
L. V. Woodard of The Dalles was a
business visitor in town last Wednesday.
Mrs. Charles Breeding and children
are visiting at the T. E. Hendricks home.
Mrs. Breeding is a sister of Mrs. Hen
dricks. Mr. and Mrs. William Anderson and
children of New Plymouth, Idaho, ar
rived Saturday for a visit with Mrs. An
derson's parents, Mr. and Mrs. C. G.
Biayden.
The picnic on the fourth was much en
joved by the few remaining in the com
munity. Afttr a basket dinner a tine
program was given, races and other
spurts were enjoyed. Free ice cream
was served during the entire day.
Mr. Klaces with Louise and Fred spent
the Fourth at home, returning on Thurs
day to Yakima.
Mrs. Jacob Marty of Portland is vis
i:irg Mr. Marty ar.d Carl.
Tom Hendricks ar.d Jce Curran made
a business trip to Hermiston on Satur-
rs. Bradrhaw and family of LaCrose.
.-h.. are hire visiting her :-vr. Mrs.
V;
O. A. Beck
d mother, .-.n. c.n.
INVITED TO SPEAK
AT VANCOUVER, B. C.
District Attorney S. E.Notson has re
ceived a letter from L. C. May, president
of the International Law Enforcement
Officials league, asking him to make an
address at the meeting of that body
to be held at Vancouver, B. C, July
23-26. The association embraces all law
enforcement officials in nine western
states and British Columbia and Al
berta, in Canada.
Mr. Notson and Sheriff McDuffee will
attend the meeting if they can arrange
to get away from their official duties at
home at that time.
The last meeting of the association
was held at Portland and was a most
important meeting in working out plans
for better law enforcement.
WHEAT IN RECEIVE
FINAL CHECKS FOR 1922
Final statemenst and checks covering
the 1922 wheat crop handled by the Ore
gon Co-operative Grain Growers have
been mailed during the past week, ac
cording to a statement published in the
latest issue of the Producer, official
organ of the grain growers associations.
The average prices for 1922, basis No.
1, are about the same as those of 1921
although there is a difference in the re
lative values of the several varieties
of wheat handled. Last season red
wheats brought more money on the whole
than the white varieties while this sea
son the latter were the better sellers.
The association officers attribute this
change to the fact that this season, due
to the fact that the associations have
increased west coast prices as compared
with the middle west, large quantities of
Montana red wheat grown by unorganiz
ed producers were dumped on the west
ern markets, lowering the price for the
red varieties. With the largeJy in
creased membership in the Montana as
sociation which has been secured during
the last three or four months, it is hoped
that this dumping will not be continued
in the future.
The associations this year have pre
pared statements showing the average
prices returned to growers on a basis
of local shipping points, and exclusive
of all deductions.
J I I ! I ?" i" I I I I
i-LOCAL NEWS ITEMS
V
i I 4 2 ! -I I I ! -I- v - I"
Mr. and Mrs. Peter Farley and chil
dren spent the Fourth visiting their
friends Mr. and Mrs. Pat Connell, on
Rhea creek.
Mrs. D. E. Gilman returned from Port
land Sunday evening where she has been
visiting friends since the W. R. C. con
vention at Grants Pass last month. Mrs.
Gilman has been endorsed by the Ore
gon W. R. C. and Grand Army posts for
the coveted position of national presi
dent of the organization and a spirited
campaign will be carried on by her
friends and admirers from now until the
date of the national convention which
meets at Milwaukie, Wis., in September.
M. C. Marshall, well known stock
man and rancher of Boardman, was
a visitor in Heppner Saturday even
ing. Mr. Marshall reports that he
has been losing a number of sheep
lately from his band and on the 4th
while himself and family wpre at
tending the celebration at Arlington
somebody stole 16 head from a small
baud in his barn lot. He proposes
to take some steps to apprehend the
thieves and with that in view is of
fering a substantial reward for in
formation leading to their arrest and
conviction.
F. L. Harwood returned from Port
land early Thursday morning where
he went Monday night to be on the
ground ready to help welcome Pres
ident Harding and party on the
ourth. Mr. Harwood says the trip
was one continuous round of pleas
ure with but little time wasted sleep
Ing. He exchanged smiles with the
President which would indicate that
each was well pleased with the other.
Miss VivianYocum, offico deputy in
the sheriff's office, and Postmaster
W. W. Smead also went down for
the Harding celebration.
Mr. and Mrs. W. P. Mahoney and
thjeir daughters, Misses Doris, Kath
leen and Patricia, and Mrs. Kenneth
Mahoney left Sunday morning for
Bonnrs Ferry, Idaho, where they
will spend a week or ten days visit
ing friends. They will also spend
some time visiting friends at Spo
kane while on the trip.
Captain Everett May, military in
struejr at Clemson College, South
Carolina, i she-re visiting his sl.-ut-r,
Mrs. Guy Boyer, and many old time
fri-nds. Captain May is a former
Morrow county boy but has bw n in
the er,t and south for some tli;'..
He is making the trip in his car and
drove from South Carolina to Hepp
ner in jut 13 days, eomir.;; by the
northern route through the DakoUs
r.ni Montana and expects to return
by the southern route.
L
NEED CIVIC TRAINING
University of Oregon, Eugene, June
30. (Special.) "Are you giving your
students any training for effective cit
izenship?" asked superintendent W. J.
Cooper" of Fresno, California, in his ad
dress before the educational conference
at the university June 30, on the sub
ject "Education for Effective Citizen,
ship."
Going on to develop the idea of giv
ing high school students a sound basis
of civic knowledge, Mr. Cooper said,
"There are three essential things in the
development of civic knowledge. First,
knowledge that will enable me to select
the right men for public offices; know
ledge that will help me to vote for the
right persons to represent me in gov
ernment. I don't recall anything that
I was taught in school to help me in my
selection. We should work out some sort
of a criterion for the future voter to use
In selecting people to represent him."
The second point in the development
of civic knowledge is learning to act
directly as a law muker, according to
Mr. Cooper. This is the sort of train
ing, he said, that high school civic
classes should offer and do not.
"Thirdly," said the speaker, "there
is what I shall call the inspectorial side
of civic knowledge. Civic classes belong
in the street discussing paving, the ad
vantages and disadvantages of different
materials. They belong in the city hall,
the court house and in the state legis
lature if they can get there."
Mr. Cooper traced the development of
civic education from the time of the
Civil war when it got its first start
down to the present when the vast scope
of its subject matter is just beginning
to be realized fully.
The first so-called civic books, said
the speaker, were nothing more than
statements of clauses in the federal con
stitution. This attitude toward civics
arose as a result of the Civil war. "In
the late '80's and "90's with the growth
of railroad and standard oil combines
school masters began to analyze th
question of civics anew. They saw that
they had given too much time to federal
government. They made a place for
state government in the civics books.
Then in 1900 we began to be confronted
with another civic problem, that of city
government. We added that, and thus
we find the changing emphasis of sub
ject matter in civic education tending
gradually toward practical application
of civic education."
SUNDAY SCHOOL HAS NEW
QUARTERS
The Sunday School which formerly
met in the I. O. O. F. hall has se
cured the building on Willow street
formerly occupied by the IJlkhorn
restaurant &nd have fitted the four
rooms as a permanent meeting place.
The Bethel Sunda .y School is non
denominational including attendants
from no less than six denominations.
The Bible school, with W. O. Dix,
superintendent, and Mrs. A. M.
Phelps in charge of the primary de
partment, neets at 9:45 every Sun
day morning. An interesting course
of Bibl study is pursued by a num
ber of adults every Wednesday even
ing. The public generally is cordially
Invited to attend all services held at
Bethel Chapel and a hearty welcome
is assured.
IO.VE MAKES THE EAGLE
.SCREAM LOUD JULY 4th
lone had a b Ig, old-fashioned
Fourth of July celebration last Tues
day and every rne that attended re
ports having a good time.
A big delegation went down fro
Ht.ppr.cr and ..elpcJ their neighbors
celebrate the nation's natal da id a
proper an ! itii.g manner.
There was a well organized pa- ule,
an intcicsting' program, plenty of
sports and a 10-lnning ball game be-
! twren Heppner and Ion,e.
Hon. 3. K. Notson, of this city, de
I'verr.d the address of the day, re
ceiving hearty applause for the ex-
cil'.er.t ideas expressed.
The ball game was one of the moat
inteiisting of the season in this
county. At the end of the ninth in
n lit the teams were tied with a 3-3
score and In the tenth a fumble on
tl e field gave lone the coveted run
and the game.
A dance was held in the evening
a.id those present say it was all thai
iou!d be desired.
Sill 00.00 IUAVA III) 1 00.00
I will pay the above reward of
; $1 00 to any person furnishing nit
i information that will lead to the ar
rest and conviction of any per.-:on or
persons having in their poshes., ion
and holding any hhw-p bearing my
brand. My brand is a Circle Bar, (a
i circle with bar across.)
i Dated Boardman, Oregon, this
. Tth d;.y of July, Vt'.Z.
; M. C. MARSHALL,
I lltf Boardman, Or';.
HI
STATE CHAMBER TO HAVE
Portland, Ore., July 3. (Special.) A.
S. Dudley of Sacramento, said to be
one of the best Chamber of Commerce
men in the United States, has been se
lected as Executive Manager of the Ore
gon State Chamber of Commerce, begin
ning August first.
The Board of Directors of the State
Chamber authorized the appointment of
a highly-trained organization man as a
step in the state-wide development pro
gram to be undertaken jointly by the
Portland and State Chambers. Dudley
was selected by a committee of Directors
composed of E. B. Hall of Klamath Falls,
I. E. Vining of Ashland and Roy T.
Bishop of Portland.
The new Stato Chamber executive will
devote a major part of his time to the
state outside of Portland, particularly
along the lines of cooperative marketing
and the general strengthening and bet
terment of agricultural conditions, ac
cording to State Chamber officials. This
line of work is one in which Dudley
is particularly well qualified, and is
exactly in line with the state-wide de
velopment program for which a fund of
$300,000 is now being raised in Port
land. Dudley was formerly an assistant sec
retary of the Los Angeles Chamber of
Commerce, and for the last three years
secretary-manager of the Sacramento
Chamber. Under his supervision, the
Sacramento Chamber has developed into
one of the leading development organiza
tions of California and recognized na
tionally as a model of its kind.
J. W. Brewer, General Secretary of the
State Chamber, will be retained in his
present position.
FOREST SERVICE NEWS
A new telephone line has been con
struced, southward from Ellis Ranger
station to Rimrock, a distance of about
ten miles. At Rimrock a horse pastura
will be fenced and a small cache of fire
fighting tools established.
K. P. Cecil and T. P. Flynn of Hit
Portland office were in the Gurdane dis
trict a few days in connection with the
construction of the Western Routo road.
Tho route between Ellis and Ditch creek
ranger stations was decided upon and
part of the way located and staked. Some
location work was also done between
Ellis(r.nd Ukiah. It is planned to clean
the right of way and burn the brush this
season, then next year do the grading.
Forest Examiner Bottcher who is in
charge of improvements was at Ellis
Ratiger station and supervised the lo- (
cation work on the Ellis-Rimrock tele
phone line. Ranger Groom of tho Hepp
ner district assisted in the work of
construction.
L. M. Bowles who is in charge of the
warehouse and dispatcher's at Ukiah,
was a visitor in the district the last
of the week. Mr. Bowles, in company
with Ranger Woods, visited at Arbuckle
lockout and familiarized himself with
the lay of the land and the fire hazard.
Mrs. Fred Casteel and the boys moved
from Albee to Ditch Creek Ranger sta
tion the first of the week to be with
Mr. Casteel during the summer.
An attractive new fence of peeled
poles has replaced the old yard fence at
Ellis station. The work being done dur
ing the rainy weather, at odd times.
FORMER HEPIWER WOMAN
ACCEPTS RESPO.VSl-
1JLE POSITION
Mrs. Lena M. White, known in
Portland as a business woman ana
an executive, is to be house mo! her
of one of the cottages on the chil
dren's farm home near Corvallis,
says th,e Oregonlan. Mrs. C. T. Webb,
wife of the superintendent of the
home, will have charge of the other.
One "Of the twa cottages on the farm
is already completed and the other
will be finished and ready for occu
pancy in 10 days. One of these cot
tages Is known as the Wiilard and
the other the Oregon. These units
of the farm hone will take care of
40 dependent children. Already more
than 80 applications have been re
ceived for admission to the home.
Mrs. White was a former well
known Heppner girl, being the
daughter of Mrs. W. W. Smead and a
sister of Mrs. W. O. Bayless.
Special music Sunday, 11 a. m., 7: 45
p. m. Federated Church. Come.
resh
from the
factory
I FRESH m
V to BACCO f
B ROLL YOUR OWN VVI1H I
l Ri "La Croix Papers Attacke
WILLAMETTE DEBATERS RAISE
TEMPERATURE IN MINNESOTA
Robert Notson, who is a student at
Willamette University, returned to
Heppner last Thursday evening to spend
his vacation. Mr. Notson was captain
of the Willamette debating team that
made an extended tour through the mid
dle west and south las spring when
they won five of the six debates in
which they took part. He says the trip
was a very enjoyable one despite the
fact that they encountered one man's
size blizzard in Dakota and 15-below
weather in Minnesota. At one point in
Minnesota the thermometer registered
15 below when they went into the hall
to start the debate and when they finish
ed it was thawing the snow and the
Minnesotans declared it was the Ore
gon hot air dealt out by the Willamette
boys that wrought the change in tem
perature. The Pacific Co-operative Wool Grow
ers' assocaition has been joined this
spring by 300 wool growers, bringing
the membership to nearly 2500, accord
ing to the reports made to the meeting
of the directors of hte group held Sat
urday, says the Orcgonian. The in
crease, it was said, was largely due to
the fact that the association's 1922 wool
prices were from 3 to 10 cents above the
figures obtainable locally.
The association's reports on tho wool
market recoived from London on the
opening of the colonial wool auctions
on June 26 were to the effect that
greasy continental Merinos wore down
5 to 7 1-2 per cent, while greasy Capes
were steady; ordinary crossbreds were
down 6 per cent for fine and 7 1-2 per
cent for medium to low. The chief buy
era are continental operators, America
not participating to any great extent.
Some buying is being done for English
account.
VISITORS FROM ORIENT HERE
Mr. and Mrs. J. H. Hemperly were
here for a few days the past week
visiting her brother, Joseph Snyder.
Mr. Hemperly is a salesman for one
of the big flouring mill machinery
manufacturing companies and since
1905 they have spent much of their
time in the Orient selling modern
milling machinery in China and
Japan. Their latest visit to those
countries, from which they but re
cently returned covered four and
one-half years.
Mr. Hemperly is well versed In the
business and political situation over
there and is of the opinion that the
world has nothing to fear from the
Japanese because of the understand
ing between the United States and
England on the far eastern situation.
China, he says, Is a different coun
try from what it was before tho es
tablishment of tho republic and the
cutting of the queues as the people
ao fast taking on western business
methods and need watching In bus
iness deals.
Mr. and Mrs. Hemperly Just miss
ed by a few days being passengers
on the train which was held up by
Chineso bandits when many Ameri
cans were held prisoners for weeks.
While In Heppner Mr. Hemperly
looked over the Heppner flouring
mill. His son wiio is a practical
miller with oxperienc eln country
town milling in the Pacific northwest
is now in China superintending the
installation of milling machinery but
wishes to return to this country and
settle down In some small town In
the milling business.
(
Martin Ileid and wife were among
the Heppnerites that visited Meach
am for the big celebration lant
Tuesday.
HONESTMEATS
Morrow County Meats for Morrow
County People
Get our Prices on Hams, Bacon, Lard
We want to handle your Harvest Trade
The Central Market
G. B. SWAGGART
'BBBBMIBIBBBMOHI
MARKET ACENT URGES
CO-OPERATIVE SELLING
C. E. SPENCE, Market Agent, 723 Coorfr
House, Portland, Ore.
The potato growers of Oregon should
have a strong co-operative marketing as
sociation, organized along the California
contract plan, to put this industry on a
profitable and dependable basis.
Many sections of the state are natur
ally adapted to potato growing, and it
it said that but one state, Colorado, can
equal Oregon in the quality and quan
tity of this crop, yet for years with
few exceptions the Oregon farmer ha
not received the cost of growing the crop.
Last fall thousands of bushels wera left
in the ground because the market prica
would not pay for the harvesting and
marketing.
The potato crop of the state should
be pooled through a solid co-operativa
selling agency. This is simply a thor
oughly businesslike way. Through it
trained men can do for the growers what
they ennnot do for themselves individ
ually; markets can be stabilized; new
markets can be found; ample credit
can be obtained; grades can be estab
lished, and it would seem that through
these channels the potato industry could
be made stable and profitable.
The Pacific Co-operative Wool Grow
ers is an illustration of what may ba
done by poducers pooling and sticking.
Farm market specialists who have in
vestigated the various wool pools in tha
United States, state that this associa
tion is the most efficient wool-marketing
organization in the country. It now has
a membership of about 2600 in Oregon,
Washington, Idaho and northern Califor
nia. It sells the output sorted, graded,
and scoured. This puts the fiber intot
strictly merchantable classes, and sheep
men state they get from three to ten
cents more per pound than outside prica
for ungraded stocks.
The potato crop of Oregon can ba
handled in almost the same manner as
wool. A strong membership is necessary
in organization, then capable manage- ,
ment. And the success or fallura of
nearly all the marketing associations
depends on management success, in
putting at the organization's head men
who thoroughly understand the job and
who are capable of handling it. With
out this efficient management, member
ship or anything else goes for naught.
Oregon grain growers should not ba
excited or scared over the newspapar
stories of record-breaking crops of the
country generally. There will be a larga
production in the northwest, but this
condition does not prevail throughout
the middlcwcst, so stato those from
that section. Weather conditions have
been unfavorable, hot and dry, through,
most of the middlcwest wheat belt.
Hood ltiver has seen the folly of sell
ing apples around 70 cents per box that
cost about one dollar to grow. Now tha
growers propose to organize a strong
marketing and distributing agency and
stabilize the industry. All over tha
country producers are forced to a real
ization that individual marketing is no
longer profitable and that only through
organized pooling and marketing can
they succeed.
The state market master will giva as
much assistance to consumers' organi
zations as to producers, when this class
become enough interested to taka tha
initiative. So far the consumers hava
shown but little interest in any move
ment to co-operate with producers and
shorten the line and rcduco tho costs
between the grower and the consumer..
The state market master si ready to as
sist any co-operative proposition that is
founded on a solid basis.
PARKERS MILL HOLIW
SI-DAY CELEBRATION
A three-day celebration was heM
at Parkers Mill Tuesday, Wednes
day and Thursday of last week and
tho usual good timo Is reported.
There were fair crowds present Tues
day and Thursday with a big gath
ering on tho Fourth.
There were the UHual sports, danc
ing afternoons and evenings and a
regular round-up In tho afternoon of
each day. Many went out from this
cily and other parts of the county
as well as Grant and Wheeler coun
ties were well represented.
a
n
B
B
ks
If