Tillamoolc
Headlight, April 29, IPI6«
TEL TILLAMOOK CASE IS I designated and the next step seems I ings Association and the National Drowned While Walking Over to ¿H2EI^EiHJ3fc2f3io!/SISSIc2i£iaiafEir^fSISiJS.r2LSJLilEicl,rafcl/e!i3f
to have been taken on January 22, I Cash Register Company, was $1,141.-
Tillamook.
MODIFIED.
when defendants filed affidavits in 1 65. \\ hen the receiver was appointed
------ o—-
ivCrship is Denied—Both Sides > support of their claim that the pre pendente lite the corporation was a
Hillsboro, Or., April 27.—Coroner
siding judge was disqualified. A re going business concern and was Barrett was called to Cochran, a sta
Win Points.
1»
he Supreme Court on Tuesday, in
an opinion written by Justice Harris,
ordered the dismissal of a suit insti
tuted by John Leland Henderson to
oust P. J. Worrall and his wife from
the management of a hotel owned by
the Tillamook Hotel Company, in
Tilla mook. The decision was a modi
fication of the judgment entered by
^¡remt Judge Holmes appointing a
^Keiver for the company and re-
||faimng Worrall from interfering
with the management of the hotel.
j Henderson was a stockholder and
allege! that the hotel was mismanag
ed, and that also that it was losing
••ney. The supreme court held that
gBffisient grounds did not exist for
the appointment of a receiver and for
th* ousting of Worrall, who besides
Being president and manager, owned
most of the stock of the company,
aod the decision dirests the receiver
to Murn all property over to the offi
cers of the company.
i.Jjtdge Lawrence Harris wrote the
qpinion, which wa« concurred in by
Juttices Moore, Eakin and Bean, and
at this is a matter of some local inter-
«t, as most of ‘he business men and
others own stock in the hotel, we
give the opinion in full. Judge Har-
riJtay»:
. “It is claimed that the circuit Judge
was disqualified and that he should
have declined to preside at the trial.
InbuPPort °f their contention the de
fendants point to the fact that on
January 22, 1914, they filed a motion
to Secure a ruling on the alleged dis-
C*l>f‘catior.s of the presiding judge,
the motion being accompanied by
affidavits to the effect that he was a
J|*rty in interest. It appears from the
record that the trial judge had sub-
*Ab ed for one »'..are of the capital
»lack of the defendant corporation;
that his subscription had not been
fully paid; and that on January 14,
I»U, two days before the commence-
metit of this suit, he sold all his in-
terest in the stock subscription to the
plaintiff Henderson, who on January
21, (following, paid to the company
lance due on the subscription.
‘-“Being a suit of equity, this case is
tried de novo in this court on the en-
tir* r ecord as made by the parties in
the n isi prius court. The litigated
■ 4*e»ti°ns are decided here on the
acts as we learn them from the
tiWence and admissions made in the
^bidings. The question of the alleg-
C^lisqualification of the circuit judge
iilfeither a persuasive nor a determi
native factor in the conclusion to be
reached by this court on the merits
Of the dispute between the plaintiff
atd the defendants. The appellate
tljbun.il is not prevented from de-
cMfrig this cause on the record
B*ht here even though it be con-
ifed that the circuit judge was dis
aiified. W’hile the objection raised
Sthe defendants is not an element
.(he case calling for decision here,
‘ J
1
¡'note, however, in passing, that
Bough a technical disqualification
■ not shown to exist within the
**emplation of section 956, L. O. L.
♦use all right to the share of stock
Bcribed for had passed to the
Ms of another person, who had
¡4 the balance due on the stock
Bcription, at the time of filing the
ifion, nevertheless, under the cir-
tibttances, it would have been more
Beeping with prudence and a fine
■e of impartially if the presiding
||e had declined to try the suit.
j^Thc defendants complain because
Injunction was issued without an
^_^_Bnaking being given or required.
Neither the restraining order made
0(1 January 16, 1914, nor the one issu-
1 tdon January 22, provided for the
fifring of an undertaking and none
w»» required until
February 10.
Even though the restraining order
ade by the judge, upon his own
n, as stated in the order dated
ary 10, 1914, nevertheless the
te required the giving of an un
ing. We read in section 417, L.
I^HL, that: “An injunction may be
^^Htbred by the court, or judge there-
at any any time after the com-
riMBcement of the suit and before de-
Mt Before allowing the same, the
oflKt or judge . shall require of the
M^ttiff an undertaking, with one or
flSe sureties,* * *” The terms of the
are imperative and command
un-
ing before allowing an injunc-
WM pendente lite.
^■be appointment of receiver made
court on May 5. 1914, is ques-
IMtd be defendants. The record di«-
^^Bs that on January ¡7, 1014. the
ifl^Btiif filed a motion for the ap-
BBBtment of a receiver. The motion
•Mlthe accompanying affidavit« wer
^^^Bed on the individual defendant«
^^^Banuary ¡7. together with a notic<
the motion would be presented
^Banuarv 20 From all that appear«
C^Ae record and application f..r a r< .
*Mtr was not presented on the date
the court or judge to require an
YOUR FIRE
INSURANCE
IS SAFE
WITH-THIS-AGENCY,
straining order was issued and the neither’ insolvent nor in such immi tion on the P. R. & N. railroad in the
accountants were appointed on Jan nent danger of insolvency as to war northwestern part of this county,
uary 22. On January 27, an order was rant the appointment of a receiver. Sunday to investigate the death of J.
made directing the defendants to pay The evidence does not disclose any T. Broderick, found drowned under a
the accountants and if need be to material change in conditions when high trestle on Saturday evening.
Deceased, with another man, C. P.
borrow money to make such pay on June 19, the final decree was ren
ments, The defendants on February dered. Sabin v. Columbia Fuel Co., McDonald, was traveling on foot to
7, moved to dissolve the restraining 25 Ore. 15, 34 Pac. 692. Minority ward Tillamook. McDonald states
orders and thereafter on February to, stockholders are entitled to protect that he walked the high trestle but
the plaintiff was directed to file an ion against fraud or gross and reck his companion, fearing to cross them,
undertaking in the sum of $500.00 on less mismanagement on the part of walked under them. At the place
account if the issuance of the injunc the officers of a private corporation; where Broderick died, McDonald
tion. Not having paid the accountants but, under the evidence, the instant says he waited for nearly a half hour
an order was made by the court on case does not afford an illustration for his companion to come up on the
May 1, commanding the defendants of fraud and no such mismanagement other side, and then went to hunt for
forthwith to procure funds by loan or has been shown to warrant a court him and found his body lying face
otherwise and deposit the same with to adopt the extreme measure of tak downward in the shallow stream
the clerk of the court for the use and ing complete charge of the business where he had drowned. He removed
benefit of the accountants. The de and conducting it through a receiver. the body from the water and sum-
“The defendant P. J. Worrall was moned help.
fendants'having refused to comply
with the last mentioned order, the in the habit of using liquor owned by
Garibaldi.
court, on May 5, appointed a receiver. the company and also made a prac
It clearly appears from all that trans tice of liberally treating patrons of
----- o------
pired and from the recitals contained the hotel bar at the expense of the
The old Garibaldi Hotel, which was
in the different orders that the ap corporation; and on other occasions erected about forty years ago, was
Phone Ua, Todd Hotel.
pointment was prompted by the re he used the money and liquor of the raised last week by Messrs Alley and
fusal of the defendants to pay the ac corporation for the entertainment of Swenson. The old depot was moved JJ3iai8íÉ!I3EÍ3f3I3I2E®BJ3EJEJ3!3®3I3I3EÍ3í3I3®SffiíBJEEÍEEEI3í3ÍEI3l0y3I3IBI3EIEElíü3K
countants, and that this was the con himself and friends, although he con back from the railroad about 40 feet.
trolling feature causing the appoint tends it was done for advertising
At Bar View a new reservoir is be
ment. The affairs of the Tillamook purposes. He>cannat use or give away ing built. Since the establishment of
Hotel Company on May 5, were not property of the company in the man a water power electric light plant the
in a worse condition than on January ner indicated and should be enjoined old resorvoir has been inadequate
22. The refusal of the defendants to from doing, so in the future. While it and a larger one is being built.
pay the accountants in obedience to is impossible to determine with ex
A surprise party was given on
the orders of the court did not fur actness the amount of money and Tuesday evening at the Miami Quar
nish ground for receivership. Under liquor so used and consumed, still we ry camp in honor of Miss Alice
all the circumstances, as we read the think that $250.00 will fairly reim Bird’s birthday. The evening was
history of the litigation, a receiver burse the company and therefore the enjoyably spent with dancing and
should not have been appointed. It is defendant Tillamook Hotel Company refreshments.
proper to add, however, that from a is awarded a judgment against P. J.
Louis Ivancovich has taken down
careful examination of the record we Worrall for that sum.
his tent platform and is now erecting
“While the appeal was pending the a building in which he will conduct
find that the appointment of the ac
, 11 ! » 1111 » 11111111 * 111111111 ii-i
countants was made under conditions receiver filed a report and the find his business the
Central Oyster
RESOLVED
which warrant the conclusion that ings made therein by th« trial court House.
both plaintiff and defendants sanc are here for review on a separate ap
Fishing is good along the Miami
T hat tue SQUARE DEAL
tioned the selection of the account peal, and consequently the question now. Tom Bray caught a twenty inch
WIN5- JUST ASK oufu
ants and approved the amount of the of the costs of the receivership will trout Saturday.
C ustomers whether .
compensation fixed by the court; and be reserved determination hereafter.
Otto Shearer and party made a trip
OR NOT WE <J|VE THE/^
“This suit is dismissed as to the de to Necarney Sunday.
in view of the circumstances stated
fendants
Anna
A.
Worrall
and
Chas.
the corporation should have paid
a «SQUARE DEAL - 'WE
Kunze; the receiver is directed to
Gaylord and Carlton.
Collier’s Caustic Critics.
S
ell T he B est T hat S
“The main grievance of plaintiff is turn over to the officers of the cor
IN THE MARKET FÔR.
that P. J. Worrall, by reason of his poration all the property in his hands
One step heavenward has been
conduct, has acquired the reputation belonging to the Tillamook Hotel taken by Patterson, N. J. H has
THE FAIREST PRICE.
be
of being a quarrelsome, dangerous Company; the defendants P. J. Wor brought the sawdust form Billy Sun-
and disagreeable man and, on ac rall, Anna A. Worrall and Charles day’s meetin.
count thereof, the hotel lost much Kunze are granted judgment against
It is the Alpine war cloud that
patronage. We gather from the evi plaintiff for costs and disbursements catches our anxious eye just now, not
dence that the hotel in question is in this court; but neither plaintiff nor the Balkan war cloud. How about
better furnished and equipped than defendants shall have judgment for you Italy?
Rex 100 per cent Lye—3 cans for 25c.
any other hotel in Tillamook. If any the costs and disbursements of suit
Though a New York court decides
White
Linen Soap—G bars for 25c.
incurred
in
the
circuit
court.
The
de
loss of patronage could properly be
that all a wife earns belongs to her
Mt. Vernon Milk—3 cans for 25c.
traced to Worrall at least some in cree of the circuit court should be husband, it won’t alter the unwritten
Burgher corn— 3 cans for 25c.
formation would be afforded by the modified in conformity with this law under which a man gives his pay
opinion
and
it
is
so
ordered.
’
Silverdale
Tomatoes—3 cans for 25c.
hotel register. The company com
envelope to his wife every week.
menced business July 18, 1913, and
Lily
Corn
Starch—3 pkgs, for 25c.
Something was once always hap
School Notes.
the number of guests registered that
Royal
Club
Pork & Beans 3 cans for 25c.
pening to “add to the gayety of na
month was 142, and during the sub-
Royal Club Popcorn 3 pkgs, for 25c.
tions” now it is something that adds
The Senior play which was given to the misery of .nations.
sequent months as follows: August,
Try Rav Xi Company’s Special Coffee—27c per lb.
815; September, 377; October, 382; last Friday at the opera house met
Japan can almost be forgiven.
November, 320, January, 90; Febru- with great enthusiasm. There have When she takes charge of China all
ary, 298; March 363; April, 357; and been numerous requests to have it re the little Chinese will have to go to
the first four days in May 35. Nearly peated for the benefit of those who school. That’s something.
GROCERIES, SMOKED MEATS, FRUITS, VEG
all the persons registered were as did not see it, and for those who wish
Greatest wheat crop in history is
signed rooms but some guests took to see it again. If this is to be done promised the United States. Timely.
ETABLES, HAY, GRAIN, FEED.
meals only. It will be observed that notice will be given in due time.
Probably have to be relieving the
TILLAMOOK,
-
-
-
OREGON
with the exception of August and
Last Monday afternoon Mr. Mon starving in other lands than Belgium
January, the patronage was practical roe, who is one of the speakers at and Poland by the time it ripens.
ly the same. The business done in the Farmers’ Institute this week,
Nevada is determined on one way I
January is accounted for by the fact spoke to the high school student of getting immigrants, even if they’er
that the train service was tied up body. His talk contained a great deal only temporary.
nearly all that month. No doubt of interest and value, and was enjoy
No clear evidence it offered that
TILLAMOOK
W’orrall’s conduct, which was not at ed immensely.
the tango is danced in Argentine. Is
all times exemplary, gave rise to
The Senior class is daily becoming that another Belgian hare story?
TO
some discussion, but the conditions more and more conscious that grad
SAN FRANCISCO
Federal reserve banks, swept an 1
are not sufficiently grave to warrant uation is only a few weeks hence. garnished, are all ready to do busi
AND BACK
the court in removing him from man Class meetings have been held and ness. They can’t be expected to make
agement of the business, especially the usual business in connection with it.
in view of the fact that Worrall and graduation transacted.
Invitations
Nome pay dirt washes out $3 a
his wife have invested $¡7,100.00 of and pins have been decided on and pan; and that is nearly like perpet- j
Return Limit 30 Days.
their money in the property and sent for. Rev. Van Winkle has con ually finding $3 in your pocket, no
have loaned the corporation an ad sented to deliver the baccalaureate matter how often you take them out
ditional sum of $6,500.00. The evi address. The class is anxious to ob and spend them.
dence does not warrant the claim that tain a good speaker for the com
Adding to what President Wilson
P. J. Worrall is seeking by fraudulent mencement exercises. Cummunica- said, wars will never end so long as
or other means to depreciate the val tions are being carried on with sever one people want the earth that
ue of the stock. Although books of al well-known and recommended men another people is occupying.
I
accounts were not kept with as much and their answers are eagerly await
Family fern has now come out on
care and completeness as might be ed.
the front porch and the family fur-
desired, still the plan employed af
The sixth grade won the Palmer nace is taking the rest cure.
forded means of knowing how much pennant in the writing contest this
Atlas Woodson says: "There is no
Return Limit 40 Days
was received from tfie dining room, week. The room making the biggest such thing as a $1000 dog except
the rooms and bar; and the disburse improvement is awarded the pennant thinking makes it so.”
for a week.
ments were evidenced by checks.
What’s wrong with the world’
A splendid record has been made Every day there seems to be a new
“The final decree in effect removed
the directors and officers of the cor by the fourth grade in the spe'ling scandal. And in some instances it
Call on A'ent Tillamook for full par
poration and placed the management contest going on between the fourth seems the public is busy burr ing the
ticular.t, stop-overs, literature, Uc., <r
%
in the hands of a person selected by and fifth grades. Not a child in the scandal at both ends, to quote some
on any I*. R. Cf !\f. Agent for fares from
fourth
grade
misspelled
a
single
the court. Assuming that the court of
other stations.
thing we saw somewhere.
equity does have the power to re word during the whole week. The
Would it be possible for a bald-
move the officers of a corporation fifth grade also made a very good headed young man to ever develop
and substitute a managing receiver or record, but the perfect one of the into a fine violinist?
even to decree the dissolution of the fourth grade won the contest.
Owl cars run an hour apart, and it
Quite a number of high school stu
corporation, nevertheless it is well
is a wise ould boil owl that goes
settled rule that such court will pro dents are being excused from school home on the earliest one.
ceed with extreme caution in the ap to attend some of the lectures given
So much of sport Is merely killing
pointment of receiver over corporate in connection with the Home-build
time;
but it keeps one in the open air
John M. Scott. General Passenger Agent
bodies. High on receivers (4th Ed.) ers’ and Farmers’ Institute held here
Though what of that, if one has
in
Tillamook
this
week.
Portland. Oregon.
Sec. 292. The financial statement
Professor Fitts, of the Oregon nothing on eprth to do but kill time.
made on February 14, 1914, shows
Nobility in Europe can borrow
that the loss up to that time aggre Agricultural College spoke to the
money
on as little collateral as their
high
school
student
body
Wednesday
gated $828.14. A subsequent 'report
3
governments do.
I
was made by A. H. Gaylord showing afternoon.
Call For City Warrants.
DIKED
TIDE
LANDS
AND
FINE
What
if
King
George
should
fall
off
that the receipts between January 42,
BOTTOM LANDSAN ACRE
1914, and April 30. following, amount
Handkerchiefs to fit any purse; or the water wagon? As good men as he
All Tillamook City Road Warrants
have
done
it.
ed to $6,088.25; and monthly over any* nose. Read the advertisements.
Serie» "B” outstanding will be pai I
I will sell you to to 40 acres and
On April 4 there were 100,000,000
Spring, we understand, d'd begin
head expense, including light, water,
on presentation. Interest ceases this give you easy terms of payment if
fuel, telephone,* laundry, rent, taxes, March 21 at Montgomery, Ala., and people in the United States; thus we tqth day of April, 1915.
you want them. Write me for further
salaries of employes, the installments other points similarly isothermally see one man in about 20,000,000
M. W. Harrison,
information. Wm. G. Stearns,
stands
a
chance
of
being
president.
I
paid on the Equitable Loan & Sav- located, and is working this way.
City Treasurer.
z Corbett Bldg. Portland. Oregon.
1
OVER $160,000,000.00 IN-ASSETS
Represented by this Office.
AFETY”
ERVICE OUR AIM
ECURITY.
Let Us Write Your Next Policy
ROLLIE
WATSON.
W.
“The Insurance Man.”
Special Grocery Prices This Week
RAY & CO.
$36.50
Ninety Days Ticket, $39.50.
$58.50
IO SAN DIEGO
AND HACK.
Pacific Railway & Nav- Co