The Evening herald., November 07, 1919, Image 1

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0FKIClAli PAl'MB W
OFFICIAL PAPEB Of
4
KMMAT1I PALM
KliAHATB COUNT!
Fourteenth Year- No. 3762,
KLAMATH FALLS, OREGON, FRIDAY, NOVEMBER 7, 1919
Price, Five Cent
flEEUENTON j
WRIT TANGLE
BE AT LAST
m'fjerliiiiiM'- Attornrjn Axmini llio
County Court Tlmt I lent ruin I iik
Again"! I'aj "' r ''' Claim
Will II" IMtiI"HMl nt Once
Tho flnnl agreement that moans
the dismissal of tho Injunction
ajilnit tho payment or Klnmuth
county wnrruntB woh coiiBummiitoil
last evening, whon J. T. H. Lyle, nt
torney fr tho Woyorhausor Timber
Land company, stipulated with
tho county court of Klamath county
thtt tho restraining order would bo
dismissed and nil unpaid warrants
may In tho futuro bo roduomod by
the county treasurer as thoy fall
due.
This action comns as tho result
of months of negotiations betweon
I owners of tho timber lands In this
f -nuntv and frlondH who have been
anxious to boo this groat Htlgmu re-
I mored from tho credit of Klamath
county. Tho prlmo mover In tho
whole affair, and tho man to whom
the real credit for tho final consum
mation of tho plan should go. Is
R. A. Long, I'aclllc Coast manager
of tho Woyorhausor company. From
the beginning ho wns against taking
the drastic stop of repudiation and
since tho Injunction was issued ho
has been wultlng for a favorable op
portunity whon ho might movo to
bring about Its dismissal.
This opportunity prosontod Itself
last spring, whon tho budgot Bystom
uas put Into forco In this county.
This law brought to an end any
chanco of unreasonable profligacy In
the oxpondlturo of county funds,
and It was then that Mr. Long todk
up with tho others tho question of
dismissal. Aftor extended corres
pondence and several conferences,
tho last of which took place about
to wcekH ago In Tacoma, an agree
ment was rcachod providing tor tho
dismissal.
Somo plan will bo worked out
whereby refunds will bo mndo to
those whoso warrunts havo boon dis
counted, so that thoy will bo paid
the full face value.
On Mari.li 4, 1914, tho Woyorbau
ter Lund & Timber company, the
Western I'aciflc Land & Timber com
pany and tho Oshkosh Lnnd & Tim
ber company appeared Hoforo tho
federal court in Portland and asked
for an . Injunction restraining the
county treasurer of Klamath county
from paying warrants to tho amount
of 3(55,000, that had been Issued
in excess of tho $5000 limitation sot
by the stato constitution. A tem
porary Injunction was issued, and
this was made permanent on Jnnunry
25, 1915. Slnco that dnto about
half of those warrnnts havo boun
paid undor n stipulated ngroomont,
but, in connection with tholr pay
ment, tho holdors woro obliged to
accept a discount, amounting in
somo cases as high as 25 per cent.
This discounting has boon bitterly
opposed by many who novor had any
warrants, tho contention bolng that
tho county was In honor bound to
pay ovory warrant at faco valuo. To
rcmovo this blot on tho good faith
of Klamath county, somo plan will
bo worked out to rotund thoso dis
counts nnd rostoro Its credit to Its
rightful placo.
Atfornoy Lyle loft for Portland
this morning, whoro ho will appear
before tho fodoral court tomorrow
and ask for a dismissal of tho In
junction. In connection with tho
nnal disposition" of tho question, Mr.
Lyle last ovonlng submitted to the
county court tho following stato
whlch Is a qulto completo history of
tho ontlro case:
' Novorubor 7, 1919.
o tho Honorable County Court of
Klamath County, Klamath Falls,
Oregon.
Gentlemen : For Bomo tlmo wo
u een gathering data upon which
w base a conclusion as to tho final
Disposition of tho suit which was
i!f.te?on Ma"h 41H. n the
i.nied states district court at Port
'na, covering Klamath county gen
IsVr wrrantB t0 the amount of
ii?n..V000' and th0 Preliminary In
Y....t'?n, "tered January 25, 1916,
"Btranng the payment of the war-
w? except 0B orr t the court.
The gathering of this data has in
cluded rnrruHimmliMiMi with K L.
Klll( tt of Klamath Fulls, as uttornoy
for tho pri'Hitnl county court; II N
Day, tlui plaintiff In the orlglnnl
iiiiltH cos,iriiiK tho Hiimo war! mils
lllod In the circuit court of lCliimnth
county, and a conforciico with
Mi'MsrH Klllott, Charles J Forguson,
uttniimy of record for It. N. Day,
nnd John L, Winters of Portland,
Kipri'HDiitliig some of tho warrant
holders
Tlio cnrresiiondnnco anil confer
ence) revealed tho fact that tho com
ing of now county olllcers who were
not In possession of all the facts
relative to tho basis of tho suit, and
Mm fiipremiimil ulilnli wnu tufiKlrml
out with rofcrenco thereto, has been
tho cnuso of niuiiy natural mlsundor-
niuwuiiiH ruiuiivo 10 ino wnoio mai
ter. Hoforo announcing our conclu
sions, u deem It advisable to give
II vi, rv lirlnf avnntiul if tit.. Imulu
m .w. u. au. ..wjuKn w. in u uiinin
of the suit and tho results which we
nopu 10 oiunin ny me sun.
In Jnnuary, 1911, a new county
nnltrt tnnlr nfflfn wllti UH1I.iivi U
Worden as county Judgo. This coun
ty court Immediately embarked on a
vory elaborate program of public ox
penso. In fact, It might bo snld that
for the next threo years there was
an orgy of spending public money in
Whnn thlm rnnntv pmirt tinlr nf.
flee. Klamath county had an out
standing warrant indobtcdncss of
$91,978.25, and $74,174 had beon
levied bv the nrovlous countv court
for tho year 1911. Tho noxt year
the county court levied $l.i7,ii96
and tlio roiiowing year zai,azi,
making a total of S255, 075 raised
in taxes more than would havo been
required had tho levy of $74,174
fixed by tho provlous county court
ns required for the annual needs of
Klamath county.
In addition to theso h ugo levies,
nnd In doflanco of tlio constitution of
Mm Qlnli. nf flrnpnn which llmltH the
dobts of counties to $5000, tho coun
ty court as men consiuuicu, ihsuuu
u'lirrnntu liv Ihn wholesale, so that
on Jnnuary 1. 1914, Klamath county
had outsanciing general mnu war
rants to tho amount of $514,382,
..1,1 Mi with nrorunil lnlnriHt. hrnuellt
tho debt of Klamath county up to
approximately $600,000, so that tho
county court had In threo years ex
pended $855,000 more than any pre
vious county tcourt In any thrco
yoar porlod.
In this connection, It should be
rnmnmhnrnil fl1n that Klamath
county, during this porlod, felt tho
wnnnt.nl nltimtl In hllfllnnHR COndltiOnB
which provallod all over tho Pacific
Northwest, bo inai mo uuiiuy iu
pay on tho part of tho taxpayers of
Kinmnth county was loss than It had
beon for a number of years.
Tho result or. mis rocmess piuu
of oxpondlturo of public funds was
that tho point had boon reached
whoro anyono doing business with
general fund county warrant ui
Klamath county, would havo to wait
laiuiiidii air nnd nnvnn years boforo
his warrant could bo reached for
payment. It was inovunuio, inero
r., imt Kinmnth county warrants
ohnn'trf hn sold nt a discount ns low
as 60 cents on the dollar.
This meant that wnen a warrant
.., flnntiv nnlH tho taxnayers of
It UO lll.. ,... -
Klamath county wculd have to pay
1 An hr nvnrv (lnllnr's worth of
supplies bought by Klamath county
It did not tako much of nn ex
amination of tho situation to con
vinco nnyono that a continuation of
tho reckless plan of expenditures
spoiled unrfnclal ruin for Klamath
county.
Needless to say, all theso things
.ii.i tnkii ninco without protest
from many of tho tnxpnyors of the
wi II.. In 1m fnll rt 1 0 1 l I
couniy. riimiiy, i" ; ",- ;
n m rini. In linhnlf nf hllllSOlf nnd
other taxpayers of Klamath county.
started a sun in ino circuit un "i
Klamnth county in seoking to en
Join tho payment of tho warrants Is
sued for purposes which did not ro-
lato directly to mo conuuct ui mu
ordlnnry affairs of tho county.
iiri.li.. i imcn milts were nendlngi
tho Woyorhauser Land company.
Western rncinc L,anu iiniuw ui
pnny and Oshkosh Land & Tlmbor
n,ln mi Inrlnnntirlnilt. Ill
vostlgatlon nnd camo to conclusions
of their own on mo budjuki.. iub
companies woro reluctant to tako
any stop and took tho position that
If thoy could bo assured that the
orgy of expenditures would cease
that thoy would bo willing to put
up their shnro of tho amount of
money roqulrod to redeem tho war
rants thon outsandlng and lot tho
mattor drop. Howovor, whon Judgo
Worden nnd his associates announc-
.i i. nl.. InrnrmlmiHnn to continue
on tho same .program and to Issue
. i ll.nn nnmrtn lia
mora warranis, uimu Biunmu.
camo to tho conclusion that nothing
remained but to tako a definite step
to tho end that Klamath county
could" bo brought back on a sound
financial basis. As a result of their
,i..i.tnn nn indnnnndent suit was
started in tho United States district
court at Portianu on marcn i, i",
with thoso throe companlos as plaln
.i Ti.i a anil- Involved warrants
to tho amount of $365,000, Issued
by Judgo Woraon ana nis usauci
ntos on tho general fund of Klam
ath county. Tho suit did not cover
warrants to tho amount of $155,
000, Issuod for tho necessary run
ning expenses of tho county Itself.
iirkn iii nnnllnnllnn for tho nro-
vv I1U11 Wl v..-..- --
llmlnary Injunction camo on for
hearing, Klamath county. Judgo
Worden, C. Q. Merrill and John Ha-
iii tiin turn rnimtv commls-
sloners, were roprosontod by Judge
Lionel B. wenBier ui imuauu. v..
R. DeLap, county clerk, 0. C. Low,
v.i ami T W. RlnmanH.
county treasurer, were represented
by Messrs. Kuyxenaau tc rersuaon,
and a Urge number ,pf the warrant
CENSUS TAKERS
INTl
An examination for consus cn
utnurators will bo conducted to
morrow by Postmaster W. A. Del
zoll, who stated this morning that
ho would try and make arrange
iiients today to securo tho council
chambor of tho city hall for the
purposo as there aro not sufficient
facilities at tho postofllco to hnndle
the applications.
Candidates aro required to havo
a card of admission from Dlsttlct
Huporvlsor Terrell, of Wasco, to
whom they aro njoqulrcd to have
submitted an application for tho
enumerator's position. There )hos
beon considerable inquiry regard
Ing tho work for several weeks past,
said Mr. Dolzell and ho expects
qulto a class of applicants.
Tho test consists In filling out a
sample census blank nnd the ac
curacy, rapidity, spelling, English
and ponmanshlp qualifications dis
played In tho task will constitute tho
primary tests of fitness. Character
Indorsement of two business men of
the community is necessary.
Tho work of taking tho 1920
census will stnrt January 2. It Is
expected that municipalities will
completo tho work In two weeks and
In order to make this possible a
largo number of enumerators are
nocded. The agricultural districts
will tako longer because, more data
will bo required, such as livestock,
agricultural and horticultural fig
ures and a mass of detail that tho
city dweller escapes. Besides the
remoteness of many communities
will mako It a hard task for the
enumerator to reach them, especial
ly ovor winter roads.
Tho oxamlnation will start at 9
o'clock.
holders were represented by Messrs.
Stono & Gale of Klamath county.
Thn innttnr wna nut ftver until n
conference was held at Portland In
tho early part of May, at wmen wore
present an tno mem Dors oi tno coun
tv finnrt Jnrifrn Wnhnter. Mr. Onln
of Stono & Galo, Mr. Kuykendall,
mo writer ana it. m. uuy. Aiiur wo
had been In conferjenco for somo
limira thn tnnmhpra nf thn rnnntv
nnuvt ilnctti.A1 In tallr with Mr T.nnfr
vico-presldont and general manager
OI mo weyernauser uaaa compuuy,
and, pursuant to a telephone request
from mo, Mr. Long camo to Port
land that afternoon.
When the conference was re
sumed, Mr. Long, speaking for tho
ntnlnllfTu In thn forinrnl nult. mndo
tho statement that It was not their
purpose to prosecute tne suit to
until judgment so as to uavo an iuu
it'Drrnnli dnelnred void, but It Was
their purposo to see that the county
court Ulu not nauKrupt iviumuui
county, and that, inasmuch ns the
county court was violating tho law,
It was the purposo of thoso compa
nies to bco that tho law was obeyed
and, as a solution of tho difficulty
with rofcrenco to tho warrants
which were then in court, ho made
tlio proposition mat it ino coumy
rarart wnnlH ninko nnnual tnx levies
of from $100,000 to $125,000 and
use tho money to pay tno oiustnna
ing warrants of Klamath county,
that as many warrants as could bo
paid from tho tax levies would bo
pfiinnunil frnm thn Inlunction each
year, and that tho offoct of this pro
cedure would oo tno sumo uh u iiie
dobt of Klamath county had beer
tnirnn nn hv liniwl Issue with a cer
tain amount to bo paid each year.
Mr. Long also suggosteu tnui una
mattor bo submitted to tno warrant
hniiinra tn sua if thnv would airreo
to It. Mr. Long also stated that It
was tho deslro of himself and nis
associates that ovory warrant should
i.n nnlil nt nnr. horn use while many
of the warrants issued fraudulently
and In many cases ror less man par,
ho wos convinced that a largo num-
Knw nf Mman wnrmntfl hnd linen sold
to lnnocont holdors, and, therefore,
It would no impraciicauie to atiemiit
to pass upon tho morlts of each In-
.lli.tHiinl wnrrnnt. "
Tho summer of 1914 passed with
out any action Doing tnKen on mis
proposition. In tho fall, negotla-
iIamu worn ncrnln resumed, but no
conclusions were reached. Again, In
Docember, 1914, niter juage iiuiikb
i,,i imnn nlnetnd tn succeed JudKO
Worden and Mr. McCornack had
succeeded Mr. Merrill as county com
missioner, tho parties again enier-u
Into negotiations.
Tho proposition made by Mr.
Long In the spring of 1914 was about
to go through whon wo ran into an
other obstacle.
It seems that when It became
Irnnron In Kinmnth FnllR that It WaS
proposed to pay all the warrants in
full with accrued interest, mm. oumu
of the taxpayers who had been in-t-,inA
with n M. rinv In tho suits
then pending in the circuit court
at Kiamain fans ana umoio nn
had not been interested tn any suits,
objected very strongly to this part
(C9Ue oa HK
isi'MjI;ti.v
WASHINGTON, D. C, Nov.
7 Tho first clauso of tho
treaty reservations drawn by
tho Foreign Relations commlt
tho preamble requiring three
of tho other great powers to
accept the reservations,
was
adopted by tho Senate lato to-
duy nfter many efforts to amend
It had failed.
MIDNIGHT FIRE AT
WARREN CO. PLANT
Flro nt 11:45 last night threat
ened destruction of tho Warren
Uros. plant for heating street sur
face material on Market street.
Tho flro department made n quick
run to tho plant and quenched tho
flames that woro blazing on tno loof
tcforo serious damage raultrd.
Tho flro started from the hooper
where tho crushed rock is mlxel
with hot asphalt. T.'jo mixture
attains a heat of 300 degrees and
cftcn Ignites adjnfn'ng beams, but
tl! time tho tlnber broke Into t.
tlff blaze bef irj any of the em
ployees dlscovoivd the danger
SCHOOL BUDGET
ELECTION TODAY
In order to Increasa the school
budget of the coming year, a spe
cial election Is being hold this aft
ernoon at tho Central school. The
polls opened at 2 o'clock. The es
timated amount needed to cover all
expenses for the year is $48,000, of
which $23,000 must be raised by
district tax. As this Is more than
tho amount raised by district tax
lost year, plus the 6 per cent limit,
the special election Is necessary.
JfEALOUSY CAUSES
WAR OF AMAZONS
"The female of the secies is dead
lier than the male" said Kipling and
reports from Chiloquin of a free for
all fracas between women of the
Shasta tribe and residents of the
reservation would seem to bear the
poet out. '
Apparently the casus belli, as
figured out by eye witnesses, was
Jealousy of the visiting Shastas,
which caused a concerted offensive
by resident wives of the reservation.
Hair flew in handtuls in a melee
that lasted three-quarters of an
hour, stopping when both sides were
exhausted without de'clslvo victory
to either.
A report that one of the Shastas
had been shot as an aftermath to
the fracas, was not conflrmnble, by
Inquiry among local peace officers,
hospitals or physicians today, and
Is believed to bo a rumor, as the
Chiloquin resident who told of the
riot said the nio'St sorlous casual
ties were a couple of bad scalp lac-
halr wero violently removed and
hair werevlolently removed and
sundry bites and scratches.
i
GOOD RESULTS
Despite the bad weather this
morning, Fire Chief Miller reported
this afternoon that tho Clean-up and
Fire Prevention Day campaign was
working and that good results would
bo attained.
Brighter feather this afternoon
encouraged tho youngsters to gather
salable stuff and a tew wero be
ginning to show up at 2 o'clock with
collections.
SIXTY MORE NAMES
ENROLLED IN CITY
County Chairman Walton reported
60 additional names in tho Red Cross
roll call drive at noon today, but
stated that the industrial plants and
county precincts had not yet been
heard from. The 60 members, with
the exception ot about a dozen from
tho Industrial district, are scattered
roturns from city precincts.
. The musical recital given by the
pupils ot Mrs. Don J. Zumwalt last
night netted $41.25 tor the Red
Cross.
H
MINISTERS FILL
OFFICE VACANCY
Tho Ministers' association met
yesterday and elected officers. The
following pastors were chosen to of
ficial positiens: Tho Itov. C. F.
Trimble, president; tho Itev. S. J.
'Chaney, vice-president, and tho Iter.
m r
Lawrence, secretary and treas-
urer.
Tho election was made necessary
by tho departure to Cottage Orovo
of the Rev. S. Hararlck, Methodist
pastor, creating a vacancy In the
presiding position. The regular elec
tion Is held in January.
Tho session decided to unlto all
local congregations Sunday night In
a wclcomo service at the Methodist
church to the new pastor, the Rev.
Mr. Chaney.
A Thanksgiving service in which
all congregations will Join wlll.be
held Thursday evening, November
27, at The Christian church. The
Rev. E. P. Lawrence will preach the
sermon.
MILLS ADDITION
SCHOOL ACCEPTED
The city school board yesterday
accepted the Mills Addition school
building from the contractor and It
will be occupied for school purposes
as soon as possible. The new build
ing is a model from an efficiency
standpoint and fills a great need in
the section of the city served.
EUGENE WANTS
NATRON GUT-OFF
The Eugene chamber of com
merce is actively calling attention to
the desirability of completing the
Natron cutoff to link the Klamath
and Lake county sections with .the
Williamette valley, says the Port
land Oregonlan.
In a report of Its committee on
extension of roads and travel be
tween Eugene and Klamath Falls,
thn Knernnn organization cites that
the shortest operating line of travel
between Portland and Klamath
Falls Is now 509 miles, that the
projected route by Bend would be
415 miles and that the completion
of tho Natron cutoff would make the
distance between Portland and
Klamath Falls 308 miles.
It Is also pointed out that with
this lino 107 miles shorter than any
other route to Klamath Falls, the
line would also provide rail connec
tion between Portland and San
Francisco 30 miles shorter. The
resolution adopted is to be trans
mitted to each of the commercial
organizations in Klamath and Lake
counties, nledglnpr assistance of
Eugene In tho movement for conv
pletlon of the railroad. The con
clusions are embodied in the reau
lutlon as follews:
Resolved, That our represen
tatives In the state chamber of com
merce bo requested to present this
resolution to tho state chamber of
commerce at its noxt meeting, ask
ing their adoption of the same; and
with tho proper authorities, for the
early completion of tho railroad
known as the Natron cut-off, to the
end that this great undeveloped
empire consisting of Klamath and
Lake counties may bo afforded an
opportunity for development, and a
means of transportation and com
munication with the capital, the
metropolis and the balance of
stato.
the
FOOTBALL TEAM BRAVES
STORM-SWEPT HIGHWAYS
Tho Klamath county high school
football squad left this morning by
automobile for Ashland, where a
gnmo with the Ashland team was
scheduled for this afternoon. Despite
tho stormy weather tho boys decided
to brave the passage over the Slskl-
yous ratner than taKO tno round
about ruoto by train.
GRAND JURY SESSION
POSTPONED FOR WEEK
Because ot the continued illness
ot Jeff Wilson, a member ot the
county grand jury, the session ot
the grand "Jury has been adjourned
until next Thursday. The Jury was
in session one day
DESTINY OE ELK
IS
Forty Animals Near Fort Klamatb
In Danger of Execution Unless
Fund Is Raised to Feed Them
This Winter Annoying Ranchers
Unless Klamath county sports
men take enough interest in tjia
maintenance of tho Fort Klamath
elk herd to raise a fund to feed the
animals through the winter, tha
whole herd will be shot and tha
meat distributed by the Red Crosa
or through some other state or
local charity, said C. F. Stone, mem
ber of the state fish afad game com
mission, who returned last night,
from a meeting of the commission in
Portland, armed with full authority
to decide the fate of the elk.
It will take about $500, Mr. Stonft,
estimates, to carry the animals
through the winter. Hay is obtain
able In the Fort Klamath district.
There are about 40 elk in the herd,
which ranges over the territory
drained by Seven -mile creek, west
of Fort Klamath. ,
The elk are the original herd'ot
13 which was placed in the district
three years ago and their Increase
during three years. Since snow
started and natural feed became
short the animals are making raids
on farmers' haystacks and the
neighborhood Is wroth at their
depredations. It is believed that
arrangements can be made with em
ployees ot the forestry service to
feed them through the -winter. itth
hay is furnished, and thus prevent
annoyance to property owners' or,
the vicinity.
''The commission gav me 'full
power to act in the matter." said
Mr. Stone. "There is no fund la'
the commission's treasury to provide;
sustenance for the animals, so it is
up to local sportsmen. I do not
want to have the elk killed and will
oo all I can to arouse Interest and
secure contributions to maintain tne
herd through the winter and fre.
farmers from their annoying depre
dations. "If there is not sufficient interest
to preserve the elk and a wholesale,
execution becomes necessary, th
individual hunter will not profit by
It. The meat, In conformance to tha.
commission's regulations, will be
donated to tho Red Cross for distri
bution, or if they cannot handle it
somo other channel will be
selected."
LOCAL WOMAN IS
CALLED BYDEATH
Mrs. Winona Saloman. wife ot
Claude E. Saloman, who lives at the.
Townsend flats and is a carpenter.
died yesterday afternoon at 2 o'clock.
She had been ill for some tlme'and
an operation was resorted to la3t
Monday In hope of benefitting her,
but failed to prolong her life.
Mrs. Saloman was 41 years old.
Besides her husband she leaves, a.
son, Weaver, and a daughter, lone,
both students at the Klamath coun
ty high school. The tuneral arrange
ments aro not completed, but it will
probably boheld Sunday.
UTAH GRASSHOPPER .
CAMPAIGN SUCCESS
SALT LAKE CITY, Utah, Nov.7
Crop pests were fed thousands ot
tons of poison In Utah this summer
with the result that losses are said
to have been unusually small.
Grasshoppers alone, In this state,
were ted during the summer 12,000
pounds of arsenic, mixed In a form'
that made it palatable. County
crop pest inspectors prescribed tho
diet, 463,000 pounds ot which wu
fed, tothe grasshoppers.
A school for county crop Inspec
tors is being planned for next Feb
ruary, to ba held at Logan, Utah,
where the state agricultural college
is located. Here will be studied
ylant diseases, ravages ot crop peita
and methods best adapted for their
extermination.
DEPENDENT
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