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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (July 17, 1920)
i-u- i- U V r 1 M 0, 4 , i ''" .! i, Wi J&'dL C.;' M.,j; 1'. 4 y; wmrvmmTt viiT it, iotp rHKEVEWNG. HERALD, KLAMATH FALLS. OREGON PaMfiM ' L J. MDRfAX ar viib kvii Pabllshed dally. eieat Sunday, fc 1 Herald Pobllshlna .Company ot Xkuaath Falls, at 116 Fenrth mreat. "S tared at the post office at Ktnaa--tt Falli, Ore., tor transmission tbra 'm avails a second-class matter. FOR SALE t'. i-1i VaV x.k 'i'di m . i. v a aT ' v . T wl.v . . . i- .1 BATVRDAV, Jt'LY 17,' IMO I i w p r -- ' ' "'-' j ' ......... Tht Evening Herald contenders for America's cup 2 CUT MNar 1 J J. k t 3 '"I ' -." -.1 ,i"!- A.,i d A 4aV i v. i ; ...ixri ..i "i pi" Tf i X 11 . ' CJUZ JVuI.Asr . v r -& r.v I ,-. C m (ystKv'ir' 7 riam . t rm . : i i i ' I? LONE STAR'S DANDER ROUSED BY SLANDER MM a (BY LOSE STAR) A letter to this office came From a bird who's ashamed to sign hit name: "Twas supposed to be an attempt at wit. Tho' If that' his best, he'd better quit. His scrawl was In tho form of a "Pome" And 'to Judge from bin prattle he's' not all at honic:'' But many there are In this same tad tate i So we'll lend him our sympathy 'stead ot our hate. We hare found In our writings both here and there. A tew who have driven ua near to despair: Bereft of brains bereft of wit: And In this bunch this bird teem ' to fit. I m19HllHHHilsHBHslsBHKB ji w 2 1 9MMMMMMMMMMMMMMMMMMMBsiMHBMGflMKflstfftHsittsi3si9MKpP i i Iwm ri i i is s i iajnannanni ?4 czw0mmsmmmrmsmmknt tm m ! A 14 acre Factory site on R. R. juat outaide City Limits, level, dry and hat' quarter mile frontage on County .. Highway. x $7,000.00 104 ft by 100 ft S. W. Corner 5th and Klamath Avenue, now improved with two five-room dwellings. $15,000.00, terms. alto 28 ft. frontage on Main Street between Sth and 6th improved with two story strictly modern brick build ing, full basement, 12 rooms and bath up stairs, steam heated. '$30,000.00, terms. all '1 The rhalleaarr. riir Thomaa Upton' Shamrock llll, British baronet I" roMllng n fourth trial for the claw He aaya our Jokes are alt "the bunk" . challeairer won the flmt race of the serien Thursday. In fact our column's a "bunch ofi Junk:" I KT with which the Ic trophy. The Bnt It's funny when all Is said and J j . -Avva,.; a . aone i How widely it'a read by everyone, i And many and great are the compli ments paid, ' By old and young by frisky and J staid: ' And once In awhile you'll find a bird. , Like this one Is a stray from the, herd. GSJ'..t.. 71 I So let him babble, and let him rare. And envy the brains that to others ( t God gave; i And as for the rest, why we'll have) oar fun,' For as loag-aa we write it the col amn'll run. rm bis ciosiBg spasm am ior a tyle. That once In a year will raise a ' aalle: Bat onr "staff" Just suits most folks so It wouldn't do, To change It to suit the "defec tlve few. And so in closing were polng-to state "' That we sympathize with the.poor! bird's fate: ..- . "Tls strange how the gods will paTsa some by 'In the giving of brains', tho' I know 'not why. Bo my friend, when you come to our column each night. Why Just pass it up if you don't ""--j-s think it's right: 'BUlt to enjoin the aald action at law, For hundreds of otters blessed with and ask this court to give a Judg- .good sense, ment against Klamath county for the Will continue to read it, and still gura of $92,675, which It Is alleged pay live cents. s charge against said special court- .house fund. OPINION OF JUDGE ' It l claimed by plaintiffs that tbla HAMILTON IN SUIT '" ,he amount due on th.elr contract for having completed the courthouse 4 ir-yx . v'.' " j Jr.vevt if 9k. I ' snnnnnnnnSuky is MMMMMMMMMWKr'1MLl i Is nnnnnnnHkjgVtJVsUsTi M nnnnnnnnnnnnnnnBPStr't?Bnl nannnnnnnnB E annnnnnnnnnnnnBnVBnnBBnnvBBHB tSBjE HVt P-H-HtVHP-BsltnfB-9 '-l H! t -m aiTaiai i r i i nf TtT Mi t . L.A.'! i ' 'rf - - nW k! 1 WMmammammmmmmmmmmummmMmLam9ii''' 260 ft frontage on Sixth Street with R. R. Spur at a big sacrifice. $6,000X10, terms. also For Rent: New Storeroom, N. W. Corner 9th and Klamath Avenue 65' X 108'. J. T. Ward & Co. 5 t r r f ? ? t T -? r T t 't t ? ? T T Aft. Phone 375 834 Main Street Wrrt TIip Itroolnto got off to n RfMxl Mart Thnnulay nnil looked like n sure winner, bnrnapprl her lialjanU anil wait fovml to withdraw. any olllcer for any distinct and spec I moneys of Klamath county havo from jlfled object, no portion of them shall year to year slncn 1909 been collected 'be polil or applied to any other ob-jand received by thu officers of said IJcct or. purpose without du author-1 county for n distinct und specif led Ity, but shall be kept a.sopar.itc fund piirponc. to-wlt, to construct a court for such specified object." Of this house upon the site adopted In 1913; section, Chief Justice Mcllrldn nnys:jtliat a largo portion of said fund hus "It was evidently pntsvil with .the In- been so rxpended. , Itentlon that n County Court could The contract rntrrvd Into with not undnr thn prot.-xt of provldlnK a plaintiffs whereby said moneys so fund for a specific pjjrpoie, such as remnlnlDK would bo diverted to an nl- Improvement ot county roads, rec- together different purpose, I find to tlon of n courthouse or Jail, ncctimu- have tici'ti nlthoiit authority of law Into an amount of money In the It appuars from tho evidence that treasury anil thereafter break faith at an early dato after It bacanm with the taxpayers by nppblng It to somo other purpoto." knovsn that the county Jinlxn and commissioner of Klamath county hud (Continued from page 1) on said let 35. J I take it as a proposition bf law i ... ... f T Invalid where there Is a falluro to comply the budget law; and to tne same effect la m Oregon-Wash. It b. N. Co. vs. Johnson, 87 Or. p. 243. It Is doubtless true that It a consid erable amount ot money Is to bo raised for construction ot a highway or structure In oreder to conform to the spirit of the law and to fully In form the taxpayer, It should be mentioned. - It la clear In the Instant cause that at a date as far back as 1909 Klam ath county selected a site, the lot 10 In Hot Springs Addition, upon which county commissioner acting with him ",00 familiar to require quotation of Uaued to plaintiffs three warrants of authorities, that' even as against one aald county In part payment on sald:who i, without knowlerirn of d.f.M.' contract amcuntlng In all to M1.S4S. . t0 the Jur,d,,t,on of fl nilhH J Tb county court, elect, upon assum-.V:0rl)01.ation to contract, th.t h. u-.to build a coiirthou and ntahii.h Ing the duties of office, immediately charged with knowledge of the limVe a "Pcclal "" 'or that purpose notified plaintiffs of the repudiation ,ation. and restraints upon the pow? The location of this site then met by Klamath county of said contract er of the cbrnornte hodv fn nr '"with opposition, and finally In a con. ao entered Into between plaintlf a and . , , connecton t of tested suit found It. way Into the' their predecessor. In office. It ap- requlrementl( of ,he ,,w , ' "-, Supremo Court of Oregon. In Mur- pear, that at that time plaintiff, had T. .' mTl i . .." " .' ' efon:dock vs. Klamath m,.ntv. R2 n, . ' The budget law referred to has'Vntercd Into tho contract with plaint mndo It yet moro necessary that n,ff. the cltlicim of tho county Inltl- contemplated public Improvement atcd a recall election, and on thu .shall be submitted to the taxpayers. ,22nd day of April, 1918, new officer. The record fully .hows that the ape- of Klamath county were eloctnd. And tclal fund so created for tho now 'after the now officer, wera elected, courthouse was to havo been ex- they Immediately gave plaintiff, no- pended on tho site referred to In Mur-( tire that. Klaiaalh.coun.tr would not( dock v.. Klamath county, supra, anil comply with llio said contract! Nev-' .there ha. been expended In It. con- erthcless, plaintiff, proceeded with .tructlon $140,000. the work, and the officer, of Klamath There I. in tho evidence no pre-'county were by Injunction procoed tense or any other fund being cre- Ing. prevented from in any .way Inter- atcd. .N'or I. there a suggestion that ferlng with plaintiff. In , tho perform- the matter of tho abandonment of nnce of the contract. Plaintiffs Insist the Hot Spring, .lie was ever at any i that although tho dofendunta eon tlmo brought to the attention ot the stnntly refused to comply with the taxpayer, of Klamath county. .contract and did not want the court- It appear, from tho evidence that house which they were building, yet that they had tho legal right to carry out thu agreement according to It terms, and ask a court of equity to direct specific performance. Tho brief, filed havu been exhaustive and the subject has been ably presented by ccaimel, 1 am, howeler, iinalitu to agn-q with this view In Itlchards ' vs, Manltowlc and N Traction Co , 110 Wis. I' 86; 121 N. W I'. 738. the law is ntnleil us follow "Duly two days hud elapsed from tho tlmo of giving and acceptance of the order, and u lurgo und sulmtautlal part, per-hap-t tho principal part of lint con tract wun their not performed and tho contract , executory There Is no .doubt that thu refusal of thu defend ant to perform Its part unless plaint- Iff would consent to u inodlflrutlon ,iik a total breach of the contract. Hut notwithstanding tho brea'ch, tha plaintiff had no right to proceed and perform tha contract which was ox ecutoryjil tho time of breach and. re rove rthb 'full valuo of tho completed Jok. HI. remedy was to recover dam age, for tho breach and proceed no further with performance of tha con tract on hi. part. Tho theory, obvi ously, of tho appellant la that plaint iff aftolhu contract was made had a right to procoed and complete It, notwithstanding tho order of defend ant to proceed no further. This I. (Continued on Page 8) . ..,..,,..,..., i .i. ... . a"t la ""an no levied on estimate -...-... .......,, ... w,. ,,, not commenced the construction of h fc of the M8S' ln a (iucMon rendered August fcald building on lot 36. There was aJn" f 0 "oVed to 'be 6th' 1912' ,n nn """n w""" V i aome material placed by plaintiff on TaUJ;.Za fTthe ensuing Ju"'- "". l-U hJ I7nd,rml,P""ha,:!!,l' r..and such estimate pM.h J'-f-- ? A" C"Unl' ?-. K"- material mudo by plaintiff which nn.i nnr..rinnitv . o .. .. ""' uuniy was suBiaincfl. Again the ZVf0.aPIdrhon'n1J0r th Cn8,rUC" ",e,e d"""0" """owed In r,6ht ot ,he Co c1urt """ WK thn . i I ... . m ihv tnTfltlnn n nriAAlnl fttwl - th, I It appears from the evidence that ,.hl. ,,,, ,.., ...,.., ....,' erection of said eourthnu.. thn..vh be fully Itemized showing under aep-' tbQ Kendal '"nd for the county wait arate head, the amount required for ,n aoDt m MCcs. of the constitution each department of government ,a "m't wa. presented to tho flu. preme court In the case of Oben chain v.. Daggett, supra, and In an by suit, of Injunction Inbtltuted by the direction or assent of plaintiff., Klamtatb county, through It. repre sentative!), ha. been continuously en nnH ntoi tnw .tin ...., ...,. ..... Inlnrd ,m In on ,. I. .,.! ' """' " "" """'""'""I """' Th ni-ilMir: ,: 7n ::::: :'"". at,on and maintenance of each pub i..r. wrv , ,1,: ... V ,1 ,,c U,,m'r' and ah nan " tull their work In the erection of aald,H ,., j,..,....., .. .u HHM .WM.f,v.v UI.VIU.UfO U 1UO EUH- balldlng until Its completion. It la admitted that Klamath coun ty at the tlra eof plaintiffs' contract was indebted In an amount exceeding tbe sum of 1150,000. It also appear, -that tbe pre.ent ort commenced an action at law to rworer from them Ua sum of 41, Ml. wblck It was allagad ka4 seen waahlly MatrVkr UapUHf. VlaiitUtf coBMBMd tka yrsMst tempjated expenditures from tbe money or' moneys propoaed to' be raised by taxation showing tha amount of each public expense." Session Uws of Oregon, 1913, Chap. J34. Tbls statute, knows as- tbe bud get law, baa received Interpretation by tbe' Supreme Court of Oregoa. la tata as ral vs.. JobasoB. SO Or. p. opinion by Chief Justlco McDrlde filed December, 30tb, 1913, the right of tbe County Court to create said special fund for tbe purpose of building a new courthouse was up held. In construing the several sec tions of the statutes of Oregoa, such power, was found Vested la tber Coun ty Court. Particular reference was made In tbe, Court's opinion io Sec tion 3(76 Ja-'O. LI. which read as tellewat t'Wbaawaay, assays' aballj mt bsm Miiaews or received by mHHKH4HMHIHHHH 9 W M a . .- JKlttS IALK . AND HPRT APR QOMf THAT APR UfM niMr a Derm ab npnm x ::v;Tni:..::zT,.v.v.i...v.::r."f"TL' aK.vv,i nuM iu SVA MmM Ba IK mw 'ST IIU g aU BL aw JBV - m bkj aa m'M-U-M aTJ aTmBI I BT ST" WM aT spb W m m mmm a. aaaw m . -"' wiVE.iijniiwii wun I uu, uuit a I uke, IS HLAU )I artpr a. FOR SUCH BARGAINS. ' Chic Pood ,.Bfl.OO CHt. Gold Dust Special irOc pkg. I'alm Olive Special lie bar Wild Rose Soap '. .c bar Itose Bath Soap He bar Pop Corn Special...... I7c lb. Folgor's Tea, black or green, Itegular 60c lb Chase ft Sanborn's Coffee, 1 lb., Regular 66c Chase ft Sanborn'. Coffee, 2 lbs., Regular 11.25 Swift's White Soap, 18 bars ,.1.00 ...11.00 SUCCESSORS TO ROBERTS ft WH1TMORE 1 107, It la bald tUt a tax levied is ;' -.; ,. ' . 1 iw 7 rr,-Tiimmm-miitp.pifnimimH MaWWM)VMiajsjlH