The Evening herald. (Klamath Falls, Or.) 1906-1942, October 11, 1920, Image 1

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    MMllMan "iViVuyjun
olfrg JEmmmrt,
official vAVKn or
KLAMATH FALL
AWMMWWWy
Fourteenth Year No. 4046
KLAMATH FALLS, OREGOff,' MONDAY, OCTOBER 11, 1920
Price Five Cent
y . , ,. ,
JgJ J B MW III r K1JMA'tn oowir
CDSTS MONEY
TO GO TO LAW
.When tho Yankee farmer, ex
hausting all other possibilities of ar
gunwnt, finally yelled In the last
throes of antcry exasperation "Con-
earn ye, I'll have the law on ye," be
realised that ho was resorting to his
FIGURES SHOW
most potent threat. Tlm dlsputaUltJol-jase-before-the-Medfordjsentatlvei-6i Roumanla Serbia and
tlous neighbor might bravo pitch
forks nnd wave aside a menacing
shot gun but when threatened with
tho unrockoned possibilities of lltl
gutlon the most hardy and head
strong came to n considering holt.
"fr 'nMr h i'l r. ..r.. iU nw
on ynwnod lliun at (tin fret of th
thrrulunrd nnn . If his antagonist
Invoked the law, hit could lie sure of
one thing alonn that lie was In Tor
n long nnd rosily -xirrlcnrci In tlm.
coiiiIh. tin iiilglit or ln mightn't
win, but tin knew Unit Im would pay
for tint luxury of nettling his quarrel!
lit tlm courts.
I.'vi'ii the coiiimon or factory run
of lawsuits nrn produced at prices
that put thorn In tlm luxury clans',
Occjisluaalyrou.ijuL-4iiu uxtraonll.
nary plero of HtlKntlon, llkit the ense
of Jitriulyce ngalnst Jamil) Co, or
Daugnri nKulnst Klamath county,
that wits a high watur mark In drag-
glng delay and costliness.
In the past two years, the Herald
showed In a recent article, attorney's
bills In the Klamath county court'
house case, have In claim, paid and
pending, have totalled upwards on'
fic.ooo. Lest unthinking person.
believe that this represents the'
sum total of cost to dale, It may bo
well to call attention to a few more
of the largest Item of expense, grow
ing out of the suit. (And In It bu re
membered that Dougan' proceeding
In equity now before the courts does
not exhaust his legal possibilities. If
ho loses hero he can resort forthwith
to a law action. Hamilton's decision
Indicated that tlm court bollovrd If
Dougan had any standing at all, It
was In law Instead of equity.)
For Instance the cost bill rendered
after tho circuit court hearing of the
Dougan suit wits (1702, or which
$703.62 have been paid. Attorneys
for Dougan have filed protest against
tho bill as n whole and especially
as regards tho large foes claimed by
expert witnesses, Nevertheless most
of tho expert architects and other ox
pert witnesses have recolred their
money.
Two of the bills allowed and paid
on the trial cost bill wore Hoblnson,
Hours ft Newell's claim for export ac
counting, I32MS, and William 8.
Worden, former county Judge, who
drew 1212 as an export witness,
showing that others besides archi
tects nnd attorneys aro high priced
help In n lngnl action.
Mrs. I,. II. Hague, stenographer,
during the past two years has col
lected I937.G5 for services to tho
county court unit district attorney.
It docs not appear from the record
what, part of this amount has n di
rect connection with the llllgutlon,
hut It Is believed that most of It may
be nttachod to tho courthouse, con
troversy. Mileage for trips by tho county
court In connection with the suit
total 1327.20, The bills hnvo beon
paid from the current exepnse fund,
an unauthorised diversion of that
particular fund according to crltlca
ot tho present county court.
Architects aro almost as high
priced as nttornoys, Is shown by tho
record, A. V. Heldo In tho last two
years haying rocolvod 42G8.ri4 for
plans for finishing tho Hot Springs
courthouso, desplto I ho fnct that
whllo this bill wns bolng Incurrod tho
original plans drawn by K. E, Mc
Loren or Portlnrin, drawn at tho In
stanco of a former county court,
were In existence.
While tho Main stroot courthouse
was In course ot construction a guard
was maintained over tho Ht Springs
courthouse. I J. Dowllng drow n
total ot $F88 for guard duty.
The foregoing Items make a total
of close to 17000 mora growing di
rectly out ot the courthouse litiga
tion, and added to attorney's tees
previously discussed, put the grand
total for two years close to $25,000,
with minor expenses not taken Into
consideration.
Dlckeas often acted In-private the
atricals).' ,":
COPPERF1ELD FREED
ON ARSON CHARGE
David Copporflold was acquitted In
tlm United Htnti's tllMrlct court at
MiHlford Hatunloy of h chnrgu of nr-
son, urlslng from tho liurnliiK of ii
house owned by Mrs. Corbnll on thu
Klamnth reservation In Aug. 11118.
Cooierfluld was accused of hnvlng
set flro to thu houso from spiteful
motives.
Cooporfled ws dofonded by II. M.
Manning, and his acquittal was the
third secured by the local attorney
during last weok, with no convic
tions. Copperfleld's case was (he
session.
Archie Chlpp'nnd Frank Hoover
pleaded guilty to Introducing liquor
Into the reservation and distributing
It to Indians and worn fined $100
each and sentenrod to snrvu
iliiililllll
-rn rhn MuilllUllluh luuuly
jail.
Toy Ilrown, who drank soma ot
tint liquor, pleaded guilty to a una nit
lug his brother. Floyd, with n shut-
.gun and was sentenced to six monthai,,,atcm,,llt wn" "fatso.'' In
In tlm Multnomah Jtill
Floyd was
'slightly wounded In tho back
Tho Injunction Is beginning to bo
a choice weapon In local court pro
cedure, Its latest us being to re
strain tho county court, In a suit
brought by C. It. Do Lap, county
clerk, against It. H. Uunnell, Judge,
nd Ilurroll Short and Asa Fordyco,
commissioners, from Interfering with
thu clerk In awarding tho printing
of (ho ballots for the November elec
tion, The county clerk claims that he U
designated by act ot legislature to
award tho ballot printing and, his of
fice alonu Is empowered to let this
printing. Acting en this Interpreta
tion of the law ho lot this year's bal
lot printing to the W, O. Smith coin
puny. Thu printers went ahead and
ordered supplies and are ready to
start work this week.
At Saturday's mooting the county
court nwardod tho contract for print
ing tho ballots to W. H. Mason, of
the Klamath Itcrord, and, It Is said,
throatunod to have tho county clerk
cited for contempt It ho did not
changu his position to conform with
tho order.
Saturday ovenlng Judge D. V.
Kuykondall, on petition ot Mr. De
Lap, Issued a temporary order re
straining the defendants from Inter
forlng In uny mannor with tho exe
cution of tho contract entered Into
by Mr. Do Lap with tho W. O. Smith
Printing company, or attempting to
unforco tho order .giving the'prlntlng
to W. H. Mason.
llecauso tho defendants uro In
Salem, where argumonts In tho ap
peal from Judge Hamilton's decision
In tho court houso raso will bo heard
In tho supremo court tomorrow, tho
Injunction order has not yet beon
sorvod on nny ot them.
BROWN EXPLAINS
FAILURE TO FIGHT
Kid Drown, tho dusky bantam who
was billed to box Jlnuny Duffy at tho
Athlotlc club smnkor Friday night,
oxplalns that It was no fear ot Duf
fy's reputation that kept him out of
war, but tho failure ot Promntor
Smith to como across with what
Ilrown consldorod nduquato compen
sation. Ilrown said Smith offered
him $10 for tho bout and holds that
his failure to box for such n paltry
sum Is no proof of n saffron streak
hut rathor shows that be possesses
sound Judgment, In his own language
he sums tho matter up thusly:
"If Mr. Smith, tho fight promoter,
would have donated the said Jack,
Kid Ilrown wouldn't have backed
down. Klamath affords a bunch of
dead game sports und I'm not a ham
sandwich tighter and not hungry.
Mr, Duffy don't have to powder and
blow the burgaon account he couldn't
get a fight. Get some Jack behind
him and the fight la on."
DIVOROKS GRANTED
Divorces were granted In the cir
cuit court Saturday to Wllma F,
McCollum from Ernest McCullom,
and to Joseph I, Beard from Katy
Beard. '
COUNTY COURT
iNJOINEOn
STATEMENT OF
WILSON'S SIDE
OFCONTOVERSr
WASHINGTON, Oct. 11. Tho
whlto house made public today an of
fllcal version" or the president's ad
dress at the 8th plenary session of
tho Paris peace conference. The
oiact wording directed to the repre-
Ciocho Blovakla has been subject to
controversy between the president
and Senator Spencer, republican of
Missouri. The seantor had declared
the proldont hud promlod Roumanla
slxjand Serbia that "It any nation nvr
iiivuueu lueir
territory ho would
sond an Amorlcun army across
tho seas to defend tholr boundaries."
President Wilson In a telegram to
lho senator, October Cth, said this
reply
M,encor ca" tor tlm official record,
- no statement Issued today Is
linscd nn tho taxt of tho official sten
ographer who quolod the prcsldont
as saying: "Tako tho rights of tho
minorities. Nothing, I venturo to
say, Is moro likely to disturb tho
jpcaco of thimorJJ-liiniutho-i -;
I which might, In certain circum
stances, bo muted out to tho jillnorl
tlos and therefore If tho great pow
ers uro to guarantee peace world In
any sense. Is It unjust that they
should bo satisfied that proper and
necessury guarantees bo glvcnT
"How can a power like the United
States, for examplo, I can speak for
uo other after signing this treaty,
If It contains elements which they
do not believe permanent, go 3000
miles away across seas and report to
Its people that It has made a settle
ment of the peace ot the world? It
cannot do so, and yet there underlies
all of these transactions, the ex
pectation on the part of, for example
Houmanla, Csecho Slovakia and
Serbia, that It any covenanta of
this settlement ore broken, Ithe
United Ststcs will send her armies
and hor navy to see they they aro
observed. In these circumstances. Is It
unreasonable tsat tho United States
should Insist' upon being satisfied
that the settlements are correct?"
E
CLEVELAND, Oct. 11. Cloroland
shut out Brooklyn today with a score
of 1 to 0 and havo tho world series
championship almost with their
grasp, Tho gamo waa a pitching duol
between two left-handers, "Duster"
Malls for tho Indians and Sherrod
Smith for tho Dodgers.
The tlda turned In favor of tho
homo folks In tho sixth, the lonely
run bolng mado when Speaker singl
ed und Hums smashed a doublo to
tho fence.
The score was:
CLEVELAND W INS
CLOSE GAM
It. H. E.
.Brooklyn 0 3 0
Cleveland - 17 3
The Llne-Up
Brooklyn Clovotand
Olson as - Sewell
Sheohan 3b Oardnor
Nols rt Wood
Wheat It Evans
Myer r..... cf Speaker
Konotchy lb Burns
Klldutt 2h Wambsgans
Smith p Malls
Mlllor - c O'Neill
a
CALIFORNIA RANCHER
CLAIMS BRIDE HERE
A vory pretty wedding yesterday
aftornoon at 3 o'clock was that ot
Miss Emma C. Stoopa ot this city nnd
William Herrlngton King, a Siskiyou
county farmor, at the home ot tho
bride at 420. Walnut stroot. Tho
houso was attractive In autumn flow-
era nnd vines and the bride was beau
tiful In a lovely wedding gown. Many
friends and relatives of the couple
witnessed the ceremony, which, was
read "by tho Rev. E. P. Lawrence ot
tho Presbyterian church, and an elab
orate dinner was served, i
The young people left tor San
Dlogo and Los Angeles, where they
will spend the winter. At tho close
of their honeymoon they Till return
north and make their homo on Mr.
King's ranch .
UTHLOST
GRID BUM;
WILL PROTEST
.Tho local high school lost the first
football game of the season played
on the home field, to Medford high
with a score of 7 to 0, Saturday. It
was a bsrd-fougbt game from the
beglnnlng-and-tbe-Klamath-fslldwT
put up a particularly hard battle In
tho last quarter. In spite of the
core handod down by tbe referee,
there la a sentiment broadcast about
town that Klamath didn't receive an
exactly aquaro deal. .
When Interviewed this morning
rtobort Ooetz, principal of tho Kla
math county hlgb. said that the
acoro as well as the ages ot at loast
four men on tho Medford team
would be protcstod. This means that
tho dlsputu w lbo brought beforo
tho Oregon High School Athletic as
sociation for settlement.
The rules laid down by tho associa
tion say that boys over 21 years ot
ago aro not eligible for hlgb achool
football or other athletic contents,,
una that schools disregarding this
rule aro llabto to expulsion from
tho lenguo for one year. ,
Tho Medford boys had affidavits
from tbolr parents declaring them to
be under 21, but tho army records
show that six ot tho players are over
21. .A tolegram from the Jackson
county achool superintendent states
that tbe school census which has
been kept slnco Jeff Gentry and Win
ston Vance were four yeara old, show
these boys are 23 and 22 yeara old,
respectively.
There will be a game with Ash
land noxt Saturday, on the home
field. October 23rd Klamath' Falls
III' play Medford In that city if the
dispute la settled and on October
30th they will play In Lakevlew. ;
Saturday's line-up follews:
Klamath Falls
Captain Ted Montgomery .i...Q.
Itussell McCullunt' ...... ....R.- M.
Itobert Flackus ...... ..... L. H.
Frank Peyton ........'...................... Full
Iludolph Slnglor . . .. ,.C.
Itebert Milan ....... . ...... L. G.
Pat Montgomery ........... .. It. a.
Forrest Cooper , ...R.T.
Kenneth Case ... .... ...... L. T.
Ernest Miller L. E.
Norman Mann ... . It. E.
Medford
Itussell Sherwood .... ...... Q.
Lee Watson ..... It. M.
Jeff Gentry .. ... .............. L. H.
Winston Vance ................... . Full
Everett Rowling .... .. ... . C.
George Manstlold L. O.
Will Stochan It. O.
Merle Morrlman ... R. T.
Hugh Brown ............ . . L. T.
Phillip Young L. E.
Captain Elbert Coleman .... R. B
WOMAN PHYSICIAN
CALLED BY DEATH
Dr. Jesslo Simpson, daughtor ot
W. B. Simpson, a former resident ot
Klamath county .died recently at
Banning, California. She waa widely
known as a successful physician and
surgeon and was tor 12 years on the
statr of tbe Southern California state
hospital at Patton. She waa socond
assistant physician at the time ot her
death. Pneumonia, following several
months ot Illness was the cause or
her passing.
Her father was with Dr. Simp
son when tho end came. Tho family
will bo remembered by many local
residents, having lived for years on
.their ranch a mllo or so above AI-
coma. Mr. Simpson sold the ranch
and moved to Southern California
about four-years ago.
Bo8ldos being successful in hor
profession, Dr. Simpson took a keen
intoorst In civic affairs and was well
known 'In many California cttlee.
WILL SHIP SIXTY CARS -
OF DEEP FROM CHJLOQUIN
Livestock shipments continue to be
heavy, the Southorn Pacific station
reports. 81xty canr ot beef cattle will
be shipped from Cailoquln tomorrow
by jocal buyers tor-San Francleco
packers; ' Omhtsj Watt.DuM. Mete-
nioiVnJMl J. P. MHahaat will
have ax beta taaiav.
SEVEN PETITIONS FOR
CITY OFFICE FILED
Petitions for city offices wero In
dustriously circulated Saturday after
noon and It Is oxpocted at tho city
hall that a number of office seekers
will, havo filed their nomination
papers with tho police Judge before
night. Wednesday Is tho last day
for filing petitions.
At noon today the following pe
titions were on file: For mayor.
Wilson 8. Wlloy; police Judge, A. L.
Leavltt; first ward councilman, Paul
Dogardus and-WJL-ConfcllnsM-aec.
ond ward, Frank Miles and M. 8.
Weet; fourth ward, Charles Colvln.
incumbent, and fifth ward, J. B. Voll-
mer.
W. T. Leo and his friends were
busily circulating Mr. Lee'a netltlon
fnr thn nijuialt nomination today.
Mayor I. n. Struble also has petitions
In circulation for tbe office.
UNIVERSITY OF OREGON, EU-
ts.'ve.-. '-::. :i Lint sot -rrrades
made by tho students of tbe univer
sity In tho spring term of 1910 Indi
cate a Contlnunncn nt thn hlh j
ol'.bholarshlp maintained In tho fall
nnd winter terms. Under the new
system of grading, the highest rank
BATE HIGH IN
COLLEGE WORK
Ing students In each cpurse aro Tfl no per acre, would net the state
In class 1, corresponding tolhe tM.ao! fund some 1300.000. The fact
mer grade ot H. From, that grade
the rating are graded down to clans
V, the lowest passing grade; with the
university's classes had no student
making higher than a 11 -grade, cor
respondmgto tbe former grade of 8.
Among theae maklag the grade ot I
are atadeats from 'nearly every com-
munltyxef any alao la Oregon and
manrfrofa eateH taetatw . ,
Klamath county stadents rated la
clasa I and their subject are: Ac
countings principles, Virgil De Lap,
Klamath Falls; advanced algebra,
George D. Rlgga, Klamath Falls;
elements of musical science, scienti
fic music reading, public school
music, orchestral organisation and
ensemble (each a separate subject.)
Marfe Obenchaln of Rty; gymnasium
work, George D. Rlggs of Klamath
Falls.
STANFIELD WILL BE
HERE THIS WEEKEND
Robert Stanfleld, Republican can
didate for-United States senator, will
be in Klamath Falls next Saturday
and 8unday, according to a telegram
received today from Republican
headquarters at Portland by Judge
A. L. Leavltt.
Arrangements will doubtless be
made, aaid Judge Leavltt, tor a pub
lic address by Mr. Stanfleld Saturday
ovonlng.
COURTHOUSE APPEAL TO
HE HEARD TOMORROW
Members of the county court and
their attorneys and C. F. Stone, at
torney for plaintiff In the. suit ot J.
M. Dougan, contractor, against Kla
math county, county court and oth
ers, are en route to Salem, where ar
gument will bo heard tomorrow in
tbe appeal from Judge Hamilton's de
cision .In the courthouse case. The
case was appealed by plaintiff.
The, latest development In the case
Is the filing ot a motion by the plain
tiff asking the supreme court to re
mand the entire matter to tho circuit
court for retrial.
DAUGHTER OF U. S. CENSUS
DIRECTOR MAY BE SUICIDE
PHILADELPHIA, Oct. 11. Miss
Esther Rogers, daughter ot Sam L,
Rogers, director ot census for the
United States, died today at a local
hospital under clrcumstancea that
Indicated she had ended her life
with poison.,
ROAD ' BEAUTIFICATION
SACRAMENTO, Oct. 11. Plana for
a state-wide tree-planting suryoy to
be undertaken in the near future for
the beautiflcatlon of the California
road aytaem, were announced here by
George O. Mansfield, a member of
thar atate -highway commission. The
atatar hoard of forestry la to ho asked
is the .work.
STATE ENGINEER
OPPOSES BIRD
PRESERVE BILL
DY PERCY A. CUPPER
State Eagtaec
E. W. Nelson of the United States
biological survey, according to state-mentseredlted-to
bIm dreTTa-
maintain Malheur lake aa a bird re
fuge, among other reasons because,
It produces 7,000 tona ot marsh hay
in Its present condition.
At the recent state fair, grain waa
exhibited Which hait h n rmwm
within tbe meander line of Halhear
lake. This grain attrcated consider
able attention and served to effect
ively discredit tho oft-made assert
ion that this land was valueless from
an agricultural standpoint. If it Is
ot valuo for tho production of marsh
grass It must certainly be of much
moro valuo for the production ot
grain to which It Is well adapted, aa
shown by tbe state fair exhibits.
It the Malheur bird refuge mea-
suro passes, this landrwIILbedeeded
Id tho federal government and re-"
moved forovcr from tbe possibility
of taxation. It has been estimated
that at least 30,000 acres of the 47,
000 acres In the bed of Malheur lake
are well adapted to agricultural pur
poses. This laad, It disposed of at.
that J7,OO0 tons of marsh bay are
now est from this area would seem
coaclaelvely to prove that the Mai
nour Mrd refuge measure eeeka to
give the federal government a value- ,
able asset of the state, which prop
erly should enhance the public
achool faad. "
AeeareHasiaitermatioa received'
from the "engineer. $ty tMr,Harney"',:
basin Irrigation district,, which ln
clades some 82,000 acres of land In.
Harney valley irrlgatlonists of that
section are a unit against the mea
sure. The engineer advises that he
recently visited portions of Malheur
lake and found excellent crops grow
ing within the meander line.
It would seem to be a serious mis
take on the part ot the atate of Ore
gon to give this body ot valuable
land to the Federal government, par
ticularly when we take Into conside
ration tho fact that any plan which
has so far been considered for the
reclamation or the bed of Malheur
lake would provide tor the dlkiag
off ot a large area which could and
should be maintained as a bird re
serve. I believe those who desire to
see tbe measure defeated are almost
to a man favorable to the mainten
ance of a part to Malhenr lake aa a
bird refuge.
Tho state land board, composed
of the governor, secretary ot state,
and the atate treasurer, has full Jur
isdiction over tho state lands and has
gone on record in opposition to giv
ing Malheur lake to the federal government.
WILL FORM WOMAN'S
AUXILIARY OF LEGION
The charter tor a woman'a Aux
iliary ot the American Legion haa
been received and a meeting called
tor Tuesday evening at 8 o'clock,
October 12th, in the west ball ot the
Odd Fellows building, to organise.
Mothers, wives, daughters and sis
ters of all men and women who were
In the military or naval service dur
ing tho lato war are eligible and are
requested to attond thla meeting and
make the auxiliary one of tho largest
in tho state. Refreshments will bo
berved. All Interested persons are
urged to attend.
SUPREME COURT REFUSES
TO RECONSIDER RULING
WASHINGTON. Oct. 11. The
United States supreme court today
refused to reconsider Its decision sus
taining the validity of the prohibit
ion amendment. .
ARMISTICE DAY DBCLARBD '
HOLIDAY BY GOVERNOR
8ALEM, Oct. 11. Novmher 11,
Armistice Day, was today areelalmed
a legal holiday in Oregon by Sevef-
nor Oleott.
One par esnt of the atmosphere la
.
,Vt .. .'Vv..' .