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.