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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (July 22, 1915)
Tillamook Headlight, July 22, 1 JUDGE HOLMES SUSTAINED. I ------ o—— Supreme Court Affirms Opinion in Miami Quarry Case—Court Scores the Appellants. The Supreme Court handed down a decision in the case of W. G. Dwight appallent, vs. Geibisch & Joplin, ap pealed from Tillamook County, suit ! to enjoine defendants from taking stone from a quarry, judgemeat of TO SUBSCRIBERS To Introduce the Aluminum Ware modified; opinoin by Justice McBride. I Justice J. McBride in his decision says: It is difficult to completely subscribers to the Headlight can state the issues made on the plead ings on account of their great length, ( but the foregoing is deemed to pre obtain a sent a genera) outline sufficient for to go on with their improvements and , expenditures in fancied security he fore he notified them of Ins c>a»’ to the property, while in the tune his confederate Kiger *»» p“ ting off the execution of the agree went with Giebish & Joplin un they should get so deeply >■'*«>'td.‘" the’transaction that it *»u,d ous to retreat. Neither of these men have any claims to relief in equity. "Nothing,” observes Lord CamdS"1 “Can call forth this court into activ ity, but conscience, good faith, ana reasonable diligence; where there are wanting, the court is pass!ve, and does .nothing.” Smith V'-Clay, 5 Brow" Chancery Reports, 0J9- AI1 lb?se are wanting in plaintiff’s cause. His con duct has been unconscionable, desti tute of good faith, and wanting in diligence, and he is thereby estoped, so tar as this case is concerned, to assert that Kiger was not the owner of the property; and his remedy, it any, is against his cotenant for his moiety of the royalties obtained from the sale of stone. Let a decree be en tered accordingly. By order of the court G. \\ ■ Kiger was made a defendant in tie case. The attorneys in the case were S. b. Johnson and Oak Nolan for appellant and Geo. W. Stapleton and H. 1. Botts for respondents. hundreds of clearance bargains are now BEING DISPLAYED. We invite you to make a tour of Inspection You will surely find many things that will save you money if bought now. The items men- tioned below arc typical of the bargains you wj|| find displayed in every Dept. • the purposes of this case. While the I testimony is contradictory in some particulars, a' carefal persual of it satisfies us that the findings of the circuit court are justified in every particular. The proposition contained in the letter from Kiger to Major 1 I Morrow describes property not taken possession of by the defendants, but this was either an oversight and • mistake on the part of Kiger or a part of a scheme entered-into by him . and plaintiff to deceive persons who I might be disposed to bid on the 1 strength of the inducements there of fered. The proposal originated in an Congratulates Tillamook Industry. investigation on the part of the offi cers of the city of the capabilities of Carl Haberlach has received the fol the premises afterward occupied by defendants as a possible or prospec lowing letter, which is of interest to tive rock quarry. There was no mis the dairymen of Tillamook County, ft take or misapprehension an the part is from a prominent business man of of Kiger as to the actual, physical Portland who had read the annual re FOR ACTUAL $1.75 VALUES IN location of the quarry. The officers of ports of the production of cheese in t Tillamook Countv which was pub “AMERICAN LADY ” CORSETS. Base Ball Games. X-Ray Is Used in Quest for Bombs. the port knew and Kiger knew that the particular piece of ground after- lished in the Tillamook Headlight on New York, July 20.—The discovery 1 ward occupied by Giebish & Joplin June 3, and shows how much better An exceptional sale of “American Lady" Haltom’s invinciblcs met their first of bombs in the cargoes of several was the one desired for the purposes the dairymen have done in Tillamook real Waterloo tn the Tillamook County Corsets made possible only by the fact that I County than in other parts of the ships that have left here for Europe League Sunday when they failed to during the last few months has re of a quarry, and the fact that it was state: the size range is slightly broken. misdescribed in his original offer to connect with Patterson’s slow ball. sulted in the taking of unusual pre Major Morrow can make no differ "I have been reading with interest The models are positively up-to-date Patterson who is a recent addition to cautions with the regard to the stow ence. There can be no doubt from the your reports for 1914 and 1 note what both in shape and style and are shown with me the Bay City aggregation, had the ing of freight on steamships now in testimony that he encouraged these you say in relation to the prices made defendants to enter the property and for butter, fat up to date this year. I league leaders whiffing at the strong port. dium high busts, medium length skirts finished want to congratulate you upon such a On some of the piers every box and northwest wind for nine weary innings package is opened on the dock and expend a large sum of money upon splendid showing. I realize it is sev with four strong elastic Mose supports. They the faith of his agreement 40 let them allowing an occasional hit, which with the contents examined before it goes have rock for one cent per ton, with eral cents short of last year, but as are very lightly boned thus making an ideal a few passes and errors gave Tilla aboard the ship, the gangways and a promise that they would pay him a you probably know, I produce sweet cream for the Portland market my Corset for present warm weather wear. All hatches being watched to see that the larger price, fixed by defendants ’ mook 6 scores. Blanchard pitched a packages are not tampered with after pleadings at four cents per ton, for self, and I have a great many neigh fine game but was given no support being sizes from 18 to 27, excepting 21 (¡>4 Q n inspected. Electrical devices rock take for other possible contracts bors on adjoining ranches on the which accounts for the 8 to 6 score and mechanical instruments to detect and and 22. Actual $1.75 values for Sr * »dM Columbia river doing likewise, and by the plainest principles of against him. suspicious contents of bales and pack equity he cannot now be heard to say the average price paid to my neigh I ' that because the contract, through no bors during the past six months for The Red Men lost to Beaver 10 to 2. ages are also in use. The early part of the game promised I At one pier an X-ray machine is fault of Giebish & Joplin, was not re butter fat (and this means sweet WE SELL WAYNE KNIT HOSIERY used to examine bales of cotton, cloth cream) has been around 30 cents, a to be an uninteresting session. The etc., for possible concealed bombs, duced to writing, it should be treated little less rather than above 30 cents, as void. The defendants Giebish & Indians as usual were slow getting and at another pier instruments are Joplin having entered upon the prem for two or three months. Some of my FOR MEN WOMEN AND CHILDREN. started and in the first three innings used by which hidden bombs operat ises on the faith of Kiger’s parol neighbors only received 26 cents for Beaver got 10 scores. In the remaining ed by clock work might be detected. 1 agreement and by his consent and ex butter fat. They are now getting in Restrictions to visitors to the piers pended a large amount of money in the neighborhood of 33 and 34 cents. seven frames not a Beaver got past A Serial Purhase of are rigid. ’ I opening the quarry, and ........................ having fully So the organization you have in Tilla first base, but the locals were only (I performed their part of the agree mook appears to me to be the great is more Catarrh in this section of able to earn ti o runs off of Johnsons the There MARY PICKFORD CAPS country than all other diseases put ment, are not to be dispossessed be est for the farmers there is. In most delivery. together, and until the last few years cause their agreement did not come sections of the state they are receiv was supposed to be incurable. For a great up to the measure required by the ing from 5 to 10 cents less for butter , That Enables Us to Offer Them Next Sunday Haltcm’s will play many years doctors pronounced it a local lleaver, and Bay City will meet the disease and prescribed local remedies, and statute of frauds. Curtis v. La Grande fat than the Tillamook farmers are ' At 79 c. Each. by constantly falling to cure with local Hydraulic Water Co., 20 Or. 34, 23 making.” ________________ Indians on the local diamond. This will treatment, i ror.ounced it incurable. Sci Pac. 808, 25 Pac. 378, io L. R. A. 48^7 has proven Catarrh to be a consti These popular and altogether useful, be a game worth seeing as the Redmen ence 127 Christian Church. tutional disease, and therefore requires Kelsay v. Bertram, 63 Or. 563, constitutional treatment. Mali's Catarrh Pac. 777, and cases there cited. So far, becoming and comfortable fitting Caps for are determined to muss up Bay City’s Cure, manufactured by F. J. Cheney & We are glad to invite the public to winning streak. Co., Toledo. Ohio, is the only Constitu therefore, as the defendant Kiger is Lalies ’ for Beach, Outing or Auto wear are tional eure on the market It is taken in concerned, the finding of the court hear the following program at the Standings of the teams. ternally in doses from 10 drops to a tea and the decree are correct, except church Sunday night. shiwn in neat Black and White Checks, Pct. spoonful. It acts directly on the blood that it does not go far enough and en Won Lost i. — Congregational singing. and mucous surfaces of the system. They Plaids in several colors, and in Block 714 efler one hundred dollars for any case it join Kiger from in any wa” intcrfcr- 2 Haltonis 5 2.—Piano solo. One game forfeited to Beaver. fails to cure. Ser.d .for circulars and tea I timonials. Checks in Tan White and Black, and Helio t ing with the possessions of Giebish & 3- —Orchestra selection by Mc 666 Address: F J. CHENEY 8c CO., Toledo. O. i Joplin so long as they continue to Ghee’s orchestra. 4 2 Bay City _ W hite and Black. To see them is towant 428 Beaver 3 4 Take Hall's Family Pills for constipation. carry out their contract and pay him 4- —Special anthem by the choir. 260 1 3 Redmen one Get yours now while the selection is I one cent per ton for rock taken upon 5- Vocal solo bv James McCallum Federal officers and the Chicago the instant contract and four cents of Kellems-McCallum Evangelistic at its best. ' Postmaster General Bu-leson Tues- police began an investigation as a re for rock hereafter to be taken upon Co. and the decree 6.—Sermon Subject: “How Can I day ordered that the size of packages sult of a letter received by the Daily other contracts; go to my Father and the Cad be not for parcel post shipments be increas News from a man who signed him should be corrected in that respect. As to plaintiff we are disposed to with me.” ed to a combined length and girth of, self “J. S. K.” and asserted that he 7-—Pantomime by 5 young ladies 84 inches, which will permit the mail had placed explosives aboard the adopt the theory of the learned judge ing of standard-sized fruit and berry Lusitania before the steamer started below who heard his testimony and under the spot-light, this number is last trip from New York. was better able to judge of its credi repeated by request of many. crates. bility than we are. It is not going too 8.—Invitation and benediction. far to say that much of it seems very We are making special effort to improbable. He had been a business hold our Sunday School up to the 200 associate of Kiger for several years, mark during the summer. Don't say it being a tenant in common with him can’t be done, but come and help us, Cool, Comfortable and Stilish in at least two other parcels oí realty. the hour is 10 a.m. He occupied the same office with Morning sermon subject: “The him, and their desks were not over _ LADIES’ MIDDY WAISTS good Shepherd givith his life for the four feet apart. They had the same sheep. I t stenographer, and it is evident that At $1.39 Each. H. A. VanWinkle, Pastor. their relations, business and other That are Actually Worth Much More. wise, were intimate. At the time Bids Wanted. Kiger made the offer to Major Mor A timely purchase from a house closing row plaintiff knew that he owned Notice is hereby given that the out this line of Middy Waists enables us to only a half interest in the land, and School Board of School District No. about the time Kiger made his offer 32, Tillamook County, Oregon, wili o fer them at this exceptionally low price. to Major Morrow and during the time receive sealed bids for the erection of 1 bey are shown in perfectly finished garments, the officers of the Port of Bay City building, on the school were investigating the facilities for a school up-to-date in style and in sizes 18 and 20years obtaining rock for the jetty, he wrote grounds of said district, being situat ed about five miles east of the town and 34 to 44 bust measurements. Shown in and obtained an option to purchase of Beaver, Said bids will be opened the other undivided interest in the Monday, August the second, at the p am white, some are trimmed in Navy, Red tract. This option was allowed to hour of 1 o'clock, p.m. at the resi and Blue and others with White Braid only. lapse, but after Giebish & Joplin had dence of the district clerk of said entered upon the land and begun work and had expended money in district. Copies of the plans and spec will be on file in the office preliminary work .rights of way, etc., ifications the County School Superintendent he completed the purchase, and on of and with the district clerk. WE ARE NOW SHOWING March 9, 1914, put his deed upon The Board reserves the right to re record. He claims that he never con ject and and all bids. an EXTENSIVE SELECTION OF sulted Kiger about the purchase or in Fannie Smith, Dist. Clerk. formed him that he had an option on LADIES’ SUMMER MILLINERY Beas er, Oregon. the property; that he never heard of any investigation of its capabilities AT HALF-REGULAR PRICES. Harmony . ' . as a quarry, nor discussed the subject the point on the paper which is to receive the ------o— - with Kiger; that he never knew or heard of the proposal of Kiger to Clarence Mallett and Bud Hamlin, type impression is stationary at the instant the Major Morrow, or of any agreement j'y °n Monda* for Points in the val- between Kiger and Giebish at Joplin, type hits. The carriage does not bob up and An Interesting Clearance of In fact, he seemed to wish'to impress Harold Anthony, of the Am. Mu- down when the shift is made to write capitals. the court with the idea that he sup scum of National History, New York LADIES’ BATHING SUITS posed the tract was unoccupied, wild city, is collecting specimens in the Why? land, valuable Only for timber, until vicinity of Harmony in the interest of his purchase was completed. He goes the museum. Mr Anthofiy recently At $1.98 Each. so far as to state that he had never burned both of his hands, while he Because the type is shifted—not the carriage. For Actual $2.00 Values. seen the land up to the time he accidently touched off a photo flash ' bought it. Considering the intimate light apparatus that he had set for The only movement of the carriage is back and SuitJi^ Cleara"ce of Ladies’ Bathing relations between himself and Kiger photographing mountain beaver in forth on its closely adjusted ball bearing runways— his story is intrinsically improbable. their natural state. irur not?! excellent opportunity for secur- That he would purchase a piece of With cloudless skies this new week and this does not take place while the print is being Tricf an ^ceedinglv wear a at ‘ an exceedingly l low oU> land which he had never seen and has made a good beginning and hay made. There is no lifting of the carriage. never inquired of his associate, who ing ha, been resumed. Some hay is are ntn, s ,! t ^ le ¿election is limited there he knew owned the other half as to reported to have been spoiled in this are alJ ¿^es from 34 up. The Suits its value, the character of the soil, the section by the wet weather This is one reason why L. C. Smith & Bros, type amount and quality of the timber, and G. G. Graves and family left Satur- neatlvM* 1 Navy Bue onb’ and ore writing is free from blurs and every letter in the right its other characteristics, is not readily a’y f°r * W**k * campinK »» Pacific ty trimmed with white Braids. place. to be believed. In fact, the whole story is unlike); ■1». and we arc inclined to believe, as «■d < the circuit court, nmhreC aJ?d an aK«”t of the Aik for Otmonitration that from the 1 beginning there was a Old Capital City Dairy Company in conspiracy beti vfeen him and Kiger to Ohio were found guilty of defrauding oeguue uieoish beguile Giebish & Joplin Into the be the government out of revenue taxes lief that Kiger 4wned the whole prop on oleomargarine amounting to Si Cannerjjo Start Up. erty. and that when they had expend ««.000. by a jury in Untied State, a cargo of cans is expected m ed such a sum of money in opening np District Court. The defendants who rrda'le* this°'"<2? reiched Clov- The operation of the canl)efi,»nE<* the quarry that it would cause them have been on trial slOce lune zx were give employment to the >•’ great financial loa» to go elsewhere trred jointly on two indictments jubilant over the fac?d *'’¿ybody '» and others and help to tT- Progressing rapidlv in" ° fk ** now for stone, to extract front them a which contained ten counts, one better in this end of the c00 larger price therefor; and the event charging conspiracy to defraud and cannery in condition r «he Courier. _ g—■—■—** - - ! I shows that he carefully waited from nine chary,ng fraud On the consul nm. Mr. Renter th? f°f ,he season's I factory, txpects ’ to^? “ ? ’ " of ,he , March »th. the date of his deed, until Carranza is winning. I 7*’. were May jfth, allowinf Giebish A Joplin found not ru""mg sometime belli' rea?y and fluc.ition of revolutionary * guilty. ■s.s «. .a more confusing than stocks 0 street. * $2.50 COFFEE POT PERCOLATOR for $1.00 Pair At the H eadlight Cff.ce I I IB S[ Printing Point Does Not In an L. C. Smith & Bros. Typewriter 3061 O_k st., Portland, Ore $1.39 Pair.