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OflVKIAL &
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KLAMATH OOMQV
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Fourteenth Year No. 3974
KLAMATH FALLS, OREGON, SATURDAY, JULY 17, 1920
Price) Fir Co
I
rniiDT nmnrc
FOR COURTHOUSE;
IN HOT SPRINGS i
JUIXJMKNT '
. '
:
almhhthhkatkn to
DIIIVi: OUT TURK
LONDON, July 17. A throat
to ilrlvu thu Turk from Europe
"onro und for all" l contnluud
I ttlltorlnl
THE COURTHOUSE DECISION
COMMUM8T8 KHCAI'K
FROM I'ltlHON COXVOV
Tho (Incision Just handed down by Judge Hamilton mum bo accepted a .
tho law by thu peoplo of the county, until a higher court affirms It orj MERLIN, July 17 Bela Kun,
e former Hungarian communist
reverse llin onlnlon nf thin (llxllnvillahcil lurlit. If ninkpi nn ,llf frpnr '
Whlrll fiti nt Mm rnllrttmliaa nllMllrtn n luirann mnv i.o nn n , o.lmlt dictator, and 0 nUmbef Of OthCT
In thu allied reply to tho lurk- mt iuiiKe ttatnillm aocliitA tho questions Involved on the law. ns be saw lt. Communists, who wer6 being
I. objection to the peace ,, WM (n n way ,nfuenccd by oUler lhnn a tlct interpretation of the transported from Vienna and
treaty mad.) public hero today, ,.. , ,,,. ,. ,,. ,..iinn ih.i hi. nnii ,i. h ,hB,' nussla, via Germany, escaped
Ight follow Tur- h0U,j )0 ,H,lteij ,UBnncr that will be for the best Interests of the' frora tho ,raln nMr Oderberg,
court of the
for Klamath
COl'ltTHOUHE
In the circuit
slate of Oregon
county,
J, M. Dougan company, a co
partnership consisting of J, M.
Dougan and It. K, Chrlsman;
and J. M. Dougan, plaintiffs,
vs. Klamath rounty, et al, do
tendinis. Ilased uppn the finding of
fact and conclusions of law filed
herewith In the above entitled
court and cause:
It Is hereby ordered, adjudged
and decreed that plaintiffs' ault
herein bo and I hereby dismiss
ed; that tho restraining order
heretofore Issued be dissolved;
and that tint 'defendant, Klam
uth county, It. II. Ilunnell, llur
rtill Hbort, Asa Kordyce and O,
K. Van lllper recover from
plaintiff their costs herein In
curred. J. W. HAMILTON.
Circuit Judge.
Dated July 1.1, 1920,
OPINIO OF
Hitch action m
key's rufusal to sign the treaty
or her falluro to give It effect,
the roply statu. Tho tlmo limit
for Turkoy to make known her
decision eiplrv at midnight,
Jlilv 17.
'
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-"I
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RUN IN
DDUGAN SUIT
BULLETIN
Following Is the opinion of Judge
Hamilton In full In the suit of J M
Dougan ft Co. against Klumatb coun
ty, lis county court, et al'.
In the circuit court or the state of
Oregon tor Klamath county.
J M Dougan company, u co-nan- BANDY HOOK, July 17. Yacht
nerahlp consisting of J M Dougan rare called off, account of time limit
und It. K. ChrUtnan; and J. M. Dou-J m
gnu, plulntlff, is Klamath county,1
rt ul, defendetits.
Opinion i
This rontrnierny urine over the
county, namely, what shall be done now move Into the Main street court
house or finish the Hot Hprlngs structure? ,
We have no desire to see this controversy continued by eitendcd lltlga
tlon nor by hasty action, and we would suggest that before any definite
action I taken that all the parties concerned meet In conference and see If
some middle ground for settlement cannot be reached. Once before The
Herald offered a suggestion, which l( adopted at the time would have dis
posed of tho courthouse question over year ago. That solution Is not
practicable at this time. But It would offer (or the consideration of both
sides this:
Let the county move Into and occupy the Main atreet building. As we
understand the matter the stricture It the property of the county to do with
It as It sees fit. Let us use It. Then tell the Hot Springe building to the
school district, making the best bargain for the people of the county that
business men can make. Then transfer the money now In tho courthouse
fund and that realized from the gale of the Hot Springs property to the road
fund and use It In building a system of permanent highways. We believe
that I hi would create a fund of a'quarter of a million dollars for a work
that this county needs.
Ily following such a program no one would be Injured and a queatlon
that ha disgraced this county for over a deca.de will be disposed of In a
manner that will reflect credit upon Its people.
according to a Breslau dispatch
to the tterllner'Zeltung.
'
CONGRESSMEN
The contract for tin building of thu construction of a'courllioune In Klum
Main street rourtliouio win entered uth county, Oregon In the year
Into without legal authority and I 1909 It wus determined by the county
void, hold Judge J W Hamilton of 'Judge und commissioner cf said
HcRiiburg, In a decision received here enmity to provide fur the erection of
thl morning In the action of J. M.
Dougan ft Co , rontractori, against
Klamath county and thu members of
,.the rounty court , JTherefoiv the
court dismisses the ult, dlnnolves the
restraining order heretofore Issuud
-.against the use nf the courthouse
a suitable courthouse; they made us-
tlmatt's of leviv of of astensmenu of
taxes required for. such purpose, and
created a special new courthouip
fund to be used In the construction of
the building.
In April, 191 S, an order was duly
building fund, and gives the defend-) mudo by the county court of Klamath
unts, It. II Bunnell, county Judge, county .eluding lot ten (10) of Hot
llurri'll Hhorl and Asa Kordyce, coun- prlng addition to thu city of Klum
ty ruinmlMlmiera, and (1. K. Van alb Kail a the situ upon which
IlllMir, county treusurer. their cost said courthouse building should bu
Incurred In the action, erected
The derision will bo appealed at' The action nf said court In creating
nnce, C. K. Stone, local member of by taxation this special fund for thu
Dougun's counsel, slated today, und .erection of a courthouse was tho sub
In tho meantime a stay of execution Ject Of litigation, nnd by n decision of
will be sought and a bond furnished (he supremo court of Oregon tiled
to secure the stay. This will not pro-1 December 30, 1913, In case of Obon
vent the county court from going ham vs. Daggett, 68 Or. I. 371, the
ahead nnd completing tho Hot .action or ine court was sustained
Hprlngs courthouse If so Inclined.
Judge Humllton'a decision, It Is ad
mitted, gives them the legal right,
.although the expediency of compter
log the Hot Springs building until
the supreme court has ruled upon the
litigation Is another question.
"It Is my firm conviction," said
plaintiffs attorney, "that the decision
It not sound In the logal points de
cided, and will be reverted by the
higher court. Judge, Hamilton's legal
ability la above .question, but he
tudled tblt. case for only a few
weeks. We have studied It for two
years." .
There la In the neighborhood of
$80,000 In the courthouse fund at
present, It la atated. ' Attorneys for
the county hold that the decision of
Judge Hamilton, while not In any way
ao speclfylag. laya the basis for re
covery of approximately 41.00 paid
Dougan from the fund.
Batlmates by archltecta at to the
cott of completing the Hot Springs
courthouse vary, running from
around 1100,000 to $200,000 Testi
mony by several archltocta and con
tractors during tho hearing of tho
caso hero waa that by substitution of
lest oxpenslvo matorlal than wat con
sidered In original estimates the cost
could bo reduced to from anywhere
from f 100,000 to 1137,000, but tho)
It a wldo lutltudo of opinion.
Tho ccurt'a findings are In effect
that In April, 1913, iha Klamath
county court telectod a courthouso
alto In Hot Sprigs addition and In
the tamo year started, erecting a
building. On March 20, 1918, an
other tlto for a .courthouso wat te
lectod on so-collod Lot 38 on Main
atreot, adjoining the old courthouso.
Somo material was placed on tho
ground and other material ordered,
whon the county court (the personnel
of which had changed to the presont
offlco-holdora).notlflod tho contract
or to ttop work, that the county
would not accopt tho building.
Rogardlesa of this notification, tho
In 1913 actual construction of tba
building on said lot 10 was com
menced and the levies of taxes for tho
years 1913 and 1914 -wore made e.
,peclally for the completion 'of said
ouiiuiog, "worg was continued
thereon and "progressed until Janu
ary, 1916, when the walls were com
pleted, the root on; the third floor
Including tho jail wat completed, and
the electric light and plumbing con
nections Installed.
One hundred and forty thousand
dollars had been expended. A spec'l
tax waa levied la the years 1915,
19H and 1917 for the alleged pur
pose of new eourthouae construction.
Of this fund ao raised 19,633.61 was
used in paying warranta Issued prior
to January. 1, 1915, for work per
formed and material furnished on
Hot Seringa eourthouae. -Jibe bal
ance of this fund, coaalattag of money
on band and delinquent taxet,
amounted on March SO, 1918, to
1184,765.46. ,
On March 20, 1918, the county
court .of Klamath county, acting
through the county Judge and one
commissioner, entered Into a contract
with tho plaintiffs herein for the
construction of another courthouso at
Klamath Falls on lot 35 In said city
ut the contract price of $131,756.00.
The cltlxens of Klamuth county at
a rocalt eloctlon on April 22, 1918,
rocullod the county Judge who bad
o'ntorod Into thla latter contract, and
at tho tame time olected tho present
Incumbont to the office of county
Judgo of Klamath county.
On the 20th day of April 1918, tho
judgo who wat recalled with ono
(Continued en page 4)
pourt finds, the plaintiff wont ahead
with the work. Hit conclusion It
that said contract wat an attempted
diversion of moneys from the spoclal
courthouso fund and that the at
tomptod contract wat mado without
legal authority and In void.
RESOLUTE LEADS
IN START OF
SECOND RICE
SANDY HOOK. N. Y July 1J
Thu ilesoluto crossed the starting
line ahead of the Shamrock today in
the second International cup race.
The Resolute seemed from the shore
to work better than tho challenger.
The air was light, however, and tho
skipper of tho Itesolute won all hon
ors at the start.
Klttcen minutes nfter the start the
Honolulu was a quarter of a mile to
windward, holding the Shamrock
well. At 2.05 both yachts were
holding tho starboard tack, tho Res
olute to windward and tho Shamrock
trying to get ahead but unable to
cro the defender's bows. The Res
olute had the race well In hand at
2:30 and 2:35 when the yachts were
nearlng the flrst turn, showed lltle
change In position. Seen from Long
Beach, 15 miles away, they appeared
to be sailing neck to neck.
The Shamrock rounded the tint
mark 17 mlnutea behind tho defend
er, unofficial time.
wmmm
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EHBflUD
N LUMBER
CONCERN MS
BIG PURCHASE
IIILDWM
PUBLIC UTIUTy
LOS ANOELE8, July 17. Reports
of Investigators of the Department
of Justice on the shortage of gaso
line In 8outhern California Indicate
the possibility that certain compan
ies are Illegally curtailing the pro
duction of oil, J, Robert O'Connor.
United State District Attorney, an
nounced here.
Mr. O'Connor said he would con
fer with these Investigators and if
tho Information then laid before him
boro out early reports he probably
would proceed against these produc
ers under the Lover act. Ho had not
decided, he added, whether proceed
ings would be through the medium
of a grand Jury Investigation or the
cases taken Immedlatley Into court
United States Commissioner.
Initiative petitions to have placed
on the November . ballot a proposi
tion to make gasoline a publlo utili
ty were put In circulation rhert to
day.
D. D. Lyons, Ios Angelea County
Registrar, extended to midnight Sat
urday, July 17. the time for filing
the petitions, which officially expired
Wednesday.
Mr, Lyons said ho "would take
that ttop because he believed tho
gasoline problem one, which Ate peo
ple should solve for themselves."
TACOMA, July 17. A rigid In
quiry Into the explosion of a six-Inch
Hold gun at the Camp Lewis artillery
range yesterday which killed three
men and palnfully wounded five
other members of the Oregon coast
artillery' of the national guard, fWae:
under way today,
The Investigation thus far shows
that only a poor fiise or a possible
flaw cf the shell could have caused
the fatal accident.
Tho dead are: Corporals Edward
G. Scott and Clyde R. Dunblnger of
Marahfleld, and Private Ralph Fraley
of Ashland. Tho Injured Includo
Private Herbert E. Peterson, William
J. Make, mechanic, and Peter Mlrra
soul of Marshfleld, and Private Ho
bo rt Elhart of Ashland. The. others
Injured were regulars.
Governor Olcott and wife narrowly
missed being Injured In the tragedy
aa they left the gun only a few mln
utea before the e plosion.
BIB FOBEST FIRE
A forest tire that started yeeterday
In the Long take district la atllt rag
ing today, wttk a big crew of fire
tlghterr at torn at tag- ta ckack. It. More
men were dispatch. tMa afternoon
from thla city to relaceeee-the flgkt-era.-
TIM tjre la la tkt Wegenmaaer,
Western-Pacific and. CarJaty timber.
Report wfc receive tata afternoon
that, the Christy. taUU weav aertaasly
menace. One rMtit.taht-.tbm.mllj
wea. emntiag.
' The. Are It aaleVtavte ragtag .furi
ously, leaaJig Beit rntte ban spacea
and gulllea (a tUipcogreea. I,
WEST COAST LUMBER
MEN'S WEEKLY REVIEW
PORTLAND, July 17. One hun
dred and twenty-two mills reporting
to West Coast Lumbermen's associa
tion for the week ending 'July' 10,
show a total production of 35,833,411
toot. ,
Production waa approximately 58
per cent below normal due to the
holidays and the numberv of close
downs tor mid-season repairs.
New business totaled 49,616,923
feet which wat 38 per cent above pro
duction, and 7 per cent above thlp
mentt thtpmenta totaling 46,059,
748 feet.
The unshipped balance In the rail
trade waa 6,684 cars.
In the water trade unshipped do
mestic cargoea totaled 61,366,568
feet. Unshipped export cargoos, 67,
466,421 feet!
At the recont Rose Day celebra
tion In 'honor of Queen Alexandra,
Mary Plckford, who haa been spend
ing her honeymoon In London, paid
flvo dollars apiece for Ave little roses
to wear for tho occasion,
BEND, Oregon, July 17. The
Brooks-Scanlon Lumber company
announces the purchase of 26,000
acres of timber, a sufficient supply
to last their mills for many years.
The tract adjoins the former hold
ings of the company on the east and
south.
The deal was mado through the
agency or Hunter Staats, local
timber operators, representing tho
Northwestern Timber company, and
themselves Interested to a consider
able extent In the property.
While no consideration was made
public, It la understood on good au
thority that approximately $1,600,
000 Is Involved In the deal.
The tract thus transfers! Is 32
miles" from Bend at Its ncare.tr point,
and 50 miles distant at Its farthest
boundry. It is 12 mlle in length
and of varying width and Is lortted
la Deschutes, Lake and Klamath
counties.
Mb aaaklag the' tale to M. J. Scab.
IdV rfeVpreildwttof tor Brook
Scraalon Lumber company. Hunter
ft Stoat, who are pioneer residents
of this section, have achieved an old
ambition of guaranteeing that the
lumber In question would be manu
factured In fiend.
The Northwestern Timber com
pany, which relinquished ownership
today, acquired possession in 1910
from the Manistee Lumber company.
H. K. Brooks of the Brook-Scanlon
Lumber company made the state
ment that at the present rate of log
ging the new property will probably
remain untouched by saw or ax for
another decade.
HI
m
OREGON VISIT
IMPBFSSEO
With reference to the late trip of
the congressional appropriations com
mittee on their Inspection of the vari
ous reclamation projects, Mr. Hetk
erlngton, assistant secretary of the
Portland chamber of commerce,
writes to President E. B. Hall of tba
Klamath chamber as follews:
"We were glad to be able .to ac
company' the appropriations commit
tee on Its trip through the state of
Oregon. It gave ua a first hand Idea
of how the committee waa Imareseea
Ith the possibilities of the partic
ular section cf the state throaga
which It patted. Several of tbeat
who bad .previously made the 'state
ment that they wontd not approve et
any further appropriations of money
for tbe reclamation of western arid,
lands, were fully converted to tba
advisability of now Increasing appro
priations and proceeding with tho
work aa soon as money It available la'
tbe reclamation fund.
"This committee was very muck
Impressed with tbe people which It
met throughout Oregon. The chair
man here In Portland made the state
ment that It was very apparent to
him that the chief factor of succeea
was that the chief factor of success
was present, namely: That of an en
thusiastic and determined people. Al
together this trip was a most decide
success, and, as a representative or
the .Portland chamber of commerce,
we wish to thank you tor the many
courtesies shown the delegation from
this chamber,"
PRESBYTERIAN
1MB
UNIVERSITY OF OREOON, Eu
gene, July 17. Standing committee!
of the synod of Oregon, governing
body of the Presbyterian church of
the state, have been named by Rever
es William- Moll Caee, of Eagene,
who waa recently elected moderator
of the tyaod. They include:
Bills and overt Rev. L. Myron
Booter, of Medtord, J. M. CorntUut,
of Pendleton, and B. L. Eddy, ot
Roaeburg.
Resolutions Reverends A. R.
Evans, of Portland, Elmer C. McVlck
er, of Moro, and E. H. McDonald, ot
Nyaaa.
Presbyterians records Reverend
Charlea W. Hayet, of Portland, chair
man; Reverend! Loult M. Anderson,
of Myrtle Point; A. H. Gammons, of
Jacksonville, and L. A, Doble, ot Irri
gon, Qrande Rondo; Reverends Wil
liams Westward, cf Baker, and J. W.
Huff, of Baker, Pendleton; Rover
ends James Alkln, ot La Grande, J.
Y. Stuart, of Whlteto, and W. O.
Beatty, ot Cottage Grove, Portland;
Revoronds William Balrd, of Baker,
C. C. Babbldge, ot Umaplne, and Alex
Houston, ot Portland, southern Ore
gon; Reverends H. E. Ollet, ot Port
land, J. C. Morglen, ot Enterprise,
and W. T. Reevet, of Btanfleld, Wil
lamette. Finance Elders Wilson Benoflel,
and L. A. Wiley, both ot Portland.
Roverond W. H. Nugent, of Port
land, was named as vice moderator ot
the synod.
(e
WEATHER REPORT
OREGON Tonight and Sunday,
unsettled weather, probably thunder
storms In tho'mouutalns.
o i -
A -. , r
INHERED HERD
WILL CITHER
t
SALEM, July 17. The Marshtiel
delegation ot Elks, coming In a train
of six special coaches. Is going to be
a strong contender for the next an
nual session ot tho Elks of Oregon
when the question comet to a vote at
the third annual convention, to be
held In thla city July 22-24.
Tbe antlered brethren ot threa
other citlea will come In special
trains, according to word receive
here, and It la expected that the east
ern Oregon contingent will hare OM
and possibly two specials.
Besides Marshfleld, Roseburg Etka .
are tending a delegation too large ta
be accomodated on the regular aaa
senger trains and Astoria la alto ta
send a special.
Aside from the Portland delega
tion, which will consist ot 1,500 Elks
beaded by a 45-plece band, the Mc-
Mlnnvllle lodge promises to hare eaa
ot ihe largest outside delegattoaa.
and .will hare special headquartera.
here throughout the convention.
REBEKAHS INSTALL
OFFICERS FOR YEAR
Thursday evening the Prosperity
chapter ot the Rebekab lodge held its
regular meeting and installed officers
for" the coming year. Alfrelda Stla
mett, district) deputy president, con-
ducted tbe Installation.
Following are the respective otjh-
cers: nettle Garrett, nooie graao,
Fannie Virgil, vlfe grand; Alice Ooel
lor, recording secretary; Nellie Wat-
tenburg, permanent secretary; Ade
line Coter, treasurer, Irene Louckt,,
warden; Louise Humphrey, conduct
or; Herman Smith, chaplain, Henri
etta Brookfleld, R. 8. N. O.; Flora
Emmltt, L. S. N. O.; Jessie Momyer,
R. S. V. O.; Ruth Avery Palmer, L. 8c
V. G.; Jennie Hum, I. O.; Carrie,
Hlgglnson, O. O.
MOTHER, SEVEN CHILDREN,
BURNED TO DEATH
BONNERS FERRY( Idaho, Ju,ly
17, .Mrs. John Roesca and tares
children were burned to death at I
o'clock thla morning, when their
home at Copeland, 20 miles north ot
hero, was wat destroyed by tire.. The
husband escaped. The coroner' ha
gone to Investigate. . ' ' y
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