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