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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (March 11, 1915)
TilTamook THEILER CASE REMANDED. “ ' ■ I Supreme Court Reverses Decision of The Circuit Court. fective sidewalk, and that such char ter provision contravened Section io of Article I of tin constitution of this state. “1 hough a purely municipal corpor ation does not ordinarily sustain to a person injured by its negligence the exact relation of a quasi public cor poration, it is believed that the ana- logy is sufficient to render a county liable in damages for a trespass upon private property when such invasion practically amounts to a taking of any part of the premises without condem nation. “We conclude that the complaint states facts sufficient to constitute a cause of aetion and that an error was committed in directing a verdict for the defendant. The judgment is there fore reversed and the cause remanded for a new trial.” Headlight, Mar? COURT REJECTS BIDS. For Clearing Rights of Way on Sand lake, Bayocean and Garibaldi- Wheeler Roads. I II, Road Dist. No. 3. Long &. Co.......................... Lee Lyster.......................... Fred Lyster......................... Tom Kellow........................ Loyde Kellow .................. U. S. Edwards, .................. Glen White ....................... Will Hudson, .................... J. M. Baker ........................ Milker Wants Job. I Good Swiss milker would like to get a job on a ranch, cither alone or with wife. 1 can milk any string of cows--- John L. Linder, care of Henry Zur- fluh, Mutual phone. EAT VIERECkj bread , TILLAMOOK BA John Theiler, appellant vs. Tilla- The bounty Court, composed of muk County, a case appealed froni Tillamook County, which was a suit County Judge, A. M. Hare and Com H. Melchior Meets With Accident. missioners McKimens and Owens for damages, was reversed and re- ----- o----- 34. At All Grocers manded by the supreme court. was in session last week. ----- Hubert Melchior had the misfor- Attorney H. T Botts was appoint Theiler sued the county for $1,000 $i46.<une to get a piece of steel in his eye Total ........................ ed deputy assistant prosecuting at damages to his land on account of a hilc working in the machine shop Circuit Court. torney for the present term of the culvert and Judge Webster Holmes morning, and Dr. Boals advised circuit court, District Attorney T. H. Albert Schlappi ............. dismissed the case on the grounds to go to a specialist in Portland Goyne asking for assistance on ac Daisy Schlappi............... that the complaint did not state facts have it removed. Mrs. Gervais................... count of so many cases. sufficient to constitute a cause of All the bids for the clearing of the Wm. Brill ...................... action. High School Notes. rights of way on the Garibaldi-Wheel Geo. Phelps ......... The Supreme Court's decision is D. A. Sisk ............ On your front porch can U roads er, Sandlake and Bayocean interesting in other respects: every ni^ht until midnigfc he topics for discussion at the Jas. Campbell ....... were rejected. “The action of the trial court ' was and register not over ent-Teachers' Business Meeting Clarence Edner ... Road Dist. No.i evidently based upon Section 358 L. fifty cents per month 1\ Monday evening were “Credit for in the meter. O. L. which, so far as important to a F Barnes.................................. $ 6.38 Hepan Brkic ........ ,,e Work " and “Dancing.” Credit consideration of the question here in F. Barnes.................................. 5-3’ S. L. Woodward .. f<Aome work was discussed quite 6.86 Chas. L. Clark ... • Attorney S. S. Johnson represents G. W. Wilks, .......................... volved, reads: "An action may be cx\sively, and the vote showed al- COAST POWER COMP. F. B. Pike.................................. 53’ Judson J. Spencer . maintained against and of the organ Theiler. W. H. Effenberger MQunanimous favor of giving cred L. H. Kenney, ........................ ized counties of this state upon a 3-75 Jennie Strong and Mrs. R. L it ‘Achool for work done at home. EMBEZZLER IS PUNISHED H. W. Klein............................. 21.00 Bradbury Batzner . contract made by such county in its conducting sawmill at Peoria. A. L. Stiniger, .... RVesentative W. C. Hawley has Wm. Chi.hulm, ....................... 13.75 corporate character, and within the Sutherlin—Coles Valley t sent* High School a complete col scope of its authority, and not other Ex Postmaster at Garibaldi senten O. A. White.............................. 1000 W. S. Hare .......... ced to 13 months. lection! publications from the ani railroad being promoted. G. T. Dougherty, ................... 11.25 E. R. Ayer............ wise.” Mr. Chief Justice Thayer in J. B. Howell and J. W. Stev G. H. Foland ....... mal oustry Bureau. These publica Wm. Bangbman ........................ Grant County v. Lake County, 17 Or. 13- 75 Charles F. Alexander, postmaster are making violins at Glendale. Fred Kabkee ...... tions A being used by the class in 7- 50 Jack Howland, ........................ 453. 460, >n referring to a change in Polk County treasurer salary at Garibaldi for two years, pleaded Jos Dürrer .......... dairyim Another set of publications 1562 D. Cummings ............................ the statute whereby the words, "and from tApublic Health Department $1500 to $750. not otherwise" were added and thus guilty Tuesday before Judge Bean in Chas. Gates............................... 8- 75 VV. E. Noyes........ E. J. Stack, in Labor Press: is being<et) by the Social Biology became part of the yanguage quoted, Federal Court to a charge of embez H. W. Klein............................ 1500 Erick Glad ............ class. Tfye publications are only a labor law passed. On the contrail and also alluding another clause of zlement from the Government and Wm. Chisholm.......................... 12.50 H. Crenshaw........ part of ^publications» Mr. Hawley the sentiment of both branches oitiB the statute said: “in any event, the was sentenced to serve at once a sen O. A. White............................... 12.50 Total ............................. I $178-05 has sent ft school this year, and the Legislature was unfavorable to hbl said amendment must be construed tence of 13 months at the Federal G. T. Dougherty....................... 12.50 Miscellaneous. school feeLery grateful ' > him for a great many of the lawmakers bdB in connection with said section 2239 Penitentiary at McNeill’s Island. He Wm. Banghman, ..................... ’3-75 (now incorporated as section 2861 L. is held at the county jail in Portland Dell Cummings.......................... 21.25 City Transfer .......................... 10.13 his courtesi ¡n providing them. The positively intolerant.” E. A. McGrath erects $40,000 ap J Q. L.) of the Miscellaneous Laws, and will be taken North by an attache E. A. Worthington................... 4500 Glass & Prudhomme, mds........ 82.35 publication^re all being catalogued 1.68 ment at Portland. of United States Marshal Montag ’ s J. C. Holden, freight, etc .......... and made ra y for the library. Wm. Barker.............................. which subjects a county to a suit on 8.75 Last Frida'irriOrning Prof. Griffin, Gottschalk & Fry 30,000 capacitffl Rosco Barker............................ 14- 75 Homer Mason, auto hire......... 12.00 account of any matters arising out of office within the next few days. Alexander was indicted by the last John Wall ................................ 10.60 A. J. Jimmerman, boat hire ... 2.00 of the Oregoi Agriculture College, sawmill at Forest Grove. its corporate obligations, whether Stayton—John Thoma buildj created by contract or otherwise.” Federal Grand Jury and was arrested Albert Miller............................ 10.60 Jonas Olson, indemnity ... . 12.50 and our Count Agriculturist R. Jor.es $1800 bungalow. on his return to Tillamook from San 441.00 Burroughs Add. Meh. Co ........ Section 2861 L. O. L. authorizes each E. Braunersenthren ................ gave the high ihool and the grades >45 Albina public market, Portland, pffl 1.40 Pacific Tel. & Tel. Co............. 38.69 above the secol grade interesting county in the state. ' to make all nec Francisco two weeks ago and taken A. E. Rittenhouse.................... . be enlarged. essary contracts and to do all other to Portland for trial. It is said he R. E. Myers, ............................ 65 C. B. Measor, drawings.......... 75-00 talks on “Indusk-,” The third, fourth Sta^e architects office and salitjl ». went to San Francisco to raise mon Tillamook Headlight .............. 79-75 Harry Maynard ........................ necessary acts in relation to the pro and fifth gradesone group have 375 ey to make up the shortage. Friends of $4500 abolished and official put «1 Aug. Sandberg, ....................... perty and concerns of the county." In club, with u 3-75 King & Smith .......................... 55-85 organized an ri |ustrial came to his rescue and reimbursed fees. 10.00 Alex Anderson, mds ................. L. S. Keene............................... the transactions of county business, John Snyder as pL lesident. The other I 1-50 Contracts for expending $600, wj 1.00 group, sixth, ¡seventh and eighth the county court is empowered to es the government to the amount of his F. P. Hobson, ......................... 31-50 T. C. Percy ............................. on Teal irrigation tracts in Umati'il peculations, about $1500. B. D. Lamar, mds .................... 1.35 Otto Shearer............................. tablish county roads within the coun 6.25 grades will orgi nize soon. County have been let to Porter Broil Because the losses were made up, a Chas. Morgan, ......................... 7-50 W. L. Campbell, board......... 5-7° ty, to do other necessary acts in re The Tillamoo Lime Product Co. Legislature evidently thought On- lation thereto, and to provide for the plea for leniency by J. J. Jeffrey, of Mark Hobson............ ............... 16.25 E. T. Haltom, mds ................. 1338 has very kindiv furnished the school erection and repairing within the Portland, and John H. Webb, of San Manual Krumlauf.......... . .......... 1500 Jones-Knudson, mds................. 9.60 gardens with iie ton of lime The gon needs more roads and less scenic county of public bridges upon any Francisco, attorneys for Alexander, John Paquet............................... 10.00 T. E. Epplett, board prisoners. 42.45 garden work ¡Progressing very well. highways. Ship building plants on the coat: highway. L. O. I.. 937, subdivisions 3 was successful. It was stated to the Hiram Ferry.............................. 500 Chas. Wilks, wood ................. 48.00 Frank Ebbs-i, who was burned are rushed with orders for new «* court, however, by L ’ nited States Dis Ffiram Crane.............................. 500 Coast Power Co........................ 3336 considerably aout the face and and 4. The authority thus conferred 1 trict Attorney Reames that the ex seis. 300 Mutual Tele ............................ Martin Ripley, ......................... 17-50 is amplified by section 5278 L. O. L. I hands while woiing in the chemistry Fox sawmill at Noti has resting 8.63 laboratory last Aonday, is improving “It will be seen that dominion over, postmaster was also short in his ac Henry Knighton....................... 1750 Glass & Prudhomme .............. counts with the express company and operations. 6.00 Tillamook Water Co ................. A J. Fleming, ......................... all public roads and bridges is vested 5.00 rapidly, and ¡'.expected back to Central Point has organized $!%-■ Fred Paquet............................... 10.00 Frank L. Owens, auto hire .. . 6.00 school next week. hy these provisions of the statute in the railroad, whose agent he was. 000 meat packing company. Alexander, who has been a timber 2.50 Geo. Benson, .......................... 10.00 1'acific Tel and Tel Co............. the county court, in the exercise of The basket ball-ame with McMin- Thirty-six lawyers want new officii which power, it is alleged in the com cruiser and in recent years followed John Langley, ......................... 22.50 Tillamook Herald, printing .. 60.50 ville, Friday, Math 12, has been of public defender created at Port-I plaint, the plaintiff's real property fishing, said he could not tell where Frank Crane................... 1000 Earl Ford ............................... 22.00 called off. A game vith Bay City has land and other cities arc to folloi ■ the money went and attributed the 21.91 Barthold Barge Co ................... C. V. Stoker .................... was damaged. The organic law con 42.50 now been schedulecfor that evening. suit. shortage to lax methods of bookkeep County Poor. Geo. W. Phelps.............. tains guaranty as follows: “Every •45 This w ill probably b the last game Portland flouring mills will ertel nian shall have remedy by due course ing. He admitted, however, that he Tillamook Bay Con. Co. 14500 Mrs. A. E. McKune ................ 3025 of the season, for theboys are direct was $500 short in his accounts in Jan $20,000 warehouse. 2.80 W. D. Gladwcll ....................... of law for injury done him in his per Tohl & Anderson,......... 6-45 ing their attention to asc ball. Frank Schmitt planing mill li I son, property, or reputation. Const. uary, 1914. Marked carelessness seem.« Wheeler Lbr. Co............ 8.35 1335 Tillamook Meat Co.................. "The Professor's Esapade,” a very erect large C utw new piani plant at ■*- Portland. v»* v»«*•• — wgfg to have marked his accounting, for 4 50 amusing affair indeet is the play Or. Art. I, Sec. 10. Wheeler Lbr. Co............ 78.02 Nelson & Co............................. ■ — Warsham & Herrick buy / his books had not been balanced for Malheur- J. J. Spencer ............................ 2.50 which the Seniors hav, decided to "In Eastman vs. Clackamas County. Flynn sawmill to cut mining timber ■ Tohl & Anderson ................... 1765 32 Fed. 24, 32, Judge Deady in allud eight months, it was said. Total.............................. $790.03 give. A committee is not working on Water board dropped two and at ■ One method whereby the Govern Tillamook Feed Co................... 15.75 the cast of characters, art! the play ing Io section 358 of our statute, Road Diet. No. a. salary of a third. I ment was defrauded was in collection 14.60 Rosenberg Bros ........................ when construed in connection with Alvin Blum, ....................... 10.87 will be presented in the nar future. Lakeport has a gravity water iyt I 80.00 Tracy Elliott .......................... the clause of the constitution referred of "C. O. D.” parcel post packages, John Proctor........................ 1438 tem from Clear Lake. 308 to, and in commenting upon such or Alexander failing to remit the money Fred Blum, ......................... 1500 E. L. Robertson ..................... Governor Withycombe is keeping I to the postal department. When he Garibaldi. Tillamook Feed Co................... ganic provision, observes. “Whatever B. E. Turner........................ 5-75 143S up the rcthenchment work. Official* I went out of office a few months ago, ----- o — - — • injury the law, as it then stood, took Alfred Reynolds................... 1438 Mrs. S. A. Clark ..................... 20.00 dropped and salaries cut are daily oc- I Mrs. Geo. Phelps is very critically Justice Court. cognizance of and furnished a remedy the defalcation was discovered hy John Blum............................ 6.38 i ill. Her daughter, Mrs. Harrs, of Ar currences. for, every man shall continue to have Iris successor. Peter Walker....................... 250 Arthur Darling ....................... io.So lington, Wash., w ho was calix) home, Eastern Oregon expects big grln . E. W. Stanley .......................... 4.60 a remedy for by due course of law.. Earl White,......................... 53’ and fruit crop. Tillamook Citizens Move Away. When this constitution was fornici! C. E.W alker,..................... 4 06 E. W. Stanley.......................... 20 50 arrived Tuesday. Ashland has substantial improve I Wm. Powell ............................ Mr. McMillan returned hone on 2.20 and adapted, it was and has been the Will Turner.......................... 4.06 ■ ment under way. law of the land, from comparatively | Mr. and Mrs. Andrew Christensen, H. Schlappie, ..................... 9.0? Wednesday, after a two week’ ses 15.62 J. W. Thompson, et al............ Nibley-Minnaugh sawmill, V allows an early day, that a person should who recently sold their farm, located Coats Lbr. Co..................... 187497 Herman Ressner ..................... 11.60 sion as a jurorman in the -ircuit running with full crew. have an action for damages against a ' four miles south of town, to Mr. F’aul C. M. Vidito,....................... 1050 E. W. Stanley........................... 16.65 court. Coquille—river channel to be dred county for an injury caused by its act Ebinger and son, John, have moved W. B. Aiderman, ................ 84 00 Surveyor’s Office. Mrs. Boyd, of Chewelah, Mash, ged to uniform depth of 10 feet. or omission. If this then known and to Forest Grove, where they intend Long & Co., ....................... mother of Fred Miller who was 22.77 Mrs. John Boyer, board......... Astoria orders three districts or accustomed remedy can be taken to nuke their home for some time. 172.00 Mrs. M. A. Meador, board ... drowned last week, arrived Friday. streets hardsurfaced. 1 J. H. Hicks ........................... away in the face of its constitutional Twenty-five years ago Mr. Chris Miller's body has not been recovered. 88.54 Ross Shreve, surveyor ........... Eugene conducting sutvey of home provision, what other may not? Can tensen bought a one hundred and Chas. F. Pankron,.............. 6.60 C. A. Dunn, Depty. Sur............ Rev. Mr. Swanders, State Supt. of industries. the legislature, in some spasm of sixty acre homestead from Frank Myrtle O. Mills, ................ ’50 Jas Baker, viewer ................... the Christian Church, held services in Bridge to be built over north iotic novel opinion, take away every man's Harris W hen he first bought it, the A. MeNair Co., .................. 60.43 W. Anderson, .......................... Shearer’s Hall Friday evening. of Siuslaw between Acme and Flor remedy for slander, assault and bat- : now productive farm was covered Ed. Stasek, ......................... 8-45 W. Baxter................................ Miss Dona NJcMillian was a week ence. tery, or the recovery of a debt? And with limber, logs, stumps and brush, Tillamook Feed Co............. 2.50 F. McKnight .......................... Salem—Three Justices of Supreme end guest at the Jacoby home, Bay if it cannot do so in such eases, why 1 By hard labor and an optimistic H. B. Johnson, ................... 17.18 C. S. Yach ................................ Court will build new homes. City. can it in this’" I spirit, Mr. Christensen changed this Russ Johnson, ..................... 2.19 L. A. Yach ................................ Capt. M. Smith has overhauled and "In Templeton v. Linn County, 22 wilderness into a productive and prof- Willard Johnson, ................ 5-00 F. Durschmidt ......................... DR. WENDT put in first class condition, his boat, Ore. 313, Section 358 of L. O. 1 . was ' ¡table dairy farm, A. Darby................................ Wm. Durischmidt ................... 5-00 Eye Specialist, the cruiser Arab. It is now ready for again considered and it was held that I i , Mr. and Mrs. Christensen had four T. W. Lyster, ..................... Fits Glasses »’ 2.19 Geo. Baxter.............................. Reasonable deep sea fishing and for charter. the enactment was a valid exercise of children, Sidney, who passed away Guy Vaughn......................... 2.50 Ross Shreve ............................ Prices. I the legislative power exempting the several years ago; Anna, who is niar- Robt. Neilson, ..................... Chas. McMillan and Ivan Ivanco- Salaries. 7-5° Guaranteed ' countv from an action for damage« ried and living in Michigan; George, C. S. Wells....................... vich were Bay City visitors Sunday. 12 50 Frank L. Owens ... .. 73 80 resulting from an injury caused hy ' now studying mechanics in Portland;, Ike Wells............................... 2.50 J. C. Holden,........... A party of young people walked to Administrator’s Notice. • ■ >33-33 failure to repair a public bridge. The and Florence a delicate child now, E. Benscheidt, ..................... 20 OO Kathleen Mills ....... ----- o----- . • 75-00 Manhattan and back on Sunday after vigorous dissenting opinion in that about eleven years of age. Sometime ' A. B. Freeburg, .................. Notice is hereby given, that the un 450 Vida A. Millis......... .. 65.00 noon. case of Mr. Justice Lord detracts ago Mrs. Christensen took the little N. J. Dye, ... dersigned, P. R. Jackson, by order oi 80 00 J. E. Reedy............ .. 25.00 Mrs. Boyd and Mrs. Fred Miller the County Court of Tillamook Coun much from the binding force of the seven year old daughter, of her dead Q. Pangborn, 5500 Homer Mason ....... . . 100.00 left for their home at Chewelah, ty, Oregon, was on the 12th day of conclusion reached hy a majority of chum, to raise, and little Edith Quick Frank Dye, .. 5587 H. Crenshaw ......... Wash., Wednesday morning. February, 1915, duly appointed ad the court. will ever have reason to thank her Henry Nelson 30.00 W. L. Campbell .... A* ministrator of the estate of J- A. .. 75 00 "In Mattson v. Astoria, 30 Or. 577, kind benefactors for her pleasant Frank Dye, Roberts, deceased. Notice is further . .1 33 44 W. S. Buel .............. •• 83.33 it was ruled that a charter provision home and other surroundings of life. I Dan Billings given that all persons having claim* 31 25 Ellen B. Minich .... • • 2750 against the said estate are hereby re of the City of Astoria exempting that . Kemps! j I Tom Kempster, . I- 34-69 Mary L. White....... 8.00 quired to present the same duly veri municipality and its councilmen from State has ordered 600 bushels seed W. Wilkins......... 3280 B. L. Beals............ ....... , >33 33 fied, together with vouchers, to the liability for a defective condition of to establish flax industry at State O- Tveitmoe, ... undersigned or to his attorney, S. S. 3469 0. G. Swensen....... . 75 00 anv street or alley was void, and that prison. I W. Baker, ......... Johnson, at Tillamook, Oregon, with 37 78 A. M Hare.............. • 37 50 it was beyond the power of the legis in six months from the date of this Eddy.......... Portland— J. H. Henry will erect 21.25 B. L. Beals, Jr........ 33-75 notice. lative aasembiv to take from a person $30,000 residence on Cornell road. I Sid Travis............ 7.50 Elmer Webb......... • 78.75 Dated February 15, 1915. injured by a faulty street all remedy. J. D. Matney, ... i 5 00 J. C. Bewley........... P. R. Jackson. The Dalles — Knights Pythias 2.80 That case is interesting for the reason Ed I.efrancis, ... Administrator of the estate 6.25 T. E. Epplett....... —-B- erect four story concrete lodge build s8.oo that the opinion was written hy Chief ing. of J. A. Roberts, deceased. P. L. Silvey.......... 33 44 C. A. Tohnson ......... . 100.00 Justice Bean who concurred in the de F Rales, ............ 200 H. B. Millis ............ O. \\ R & N. will spend $700.000 ........................ .. 75 00 cision reached by Templeton v I inn Notice. A. N. Erskine, , . on tracts and viaducts at Portland. County, supra. (. rown Point, 22 miles from Port- ' (' Preston Williams, "In Ratdorff v. Oregon City, 53 Or. THE EPISCOPAL CHURCH. Notice is hereby given to all teach D. Grout,....... ' 402, it was determined that the char Und on Columbia) highway to have h c Zitt............ ers that applicants writing for teach Services next Sunday at the Chap-»’I'? l.'T, .b-uyi1nff ”arne8' ter of Oregon City, exempting that $10,000 Chalet inn M. Furguson, . .. ■ .k- XI • n ... , r >ou w,n find ** distinctly advanta- er’s certificates at the next teacher's cl i in the Masonic Building Holy Eu- geou« to come and do your select- examination, which will begin, June May 3 to « will be locks opening municipality from liability on account Wood. .... ------ - O. C. Wood, charist it 00 A. M., and Evensong [ at.,nSf here. You will get the beat 30, 1915, will be required to write io of the faulty condition of any Street, week for I e Ilio and Oregon City ca- Frank Pomronkv qualities, the most thorough and 7:30 P. M. Everybody welcome. hut not exonerating any officer of the n*l»--------------------------------------------- A. »»»... conscientious workmanship and be Physiology for a one year state c*’" Reebehiescr, Sunday School at to A. M. city when an accident on the highway charged the moat reasonable prices. lificate. A new law is offered by the Prohi- F. S Wheeler, Rev. F, O. Jones, Vicar. We can supply single or double was caused hv his wilful neglect cr bilion partv and the Labor Federa-1.1. S. Graham. . No applicant will be require« 10 Sets or any single article that you write on Physical Geography f»r any gross misconduct, practically denied a lion, for election of representatives ’ Independence—two miles hard sur may be in need of. certificate. remedy to a person injured by a de- at large and not by district. I Total, face road built north. 1 I L V :HARNESS I ' $3.44687 »W,A, Williams It Co. W. S. Buel Supt.