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