Image provided by: University of Oregon Libraries; Eugene, OR
About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (July 17, 1920)
U V r
, i ''" .! i,
Wi J&'dL C.;' M.,j;
y; wmrvmmTt viiT it, iotp
rHKEVEWNG. HERALD, KLAMATH FALLS. OREGON
L J. MDRfAX
ar viib kvii
Pabllshed dally. eieat Sunday, fc
1 Herald Pobllshlna .Company ot
Xkuaath Falls, at 116 Fenrth mreat.
tared at the post office at Ktnaa--tt
Falli, Ore., tor transmission tbra
'm avails a second-class matter.
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
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
I ,-. C
m (ystKv'ir' 7 riam . t rm
LONE STAR'S DANDER
ROUSED BY SLANDER
(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
Tho' If that' his best, he'd better
His scrawl was In tho form of a
And 'to Judge from bin prattle he's'
not all at honic:''
But many there are In this same tad
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
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.
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.
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 .
How widely it'a read by everyone,
And many and great are the compli
ments paid, '
By old and young by frisky and J
And once In awhile you'll find a bird. ,
Like this one Is a stray from the,
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)
For as loag-aa we write it the col
rm bis ciosiBg spasm am ior a
That once In a year will raise a '
Bat onr "staff" Just suits most folks
so It wouldn't do,
To change It to suit the "defec
And so in closing were polng-to
That we sympathize with the.poor!
bird's fate: ..- .
"Tls strange how the gods will paTsa
'In the giving of brains', tho' I know
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-
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 '
MMMMMMMMMWKr'1MLl i Is
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!
260 ft frontage on Sixth Street with R. R. Spur at a
big sacrifice. $6,000X10, terms.
For Rent: New Storeroom, N. W. Corner 9th and
Klamath Avenue 65' X 108'.
J. T. Ward & Co.
834 Main Street
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 ... ...
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.
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
9 W M a . .-
. 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.,
Chase ft Sanborn'. Coffee, 2 lbs.,
Swift's White Soap, 18 bars
SUCCESSORS TO ROBERTS ft WH1TMORE
1 107, It la bald tUt a tax levied is
;' -.; ,.
' . 1
iw 7 rr,-Tiimmm-miitp.pifnimimH