Tillamoolc JUDGE’S FINDINGS IN PAVEMENT CASE. Technical Error Fatal- Pavement Not Up to Specifications. 1 J ) J In tbe Circuit Court of the*.State of Oregonjfor Tillamook County: F. R. Beals, A. G. Beals, G. H. Ward, et a), plaintiffs, vs. the Warren Construction Co. defendants. Tbe above entitled cause having heretofore come regularly on for trial beaore the above entitled court, J. U. Campbell, a judge of the Circuit Court of the State of Oregon for the 5th Judicial Ditrict presiding, he having been duly assigned thereto, and tne c iurt having heard the evidence and the argument of counsel for the re spective parties and being now fully advised in the premises. * I J Find» The Following Facts: I. City al tbe lime alleged in said ci m- plaint, whereby the said Warren Con struction Company undertook, contract ed and agreed to furnish the materials and implements and perfo-m the labor necessary for the improvements in said specified in accordance contract with the charter and resolutions of said city and in conformity with the terms, conditions and requirements of the plans and spécifications for said improvements. VIII. That by the terms of said contract the wearing surface was required to be not less than 2 inches in thickness in the streets paved with standard bitu- lithic pavement, while the other streets, or those paved with the light bitulithic, were required to have a wearing surface not less than If inches in thickness. IX. That by the terms of the. contract and specifications it was required that the wearing surface should be compos ed of carefully selected sound, hard, crushed stone, varying from lj inches to 1-10 inch in diameter, mixed with bitumen in the manner provided in the specifications and contract. That such stones and bitumen were required to be assembled and made into one mixture. X Headlight IL That the said Construction Company did not substantially comply with its contract and the improvement made ia not a substantial compliance with or performance of such contract, and tbe plaintiffs are entitled to a perpetual injunction and restraining order re straining and prohibiting the common council of the said city from assessing any part of the cost of said street improvements against the property of the plaintiff^ in the complaint describ ed. (Signed) J. U. Campbell, J udge. DECREE. Now at thia time came tbe plaintiffs in the above entitled cause, by their attorneys Geo. R. Bagley, E.B. Tongue, Geo. G. Bingham, and Fulton & Bow erman, and came tbe defendant War ren Construction Company, by Dan J. Malarky and R. W Montague, its at torneys, and came the other defendants answering herein by their attorneys, Messers John M. Gearin and H. T. Botts, and thereupon counsel for plain tiffs moved the Court for adecre in ac cord with the Findings of Fact and Conclusions of Law heretofore made by the court and filed with the Clerk ; of this Court, and said motion is allow ed by the Court. CHRISTMAS AND NEW YEAR HOLIDAYS AT HOME Round Trip with the problem of buy ng Hiirress yon will find ii distinctly advanta geous to come and do your select iug here. You will get tbe Fe-t qualities, the most thorough and conscientious workmanship and I «■ charged the most reasonable prices. We can supply single or double Sets or any single artitle that you may be in need of. The Exposition |Line, 1915 Between all Points in Oregon, also from Points in Oregon to California, Washington and Idaho. That the several lota and parcels of land in the amended complaint in this cause described are owned, located and abut on the streets of Tillamook City as in said complaint alleged. II. That defendant Warren Construction Company ia a corporation as in said IT IS THEREFORE ADJUDGED That the Court personally examined complaint alleged and the defendant CHRISTMAS HOLIDAYS Between all points in Oregon ; u I bo AND DECREED by the Court that the | Tillamook City is a municipal corpor ’ and inspected the pavement and wit- proceedings taken, had and done by from Southern ¡Pacific pointe to ¡points in Washington and Idaho Dec. 18 to 24 inclusive. Between Oregontand ation as alleged, and the defendant J. ’ nessed the taking of samples therefrom the Common Council of the City of California points Dee. [2Q to 25. Return limit all points R. Harter is and waa during the time ■ at various places and from such exam- Tillamook in the matter of the improve mentioned in the complaint the mayor . ¡nation and inspection and the testi- ment of the streets of said city in the Jan. 5, 1914. of said city, and the defendants M. F. : mony the court finds that the said Con- amendeifcomplaint of the plaintiffs in NEW YEARS HOLIDAYS!:-Dec. r27 to Jan. 1, with final return Leach, F. L. Sappington, G. L. Dick, [ struction Company did not lay said this suit described and set forth were limit Jun. 3, 5, 1914. ¡The New Year Fares apply only Erwin Harrison and Emett Bales were . pavement of the required thickness taken and had by said Common Council between points [in Oregon and between Oregon and Cali during said time and are councilmen of I but in many places throughout the without jurisdiction or authority, and fornia. ■aid city and members of ->nd consti entire improvement where standard the said defendant the Warren Con tute the council thereof, and the de- i bitulithic, or pavement having 2 inches struction Company failed and neglected « fendant P. W. Todd is the Recorder of of wearing surface was required, a I to perform and comply with the terms wearing surface of substantially les« ■aid city. ’ of its contract in making the improve than 2 inches was laid, and where 1J III. ments in the Btreets in said amended That by the provisions of the charter inches in thickness of wearing surface complaint described, and the said pro i was required a wearing surface of , of said city, before any street improve ceedings’ were and are void and the ment can be undertaken or made by substantially less than 1J inches was said Warren Construction Company is laid, and throughout the aaid improve- i B“’u """’T « vvu.p..,, .. the city or a contract therefor entered . , .. . not entitled to have and the said city nvAn* tbn tiToorinrr unrfonn nv fhx* miv_ into by the city, it is incumbent on the ment the wearing surface or the mix or the Common Council thereof is not Call on nearest Southern Pacific Agent fcr full particulars council to give notice to the owners of ture therefor was not made up in one entitled to assess any part of the costs train schedules, specific fares, etc. mixture but on the contrary was made the lots abutting thereon and adjacent or expenses of such improvements or into two mixtures and laid separately, ‘ JOHN M. SCOTT General Passenger Agent. thereto to make snch improvement * any thereof against the property of the Portland, Oregon, within 30 days, under the supervision the first mixture being composed of a plaintiffs in said amended complaint de of the street commissioner, and if such greater portion of large stone than was scribed or any thereof. owners or any of them fail to make provided by the contract and specifica | IT IS FURTHER ORDERED. AD such improvement within such 30 days, tions, while the second mixture or up JUDGED AND DECREED by the It is somewhat wide of the fact- To Correspondents. council is then, and not otherwise, per portion of the wearing surface, Court that the defendant City of Tilla authorized to proceed to make such im ranging from J to 1 inch in thickness. I mook and defendants J. R. Harter as to say that constitutionalists in C onstant R eaper of the H eap - provement and assess the cost thereof I was composed entirely of natural sand Mayor and M. F. Leach, F. L. Sapping Mexico now control about twn thirds light . —When communications are of the area of the country. Various and rock dust or crushed rock of the upon the property. ton, G. L. Dick, Erwin Harrison and bands of insurrectionists, outlaws sent to the office for publication the fineness of sand, being 50 per cent of IV. Emmet Bales, as Counciimen of said natural sand and 50 per cent of rock and plain bandits, differing much signatures of the writers must ac f That before undertaking the im City, and each of them and their suc dust or crushed rock of the fineness of in degree and purpose, occupy mid company them, not necessarily for provement or entering into the con cessors in office and the successor of publication, but to show good faith, tract set forth in the said complaint sand mixed with bitumen or bituminous each of them in office, be and they are terrorize enough territory to make and as your letter does not comply that proportion when all added to cement. with the defendant Warren Construc hereby commanded and required to re XI I frain and desist and are perpetually gether, but they have not a com- with this requirement, we decline to tion Company, the common council of Another thing, you mon purpose nor are they under publish it. That by the terms of said oontract said citv did not give such notice or restrained and enjoined from accepting is n<> make libelous statements about our common headship. There (Continued on Last Page.) any notice to such property owners to the alleged street improvements or any could doctors that it would be difficult for make such improvei..ent and did not the said contractor ’.ezs required to thereof made by the defendant Warren assurance that they would or work together in the event of the you or the editor to prove. If you grade ths street to the subgrade as afford such property owners or any of Construction Co. in the City of Tilla overthrow of the present Federal are in business, and we believe you them an opportunity to make the im given'by the city Engineer and to take mook aforesaid and in the amended Government If the future may be are, have you ever entered into a out and remove all soft and spongy provement. complaint in this suit described and judged by the past we may be sure combination with others in your line i places and refill the same with proper V. set forth and from adopting or passing they would not. When Madero to keep your charges at the top material carefully rammed or rolled so That Ordinance No. 235 of said any resolution whatever assessing upon overthrew Diaz, and by the usual notch and how much higher are as to make such filling compact and city, entitled the property of the plaintiffs in said “An Ordinance to amend Sec ' solid, and then the roadway was re complaint described or any thereof any militarily controlled election was they than in the East ? —Er>. chosen president, all the elements tions Numbered 1, 2, 3, 4, 5, 7, 8, quired to be rolled until thoroughly sum or sums of money or amount what 9, 11 and 16 of Article WTL of an of insurrection did not unite with compacted and solid That said con ever for or because of or to pay the Act entitled ‘An Act to Incorporate him in giving stability to his gov tractor did not remove all the soft and the City of Tillamook City, in Til expense of any of said street improve ernment. They will no more unite spongy places or refill the same with lamook County, State of Oregon, ments constructed adjacent to or abutt now. Each leader must be ap ■nd to Repeal all Acts and parts of any materia), but certain portions of ing upon the property of the plaintiffs Acta in conflict herewith.’ peased with something worth while the roadway was soft and spongy and in said complaint described or any Filed in-the office of the Secre aged until every drop is in the way of personal aggrandize the same was left by the contractor in tary of Blate February 13th, 1893, thereof, and that the said defendant P. rare and mellow. That’s ment. that condition and no attempt was as originally passed and as amend W. Todd as Recorder of said city of what gives the flavor ed - or attempted to be amended by made to remove the same or to replace Tillamook and his successors in office to Old subsequent Actor Ordinance,” the same with proper material, and the tv as first ¡filed with the Recorder of roadway was not rolled so as to make be and they are commanded to refrain said city on the 29th day of March, it compact and solid, but the said sur from and are hereby perpetually re Sidney E. Henderson, Pres,, 1912, on which date it was passed by face composed of natural and artifi strained and enjo.ned from entering in Surveyor. Harper Whiskey. For t le con mon council of said city and cial sand as above stated was placed the docket of city liens in the City of John I-eland Henderson, Sec Tillamook ¡any assessment whatever fifty years that flavor has was approved by the Mayor of said on top of said pavement for the pur retary Treas., Attomey-at- been the favorite. It's city on the first day of April, 1912, and pose of supplying a surface which upon the property of the plaintiffs in I-aw, Notrary Public. velvety richness never which aaid ordinance was submitted to would be pliable and respond and con said complaint described or anv there varies. Your Grandfather the voters of said city by ordinance form to the undulations of the subgrade of for or because of the expense cr any expense or costs of said street im chose Old L W. No. 240 of said city entitled or foundation under heavy traffic and provements or any thereof. ' “An Ordinance providing for the prevent the same from cracking tnd hckling of a special electiun in Til Law, Abstracts, Real Estate, ■ disclosing the impeifect workmanship. ' IT IS FURTHER ORDERED, AD lamook City, Oregon, to be held on Surveying, Insurance. And the court finds that in the respects JUDGED AND DECREED By the the 12th day of April, 1912, for the because he knew it waa ■ubmisaion to the legal voters of herein mentioned there was a substan Court that the plaintiffs have and re Both Phor.es. “ said city, for their adoption or re the best. Today you tial and wilful departure from and cover of and from the defendants in TILLAMOOK - - OREGON. jection, Ordinance Number 234, 235 can find no finer violation of the te. ms of the said con this cause their costs and disburse and 236 passed by the common coun tract by tbe said Warren Construction ments herein taxed at $--------------- , and cil of said city on the 29th day of March, 1912T and Ordinances Num Company, the contractor, whereby the that execution issue therefor. ber 237, S8 and 239. passed by the pavement was rendered less valuable, | DONE AND DATED this--------- day Oregon Agricultural College eomqpen council of said city on the K_ n LAUGHLIN, ita durability lessened, and the rights of December. 1913. k^roay of April, 1912, providing Tillamook, Ore. J. U. Campbell, Judge. of the property owners prejudiced. Anereby for amendments of the r Charter or said Tillc mook City, and XII. declaring an emergency,” That at the time of the commence December 8- to 13, 1913 That aaid Ordinance No. 240 was intro ment of thia suit the said Construction C orvallis , Ore, Dec. 18.—Pro duced in and passel said council on the This will be notable event in the Company, was claiming that it had testing against the further expendi 2nd day of April, 1912, and was ap practically finished and completed said educational history of Oregon. ture of money for other than paved proved on the 4th day ef April, 1912. Farmers’Co-operation will be the contract and improvement and waa de roads, A. J. Johnson, a local by the mayor of aaid city, and which leading topic of a stimulating aeries of manding acceptance thereof by the said ordinance last mentioned provided for City, and the common council of aaid j banker, at a Commercial Club meet-1 lectures. The week will be crowded i ing on good roads Inst night, out- with discussions, and demonstrations an election to be held in said city on city was about to accept such improve I lined a plan for paving 106 miles of I in everything that makes for the wel the 12th day of April, 1912, to vote on On your front porch can be lit fare of the farm« r and home-maker. ment completed in tbe manner afore every night until midnight ■aid ordidance No. 235 ■■ an amend said and assess the coat thereof upon roadway radiating from Corvallis I and register not over into the main sections of Benton ment to tbe Charter of said city. WINTER SHORT COURSE the property of the plaintiffs in the fifty cents per month , County. VI complaint described, and would have on the meter. January 5 to 30, 1914 That at the time of the introduction It was shown that in five years done so bad this suit not been institut- and passage of said Ordinance No. 240 9300,000 has been expended on road I The College has spared no effort to T illakook E lectric L ight and ad. .F uel C ompany ■nd aaid Ordinance No. 235 the City of improvement in thiscounty and that make this the most complete short XIII. I only gravel roads in medium con I course in ita history. A very wide W ill S palding . Manager. Tillamook had not by ordinance or That the plaintiffs have a common , range of course will be offered in Gen otherwise or at all provided for the dition is the result. interest in the relief sought in thia eral Agriculture, Horticulture, Ani- manner of submitting to the voters of A change of plan, involving the i mal Huabaiairy. Dairying, Poultry suit and said plaintiffs hava not nor has said city proposed amendments to the co st ruction of paved roads by the Keeping, Mechanic Aria, Domestic any < f them been guilty of any action chAer thereof, and said council was unit system was demand *d and I Science and Art, Commerce, Forestry, or omission which should, in equity, without power or authority to submit indorsed by the meeting, A move and Music. Numerous lectures and j discussions on FARMERS' CO-OPER- estopp them or any of them from de ■aid nr ipoeed amendment embodied in to raise a fund by Corvallis busi | ATION, at home and abroad, will be a manding such relief. sa>d Ordinance No. 236 to the voters of ness men lor tbe proper improve leading few*.ure. Make this a pleasant C bbc I mmm of La*. raid city at an election held within 60 ment of the Linn County eaat axle ! and probta'.tle winter outing. . No ta- Accommodations reasonable As conclusions of law the court finds : road from Albany over the new I ition. days subsequent to March 20th 1912. | Reduce-1 rates on all tail roads. For VII. I. Willamette steel bridge at Corvallis further •>formation address That the attempted amendment of waa started. That the said defendant Warren Co: • H. 'M. TENNANT. Registrar. At leas*, a staall portion of the stfuetron Company pretended to enter the charter of the said City of Tilla Corvallis, Oregon. present levy by the County Court I ’Earners’ Businoaa < ouraea by Cor into the contract alleged and set forth mook was and is void ar d of no force will te spent to provide a sample 1 resrMMMft°nce without tuition. of paved road. a'said complaint with said Tillamook or effect. W.A, Williams TOWER’S FISH BRAND REFLEX SLICKER KEEPS OUT A 1.1. THE RAIN MTENTEU SALE DATES AND LIMITS SUPERIOR TRAIN SERVICE W ater C annot R eflex E dges V R o n I n A t P rotect Y ou a |\ T he F ront W ATEHPKOOF—DURABLE satisfaction guaranteed $3.00 Everywhere A. J. TOWER CO. BOSTON Tower Canadian Toronto Observation Cars, Dining Car and big, warm all-steel coaches. All trains solidly vestibuled. I I Old I.W. I Tillamook Title and Abstract Co. : I HARPER I WHISKEY I' Wants Paved Roads. FARMERS’ WEEK A 15 Watt Mazda Lamp Babies will grow anil while tin are growing, you should have photographed often enough to luwj,. a record of each interesting stage of their childhood. You will prize the collection of baby’s pictures more and tr.ore ae the years go by Monk’s S' ud o If you are thinkin gc fbuying a good Harness, horse covers, halters, or anything in the har ness line it will pay you to see me. I also carry the famous Shar key’s collar. Bechtel’s Hamess Shop TII.I.\MOOK ORE. Made My Life Worth Living “I feel it my duty to tell others what Chanils-rlain'H Tablets have done for writes Mrs. L. Dunlap, of Oak Grove. Mich. "1 have Buffered with pain* ia lny liack anil under ruy shoulder blade fcr a niimla-r of /ear*, also with » poor appe tite and i 'natipafion- I tried all of tbe rem edies that I heard of, and a number of tors, but got no relief- Finally a fri>nd told me to try Chamber- lain'* Stomach and Liver Tablets. I g'* a bottle of them and they mi helped uijr stomach; by t*>eir gentle to lion my bow els la- one more reg ular Today I Ibtl Uke praisier them to all who m tier as I did, for they have cnred mo au l made uiy life worth living ’ "MyM a mm a Says - Its Safe for Children CONTAINS NO OPIATLú Tillamook Baker’s Bread Sold at All Grocers ) Ì A HO For Coughs and Colds