Tillamook headlight., December 10, 1914, Image 3

Tillamook Headlight, December 1O, 1914
THE JUDGE’S DECISION IN
I
tween Kiger and these other defend­
THE DWIGHT INJUNCTION
ants to take this out of the Statute count for much, and prosperity can­ convinced that we need a big army,
of Frauds and Kiger is bound, and not be built on shifting sand, but any it is only because they are convinced
CASE.
they have a right through Kiger, so town with half a chance can be ¡nade that coast defenses can be so per­
far as he is concerned, to do what to grow and thrive when its citizens fected that a big army never can be
G. W. Kiger’s Poor Memory Gets s they are doing, and have been doing,
i
variety store
join with one accord in the boosting landed here to oppose them. They
Severe Roasting from the Bench.
and Kiger has not conveyed the land, program.—Polk County Observer.
will not be niggardly in appropriation
so they would not, the defendants
TIübAiDOOK, OREGON
would not stand in the relation of
of money for the making of big for­
Owing to the large amount of in­ tenants
in common with Dwight and GRANGERS DISCUSS BUDGET. tification guns. But if the mine and
terest that was taken in the Dwight Kiger. Kiger has simply given them a
Drop in and book Around-
injunction suit against Giebisch & right or license or permission to take Have All Day and All Night Session. submarine continue in demonstration
of their value of coast defense, what
Joplin, which was decided in favor of this stone from the quarry. There has
been no attempt to convey anything,
public opinion in the United States
the latter last week, Judge Webstei orally or otherwise. Nothing more
1 he 1 illaraock County Pomona will demand will be the making of
Holmes’ opinion is worth reading. As than this bare rock. So, if anyone is Grange met at Nehalem on Dec. 3rd,
submarine vessels of the most approv­
is characteristic with Judge Holmes, committing waste there, Kiger is about 90 members being present. A
ed
types and in sufficient numbers for
committing
it,
and
Dwight
should
he renders his decision right from the seek to restrain him, if there is a des­ class of 29 new members were initiat­
distribution along the longest shore
ed
and
new
officers
elected
and
in
­
bat and does not keep litigants wait­ troying of the free-hold, but instead, stalled.
RESOLVED
lines in the world. There seems left
ing in taking cases under advisement of that, Dwight and Kiger are going
Following is the list of officers for no room for reasonable doubt, al­
T
hat
people MAKE
for several months. Following is the hand in hand in this litigation so far the next two years: Master J. H. though the point is not a very mater­
as
the
pleadings
show.
While
they
evi
­
T heir G ood luck by
Dunstan; Overseer, Fannie Smith
court's opinion in the case:
dence does not show or disclose they Lecturer Mrs. M. N. Bays; Stewart, ial one, that the British dreadnaught
DOIhkj THE RIGHT THING
In this suit, in which Mr. Dwght were acting together, in the sense 1 . J. Koelbcrg; Asst, Stewart, R. C Audacious was sunk by a submarine,
WE HAVE MADE OURS
is the plaintff, he sets out, which the that they were partners, this matter Magarell; Chaplain, T. A. Porter; and not by a mine. The explosion at
evidence substantiates, that he was being a matter of public interest, they Ireasurer, Um. Maxwell; Secretary,
BY HOT ABUSING THE
the Owner of an undivided one-hall must have known something would K- C. Jones; Gate Keeper, Emily the stern of the ship would seem to
interest in the property described in be done near those premises and Johnson; Ceres, Millie Sappington; be conclusive on the point. Fortifi­
CONFIDENCE OfOUfca
the complaint, and upon which this Dwight knew they w'erc prospecting iomono, Alma Redberg; Flora, Mrs cations and their heavy guns can
PATRONS. 5QUAR,E,
quarry is located,—situated. The ev­ there, and knew they were investing Geo. Loerpable. and R. C. Magarell. never be entirely relegated, as the
idence shows, and also the pleadings, large sums of money, and by the least
The proposed County Budget was huge battleship easily may be, and
DEAL ALWAYS* WINS
that Kiger is the owner of the othei degree of diligence or inquiry could then taken up item by item and dis­
that
ere
long.
The
old
terror
of
WE WANT Id KEEP
undivided one-half interest, and that have ascertained by what rig'ht, and cussed at some length. The action of
they were tenants in common. I he could have restained Kiger from allow the grange on those items was as fol­ bombardment of our Atlantic and Pa­
OUR. PATRONS
Complaint alleges that the defendant ing them to go ahead, before they lows:—
cific ports may soon end.
Giebisch and Joplin without any right spent large sums of money, which he
Clerk's office—Recommended that
or authority, have been committing should have done as a matter of good the second deputies salary be cut
YOU CANT HAVE
waste by cutting and destroying the conduct and fair dealing. And Kiger trom $780 to $600.
Watchtower
Apartments-
B
ad
LUCK BY DOING
timber growing upon that portion oi is the man for Dwight to get after in
Sheriff s office—Approved as read,
THE RIGHT THING
the land which is an undivided state this business; and it makes no differ­
t reasurer’s office—Recommend re­ MRS. ALICE HEITSMAN,
between Kiger and Dwight, and they ence whether Kiger is getting too ducing from $4000 to $3200.
were wrongfully and unlawfully re- small an amount for this rock or not,
1, 2, 3 Room Apartments,
County assessor—Recommend cut­
raofing stones from this quarry. And so far as Dwight is concerned, if it is ting out one deputy or a reduction of
Furnished or Unfurnished,
they also claim they are destroying worth ten cents a ton to Dwight, his $900.
$1 to $5.00 PER WEEK.
the shubbery, and removing the soil portion of it, he can make Kiger pay
Surveyor’s office—Approved as
and earth, and converting it into their that if he can prove it, by proper pro­ read.
Free Phones, Water and Light.
own use, and they allege the value of ceedings, and the Statute gives him
First St and 4th Ave. East,
County Court—Approved as read.
the different things and ask for an in­ the right to treble the amount of
Circuit Court—Approved as read.
T
illamook
.................
O regon
junction.
whatever the verdict might be, if he
Justice Court—Approved as read.
The complaint states a good cause does not see fit to ratify what Kiger
Court House—Approved as read.
of suit as far as that is concerned. has done.
Coroner—Approved as read.
The defendants by way of answer, so
So in view of these matters, I disa­
School
Superintendent— Passed
far as Kiger is concerned, undertake gree with council on both sides as to over without recommendation or ap­
WE ARENoT DEPENDING ON LUCK. WE ARE
to set out a contract with Kiger, and the law applicable to this case, in this proval.
T
MAKING
GOOD AND TAKING A CHANCE ON
they set out the alleged proposition far, at least, as to the application of
Health, Widows, Poor, veterinary.
j ¡Ml
WHAT HAPPEN5. If WE PLEA5E YOU AND
submitted to the United States Engi­ the rule of co-tenancy, as between the Indemnity, Sealer of Weights and
neers, to the Government, for the jet­ defendants and Dwight and Kiger, Measures, Auditing and County Fair.
GIVE YOU YOUR. MoNEY’5 WORTH OF FRE5H
ty work with reference to the stone there is no such relation in my judg­ —Approved as read.
GROCERIES, WE CAN’T HELP BUT «SUCCEED.
in this quarry. And it is claimed by ment, existing between the defend­ School Fund—Approved as read.
the defendants that that was really ; ants and Dwight and Kiger, so the
WE WILL GIVE YOU A .SQUARE DEAL AND
Printing—Approved as read.
the basis or moving cause in their rules would not apply which have
County Agriculturist—Approved as
«SEND YOU AWAY «SATISFIED, «So YOU WILL
minds for selecting this site, provided I been cited.
read. Recommend continuation of of­
COME AGAIN. IT 15 YOUR REGULAR. CUS­
the stone proved to be of the proper
And I think too, that Dwight, as a fice of Sealer of Weights and Meas-
quality and suited for the jetty pur- i matter of law, while it may not be ures with it.
TOM AND CONFIDENCE WE ARE AFTER. COME
;
Truant Officer to State Taxes—Ap­
poses, and it is also claimed further necessary
i
to pass upon it at this time,
IN AND WE WILL CONVINCE YOU WE ARE
in the answer that they had a con- i I am simply expressing my views, I proved as read.
Road estimate.—Approved as read.
tract with Kiger to take this at a I think the doctrine of estoppel would
MAKING GOOD.
Resolution adopted.
specific price, to take the stone, and : apply to him, so far as these defend­
with the problem of buying Harrietts
Whereas, the present road out of you will find it distinctly advanta­
they were to clear away the trees, : ants are cncerned. While it has been
and soil on the premsies at their own i said by both Kiger and Dwight that Tillamook County via. Dolph and geous to come and do your select I
expense, and that Kiger was to have i each of them knew nothing of what Wilamina contains many steep grades iug here. You will get the best
GROCERIES, SMOKED MEATS, FRUITS, VEG
a stipulated price, by the government i the other was doing in this transac­ and is also impassable about ten qualities, the most thorough and
conscientious workmanship and be
weight, for the stone remvoed, and tion, there is evidence here that when months in the year, there be it
ETABLES, HAY, GRAIN, FEED.
Resolved, that it is the sense of the charged the most reasonable prices.
this offer describes a portion of the the contract was taken that was sub­
Tillamook
County
Pomona
Grange
We can supply «ingle or double
land set forth in the complaint dif- mitted in evidence, the unsigned con­
TILLAMOOK,
OREGON
erent from that where the quarry is tract, to Mr. Kiger in his office by that a new county road should be Sets or any single article that you
may
be
in
need
of.
built
arund
Dolph
Hill
via.
Bear
camp
actually situated, and it is claimed Mr. Woodward, that he said his part­
that Kiger put them into possession ner was going out to Portland and to connect with Polk and Yamhill
of the land described in the offer. would take it up with Giebisch and Counties thereby eliminating many W.A, Williams & Cc
The answer has been amended in one Joplin there. Mr. Kiger says he did steep grades; and that we take this
part to correspond with the proof not say any such thing, but without matter up with the counties concern­
that they were not put into possess­ implying that Mr. Kiger would delib­ ed and urge the County Court to do
EAT VIERECK’S
ion of the land described in the offer, erately falsify, his memory was the the same; Also that wc take it up
but upon the portion where the quar­ very worst 1 have ever encountered, with the State Legislature and the
Auto Club seeking their co-op
ry is actually located, but the answer as bad anyway,—at least he seemed Slate
BREAD
eration and aid in bringing this
does not set forth there was any mis­ to have a very poor memory of what about.
take upon the part of Kiger or them­ occurred, on the witness stand yester­
The executive committee was also
selves in this offer, nor are there any day, remarkably so. On the other authorized
to take steps, with the TILLAMOOK BAKERY,
allegations in the answer by amend­ hand, Mr. Woodward seemed to have County Court
and State Humane So­
ment, or otherwise, that they had a very clear recollection of what ciety, toward having
a humane officer
simply and purely an oral contract, transpired, and whether he said that for Tillamook County,
appointed.
which would take it out of the Stat­ or not, the evidence shows that Mr.
We believe that the Pomona Grange
At All Grocers.
ute of Frauds, and make much a con­ Dwight did take this matter up im­ established a record among granges
tract by that conduct and act, if it mediately afterward in Portland, per­ for perseverance in the matter of
took place, as could be specifically sonally, and followed it up by a letter. their business meeting for the. meet­
enforced. The evidence here I think So that suggests they did know some­ ing was called to order at ten am.
is sufficient to support that theory. I thing about what was going on, and Dec. 3 and did not adjourn till 5-3° • at a.
.* « » • a • *
think there is evidence here that we can't get away from it, there is a.m. Dec. 4. A recess was taken at Jsidnay E. Henlersin, Pres.,
would bind Kiger.There has been such conduct that speaks more forcibly noon to eat and another for the same
a partial performance, but this Court sometimes, than words. And it is (he purpose at night but aside from that 1 Surveyor.
is powerless to specifically enforce it duty of every man, when he finds the time was filled with business and • joi n Leland Henderson, Sec­
because the answer is not drawn upon property is being disturbed or inter­ discussions.
retary Treat)., Attomey-at-
•
that theory,—so we get back to the fered with, especially where people
R. C. Jones, See.
Law, Notrary Public
are
laying
out
large
expenditures,
—
■
first analysis of the case.
to
take
some
steps
—
it
is
nothing
Council for plaintiff have apparent­
End of an Old Terror.
Tillamook Title and
ly, (at least, it so impressed me) more than a matter of right and fair
-----o-----
dealing
to
try
and
prevent
it
in
its
•
Abstract co.
taken the position here that the bur­
The question raised by the subma­
den is entirely shifted upon these de­ inception. A man must always use
a
some
diligence
to
try
and
protect
his
rine,
and
the
ocean
mine,
touches
Liar,
Abstracts,
Rul K state,
fendants and if the defendants have
In an L. C. Smith & Bros. Typewriter
more than the battle ship. It includes e
Surveying, Insurance.
not made out sufficient showing that own property.
So
to
sum
this
case
up
as
it
now
the point on the paper which is to receive the
they had such an arrangement with
I loth Phone».
the question whether vast expendi­
Kiger that could be specifically en­ stands in the mind of the Court, the tures for the making and placing of 8 TILLAMOOK - - OREGON.
type
impression is stationary at the instant the
forced, the plaintiff must necessarily plaintiff has failed to prove such facts great fortification guns on works in
as
would
entitle
him
to
the
relief
e
type
hits. The carriage does not bob up and
recover, but that cannot be true, be­
.■ a a a.
a a «
prayed for in the complaint, and the harbors need be continued on the
cause the plaintiff must make out his defendant
down when the shift is made to write capitals.
having failed to come into present scale or on the larger scale
ease as alleged. So the situation here,
in answer, declaring upon the which has been contemplated. In the Singer Sewing Machine
purely and simple, is this. This plain­ Court
as the evidence discloses has
Why?
tiff is asking for extraordinary relief. contract
Company.
inaugurated and is now in exis­ latest annual report of Brig. Gen.
An injunction is never asked except­ been
between the defendants Geib- Grozier, chief of the Bureau of Ord­
Because the type is shifted—not the carriage.
ing in extraordinary cases, or should tence
and Joplin, and Kiger, the only inance, the statement is made that the GEO. II. ALDERMAN,
not be a4 least, and the rule can be no isch
decree
to
be
entered
is
one
dismissing
Agent.
The only movement of the carriage Is back and
better than stated by Spelling on Ex­ the suit and that will be the decree government arsenal at Watervliet has
traordinary Remedies, Vol.I, Second of the Court,—defendants to recover been tested, and have proved the effi-
forth
on its closely adjusted ball bearing runways—
Machines for sale and rent.
Edition, page 238, and this applies to
year past in making heavy guns for
costs
and
disbursments.
and
this
docs not take place while the print is being
Needles, pirt-t, oil and re
eotenanti, this rule, (1) in the absence
coast defense work.
of fraud and where there Is no privity
made.
There
is no lifting of the carriage.
pairs
forall
makes
of
machines.
Among them are the new style 14-
A Common Bond.
between the parties, the Court will
inch guns of greater caliber than
not interfere in the instance of a per­
This is one reason why L. C. Smith & Bros, type­
son so claiming, to grant a receiver
CLEANING
"What Makes a Town?” Is It those heretofore installed in Ameri­ TILLAMOOK
writing is free from blurs and every letter in the right
against the parties in possession, (this wealth "evidenced by fine homes and can defenses,, and of a much higher
rule does not apply; (2) nor will it in­
place.
AND TAILORING CO.
terfere in a like instance to restrain splendid store buildings? These may power of propulsion. They will dis­
Waste except malicious or destructive attest to the ability and thrift of cer­ charge shells weighing 1600 pounds
for Demonttratlon
»•st«, for example, by pulling down tain people, but they offer no great each, with s maximum effective range
buildings, stripping the estate of its inducements to commercial and mor­ of a little more than ten miles. At
timber, or other like acts, which no
that range projectiles will pierce 11.2
owner could do, which would destroy al progress. Is it the spirit of good inches of steel armor. The guns have
L. C. Smith & Bro«. Typewriter Co,
aged until every drop
the property before they could be order and law observance? That is a
rare and mellow,
•trested at law. (3) But flagarant acts factor only. The sleepiest old hamlets been tested, an dhavc proved the effi­
Hm< Olli«. ..4 ba.,,, SYRACUSE. N Y.
fl thjp character would, at the pres- that dot the map have this spirit in ciency claimed for them, at the range
what gives the
«t day, be te,trained and that before abundance. Is it the .chools and named and against the resistance in­
to Old
judgment of law, and notwithstand­
dicated. During the time they were
Churches?
May
their
number
ever
in
­
ing the plaintiff be out of possession
being manufactured, twenty-three 01
•nd his title taken on oath by the de­ crease, but they don’t make a town-
fendant.
they only culture it. Is it the geogra­ the latest type of 12-inch mortars
Harper Whiskey,
This rule applies to these parties, phical location, the character of the were made and sent to the Panama
fifty years tliat flavor
Canal.
Some
of
the
14-inch
guns
will
*’
as to strangers.
It is alleged here, and it is neces- country surrounding, the shipping also be sent there as well as to the
been the favont . ic
’"ry for the plaintiff to prove that the facilities, the natural advantages.- Phillippines, for the protect.on of
velvety richn't.
completion of said work, may do ao
Notice of Completed Contract,
defendants were there without any None of these are essentials.
varies. Your Grant"’
v. ithin tw wecka from the date of the
o
-----
right or authority, in other words,
Manila.
k
fol
"What is it that makes a town
chose Old I. V/.
Notice ia hereby given, that U. G. first publication,
they were trespassers. One co-tenant Just one thing—the unity of the peo­ Such assurances are cheering, to
Jackson, County Surveyor, for Tilla­ Dated thia the loth day of December,
«nnot trespass against his co-tenant, ple, the existence of a common bond lowing so many doleful cries about
becaule each has a right to possess-
mook County, Oregon, haa filed in
1914.
our unprepardness, and our
toit'of tbe whole. One co-tenant can which causes business and socnl ene­ lack of effect to prepare. Nobody
thia office hit certificate for the com­
J C. Holden
commit waste, and under certain cir- mies to put aside all differences when
because he 1;
pletion of the contract of M. M. Mead
County Clerk.
will
raise,
just
yet,
and
question
o
sumstanccs an injunction would lie, it comes to boosting a town. No to»n
the best.
A Son, by E. J. Ctauaaen, fruetee in
•nd the test is whether it is destroying ever made real progress on the way the utility of such work force«.J de
can find no f
Bankruptcy, which haa been done by
The jingoes sang that they had the
the free-hold or rendering it less val­
fctise operation«. If coast
the Tillamook Bay Construction Co. ships, the men and the money, too.
uable. Otherwise, an action at law will to substantial success without the get- were depen4ent solely on 1« J»’
together spirit unanimously adopted.
•office.
foi the grading of the J. M. Harrison Secretary Daniels improperly applies
mounted on fortifications, mo e ar
. Noy the only waste here, which it It has rejuvenated old hulks of towns
road between Miami bridge and Gari­ the name to those who merely in­
senals
than
the
one
at
h claimed, there is,—the question is, lat were yawning their way into
K. F. LA UGH LI
baldi,
and any peraon, firm or corpor­ sist that, we ought to have the ships
should
be
kept
nmn.ng
day
and
ng
’ho is committing it? As I remarked, endless .leep. It has infusedInes.
Tillamook, Ore.
ation having objection tao file to the and the men, for emergencies.
for the making of more such gu _
before the plaintiff can recover . he
•"••t prove thesd parties had no right and made thriving «ties out of para |f the mass of Americans connot be;
•a*’« »t
I" my judgment there
**• wen sufficient transaction be-
L AJVIAR’S
«
RAY & CO.
Printing Point Does Not
Bob Un and Down
Old
I.W.
HARr
WHISKEY
306 O^k st., Portland, Ore