Tillamook headlight. (Tillamook, Or.) 1888-1934, June 18, 1914, Image 2

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    Tillamook Headlight, June
SUPERIOR OREGON-
MADE RANGE.
The bids are to cover the excava­
County, nor could he have been.
ting and grading of the County road,
So the conclusion of the Court
C
reaches, here was a written offer building a reinforced Concrete Bridge
Legal Advertisements.
withdrawn, which across Killatn Creek, and removing
which was not
First Insertion, per line
$ .10 icould have been, but had not been the old wooden bridge, according to
plans and specifications on file in the
Each subsequent insertion, line.
•05 withdrawn, and was accepted at a office of the County Clerk,
Tillamook County had
time
when
Business and professional cards
The County Court reserves the
______
funds, ____
and there isn’t anything in
one month .................................. i.oo these pleadings to show at the time right to reject any and all bids, dated
__r___ ;, the
the County
County . had
had this the 4th day of June, 1914.
Homestead Notices ..................... 5-00 of the acceptance,
J. C. Holden, County Clerk,
Timber Claims .............................. : 10.00 exceeded its constitutional indebted- First publication June 4.
that
it
had
not
made
any
ness,
nor
Locals per line each insertion.
•05
provision to make any indebtedness Last publication. June 35.
Display advertisement, an inch,
after the first of the year, so taking
.50 this state of the leadings, and the
one month ....................................
Notice.
evidence, 1 do not think these suits
All Resolutions of Condolence
TO ALL TO WHOM THESE
have been sustained, and decree
and Lodge Notices, per line
05
COM IS­
SIMI.I.
should be entered here of dismissal SPRESENT
Cards of Thanks, per line
•05 of the suits, and that defendants GREETINGS.
Notice is hereby given b ’^the State
Notices, Lost, Strayed or Stolen
should recover their, costs and dis-
ommis
Board of Fish and Game
bursements.
etc., minimum rate, not ex­
ioners that, in accordance wul. the
they
are
All
these
matters,
while
DOCKS ; WAREHOUSE,
ceeding five lines.......................
.25
' important, extremely so, to both provisions of Section 5316 of Lord's
FRONT STREET, BETWEEN 2nd <k 3rd AVENUE WEST.
I sides of this controversy, it is not Oregon Laws, that portion of Tilla­
RATES OF SUBSCRIPTION.
j contemplated here, from the state- mook River, in Tillamook County,
' rnent of council for the plaintiffs, and Oregon, above a point 100 feet below
(Strictly in Advance.)
the lowermost portion of the mouth
One year ..................................
$1.50 j the evidence, there is no contention
or claim that any member of the of Trask River, except that portion
Six months .............................................. 75 County Court acted corruptly, as 1 of Tillamook River within 100 feet
Three months................................. • *•
*. .50 understand, but that their conduct from any portion of the mouth
»amounted to a fraud upon the tax­ Trask River, is hereby opened
Entered as second class mail mat­ payers, and that would have been salmon fishing, other than
hook and line, commonly called
ter July, 1888, at the postoffice at true had this offer been accepted angling, from and after July 15, 19M,
prior to the tenth of December, it
Tillamook, Ore., under the act of might not have been intentional as approved by statute.
We weld Cast Iron, Steel, Bronze,
State Board of Fish and Game
March 3, 1879.
fraud, but constructive fraud, and it
Brass, Aluminum, Nickle Steel, Cop­
is an important matter from the view­ Commissioners.
By Floyd Bilyeu, B. E. Duncan,
THE TILLAMOOK HEADLIGHT point of the tax payer or tax payers, Geo. H. Kelly, and M. J. Kinney,
per, broken gears, pulleys, crank shafts,
as the case inay be, to have some
knowledge and notite of the financial Commissioners.
boilers and build seamless tanks. Do
Dated at Portland, Oregon, June 9,
condition of the county and the way
the money is being expended and 19U.
cutting and brazing,
used, and lor what purpose. And it is
within the province of the Legisla­
Notice Closing Streams.
Jjl'have received a consign-
ture to pass such legislation as will
! meat of these Oregon - Made
prevent the giving of an order even
KNOVV ALL MEN BY THESE
under the circumstances similar to PRESENTS, that, whereas for the | Ranges, which are superior in
Quick service our specialty.
those developed here by the evidence, purpose of propagating, stocking and 1 make and cheaper in pri<$- than
but the Legislature has not seen fit protecting the salmon fish which fre­ : Eastern ranges, as it costs $9.00
Remove carbon from cylenders in 20 minutes:
to do so up to the present time, and
All work guaranteed.
The following decision w: s rendered for this Court to hold, in the opinion quent the waters of Nestucca River to ship the Eastern ranges to
and its tributaries, in Tillamook, Portland. Call in and inspect
by Judge Holmes in the cases brought of this Court within the lines of
County, State of Oregon, the State
At Hiner’s Machine Shop.
by the timber owners against the ma­ argument by council for the plaintiff, Board of Fish and Game Commiss­ these superior rangesand 1 will
would
simply
amount
to
judicial
leg
­
chinery dealers and the county:
ioners has decided to close the said show you how firmly they are
islation which should not be indulged
No Jobs too Big and None too Small.
constructed. They come in all
It is conceeded, as I understand, in in. I have declared the lavs as I un- Nestucca River and its tributaries
above
a
point
on
said
Nestucca
River
these suits, by respective council, that derstand it, and that will be the de-
one hundred (ioo) feet below the
the only question for the Court to de­ cision of the Court.
lowermost portion of the confluence
termine, as raised by the issues in the
of Horn Creek and the Nestucca Riv­
pleadings, and that the evidence sub­
er, to prevent fishing therein by any
mitted, is whether or not there was
means whatever, except with hook
what would have been a contract, if
and line, commonly called angling,
the county had not been in excess of
The annual meeting of the school
its constitutional limitation by way of district was held in the auditorium of for salmon fish during the period of
indebtedness, voluntary indebtedness, the high school on Monday afternoon. time hereinafter specified.
NOW, THEREFORE, NOTICE
prior to the 10th day of December, While only a small number of the
1913. made and entered into by the eligible voters attended, considerable IS HEREBY GIVEN by said State
county on the one hand, and the de­ interest was displayed in the practi­ Board of Fish and Game Commiss-
fendants Machinery Company and cal work of the schools. Besides the ioners that said “Nestucca River and
the other defendants other than the matter of a gymnasiiftn, which was its tributaries above a point on said
member, of the County Court, prior brought up as scheduled, the Montes­ Nestucca River one hundred (loo)
feet below the lowermost portion of
to the toth day of December, 1913.
There has been no material matter sori method and the matter of music the confluence of Horn Creek and the
in the school room were discussed. Nestucca River, are and each of them
here, or argument, but what the con­
There appeared to be no dissension is hereby closed to fishing by any
tract would have been binding had
the constitutional limitation inhabit­ about a ghymnasium. The sentiment means whatever, except with hook
ed at the entering into of a contract was strongly in favor of it and a com­ and line, commonly called angling,
of the kind mentioned in the plead­ mittee was appointed to investigate for salmon fish, from and after 6
ings. The matter as the Court views as to the expense and report at a o’clock P. M. on the 15th day of July,
it, is governed as a matter of law, by special meeting to be called by the A. D., I914, until said streams are
this constitutional provision and.the board. The committee, composed of opened to salmon fishing again in
decisions of the Supreme Court in Messrs. Haberlach, A. G. Beals and accordance with Section 5316 of i
construing, and the law applicable to Stranahan, was authorized to have Lord’s Oregon Laws, and it is and
the instruments of the kind which sketches prepared so that the matter will be unlawful to fish for, or take
were signed by Tillamook County might be definitely acted upon when or catch any salmon fish by any
means whatever, except with hook i
through its agents the County Court, again presented.
Mr. Beals led in the discussion as tn and line, commonly called angling, I
and these other defendants.
The instruments in the mind of the the introduction of the Montessori during the said period of time above
court, which are set out in haec verba method in the lower grades. As this specified.
Any and all persons whomsoever
in the amended complaint, are offers system is receiving serious consider­
on the part of Tillamook County to ation in other parts of the country so fishing in violation of this notice
purchase material and machinery ;.nd has many enthusiastic advocates, will be prosecuted as by law provid-
therein mentioned, and the evidence it was determined to investigate it. ed.
State Board of Fish and Game
shows that these written offers, A committee, consisting of Messrs.
characterize as orders, were transmit­ Beals and Gersoni and Mrs. Groat, Commissioners.
By Floyd Bilyeu, B. E. Duncan,
ted to the machinery corporations, or was appointed for that purpose.
The matter of music was present- Geo. H. Kelly and M, J. Kinney,
the sellers in this instance, by the
THE
salesman, It is admitted that at the e il by Mrs. Stranahan who suggest­ Commissioners.
Dated at Portland, Oregon, June 9, I »
time these orders or instruments ed that a knowledge of the element­
< ’
RELIABLE DRUGGIST.
were signed by the County Court that ary points of music ought to be in­ 1914.
cluded
in
the
education
of
all
children
Tillamook County had a voluntary
indebtedness in excess of $5000. Such provide elementary instruction in the
Notice of Completed Contract.
being the case the County Court reading of music and singing during
the
coming
school
year.
c< ould not enter into any contract that
Notice is hereby given that U. G.
G. B. Lamb and I-.. J. Claussen were Jackson, County Surveyor for Till­
would be binding upon Tillamook
reelected
to
the
offices
of
director
County, for the purchase of the ma­
amook County, Oregon lias filed in
and clerk, respectively, without oppo­ this office his certificate of the com­
terial mentioned.
sition.
The law, as the Court understands
OHN I.El AND HENDERSON
pletion of the Contract of C. S. Wells
it with reference to written offers
Leach & Co. on the J. A. Biggs Road
SUMMONS.
they do not amount to Contracts and
at Netarts, and any person, firm or
ATTORNEY
do not become binding upon either
corporation, having objections to
AND
party unless accepted, and as the In the Circuit Court of the State of file to the completion of said work,
Court understands the law, where an
Oregon for Tillamook County
may do so within two weeks from
COUNSELLOR-AT-LAW.
order is solicited and obtained by a föhn Matela, plaintiff
the date of the first publication.
I
salesman, this order must be accepted
T illamook B lock ,
vs.
Dated this the loth day of June 1914
and approved by the principal unless Sanni Matela, defendant.
J. C. HOLDEN,
Tilla moot -
Orcjçoti
there is something to show the agent
To Sanni Matela, the above named
County Clerk.
has authority to bind its principal at lefendant:
Room No. 261.
I
>COOOOCCCOOQ>OiOQiO<OiQ<9QOBGO99G99999i9O00Oi99d&dOQ>9OOöOOO
the inception, and there is no evi­
In the name of the State of Ore­
dence upon that feature. So we will gon: You are hereby repuired to ap­ LOCAL DRUGGIST SAYS :
have to take the general law applica­ pear and answer the complaint filed
• TAKE ONLY ONE DOSE.” ¿<Z,e*‘Xi!Z>SC^*&0*9®e®*&®®0®lB®0®0®0©00©0©000©Oe©OOOOOOGOOi>.5C©aoi90©G©OGGOOO©OOGQ©OOOOl*
ble to that situation.
igainst you in the above entitled
We want to tell those in Tilla-
And there has been argument here Court and suit, on or before the last mill suffering from stomach or
of considerable force by council for lay prescribed in the order for the bowel trouble that we are agents for
the plaintiffs to the effect that if such publication of summons made herein, the simple mixture of buekhern
a construction were indulged in bv ■vhich said order was made, and is bark, glycerine
etc., known ns
the Court, it would throw down the lated May ¿8, 1914. and if you fail Alder i-kn. the remedy which be­
bars to the depleting by the County io to answer for want thereof, the came famous by curing appen­
Court of the funds of the county, and plaintiff will apply to the Court for dicitis. This is the most thorough
would amount to a perpetration o( he relief prayed for in his complaint bowel cleanser known and JUST
fraud upon the tax payers, and it can >n file herein, towit; that the bonds ONE DOSE relieves sour stomach,
be seen that such could be done, but >f matrimony now existing between gas on the stomach and constipa­
that is the fault of the Legislature in »laintiff and defendant be forever tion almost IMMEDIATELY You
not passing appropriate legislation lissolved.
wi'l l>e surprised at the QUICK
to prevent an occurrence of that
J. S Lama,,
I his summons is served upon you, action of Adler-i
kind, should the county have officials 5v order of the Honorable \Vebster druggist.
at any time that would attempt to Holmes, judge of the above named
evade the intention of the constitu­ Court, dated this 28th day of May.
tion. But that is for the Legislature 1914. amt the date of the first publi­
to remedy and the Court cannot cation of this summons is the 28th
legislate those matters, but must take lay of May, iqi 4, and the date of the
the law as it now exists. There is no ast publication, 9th ci July, and the
evidence here to show there was any he list date upon whn h you are re-
notice given to Tillamook County Itiired to answer on or before is, and
that these various orders would be will expire on the 9th .lay of July
signed and the goods delivered, until
->
after the first of January, along in 1914-
February as I remember the evidence
in 1914. The evidence does show, by
• J •
way of stipulation that the Howard
Notice to Contractors.
Cooper Corporation received an ac­
knowledgment of the receipt of these
orders and a statement from the sel­ , Sealed bids addressed to theCounty
lers the orders would be filed in ac­ - ourt of Lillamook County, Oregon,
cordance herewith. And there is no or the proposed improvement at
evidence to show this information villain Creek, in Tillamook County,
m m ,C.¡'>ACOLA COFFEE, 10 pou„d8 for $2.50.
was ever communicated to Tillamook
Ircgon, will be received by the Coun-
County, nor the members of the court
KI BY CARACOI.A COFFEE. I pound for 27c.
y t. ourt of l illamook County Ore-
nor any ot them, and there is evi
ton at its office in Lillamook City,
( ■erman-Ainerican Coffee, 1 lb. can, 30c.
dence that no notice was ever receiv­ Oregon, on or before the 20th day of
------- German-American Coffee, 3 lb. can.
ed by any member of the County lune, 1914. at 10 o'clock a tn and at
Court of the- acceptance of these hat time opened and read.
various orders, until in February or
Each bid shall be accompanied by
March 1914 And while it is the law. 1 certified check made payable to
i
J pound. 35c.
ORANGE LABEL, 1 pound 65c.
as I understand it, that an acknow­ Lillamook County, for an amount
I
er
Majesty
’
s
Blend,
¡pound 25c.
ledgment by mail of acceptance, ■qual to 5 per cent of the amount of
Her Maj estv’s lend, \ pound 50c.
would take effect and create a con
___ vr * 'Hjesty’a Blend, 1 pound 1.00.
•uch bid, which shall be forfeited to
Capital Household, ’, pound 25c.
tiact between the parties at the time he County, in case an award is made
of the mailing of it by the acceptor, ind the bidder shall fail, neglect or
LAUGHLIN
that must have been mailed to the efuse for a period of five days after
party making the offer; anil there which the award is made to enter in-
Tillamook. Ore.
isn't anything in this case to show
the s gelling agent or sail -man was in o a contract and file a bond satis-
actory to the Court as required bv
filler tlic agent ot 1 illaiiuiok law.
ADVERTISING RATES.
LA M B-SCHRADEIt COMPAN Y.
Fwi äs'
Oxyaccetaylene Welding
i®«
THE CASES AGAINST
COUNTY DISMISSED.
SPECIAL ATTENTION TO MILL AND
MARINE WORK,
The Timbermen Fail to
Substantiate Complaint.
HINER & REED,
Annual School Meeting.
ALLEN PAGE,
I First Street, near the
Court House.
Four Foot Fir Slabs
$3.00 per Cord
Delivered.
Black and White
Cigars
Dry Short Wood $2.00 Load
A. F. COATS LUMBER CO
Once smoked will , ■
convince all.
The only long ; »
filler PURE TO­
BACCO CIGAR
to-day for 5c.,
50 Box $2.00
At C. I. Clough Co.
?
?
F. C. FELDSCHAU
Is now ready to take
any Contract in the
Cement and Building
Line.
J
SPECIAL
ROCERY PRICES.
QUAKER OATS.
25c.
Small Package
15c.
CRESCENT BAKING POWDERS
5 Pound Can, Regular Price $1.00,
now 85c
3 Pound Can, Regular Price 70c.
now 55c
Pound Can, Regular Price 25c
now 20c
Primes, 10c. a pound. Fancy Dried Peaches, lOc.a Pound
Coffee and Tea Special.
, RidSray’s High Grade Teas
RALPH C. BACON,
___ Mgr- Grocery Dept.
aa \x gw
ftÄ I CK LU ■