Klamath republican., June 13, 1912, Image 4

as above indicated that the com­
"it is conceded on all sl<h«s that ing authority Is quoted. Viz.:
munity composing the town of Link­ the esse presents but one question:
"In the absence of limitation < upon
ville was intended and understood by Was such court house located nt the such power a board of counit coni-
the voters of Klamath county rather county sent of Fall River county? I'.iaslouers having exclusive power I'LLTON IIENENTN t llAllGIH Ol
W. O. SMITH, Editor.
PltONEt TTOIt
tlr n the platted tract, and this seems There seem* to be no dispute about over tho property of the county court
to be the rule as laid down In the the immediate facts. Fall River may remove and deaignatu new sites
oitherities which I shall presently county waa organised In November, for county buildings, within the llm l iiniin Si niiVwr Makes Nvv<*eplng De-
nini ol Charge Thai He and Dis-
quote, and it also seems to be the 1883. and the county commissioners Its prescribed for the county seal.”
TWO DOLLARS PER YEAR IN ADVANCE
11 Cyc,, p. 380.
Irli I Attorney McCourt Couspu-ed
tule which is more reasonable as up- named "Hot Springe” ns the tem­
Io Get Tail Io I'ardon Jones—Ha)s
To the same effect see Platter vs
All communications submitted for publication in the columns of this plied to the laws of this state. The porary county »eat; and nt the next
pai't'i will be inserted only over the name of the writer No uon de plume
That Henry 11 eso el cd to Crooked
itutos of this state relating to the general election, to-wit: In November. County of Elkhart. 2 N W., 549
article« will be published.
and Infamous Mel boils.
removal of a county seat provide 1884. the qualified elector* of the (Ind ).
(’row vs. Hoard of Commissioners,
that:
"Whenever the inhabitants c< unty selected 'the place of tho coun­
30 N. E„ 643 (Ind).-
used by the legislature and as in­ bf any county of this state desire to ty sent* by ballot. Hot Springs was
United Press Service
tended by the people of Klamath remove the county seat of the county again selected, and the simple ques­
Allen VS. Lyttle. 40 H E., 338
P«'RTLAND. June 8
De. luring
KI».).
county when voting upon the per­ from the place where it Is fixed by tion Is. where is and what constitutes
Francis
.1.
Ilvnuy
to
ho
a
crook
and a
Question has been rallied ns to the
J EDGE COKE BI LKS IN COVET manent olcation of the county seat, law, or otherwise, they shall present the place Hot Springs, thus selected?
Hur.
former
United
Hiatus
Senator
meant the platted t ortion only of the i. petition to the county court of their While there Is some evidence to tho terms of the deed conveying block io
HOI SK CASE
town of Linkville, that is to say, the county praying for such removal, and contrary, we think it was sufficiently of Hot Springs addition nnd the pro- Charles W. Fulton Is out With a
Decide« That the County Seal of George Nurse plat, that being the that an election be held to determine shown and practically established I visions requiring the county to per sweeping denial of tile Honey chnrgus
Klamath Count) is Not Restructed only plat of Linkville then of record to what place such removal must be that for some time, two or three years petunlly maintain the court house that hv and United Hiatus District At-
made; provided, that the petition for at least, prior to the organization of thereon. The wisdom of accepting a
to the lkmadariea of the George in the office of the county clerk.
\ ucm * Plat, Which Was Originally
After a somewhat careful reading removal shall set forth the names of the county, thorn was a settlement In died with such provision Is a matter
Incorporated as the Town of l.iuk- and consideration of the briefs, the towns or cities to which such the Immediate vicinity of certain fur' the county court to determine
ville, But Includes Addition*.
authorities, and the record submit­ county seat is proposed to be re­ springs, several in number, known as Such a provision, however, would not
ted in this case, it is my opinion moved ” It is apparent that ths ‘Hot Springs.’ and that the place or bind the county to perpetually main
The decision and decree of Judges that when the legislature designated legislature has not provided for nor locality of this settlement «as com Ulin the court house upon block 10.
tlce Colburn va. Board of Com­
Coke of Marshfield in the injunction
“The Town of Linkville" and when did they in said enactment contem­ monlv called and known as Hot
missioners, 61 Pae,, 341.
suit of H. F. Murdock vs. the Count* the voters of Klamath County voted plate that a vote of the people would Sprirfgs * Persons living in that set­
After this suit was commenced, and
Court of Klamath county, reached for ''Linkville” it was not intended be necessary to change the location tlement or locality were reported to
Klamath Falls Saturday night, and that the county seat of Klamath of the court house from one portion live at Hot Springs, and persona go­ just before tho trial, defendants filed
was tiled by the county clerk at 8 county should be confined to the nar­ of a town or city to another, and un­ ing there from other parts were said for record a modified deed, changing
o’clock Monday morning. The decree row limits of the George Nurse plat, der the law the power rests with the to be going to Hot Springs. While, the terms as to tho minimum coat of
dismisses the suit and places the cost - but that the town or community com­ county court to build, repair or re­ as a place, it had no set or defined the court house required to be built,
on the plaintifT. This includes the monly known by the people as Link­ move a court house within the county topographical boundaries. Its general and reducing this sum to un amount
usual court costs and an allowance of ville was the "place” intended as the seat, without any other act of au­ locality was welt understood In all hot exceeding the fund on hand nnd
thority being specially conferred.
parts of the county. While these con­ set aside for the specific purpose of
$10» for attorneys’ fees. The decree county seat.
"Flace," as used In the Oregon sta­ ditions existed, and in January, prior building a new court house. This
is as follows:
Asume that either "Bonanza.”
“It is ordered, adjudged and de­ "Lost River Gap” or "Havlox" was tute. evidently is intended to lie given t> the organization of the county. | action on the part of defendants, al­
cread that this suit be and the same a community of people residing upon its usual acceptation, and as applied ¡Edmund and Jennie Petty, owners of though after the commencement of
ic hereby dismissed, and that the de­ unplatted land. If such town or to population it is said: "The word land comprising a part of the locality the suit, was within their power, and
fendants have and recover off and community had received a majority ■place’ in the statutes may mean city and teritory theretofore known as i plaintiff cannot complain that one of
from plaintiffs their costs and dis­ of the votes cast for county seat in or town unlees some other meaning Hot Springs, platted lf>0 acres there­ the alleged cans«*« for an injunction
bursements herein."
1884. no one would claim that such is implied by the context The ’place of. and caused the same to be record­ has by thia act been eliminated
See 23 Cyc., p. 781. authorities torncy John McCourt had conspired
The decision or opinion of Judge community would have to reside up­ of the county seat, as used in the ed as a plat of the town of Hot
to get President Taft to pardon Wil-
there cited.
constitution,
requiring
a
selection
by
Springs.
A
question
was
raised
by
Coke is as follows:
on platted land to make the designa­
It la my opinion that the prayer for Hard Jones, who was convicted and
In passing upon the questions be­ tion sufficiently definite.
And as­ the qualified electors of the place of respondent as to the validity of this
fore the the court for determination sume that the successful community the county seat by ballot, etc., should plat, on acount of defective acknow­ an injunction should lie denied anti
in this cause. I do so with a fob reali­ or town at the time had developed In not be construed to mean a place ledgment, but we do not regard this the suit dismissed.
JOHN S COKE. Judg-
sation of the irreconcilable differ­ importance and to the extent that it which is plotted and has a fixed and as very material. It was not necea-
ences of opinion and antagonisms consisted of an original plat bearing designated exterior and topograph­ s:,ry that the place’ selected as the
which usually accompany a legal con­ its name and also of additions, known ical boundary, but is sufficiently des­ county seat should have been platted \ lliltoU I SCAPE I IIOM
DEATH IB I.H.HIAIXG
troversy between citizens of a county as Smith’s, Jones’ and Johnson’s ad­ ignated If a particular settlement at all. The selection. If In other re-
»peels legal, would have been good
over such a question as the removal ditions. and that the population of having a name is selected.”
Fall River vs. Powell 5 8 N W. p. 7. mid operative if it hnd designated i
W. Frank Arant and Charley An­
of a court house, even though that re­ the community extended over the
The word “town as used in the act certain quarter section of land, or derson, while traveling on the road
moval is to be only from one block to original plat and also all of these
additions - could it be properly claim­ designating Linkville as the temio ■John Smith’ Farm," If there had been between Dairy and Illy Friday af
another within the same citv.
It would seem to a person viewing ed that the voters intended to desig­ rary county'Seat. e' uently should e one such In the country, and that n tern<a>n came very near being seri­
the question from the standpoint of nate only the original plat as the construed iu the light of the follow­ «ell known place. It Is purely a ously injured during the electrical
an outsider that much more harm county seat, or would it be more in ing authorities. "The word town Is question of what place the electors storm.
than benefit is apt to result to the city harmony with reason to hold that indeed, by alteration of times and bad in mind and intended to desig­
The two men hnd stopped at a
of Klamath Falls and to all sections the “place" or “community” known language, now become a generic nate and select, if neither Petty nor ranch house for a few minutes, as
of the same over the unprofitable as “Bonanza.” "Lost River Gap” or term, comprehending in It several any other owner had ever platted his .Mr. Anderton wished to speak to the
sj>ecles of cities, boroughs and com­ land, the county seat would by such owner of the ranch, while Mr Arant'
differences and dissentions which nat­ "Havlox” was intended?
vote have been located at Hot Springs held the high spirited team which he I
urally follow a controversy of this
The testimony shows that in 18 82 mon towns.”
State vs. Denny. 21 N. Eastern. provided there was such a place, was driving, As soon as Anderson
character, and that if these influences there was a considerable population
274, 4 L. R. A
whose situs or location sould have had finished his conversation with1
were to unite for the general welfare in the town of Linkville, and that
"The word town is ambiguous. It been practically nnd reasonably fixed the rancher he proceeded back to tho
and upbuilding of the city it would this population was not confined ex­
not require a great length of time to clusively to the George Nurse plat, may mean either a corporation, or and determined It was not essentia! conveyance, nnd while In the act of
develop the city to the extent that the although the greater number of the simply a colection of |>eople, inde- that Hot Springs or Cascade, as can­ climbing Into the buggy a bolt of
FRANCIS J HENRY
short distance between the two pro­ people did reside within this tract, l>endent of the fact of Incorporation. didates for county seat, should have lightning struck a tree near by. stun­
posed locations of the court house consisting of a strip of land three A town is a collection of people, and fixed and definite exterior boundaries. ning Mr. Anderson nnd striking the was serving a term for tend frauds
would be of small importance to an** blocks wide by some thirteen or four­ it may be either an Incorporated or The fact that, at the time of the elec­ driver» Mr. Arnnt. In the left arm
Fulton said that he aided Jones be-
tion, n town of Hot Springs hnd been The streak of lightning caused Mr caute Honey had resorted to "crook­
of the persons now concerned in this teen blocks in length. At least one unincorporated town, etc."
Sessions vs. State. 41 S. E.. 259.
platted, whether such plat was reg Anderson to fall to his knees In a ed" and “Infamous” methods In the
litigation. However, the court’s duties of the witnesses (Deputy Sheriff John
The American and English Ency* ular or irregular, was only Import­ half dated condition. Mr. Arant said, prosecution of th<- case In securing
in this matter are such that it must G. Schallock) testified that he had
confine itself to the determination of resided in the city since 1875 (a elopedia of Law (2nd Ed.), Vol. 7, ant as bearing upon the Intention and “had we stopped where we first halt- his conviction.
the question before it upon the rec­ period considerably antedating the page 1013, lays down this rule: understanding of the electors In des­ ed our team we may have received
ord, and ieave it to the persons inter­ filing of the George Nurse plat) and "When a city or town is selected as ignating Hit Springs as th« place of Injuries that would have proved
Awarded t’.inlrncla
ested to decide for themselves all that in 1882, when the “Town of the county seat the boundaries of their choice for county seat. Sup­ fatal."
I
I).
J.
Lytle
baa been awarded the
Linkville” was first designated by the such city or town as they then exist, pose It had been demonstrated on
questions of expediency.
The tree was shattered up ' onsld I contract for the construction of the
In 1882 the legislature created legislature as the county seat, there become the boundaries of the county the trial that every elector who voted earbljr, peeling the bark In a circular , three-story Mel base building, which
Klamath county and provided in the was a considerable population resid­ seat, and the subsequent inclusion of for Hot Springs did so having In path from the tip to its base. The
i Is to I m - erected adjoining the Wlth-
ing in the vicinity of “Hot Springs.” more territory in such city or town iiihd and intending the locality for­ team was uninjured
act creating the same, as follows:
j row-Melhase building on Main and
“Section 3.—The county seat of and beyond block 10 of "Hot Springs does not enlarge the county seat." merly and then known as Hot
Fourth. The contract for the ore<--
But
this
authority
should
not
be
con
­
Springs,
and
not
the
particular
terri
Klamath county is hereby located at addition” from the present location
tion
of the (’. E. Riley building on
TO
TALK
<»V
ER
SEA
the town of Linkville, in said county. | of the court house. There was also strued to mean that the boundaries of tory platted by Petty; would the la*
Main,
between Fifth and Sixth, has
BY
WIRELESS
PLANT
until otherwise located as provided testimony to the effect that some of the town plat, but rather that the or. acount of such plat, force the
been let to the Garrett Construction
boundaries
of
the^town
or
the
com
­
county
seat
Into
and
within
the
limits
the
population
of
the
town
resided
in this act.”
NEW YORK. Juno 8. Twin wire­ company.
“Section 12.—At the first general upon the hill, and that the school munity, would be the boundaries ot such plat? We think not. Endor
Big I resit at Spring Creek
of
the
town
or
the
community,
would
the
evidence
in
this
case.
We
think
loss
stations to communicate directly
election after this act becomes a law house was then situated on block
Fifteen automobile loads of visitors
the question of permanently locating 13, at the extreme east end of the be the boundaries which would gov­ Hot Springs, either as a welt known with London will be built along the
the county seat of Klamath county platted tract, and that Linkville post­ ern. In a note to this same author­ locality In the vtclnity of the springs, Now Jersey const within a year, ac­ went to Suring Creek Sunday to en­
shall be submitted to the legal voters office was for a short time near the ity the following decision Is quoted or as a platted town site, was a place cording to an announcement made by joy th« pleasure« of fishing nnd the
of said county, and the place which east end of the platted portion. It is with approval: “A statute requiring oligible for selection as a county seat; officers of the Marconi Wireless 'role­ outing Many of the parties went up
shall receive a majority of all the evident, therefore, that the commun­ the ‘place’ at which it is desired to ur.d which place selected Is a qcc-stlin graph comrtsnv of Amerlcn Option« | to select tots at Idlerest nnd to look
votes cast at said election shall he ity or population constituting the re-locate a county seat should be not of law, but of fact, depending up­ | have been obtained In similar sites at at tho.«» already purchased, D. H.
Campbell and W T. Hhlve are camped
the permanent county seat of 3ai>! town of Linkville, as applied to the named in the petition for a vote on on the intention of the electors. As |San Francisco and Honolulu.
It Is planned to construct a plant , there for several days, a» are also
residents of community, was not con­ the question and the order of the u question of fact, the trial court lias
county."
At the general election held June fined to the narrow limits of the county court directing such vote, passed upon It. its judgment scer.s In the Philippine Islands to communi­ quite a number of other Klamath
2, 1884, there appears to have beer, George Nurse plat. When the legis­ means that the city or town at which to us supported by the preponder­ cate directly with the one at llano-i Falls residents. Many outside parties
submitted to the voters of Kiamatti lature designated “The Town of Link­ the re-location is desired Is to be ance of the evidence. Entertaining lulu. The company will thus be able are now enjoying tho camping
county the question as to the perr. a- ville,” and when the people of Klam­ named therein, and not that the par­ i is opinion, as we do, after 'laving to send messages from London to the grounds and fishing nt Hilvles on
t.ent location of the county sent of. ath county in 1884 designated “Link­ ticular spot where the county build­ - refully gone over the whole record, Philippines by the way of the I'nlted Williamson River.
would serve no useful purpose to States, relaying the messages by land .
said county, the record (plaintiff’s ville” as the county seat, they must ings are to be erected should be des­
exhibit D, being a copy of the record be held to havp had in mind the com­ ignated. And this is true, no matter marshal nnd compare the statements wires from the Jersey const to Han
• 'hildctw-Pickett
of the election for Klamath county munity. rather than the Nurse plat. how much extent of land is cove red of different witnesses, which lead i.s Francisco. The plants at Han Fran­
At I o’clock p. m. Sunday. June 9.
a* filed with the secretary of stale! It is not likely that many of the by the boundaries of such city or to the same conclusion as fo ind ty cisco and Honolulu will be erected Rev. .1. H. Stubblefield of the First
voters had any idea as to the limits town or how sparse the population the trial court, to-wit: that the Hot Immediately, the announcement adds. Presbyterian church united In mar­
contains the following:
Hprlnga selected as the county seat
The first New e.lrsey station, the riage Mr. Raymond I. Childers nnd
“For county seat. Total votes cast of the platted territory when voting may be in portions thereof.”
Doolittle vs. County Court, 28 W. was not necesarlly and only the ter­ announcement says, will be erected Miss I.. Margaret Pickett. The cere­
upon the question as to the location
for:
Va.. 158.
ritory covered by the Petty tract, nnd within nine months near Belmar, mony was performed at the residence
of the county seat, but that in sc
Linkville.......................... 243
“In the selection of a county seat that the court house In question, upon a site of 550 acres, recently ol Ml«» Sauber, aunt of the bride.
voting they did have in mind the
Bonanza ......................... 40
town or community composing Link­ the choice Is not Hr . !ted to existing standing a thousand feet outside of purchased. The second will he erect­ Later tho couple departed by auto­
Lost River Gap................... 3
ville. Tnder the authorities, it is not cities or towns, but a site may be said plat, but within the terirtorv and ed at Tom’s River or Barnegat, nnd mobile for a visit nt the home of the
Haylox ........................... 1
The principal contention and ques­ necessary that the county seat shall chosen for a new town and the coun­ locality then and previously known ¡will be tuned to a key different from bride's parents, Mr. nnd Mrs. Charles
a« ’Hot Springs,’ was and Is located tho first, so that messages to either Pickett, In the Tule Lake Basin, after
tion to be determined in this case is be situated within a platted or Incor­ ty seat located therein."
11 Cyc., p. 368; citing with ap­ at the county seat.”
station may be received and sent I which they will depart for Medford,
as to whether or not the site of the porated town or city.
proval Fall River County vs.
See also Alen et al vs. Lyttle, 46 simultaneously without Interference. tho home of Mr. Childers. They wore
The evidence in the case under
court house may be lawfully changed
Powell; 58 N. W.. p. 7.
8. E„ p. 238 (Ga.).
Tho distance from the New Jersey incompanled Sunday by Mlns Eliza
from block 35, plat of Linkville as consideration shows that the town
The following is quoted from the
As to the general powers of the stations to London Is 3,100 miles. I both Pickett, who han been visiting
filed by George Nurse, to block 10 of: population did not extend to a point
Hot Springs addition, plaintiff claim­ even beyond block 10 in Hot Springs Fall River County vs. Powell, 58 N. county court In relation to the re­ The estimated cost of the plants will | In Klamath Falls since the beginning
moval of the court house, the follow­ be »750,000 each.
ing that the term "Linkville,” as addition, and it is my view of the law W , p. 7, above referred to, viz.:
.of tho Elks' Rodeo.
CHIS TO1 CROOK ANU LIAR
KLAMATH REPUBLICAN
«
LEADING NEWSPAPER OF INTERIOR OREGON
DISMISS SUIT FOR INJUNCTION
Don’t send your money out of the County and State
Send us your mail orders--Read our proposition. We will prepay postage and stage charges on mail
orders, and send Goods subject to your approval, and if not t atisfactory return them at our expense—Al­
so we will meet any and all legitimate competi'ion on standard merchandise.
A trial order will convince you that it always pays to traHe at home.
K. K. K. STORE, Leading Clothiers
Klamath Falls, Oregon
•
1