Tillamook headlight. (Tillamook, Or.) 1888-1934, July 23, 1914, Image 4

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    t
Tillamook Headlight, July 23, 1914.
of the City Recorder forthwith to
er of Tillamook City, Oregon.
_/reet within the city, the Common
send by mail, postpaid, a notice ot
BE
IT
ENACTED
BY
THE
PEO
­
Council shall pass a resolution de­
each assessment, stating the date
PLE
OF
TILLAMOOK
CITY,
claring its intention to make such
when the same will be considered by
OREGON.
AS
FOLLOWS
change of grade and describing the
the Council, and directing all persons
Section 1: The Common Council interested
same. Said resolution shall be kept
to present in writing their
of
Tillamook
City
is
authorized
and
of record in the office of the City
objections to said report if any they
empowered
within
the
limits
of
Tilla
­
Recorder, and shall be published for
have, to the owner (if known) or
not less than two consecutive weekly mook City, whenever it may deem each lot, or part thereof, or tract of
it
expedient
,
to
open,
lay
out,
estab
­
publications in some newspaper pub­
land assessed, any part ot which is
lished in Tillamook City, together lish, widen, alter, extend, vacate or appropriated for the proposed street,
with a notice to all persons concern­ close streets, and to appropriate and or to the agent of such owner when
ed, giving the time and place, which condemn private property therefor, the post office address ofsuch owner
shall be not less than 20 days after ami to assess any special benefit aris­ or agent is known to him, and if such
the date of the first publication of ing from any such matters and to postoffice address be unknown to him.
said notice and resolution, when and make the same a lien against proper­ then such notice shall be directed to
where the Common Council will have ty benefitted.
Section 2: Whenever the Common such owner or agent at I illamook
and determine all objections and re­
City, Oregon. If such report shall ap­
monstrances to said change of grade, Council shall deem it expedient to pear to the Council to be in all re­
and provide for the matter of bene­ lay out. and establish, or widen any spects reasonable and just, it may be
fits or damages on account of said street, it shall direct the City Survey­ adopted by ordinance embodying
change of grade. The City Engineer, or to survey such street, or change such report. Or if it shall appear to
within three days after the first pub­ therein as the case may be, and to the Council that the damages or ben­
lication of said notice and resolution, make a report thereof containing a efits assessed be unreasonable, un­
»shall cause to be posted in at least •plat of the survey of such street or just or insufficient in any respect, the
two places on the street or streets at change, showing the boundaries there Council may send the same back to
points effected by such change of of, and of that portion of each lot or the viewers for further consideration,
grade, a notice headed “Notice of tract of land to be appropriated for and the viewers may alter and revise
Change of Grade" not less than one such street or change, which report the same as they shall deem just and
inch in length, and shall in legible shall be made to the Common Coun­ again report the same to the Council
^characters state that such a resolu­ cil within ten days from the time the who may thereupon adopt or reject
tion has been passed by the Common same is ordered, unless the Council the same, or the Council may appoint
Council, the date thereof, approval, grant further time. Should the Coun­ new viewers with like powers, duties
of change of grade proposd, and the cil deem said survey, plat and report and obligations as the first viewers
time within which written objections satisfactory, it shall adopt the same to make such assessments and awards
or remonstrances against the same by ordinance embodying such report. and to report the same to the Coun­
Section 3: Thereafter, and within
may be made, An affidavit shall be
cil, which shall have the same power
filed with the City Recorder of the 60 days from the adoption of such over such report as over that of the
posting of said notice, stating therein report, the Council shall appoint original.
the date when, and the places where three disinterested freeholders of
Section 6: The owner or owners
the same had been posted, and the Tillamook City to view such propos­ of any lot, tract or part thereof so
publication of said notice shall be ed street, or change, and to make to be appropriated as aforesaid, or of
proved in the manner provided by an assessment of damages and bene­ the improvements thereon or any
law for the proef of publication of fits as provided in the next following person having an interest therein, or
section, and shall assign a day and
such matters.
any person against whom an assess­
Section 29: At any time within 20 place for them to meet, and shall ment or benefits has been made, may
days after the first publication of the cause a notice to be given by publi­ appeal to the Circuit Court of the
resolution provided for in the preced­ cation for at least four successive State of Oregon, for Tillamook Coun­
ing section, the owner of more than weeks in some newspaper published ty,
from such report and assessment
one-half of the property affected by in Tillamook City of the appointment of damages ?r.d benefits. Any nurr.
such change of grade may make and of such •view ers, with their names and ber of persons may join in suet ap
file with the City Recorder a written the time and place for them to meet, peal, and the only question to be de­
objection or remonstrance against and specifying with convenient cer-
the same, and said objection or re­ tainity the boundaries and termini of termined by such appeal shall be the
monstrance shall be a bar to any fur­ the proposed street or change, and question of the excess of damages
ther proceedings thereto for a period the boundaries and description of the over benefits and the excess of bene­
of six months, after which, if the private property to be appropriated fits over damages suffered and re­
Common Council proposes to change for such purpose and specially noti­ ceived by each person joining in such
said grade the same proceedings shall fying all persons claiming damages appeal.
by reason of the appropriation of
be had as in the first instance.
Section 7: An appeal shall be tak­
Section 30: If no such written ob­ such property to file their claim for en by serving a notice of appeal with­
jection or remonstrance be filed with­ such damages with the Recorder be­ in 20 days from the adoption of the
in the time designated, or if the com­ fore the time so appointed for the report of the viewers by the Council
mon council finds that such objection meeting of the viewers, and the Re­ upon the Mayor, Recorder or Attor­
or remonstrance is not legally signed corder shall also send by mail, post­ ney of the City, and filing an under­
by the owners of more than one-half paid, a copy of such notice to each taking with one or more sureties who
of the property affected by the pro­ of the property owners whose prop­ shall possess the qualifications of
posed change of grade, the Common erty is proposed to be appropriated, bail upon arrest in a civil action, and
Council shall be deemed to have ac­ or to the agent of such owner when shall justify in like manner, condit­
quired jurisdiction to change by or­ the postoffice of such owner or agent ioned that the appellant will pay all
dinance the grade as described in the is known to him, but if such post­ costs and disbursements that may be
office address be unknown, then such awarded against him on appeal, not
resolution previously adopted.
Section 31: When the grade of any notice shall be directed to such own­ exceeding $300.00, together
with
street has once been established, and er or agent at Tillamook, Oregon. proof of service of such notice in the
any permanent building or improve­ The published notice herein provided office of the Clerk of the Circuit
ment has been constructed on any for shall be deemd conclusive notice Court.
lot abutting said street, or affected by to all owners of property whose
Section 8: The City shall be con­
such change of grade, the owner or property shall be appropriated for sidered the plaintiff, and such appeal
owners of any such permanent build­ such purpose.
shall be conducted and be heard and
ings or improvements during the time
Section 4: The Recorder shall, at determined, and the judgment there­
designated for filing objections or least five days before the date set on enforced, as far as practicable, in
remonstrances, may file with the City for such meeting, cause said viewers the same manner as an action at law
Recorder a claim of damages by­ to be notified of their appointment, The jury shall view the proposed
reason of such proposed change of and of the time and place of such street, the property to be appropriat­
grade, and such claim shall describe meeting, and said viewers shall meet ed, and the property against which
the land upon which such buildings at the time and place designated, and benefits are assessed, and the evi­
or improvements stand, and an es­ shall then be sworn to faithfully dis­ dence of damages and benefits may
timate of the value of said buildings charge the duties assigned them. be introduced by the city and the ap­
or improvements, and of the damages They shall then, or on any subse­ pellants, but the issues, testimony and
which said change of grade will quent day on which they may adjourn verdict upon such appeal shall be
«cause thereto, and said claims, and (which adjournment shall not exceed confined to the parties appealing, and
all statements contained therein, shall one week at a time) proceed to view the jury shall not reassess any dam­
be sworn to by the party or parties the proposed street or change, and ages or benefits not appealed from.
owning said buildings or improve­ to determine and assess how much, The jury in making the reassessment
ments and the land, or by their a if any, less valuable lands, or any of damages or benefits, shall, in its
gents or local representatives There­ part thereof through or over which determination of the same, be gov­
after the Common Council shall ap­ the proposed street is to be opened erned by the same laws and in this
point three disinterested freeholders laid out, established, or changed, will charter provided for the action of
of Tillamook City, Oregon, having be rendered thereby; and shall also viewers. The verdict of the jury shall
the same qualifications as viewers for ascertain the respective interest of be a final and conclusive determi­
the opening, laying out and estab all persons claiming to be the owners nation of such assessment, unless the
lishing of streets, to estimate and of the lands or other property afore­ judgment rendered in such case shall
determine the damages that will be said, or of the improvements thereon, be reversed or modified on appeal. An
sustained bythe owners ofbuildings or or to have any interest in such lands, appeal to the Supreme Court of the
improvements affected bysuch change or improvements, and the damage State may be taken from such judg­
of grade, and to assess the benefits which each of said owners, respect­ ment in the same manner as other
accruing to property benefitted by ively, will sustain, but the right and judgments of such Circuit Court and
such change of grade. The viewers title of the owners of such improve­ with like effect.
shall be appointed, and they shall ments shall not be affected by such
Section 9: If any appellant fails to
qualify, and notice of their meeting proceedings, and the appropriation of recover greater damages, or to se­
and of the filing of their report, shall such lands, if such owner shall with­ cure a more favorable assessment of
all be done in the same manner as in 60 days after the appropriation of benefits, as the case may be, than
similar acts and proceedings arc done such lands shall be completed, or were assessed by the viewers, judg-
in the opening and laying out, and within such further time as the Coun­ mnt shall be rendered against him
establishing of streets. The said view­ cil shall allow therefor, remove such and his sureties on appeal for his pro­
ers shall include as a part of the ben improvements front such lands. Other portion of the costs of such appeal to
efits assessed the amount of their wise such improvements shall become be paid pro rata according to the re­
compensations for services, which and be the property of Tillamook spective amount of damages and ben­
shall be the sum of $3.00 each for City. Said viewers shall also make a efits assessed. The same fees and
each day actually engaged in said just and equitable estimate and as­ costs shall be taxed and paid upon
service, but in no case shall the a- sessment of the value of the benefits such appeal as are allowed in other
mount of such assessment of benefits and advantages of said proposed actions.
exceed the actual benefit to the lot street or change to the respective
Section 10: In all actions, suits and
or parcel of land, or other real prop­ owners and other persons interested proceedings concerning the opening,
erty so assessed, deducting therefrom in all lands or other property which laying out, establishing or changing
any damages or injuries to the same said viewers shall deem specialty of any street under the provisions of
which are less than said benefits. Nor benefitted by such opening, laying this Charter, all proceedings had for
«hall any damages be awarded for out, establishing or change. Said that purpose shall be presumed to
any building erected prior to the viewers shall thereafter, at their ear­ have been regularly and legally tak­
establishment of the grade which is liest convenience, report the assess­ en, until the contrary is shown.
proposed to be changed, and no a ment for damages and benefits as in
Section 11: The Council at the ex­
ward of damages to any person shall this Section required to the Common piration of the time limited for ap­
be greater than the amount claimed Council, but any failure to state the peal, if no appeal be taken, or immed­
and sworn to by said person as here­ name of any owner, or mistake in the iately after judgment is rendered on
inbefore provided, and if in the judg­ name of any owner, or a statement appeal, if appeal is taken, if it shall
ment of said viewers the whole of a name other than that of the true •deem it adviseable to open, lay out,
amount of said damages and com­ owner, in such report, or in the or- establish or change said street in pur­
pensation of viewers shall exceed the linance adopting such report in the suance of said judgment, shall by res­
actual benefit of the specific property locket of city liens where the same olution direct the Recorder to enter
subject to assessment, they shall so is entered, or in any notice required in the docket of city liens the respec­
indicate in their report. The said by this Charter, shall not render void tive sums of benefits over damages so
viewers shall make a report of their nor in any way affect the lien of such assessed, upon each particular lot or
findings of benefits and damages to tssessment upon the property assess­ parcel of land, and the names of the
the Common Council, and the same 'd The viewers shall receive as com­ owners or other parties in interest in
shall be heard, considered and adopt- pensation for their services, the sum the lands or other property benefitted
' ed, and the assessments of benefits of $3.00 each for each day actually and assessed in like manner as as­
shall he levied, docketed and collect­ rendered in such service, to be paid sessments for street improvements
ed, and kept in a seperate fund. An '>y the city and charged as costs, and are entered in said lien docket, and
appeal from said report may be taken issessed as part of the benefits bv when so docketed said sums shall be
and the findings of the jury in such «aid viewers, and shall prepare ail a lien or charge upon the estate and
, cases shall be final and conclusive in reports for them.
interest of the respective owners ar.d
.the same manner, to the same extent,
Section 5: I pon the filing of said parties interest in such lands or other
and with the same effect as provided . eport
of viewers with the Recorder, property and also the said owners
'in the opening, laying out, establish
and other persons interested, as afore
ling and changing of streets. When ic shall immediately cause a notice said, shall be respectively and sever­
o be published for a period of two
such assessment is fully collected ths weeks
in a newspaper published in ally liable to pay said assessments,
(Common Council may change the
City, Oregon, of the filing and in case no appeal or other pro­
grade of said street, and warrants 1 >f illamook
report, giving the date not ceedings in Court be taken as to ani
shall be drawn upon the special fund ess said
than jo days from the date of the such assessment of benefit or dam
•o provided in favor of the person cn
list publication ot said notice, when «Res, the said excess so assessed
.titled to damages. But if after the the
same will be considered by the shall be paid to the Treasurer of the
’collection of any assessment as here
City of Tillamook within ten days
in provided the Common Council - oinmon ( ouncil, describing with from the time of entering the same
certaintv the boundaries
shall not change the grade of any convenient
on the docket of city liens, or the
street, the amounts of anv assessment >f the district assessed by the view­ same shall be deemed delinquent, and
ers in said report, and notifying all
so collected shall be refunded to th« persons
to present in writ- thereupon shall be collectd in like
berson or persons paying the same ng their interested
objections to said report, if manner as provided for the collection
f>y ami through their legal represent
they have, and said objections, of other delinquent assessments by
ativesor successors in interest as to if my
nny there be, together with said re­ this charter, excepting that if all the
Said matter.
port shall be heard and determined property upon which assessments are
>y the Council at the time specified due and delinquent is not sold at any
A MF.ASURF
<n said notice, or at such other tune sale, proceedings may be begun for
Article \ 111 of the Chart- 1» the hearing thereof may be ad a subsequent sale immediately after
jouiucd to. It shall also be the duty »the returns of a sale are made. All
moneys arising from such assessment
of benefits shall be kept in a separate
fund and be applicable to the satis­
faction of the excess of damages ov­
er benefits assessed to the owners
and other persons interested in the
property taken or damaged for the
purpose of laying out, establishing
or changing the street in the matter
in which such benefits are assessed
and for the payment of the expenses
incurred by the City for surveying,
advertising and viewers in said pro­
ceedings.
, , „
Section 12: Whenever the full a-
mount of the assessment of benefits
as entered in the docket of City Liens
is paid into the City Treasury, war-
rants shall be drawn on the 1 reasur-
cr. pavable out of the fund to be pro­
vided for that purpose, for ».the a-
mount of excess of damages, or ex­
cess of damages and costs assessed,
and in favor of the owner or owners,
or other persons interested, and when
said warrants therefor are drawn and
ready for delivery to the parties en­
titled to the same, such property shall
be appropriated for the purpose of
such street and not otherwise; pro­
vided, that no process of any court
shall issue to compel any appropri­
ation for damages or the issuing of
warrants for the same. And unless
such assessments are collected, and
said warrants are so drawn and ready
for delivery within nine months after
the termination of the time limited
for appeal, if no appeal be taken, or
within nine months from the rendi­
tion of final judgment on appeal, if
an appeal be taken, all acts and pro­
ceedings under such survey and view
shall be null and void, provided that
the Common Council may order the
whole amount of damages allowed,
or such part thereof as it may deem
proper, to be paid out of the general
funds of the City, or may order the
same to be so paid temporarily, and
that the general fund be reimbursed
for said payments from the special
fund provided for that purpose when
the same shall be collected.
The Recorder shall not deliver any
warrant for damages on account of
the opening or widening of a street
until the person in whose favor such
warrant is drawn shall have exhibit­
ed to him satisfactory proof that
there are no prior liens on the land
appropriated which may be affected
by such appropriation.
Section 13: And when said war­
rants are drawn and ready for deliv­
ery to the parties entitled to the same
the property required for public use
as shown in the report of the City
Surveyor shall be deemed appropri­
ated for the purpose of the street, and
the Council shall be deemed appro­
priated for the purpose of the street,
and the Council shall by resolution
declare such street to be opened, laid
out, established or changed, and with­
in thirty days after the adoption of
said resolution the City Surveyor
shall file for record with the County
Clerk of Tillamook County, a copy
of said resolution, and an accurate
plat of said street and of the proper­
ty so appropriated for public use.
Section 14: The Council may pro­
vide by ordinance any regulations as
to the manner of opening, laying out,
establishing or changing streets not
in conflict with this Charter, and may
provide by ordinance anything con­
venient and necessary for the effect­
ual carrying out of the spirit and in­
tention of this Charter.
A MEASURE
To amend the Charter of Tillamook
City, Oregon, by adding thereto
an Article to be known as Ar­
ticle XII
BE IT ENACTED BY THE PEO­
PLE OF TILLAMOOK CITY,
OREGON, AS FOLLOWS:
Section 1: The Charter of Tilla­
mook City, Oregon, is hereby amend­
ed by adding thereto an article to be
known and designated as Article XII,
to read as follows:
ARTICLE XII.
Section 1: It shall be the duty of
the Mayor, whenever necessary, to
procure blank bonds of suitable de­
sign, and cause the same to be prop­
erly prepared in amounts of not less
than $100.00 each, made payable with­
in a period of not to exceed twenty
years, with interest payable either an­
nually or semi-annually as may be
directed by the Common Council. All
such bonds shall have designated
thereon “Water Bonds”, "Street Im­
provement Bonds”, “General Bonds”,
or otherwise as the case may be.
None of said bonds shall in any event
be sold otherwise than for cash, nor
shall they be sold for less than the
par value thereof, and the rate of in­
terest thereon shall not exceed six
per cent per annum.
Section 2: No bonds of any char­
acter shall evig be issued upon the
faith and credit of Tillamook City,
except after the passage of an ordi­
nance by the Common Council auth­
orizing the same, which ordinance
shall always be subject to the power
of the referendum reserved to the
legal voters of Tillamook City, pro­
vided that the Common Council upon
the passage of such ordinance may
provide for its submission to the peo­
ple for rejection or adoption, and
provided also that if any ordinance
shall be passed or adopted by the
Common Council authorizing the issu­
ance of bonds for any purpose, and
the same shall be approved by the
Mayor, or if disapproved by him pass­
ed over such disapproval, and if the
power of the referendum be not
thereupon invoked, the issuance of
such bonds shall be deemed authoriz­
ed without any election called for
that purpose, except that in case the
Common Council shall by ordinance
provide for the issuance of street im­
provement bonds without any guar­
antee of the payment thereof in
’whole or in part out of the general
funds of Tillamook City, snch ordi­
nance shall not be subject to the pow­
ers of the referendum.
Section 3: All bonds issued by Till­
amook City shall reserve the right
to the city to take up and cancel any
or all of sai<l bonds upc
the face thereof with ac crue
to the date of such pay
ter five rears from the
bond, which right of
hereby vested in Till
Such bonds shall be
consecutive numbers, commencing
with the lowest number unpaid, and
notice of the intention of the City to
redeem any bonds shall be published
in two consecutive weekly issues of a
newspaper published in 1 illamook
City, Oregon, by the City 1 reasurer,
within one month prior to the pro­
posed redemption, which shall be con­
clusive notice to the holder of said
bond or bonds, and interest on such
bond or bonds shall cease after the
date fixed in said notice for redemp­
tion.
A MEASURE
To Amend theCharter of Tillamook
City, Oregon, by adding theti-
to an Article to be known
as Article XIII.
BE IT ENACTED BY THE PEO­
PLE OF TILLAMOOK CITY.
OREGON, AS FOLLOWS:
Section i: The Charter of Tilla­
mook City, Oregon, is hereby atnenu-
ed by adding thereto an Article to be
known as Article XIII, which shall
read as follows:
ARTICLE XIII.
Section 1: The initiative and refer­
endum powers reserved to the people
of Tillamook City by the constitution
of the State of Oregon as to all local,
special and municipal legislation of
every character in and for said „Tilla­
mook City, shall be exercised as may
be provided for by the Common
Council of Tillamook City, Oregon,
subject to the provisions of said con­
stitution, provided, however, that no
ordinance of 1 illamook City, Oregon,
shall go into effect within less than
thirty days after its passage by the
Common Council and approved by
the Mayor, unless the same shall be
passed over his veto, and in that case
it shall not take effect and become
operative until thirty days after such
final passage, except measures neces­
sary for the immediate preservation
of the peace, health or safety of the
City, and no such emergency measure
shall become immediately operative
unless it shall state in a separate se<
lion the reasons why it is necessary
that it should become immediately
operative and shall be approved by
the affirmative vote of three-fourths
of all the members elected to the
Common Council taken by ayes and
noes, and also approved by the May­
or.
Section 2: The Common Council
may provide for the submission to
the legal voters of Tillamook City
for their approval or rejection any
ordinance or charter provision, or
amendment, without a petition there­
for, and may provide for the calling
for special elections to vote upon any
ordinance, or charter amendment re­
ferred to the legal voters of the City
by petition or otherwise, but no such
election shall be held without 15 days
notice thereof being first given by
publication in two or more consecu­
tive weekly issues of some newspaper
published in Tillamook City, Oregon,
which notice shall contain the full
text of the measure to be voted upon
at said election, together with the
form in which said question will be
submitted upon the official ballot for
voting thereon, and said election
shall be held within thirty days from
the date of the first publication of
said notice.
Like notice shall be
given of the 'submission of any ques­
tion which is to be voted upon at any
general election held in Tillamook
City, Oregon.
A MEASURE.
To antmend the Charter of Tilla­
mook City, Oregon, by adding there­
to an Article to be known as Article
XIV providing for the refunding of
the outstanding warrant indebtedness
of Tillamook City, Oregon.
BE IT ENACTED BY THE PEO­
PLE OF TILLAMOOK CITY,
OREGON, AS FOLLOWS.
Section 1: The Charter of Tilla­
mook City, Oregon, is hereby amend­
ed by adding thereto an Article to be
known as Article XIV, providing for
the
refunding of the outstanding
warrants of Tillamook City, Oregon,
which amendment shall read as fol­
lows;
ARTICLE XIV,
Section 1: The Common Council
of Tillamook City, Oregon, is hereby
authorized to issue general bonds of
Tillamook City, Oregon, upon its
faith and credit, to an amount not ex­
ceeding $70,000, and to apply the pro­
ceeds from the sale of such bonds to
the discharge and payment of the
outstanding city warrants of Tilla­
mook City, Oregon, and for neces­
sary running expenses of said citv
for the year 1914.
Provided, how­
ever, that no part of said proceeds
shall be used for the payment in
whole or in part of any such warrants
which have heretofore, or may here­
after be issued without any consider­
ation therefor having been received
by said Tillamoook City.
Section 2: None of the bonds here­
by authorized shall be sold otherwise
than for cash or in exchange for out­
standing city warrants, and in no
event for any less than the par value
thereof, but the holder of any such
warrants, the payment of which is
not prohibited by the provisions of
this Article, may exchange such war­
rants, with the consent of the Com­
mon Council, for said bonds, said
bonds to be taken at par with accrued
interest and the said warrants to be
put on the same basis.
Section 3
The bonds
hereby
authorized shall only be issued after
the passage of an ordinance by the
Common Council authorizing the
same, and said bonds shall be payable
within a period of not to exceed
twenty years, to bear interest at the
rate of not more than six per cent,
per annum, payable annually or semi­
annually as the Common Council
may determine, with the right there­
in reserved to Tillamook City to re­
deem anil cancel any or all of said
bonds upon payment
of the face
thereof with accrued interest to the
date of such payment at or after five
vears from the date of such bond.
6uch bonds shall be redeemed by
consecutive numbers, commencing
with the lowest number, and notice
of the intention of the City to redeem
any such bonds shall be published for
two consecutive issues of a news
paper published in I illamook City.
Oregon, by the City Treasurer, with­
in one month and not less than ten
days prior to the time fixed for the
redemption, which shall be conclu­
sive notice to the holder of such
Of bon<1*'
interest thereon
»hall cease after the date fixed in
notice lor redemption.
Summons.
In the Circuit Court of the State of
Oregon for Tillamook County.
W
N. McMillan, as the guardian
of the person and estate of
Frances
Xavier Moreau
(Frank Marey) an incom­
petent person.
Plaintiff,
vs.
W ill Ten Eyck, Alfrcda Ten
Eyck and also all other per­
sons or parties unknown
claiming any right, title, lien
interest or estate in the real
estate described in the com­
plaint herein.
Defendants.
To the above named defendants
Will Ten Eyck, Alfreda Ten Eyck
and also all other persons or parties
unknown claiming any right, title
lien, interest or estate in the real es­
tate described in the complaint herein.
In the name of the State of Oregon
you and each of you are hereby re­
quired to appear and answer the coin­
plaint filed against you herein on or
before the last day of the time pre­
scribed in the order of the publication
hereof, towit; August 20th, 1014, qnd
if you fail so to answer and appear,
for want thereof, the plaintiff will ap­
ply to the Court for the relief prayed
for in the .complaint, towit; for a de­
cree that plaintiff is the owner in. fee
simple of the following described
real property, towit; Beginning at a
point 58.16 chains west and 42.15
chains south of the northeast corner
of section 21, Tp. I N., R. to West of
the Willamette meridian thence north
74 degrees east 7.08 chains fit initial
point of tract herein conveyed, said-
point being the southeast corner of
what is known as the Ralston 5 acre
tract, thence north 16 degrees west
220 feet, thence south 16 degrees west
23.456 feet to the northeast corner of
tract sold bv Geo. W. Kiger and wife
to Frank Marey by deed dated Oct­
ober 10th, 1902 and recorded in book
“Z" of deeds page 31 records of Till­
amook County, Oregon, thence south
16 degrees cast 220 feet to southeast
corner of Marcy tract, north 74 de­
grees east 23 456 feet to initial point,
all being in Tillamook County, State
of Oregon, ami that it be adjudged
that defendants have no estate or in­
terest whatever in or to said real
estate, and that said defendants and
each of them be forever barred from
asserting any right or claim whatever
in or to said property adverse to
plaintiff, and for such other or further
relief as to the Court may seem meet
with equity.
This summons is served upon you
by publication by order of the Hon.
Webster Holmes Judge of the Ci.-c lit
Court for Tillamook County, Orcg'.n,
which said order is dated, July 8, 19'4
and the date of the first publication
hereof is July gth 1914 and the date of
the last publication and the last date
on or before which you arc required
to answer is and will expire August
20, 1914.
T. B. Handley and M. I. Gersoni.
Attorneys for Plaintiff. *
Notice for Publication.
Department of the Interior, U. S.
Land Office at Portland, Oregon,
July 13, 1914.
Notice is hereby given that Wesley
B. Sutton, of Tillamook, Oregon, who
on May to 1909, made Homestead
Entry, No. 01778, for S.
S.E. %,
N.E. % S.E. J4 and S.E. % N.E.%,
Section 9, Township 1 South, Range
8 West, Willamette Meridian, has
filed notice of intention to make fi­
nal Fiye year Proof, to establish
claim to the land above described,
before the County Clerk of Tillamook
County, Oregon, at Tillamook City,
Oregon, on the 24th day af August,
1914.
Claimant
names as witnesses:
Wesley Rush, George T. Kiehm,
Leonard Rush and John Little all of
Tillamook Oregon.
,H. F. Higley, Register.
$100 Reward $100.
The readers of this ‘paper will be‘pleased
to learn that there is ’at least qjic dreaded
disease tliat science has been able to cure in
all its stages, and that is Catarrh. Hill’s
Catarrh Cure is the only positive cure now
known to- the medical fraternity» Catarrh
being a constitutional disease, requires a
constitutional treatment.
Hall’s Catarrh
Cure is taken internally, acting directly upon
the blood and mucous surfaces of the system,
thereby destroying the foundation oC the
disease, and giving the patient strength by
building up the constitution and assisting
nature in doing it.-: work. The proprietors
have so much faith in its curative powers
that they offer One Hundred Dollars for any
case that it fails to cure. Send for list of
testnn onials
Address H. S. CHENEV & CO., Tried o,
Ohio.
Sold by Druggists, 75c.
Take Hall's Family Pills for constipation
V
iV
HARNESS
with the problem of buying Harness
you will find it distinctly arlvanta-
geotis to come and do your select
ing here. You will get the best
pialities, the most thorough and
-.onscieniions workmanship and be
narged the ill 1st reasonable prices.
We can ’ i >,»'y <n;lj or da.ibl
•iets or any .■'ingle article that you
tn iv be in need ot.
W.A. Williams & Cc.
Reasonable-
DR. wbndt ’
Eye Specialist
Fit Glasse« at
Prices Guaranteed.