Image provided by: University of Oregon Libraries; Eugene, OR
About The gazette-times. (Heppner, Or.) 1912-1925 | View Entire Issue (June 8, 1922)
VAC, E SIX THE GAZETTE-TIMES, IIEITXER, OREGON, TIUKSPAY, JUNE 8, 1922. FULLTEXT OF DECREE tie him for services performed un or the authority of the resolution f the said board authorizine the is- pf said warrants, and dated 14th, 19-1. or which he mav recover in an action against said trict. And that a new warrant he issued to said F. A. McMenamin in lieu of warrant No. 2S for the sum of $100, and for such additional sum as may he found hy the board to be due him for any services performed after the organization of the district, and prior to November 1st, 1919, or which he may recover in an action at law against said district. That the warrants of said dis trict issued to C C Clark and Ed ward Rietmann, the following should be and herebv are cancelled: No. 26 for S6S.70; No. 41 for $102.40: and No. 169 for $117.44, issued to C. C. Clark, and No. 74 issued to Edward Rietmann, for the sum of $209.76, and that new warrants be issued by said board of directors in lieu of said warrants, for any sum or sums included in said cancelled warrants to which they or either one of them may be entitled at the rate of $3 per day and mileage at me rate or 1U cents per mile for attending meet ings of said board and actual and necessary expenses paid while en gaged in official business under the order of the board. It is further ordered and decreed that the assessment made and lev ied by the board and by said dis trict in the year 1920, was and is a valid assessment, and constitutes a lien against the lands included in the assessment roll. That the in junction heretofore issued and or dered by this court, in this suit, be and same is hereby dissolved and set aside, except as to the above de scribed and cancelled warrants, and as to said warrants and each of them, the said injunction is continued in full force and effect, and made per manent. It is further ordered that each In last issue of the Gazette-Times was published some of the chief fea tures in the findings and decree handed down at Pendleton recertly by Judge Gilbert W. Pnelps in the action of the Northern Pacific Rail way Company, et als., vs. John Day Irrigation District and others. Not having the tew of the decree at that time, we were unable to give it in the words of the court, and herewith present the same in full, together with the record title of the cause In the Circuit Court of the State of Oregon for Morrow County. Northern Pacific Railway Com pany, Dan P. Smythe, James Carty, Jack Hynd, John Kilkenny, A. Hen- riksen and Henry Gorger, for them' selves and all others similarly sit uated, plaintiffs vs. John Day Irriga tion District, M. D. Clark, C C. dark, Edward Rietmann, F. A. Mc Menamin, F. R. Brown, Lewis and Clark, John H. Lewis, Morrow Coun ty, Gilliam County, and Umatilla County, defendants. This cause having heretofore been beard, all parties appearing, either in person or by attorney, an I the court having made and tiied its find ings of fact, and conclusions of law. based thereon, and upon the record in this suit, it is adjudged and de creed, That at all rimes mentioned in the pleadings in this suit, the John Day irrigation District was, ever since has been and now is, a duly and leg ally organized and existing irrigation district under chapter 357, of the General Laws of Oregon for 1917 and the acts amendatory thereof, and supplemental thereto. that the contract made and en tered into on the 2nd day of June, 1920, by and between the John Day Irrigation District, and the firm of Lewis and Clark and John H. Lewis was when made, a valid contract, and said Lewis and Clark and John H. Lewis are entitled to and must be paid in full, fair value of all work performed under said contract, in cluding the reasonable and neces sary expenses incident to said work The court being unable from the record to find the amount of com pensation due to said parties except that twenty thousand dollars should be paid on said contract, it is fur ther decreed that the warrants of said district issued to John H. Lewis, and being warrants Nos. 81 to 124, both inclusive, shall be paid by said district, and that all other warrants iroied to said ra-ties or either of thfm, should be and the same ati 1 cieby cancelled, and the payment ti.treof enjoined, and new warrants sb nil be issued by said tcard of di-E rectors of said irrigation district to is sa'd John H. Lewi's for such sun if ; any above said sum of $20,000 as 5 mav be found by the board tt be: E due him, or which he may recover jsiilllllllllllllllllllllllllillllllllllllllllllllirt in an action at law against said dis trict. It is further decreed that the con tract between the John Day Irriga tion District, and Lewis and Clark and John H. Lewis, mad-2 on Janu ary 4th, 1921, was ultra vires., and same should be and hereby is can celled. That of the warrants of said dis trict issued to F. R. Brown the fol lowing should be and are hereby cancelled: No. 6 for $362.50; No. 9, for $22.70; No. 22 for $107.58; No. 54 for $112.00; No. 70 for $122.00; No. 240 for $210; No. 174 for $345: Nos. 182-183 for $272.75; Nos. 187 188 for $99.50; and No. 212 for $193.99, and that new warrants be issued by the board of directors in lieu of said cancelled warrants in such sum or sums as the services of said F. R. Brown may amount to, said services and expenses to be paid in accordance with the resolu tion of the board made on Septem ber 2, 1919 and fixed at $50 per month as compensation while in Heppner, and $5 per day and ex penses when away from Heppner in his official capacity; and only such compensation and expenses as earn ed or incurred since the organization of said district shall be included in said new warrants. That the warrants of said district issued to F. A. McMenamin, the fol lowing should be and are hereby cancelled: Nos. 228 to 237, both inclusive, for $500 each; and No. 28 for $600, and that new warrants against said district be issued by the board of di rectors to said F. A. McMenamin, in lieu of said warrants Nos. 228 to 237, both inclusive, for such sum or sums as the board may find to be p;irry pay his or its own costs, and disbursements, except that the John Day Irrigation District shall pay out of funds now on hand, the sum of $10315 to J. S. Beckwith. Court Re porter, as its share of the fees of said reporter. Dated May 22nd. 1922. Gilbert W. Phelps, Judge. FOR SALE Two-man Inquire this office. combine, tf. SOTICE TO CREDITORS. Notice Is hereby given tht the un dersigned, has been duly appointed by the County Court of the State of Ore gon for Morrow County, administratrix of the estate of John Garside. deceas ed, and has duly qualified as such ad ministratrix. All persons having claims against the estate of said deceased are hereby required to present the same. with the proper vouchers as required by law, to said administratrix at her home at Heppner, Oregon, or at the law office of Jos. J. Nys, at Heppner, Oregon, within six months from the date of this notice. Dated and Brat published. lay of June, 1921. CORNELIA liOTEN, this . County Court of the State of Oregon !th for Morrow County, and has qualified ; as such. All persons having claims ; against said estate are required to file Administratrix. the same properly verified, at the office of Woodson and Sweek, my attorneys. In Heppner, Oregon, on or before six months from the date of first publica tion hereof. A. U CORNETT. Administrator. KOTICE TO CREDITORS. Notice Is hereby trlven that the un dersigned has been appointed admin istrator de bonis non of the Estate of Andrew J. Stevenson, deceased, by the Date of first publication June 1, 1931 FELL BROS. Auto Repair . Shop Fords A Specialty Oils and Grease No-Nock Bolt Fell Bros. End of Willow Street, East of Patrick Hotel illlllllllllllllllllllllllillll!IllllllllllllllMII I Public I i Sale I 1 55 HEAD OF HORSES AND MULES 40 head of mules and 15 r bead of horses, at 5 I Condon, Oregon I Sat., June 17 IP. M. J. H. KNOX, Owner. GILLIAM & BiSBEE'S COLUMN & A Men's Store ForTheWorkingman I have a complete stock of work clothes, from which you may select just the garment best suited for your work. WORK PANTS of every description. Full stock of WORK SHIRTS, including the "BIG YANK", the most popular work shirt made. . LIGHT BAREST SHOES. I have the famous WEY ENBERG SHOE, the shoe that is made the strongest where the wear is greatest. A Men's Store For Men David A. Wilson EVERYTHING IN MEN'S FURNISHINGS Obituary IN 1921 Shell Fish! DO YOU ENJOY SHELL FISH! Oysters Clams Crab Served in any style to your order. Our Sunday dinner should also attract you on these warm summer days. Bring the wife and have dinner with us. Elkhorn Restaurant Heppner Our Business Ice Cream Made from Pure Sweet Cream and Milk by Morrow County Creamery Company Phone in your orders for picnics and parties Our Service Will Please You DIED NOW SHE'S DEAD AGAIN, We don't know where she gone to, only trust for the best. But trusting won't do: that is : what caused her death. I i Bring some money instead! of flowers to the funeral. i Gilliam & Bisbee Harvest With A Harris Combine The Cheapest, Most Satisfactory Way Karl L. Beach, Morrow Co. Agt. Write or call on me at Lexington, or see JASON BIDDLE, Heppner r mmsMmiMmauBMsmimimMm STAR THEATER Legal Guarantee GiveM So neW ol Knih-no pain continue work. Ask to see Gle-o-nil Pile Treatmeot. PATTERSON A SOU Main Street -:- Heppner, Oregon JEWELERY The new store in Odd Fellows Building, Heppner NOW OPEN FOB BUSINESS Complete Line of Diamonds, Watches and Jewelery Swiss Watch Repairing F. L. HAEWOOD FRIDAY, June 9th Thos. H. Ince'g great drama of Life and Love, "Lying Lips" featuring House Peters and Florence Vidor. From the jewel-bedecked parlors of London's aristocracy to the sweeping stretches of the Canadian great Northwest! Then back again to London over a storm-swept high sea which caught two souls In a horrible whirlpool of a hideous fate. The strange love affair of Nancy Abbott will arouse every heart in the universe. You will go home talking about "Lying Lips" and you'll live a happier life for hav ing seen It aio movie: chats SATURDAY, June 10th MART MILES MINTER in "The Little Clown" A real honest-to -goodness circus story, using a real circus with lions, elephants, bears, coyotes, monkeys, not to mention the famou trained goose, "Mike," and the famous horse, "King George," fat was a daughter of the circus. Dick Beverly was the son of an aristocratic Houthern family. Dick loved Pat In the circus but realized that she was different from the girls of his own class when he took her to his home. Making a lady of the fun loving little clown, who was good at turning cart wheels but not up on social usage, proved a very difficult task; but love laughs at family traditions, even when the family scowls. Also fSCIIKE! MAfiA.INK and CARTOONS. Don't Fail to Attend the Big Northwest Mounted Po lice Show TONIGHT Absolutely New and Intense ly Interesting SUNDAY & MONDAY, June 11 & 12 WALLACE BEERY and LEATRICB JOY In A Tale of Two Worlds FROM THE FAMOUS STORY OF THE SAME NAME BY OOUVENEUR MORRIS Love, Mystery, Drama In the Heart of China town. The story of little Sul Sen, stolen from white parents during the Boxer rebellion and brought up as a Chinese girl; of Ling Jo, sinister tyrant of Chinatown; of Newcombe, bold American who lost his heart to Bui Sen; and of the terrible torture chamber of the Tong leader makes a picture that will live long In your memory. AIo Comedy, "INDIGO SUNDAY" Don't Ml It TUES. and WED., June 13 and 14 MARGUERITE CLAYTON and CREIQHTON HALE "Women Who Wait" A drama with the tang of the ocean, the sweep of the sea. A powerful play of sea-faring folk dis closing the clash of wills when men love and wo men wait. A tale of fisher folk so direct and hu man it will wreathe your face In smiles and streak your cheek with tears. Also Aeoan'a Fable, "FROGS THAT WANTED A KING" and Toplce of the Day, THURSDAY & FRIDAY, June 15 & 16 MACK BENNETT'S COMEDIANS In "Home Talent" A stirring story of stranded actors and high fi nance, featuring a notable cast of fun-makers and novelty photography never before used In any like production. A tornado of Joy with a cyclonic series of punches. ALSO MOVIE CHATS Big Celebration PARKERS MILL, JULY 2, 3, 4, 5, 1922 FOUR BIG DAYS Then is no mystery ak pood oil It must be made from crudes carefully selected for their "oiliness" and stabili ty. These crudes must be refined to preserve their original characteristics and to make them pure. In selecting crudes for Zerolene the Standard Oil Company has the advan tage of its own large production of practically every type of crude. The company is not compelled to use any particular crude because it happens to be the only one available. Crudes selected for Zerolene are brought to our refineries In special pip line. They ar refined by our own patented, high-vacuum process which preserves their "oiliness" and stability. No other refiner on the Pacific Coast use any form of vacuum distillation. No other refiner In the United State use al high vacuum al this company. Purity Essential . Zerolene oil ar pur. This company has al ways considered the removal of all detrimental properties and compounds as essential in mak ing Zerolene. Because of their "oiliness, "stability and purity, Zerolene oils give perfect lubrication, and per mit the development of the maximum power, peed and gasoline mileage of the car. STANDARD Ott COMFANT California) more power fispeed less faction and wear thru Omul Lubrication Heppner -Arlington Auto Stage Leaves Heppner, Hotel Patrick, 9:00 A. M. Arrives Arlington, Grande Hotel, 12 M. Fare $3.00. Leaves Arlington, Grande Hotel, 2:30 P. M. Arrives Heppner, Hotel Patrick, 6:00 P. M., Fare $3.00. Via Lexington and lone Arriving at Lexington from Heppner, 9:30 A. M. Fare 50c. Arriving at lone Hotel from Heppner 10:00 A. M. Fare $1.00. Arriving at lone Hotel from Arlington 4:30 P. M. Fare $2.00. Arriving at Lexington from Arlington 5:30 P. M. Fare $2.50. CONNECTING WITH TRAINS NO. 2 and 18 EAST BOUND AND NOS. 1 and 17 WEST BOUND. J. C. OWEN, Proprietor Another Good Game of BASEBALL CONDON vs. HEPPNER Heppner Athletic Field SUNDAY, JUNE 11th This will undoubtedly be the fast est game played here this season