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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (Oct. 11, 1917)
T t « TILLAMOOK HEADLIGHT ■ ................ - OCTOBER 11, 1917. ■ ■ ■■ ’ - " ----- ---------------- NEHALEM BAY FISHERMEN’S zagging across the highway to pre desertion as the reason of her suit. Edgar M. Brown v. Flora Brown, vent the other from passing, and one CASE COMPROMISED. Both Sides Come to a Decision that They had Nothing to FiKht About. — o- — A case that caused a tempest in a tea kettle came up in the circuit court last week, but brought out some good advice from Judge G. R. Bagley, was that of the Union Fishermen’s co-op erative company and a large number of fishermen on the Nehalem river, viz: F. Bollc, Albert Crawford, Wm. Crawford, C. H. Christensen, Joe Duncan, F. C. Emery, Dave Gervais, William Hartzell, C. L. Hoag, Chas. Joesling, Rudolph Larsen, Louis Lud- tkc, H. H. Myers, Ralph Robison, Chas. Stephens, H. Schallmeyer, Sam Thompson, W. R. Walker, Fred Witte, O. L. Wood, — Miller, W. F. Balmer, A. D. Thompson, Edgar Batzncr, F. A. Emery, A. Klein, Os car Bergman, Chas. Seamon, John Seamon, Harry Green, Jacob Kamm, M. F. Bawman, Paul Walker, Elmer Easom, Arther Loerpabcl, J. Lommen Ralph McKimens, L. G. Wilton,, —. Bowen, Haikela and Kynsi and W. H. Tubbesing. The company had applied to the court for a restraining order against the fishermen, it being alleged that the defendants maliciously conspired, combined, confederated and agreed together and amongst themselves to ruin plaintiff’s business of operating two drag seins by wrongfully, un lawfully and maliciously obstructing the current and flow of the waters of the Nehalem river over and above and in front of and abutting the tide lands in front of plaintiff's property by threatening to place and by ac tually placing set gill nets and by threatening to place drift gill nets in the waters flowing over and across the tidelands in front thereof and in close proximitity thereto, well know ing that salmon fish will not enter or catch itself in such fishing devices during the day time, and not with the bana fide intention of catching sal mon. It was upon that showing that the judge decided to issue a temperorary injunction last week and set the case for trial on Monday. Quite an interest was taken in the case, for when the case came up on Monday a large number of fishermen from Nehalem bay were present, but it was not until the afternoon that the issues were thrashed out and the case ready for trial. After taking considerable evidence and the attorneys on either side be ing agreed as to the law governing such matters, which coincided with the views of the Court as to the law, there remained, after this was found out, very little differences to settle or litigate about, so on Tuesday morn ing the attorneys in the case, to the satisfaction of all parties to the suit, settled it by having a consent decree entered by the Court. The decree by agreement and by the approval of the Court provides and restrains each side from unlaw fully interferring with the other, but permits all parties to fish in the usual and customary manner which is, by each one taking their turn. The right of fishing being common to all per sons, no one person can acquire any prior rights in any manner to fish in any waters of the State. All of the at torneys agreed to this being the law and so did the court declare it. 3 his. form of decree and settlement met with the entire satisfaction of all concerned. The case was of considerable inter est owing to its importance, as all fishermen knew that the result would declare the rights of fishermen to the waters where salmon are caught. The Headlight could not help but smile because of the fact that the re spective attorneys could find no room for dispute in construing the fishing laws and rights of navigation. Consequently, not being able to dis pute over construction of the law. At torney Johnson and Attornev Nor- blad had to content themselvees with personal attack oratoricallv upon each other, or to be more correct attor neys throwing personal biuiquets at one another, from time to time in or der to maintain interest and zest in the trial. Attorneys Handley and Holmes remained peaceable through out the trial. Judge Bagley, in closing the case, not only gave some good advice to the Nehalem Bay fishermen and the co-operative company as well, but it is good advice to fishermen in other parts of the county. He Said: "I am sincerely gratified that coun sel and litigants have mutually agreed upon a solution of the problem pre- seated in this case and it relieves the court of the burden, although the Court is not averse to assuming the burden of deciding the issues of the case. Mutual agreements are t. ‘__ always much more satisfactory to those con cerned than decrees rendered by the court after a contest. But that all may understand the situation from a legal standpoint the court will briefly sug gest the rights of the respective par ties upon the Nehalem river and Ne halem Bay, so far as the count under stands tin- law applicable to the case F it st, Nehalem Bay and Nehalem River are public highways, just such public highways as the county roads. The only difference is one is a nat ural highway and the other is an ar tificial highway. The Nehalem River and Bay are natural highways open to the use of all for navigation and for fishing purposes and all have the same right thereon. The fish that en- ter the Nehalem Bay and River be- ... longs to the State of Oregon and all residents of the state have exactly the same right to take fish in that Bay and River by such legitimate means as is authorized bv law of the State of Oregon, and all who would take fish therein must exercise the right so as to do no wrong to others who are exercising the same character of right As an illustration If two men arc op erating automobiles upon a public highway and one in the road is travel ing twenty miles per hour and does not desire to travel more rapidly, and the other comes up in the rear travel ing at a lawful rate of speed and yet faster than twenty miles per hour and desires to pass, the man travelling 20 miles per hour has no right by zig- who is guilty of that conduct is un lawfully exercising his right on the road.. The rights of the fishermen op erating any character of lawful gear upon Nehalem Bay and River are equal and co-extensive. The plaintiff has a right to operate drag seins on the Bay and is given that right by the State of Oregon, but it must operate drag seins in such manner as to not intentionally or purposely interfere with the rights of others engaged in the same occupation, and that same rule applies with equal force to those who operate drift nets. But all must operate them in such manner as not to purposely or intentionally inter fere with the operations of drag seins. Both have rights in the bay and upon the stream. The rights are mutual. Neither can interfere with the other intentionally or purposely, and when one fisherman who lawfully operates comes upon the river or bay, if he comes there with good motives and honest purposes, there will be no con flict between the different character of geer and fishermen. Neither has the right to take the law into his own hands. If one is wronged the law gives a remedy. So you will see, gentlemen, when you go there to fish you are to respect the rights of other fishermen, and other fishermen are to respect your rights and if respected there will be no interference. There will be times when, no doubt, there will unintentionally be a collision, but that is liable to occur in any busi ness in any walk of life, but those things can be overcome in a true spir it of restitude and in the light of the surrounding circumstances. There should be no occasion for the fisher men on the Nehalem River and Bay to have any collision or trouble ex cepting the unavoidable and uninten tional; and I hope there will be no further conflict or misunderstanding. The fishing, such as engaged in by the plaintiff and defendants, should be carried on in the customary and usual manner, and, under your rights, if you conduct fishing in that way, that is, as it is customarily and usual ly conducted, taking into considera tion the different character of geer. stages of the water, and obstructions and navigation, there would be none except the unavoidable and uninten tional confusion, but fishing should never be operated in order to harrass or annoy others. Each individual fisherman should observe the rights of others, and if each fisherman will pay attention and will observe the rights of others as well as those in dividual rights of himself, there can not possibly be any conflict or collis ion between them; it is a case of do ing as you would wish to be done by.” AGRICULTURAL NOTES. By R. C. Jones, County Agriculturist. mann. Divorce. Granted. Application of citizenship of Frank Barnes, Nels Olaf Glad and Peter Schranz were continued until the February term. John Naegeli, Alex Peter Vlahos, R. G. Thompson, Rudolph Zwiefel and Kasper Zweifel were admitted to citizenship.. Merchants National Bang vs. Walter A. Goss et al. Foreclosure of mortgage. Decree. W. Roenicke and john A. Ward. Foreclosure of lien. Decree. NOVEMBER DELINEATORS Subscribers please call for November Copies of the Delineator. Those who have not sub scribed for this helpful, in teresting and entertaining Woman’s Magazine can secure copies at the pattern counter at per copy, 15c. New Cheese Factory for Dolph. Two Wonderful Values C_/Zre Now Being Shown. I 1T e urge everyone—man, woman and child yy to secure their winter supplies of under wear now while selections are complete. And when we speak of underwear we mean of course oTHuns/ng wear, the all satisfying, shape retaining, long wearing underwear for every age and every figure. The garments now being Bhown were bought long before the last advance, and as the manu facturers will not guarantee prices it is deci dedly to your advantage to buy now. “There’s one thing that's certain,” Says old Mr. Peck; “A boil on the stove is Worth two on the neck.” The Men’s Garments come with I High Neck, o^dnkle Length, Half Low Necks, High Necks, Long Sleeves, Low Necks, Short Sleeves, Elbow Sleeves, Knee Length, No Sleeves, Closed Gore, 0_/lnkle Length, Half Open Fronts, No Buttons, Tight Knees, V Necks, Wide Knees, Loose Knees, Short Inseams. We, too, raised a holler And smashed at the screen; “A fly ’neath the swatter Is worth two on the bean.” I Tillamook Cow Testing Association Report for September. Seven hundred twenty six cows • were tested during the month and J averaged 529 pounds milk and 25.1 pounds fat. This at 64 cents per It/ ’ the estimated price to be paid for the . month, makes the gross returns per cow $16.06 at a feed cost of $3.38 or 1 The newspaper man knows I net profit of $12.68 per cow. At the end of the year, Cary & O'Brien herd of 10 register-j That a subscriber paid up ed Jerseys led with an average pro-! Is worth two in arrear. duction of 628 pounds milk and 36.21 I pounds .fat. YOU CAN EARN $200. Maple Park Chief and Rosaries Olga Lad arc both eligible to the each month selling "Wear-Ever' honor roll of bulls, as they have two specialties in Tillamook county. C. Lewis county, and one daughters respectively in the Irvine Armstrong, $275 pe’r honor roll for this month. Any living Washington, averaged bull, with daughters in the honor roll month in July and August. A recent is eligible. If they have been left out month’s commissions of T. J. Pellow, it is because we did not know they Astoria, Oregon, were $364. Do not apply unless you are exempt from arc living. In the State Cow Testing Associa army draft, can furnish references | tion report for August, the Tillamook and have funds to pay expenses for Association led the state' in number one month. Successful applicant will 1 of cows over 40 pounds and had the be selected in few weeks after per highest individual record for the sonal interview with our sales super month. We hope to do as well this visor. For particulars write to The Aluminum Cooking Utensil Company, month. Following are the records of the 28 Portland, Oregon. cows that produced over 40 pounds | fat for the month of September. Notice. Lbs. Lbs. Pct. I Fat Milk Fat Owner This is to certify that I am the own Joe Durrer .... 1023 . . 6.0 .. 61 38 er and publisher of the Tillamook Chas. Kunze ... 1317 . 4.4 .. 57.97 Headlight, published at Tillamook, Joe Durrer........ 697 . 7.7 .. 53 71 Oregon, and that there arc no stock 765 .. 6 3.. 48.20 Cary N < t'Brien holders nor mortgage indebtedness Cary X- O’Brien 765 .. 6.2 .. 47 47 against the newspaper plant . Chas Kunze . .. 1209 . 3.9 .. 47.15 Fred C. Baker. 5.0 .. 46.50 Cary & O'Brien 930 t.3 46 31 I Tillamook, Orc., Oct. 11, 1917. W. Williams ... 9 4.'. Frank Blaser . . . 870 . 5.2 .. 4 à 2 1 Notice of Guardian’s Sale of Real Joe Durrer........ 992 . . 4.5 .. 44 64 Property. 44 18 775 .. 5.7 . . Joe Durrer .... ------ o------ Cary .1 O’Brien 750 .. 5.7 .. 42 75 Notice is hereby given, that by Joe Durrer........ 790 . . 5.4 .. 4 2 69 " A. Swenson . 635 . 6.7 .. 42.58 virtue of an order made and entered C Chas Kunze .... 806 .. 5.2 . 4191 in the County Coutt for Tillamook ! County, Oregon, on the 10th day of C. A. Swenson . 1100 . 3.8 . 41.82 ' October. 1917 authorizing and em- C. A. Swenson . 589 . . 7.1 . 41 82 the undersigned guardian N. G. Boquist .. 750 . . 5.5 . 41.25 I i powering of the estate of Reberta Campbell J. Ebinger......... 525 .. 7.8 .. 40.95 4 0.. 40.92 iand William Campbell, Minors, to C. A. Swenson . 1023 I. T. Woodward 4495 .. 9.1 .. 40.90 sell at private sale for cash to the 4 1.. 40 67 highest bidder the real property hcre- C. A. SwcnSon . 992 T. McCormack. 713 .. 5.7 .. 4 0 64 I inaftcr described, the said guardian, C. A. Swenson . 899 .. 4.5 .. 40.46 on and after the 15th day of Novem Mike Seifer ... 697 .. 5.8 .. 40.46 ber, 1917, in Tillamook, Oregon, will Frank Blaser ... 915 .. 4.4 .. 40.26 offer for sale and sell for cash to the Joe Durrer .... 628 .. 5 9.. 40.24 bidder, for cash, all the right, title 40.05 and interest of the said minors, Re 3.4 Chas Kunze ... 1178 H. J. Olsen, Tester. berta Campbell and William Camp bell, in and to the following described real property, situated in Tillamook Circuit Court. County. Oregon, to-wit: ------ o------ The Northwest quarter of Section Catherine A. Long, estate of Frank 31, Township 2 South of Range 9, l ong, vs. A. K. Case. Action for West of the Willamette Meridian. money. Dismissed. Dated at Tillamook. Oregon, this Chas. Finch vs. Miami Valley 10th day of October, 1917. Creamery Company. Action for mon Catharine A. Long, ey. This was a case where the plain Guardian of the persons tiff was the cheese maker at the and estate of Reberta and Miami Valley Creamery, working un William Campbell, minors. der a contract, and was discharged. The plaintiff sued for the amount that was owing him. and the jury gave him ISS SALENA DICK. a verdict for $315 00. TEACHER Frederick H. Wheeler vs. C. C. OF Byers. Action for money. Order. Security Savings and Trust Co. vs. PIANO, James Walton Jr. et al. Foreclosure Primary and Advanced of mortgage. Default and decree. Instruction. Eva W. Worthington vs. George W Worthington Divorce. Granted. Studio at the home of Mrs E. The plaintiff withdrew the charges E. Koch. Price reasonable. allagcd in the complaint and claimed I’hone 11 w. M Long Sleeves, Closed Crotch. The Ladies’ Garments, in J said to the waiter, That slow, awkward goop “A thumb on your hand Is worth two in the soup.” I’ve heard it said often By those who’ve been stung. That a bug in the rug Is worth two in the lung^ ------ o------ A young masher said As he sauntered by: “A hit with the girls Is worth two in the eye.” 10c., 15c., 20c., 25c. By Mail 2c. Extra. Tillamook City. The New Fall Weights in Who Can Add Another Verse to This Is there a sick patient Whom nothing could save, “A patient in bed Is worth two in the grave.” There are no disappoint ments to the user of these famous patterns for they are designed by artists and cut by experts. ’ Important Announcements of New Merchandise Just Received. Dolph, Or., Oct. 5—At Sulphur Springs on the new Sour Grass road, a co-operative organization for the establishment of a cheese factory was formed a few days ago. At a meeting of those interested it was found that the milk from 100 cows was available and some of the people in this section have arranged to add to their herds so as to make it 125. The building erected for the bath house at the sul phur springs, by Baxter Bros., was secured for the factory, and machin ery and equipment will be installed at once, $1000 being subscribed for the purpose at the meeting, and the plant will be ready for operation about Feb ruary 1 next. Ira C. Barber, formerly of Willamina, who represented Yam hill county in the last legislature, was chosen secretary of a co-oper ative company. He has a large dairy farm near the proposed plant. The plant will be known as the Sulphur Springs Cheese factory and will be a member of the association. Said Young Mr. Duffer, A gay dog is he; “A ‘peach’ in his lap Is worth two on a tree.” ------ o — And old Uncle Bing I distinctly heard mutter, "A hair on the head Is worth two in the butter.” BUTTERICK PATTERNS The Children’s Garments in Half Low Necks, High Necks, Elbow Sleeves, Long Sleeves, Knee Length, No Sleeves, Drop Seats, Ankle Length, Half Open Fronts, Closed Crotch, No Buttons, Full Open, Open Crotch. Boys’ and Girls’ Buster Brown E had almost given up hope of ever receiving these wonderful stockings for they were bought nearly 12 months ago and only after the despatching of several tele grams did we prevail upon the maker to exert extraordinary efforts to fill our order did we eventually hear that the goods had been shipped. And now they are here, and what tremendous values they are when stockings of any kind are so scarce. The color (they are shown in Black only) is splendid, the quality equal to anything we have ever shown and the fitting and sizes perfect. W S tylk 1 is a Boys’ heavy ribbed stocking and comes in sizes 7 to 11. S tylb 8 is a Girls’ fine good and wearing stocking comes in sizes 6 to 10. Very Special New Novelty Lovely New Table Damask Drapery Cretonnes Crepes de Chine 63c. Bought under exceptional circumstances we are able to offer several patterns in a splendid quality of Table Damask that measures 64 inches in width. The fabric is beautiful in finish and is bleached all ready for use. A splendid opportunity to save on needed table coverings. 23c. to 95c. Exquisite designs and col orings place these newly arrived cretonnes in a class all their own for side drapes, cushions, hangings, lamp shades, and the hundred and one things so accepta ble for Xmas Gifts not to mention the very popular Cretonne Shopping Bags. See Window Today. New Cretonne Ladies Here's an Shopping Bags Apron Special 83c. to $1.98 93c. Here they are—those pretty large cretonneshop ping Bags everybody is talking about, Made of large pattern cretonnes in the most pleasing colors, with handles in round, oval and strap shapes. Everyone will want one as soon as they are seen, so choose early. Becoming, useful and good wearing Bungalow Aprons of Percale in Light colors, Blues and Greys. There are several styles to choose from and they are prettily trimmed with piping, belts and straps. All sizes from 35 to 46. Ladies' New Fall ¿Models in Suits, Goats, Dresses and Separate Skirts Underpriced. If you could have seen all the women who have taken advantage of the great savings we announced last week on Women’s Fall Wearing Apparel you would have no doubts as to the appreciation they have of our Ready-to-Wear Dept's readiness to supply smart, stylish wear ables at wonderful savings. Every new fall Garment is underpriced for this event and we urge every woman who has not yet bought to do so as soon as possible. Note the Prices. Suits at $13.45, $19.45, $23.45, $27.45, $32.45 Coats at $13.85, $17.85, $20.85, $23.85. Dresses at $15.95, $16.95, $17.95, $19.95. Skirts at $6.65, $7.65, 8.65, 9.65, 10.65. $11.65 $2.25 They arrived only this week and words fail to ex press their beauty in sheen and texture. They would be equally good for Waists, Evening Dresses or Under wear. Shown in White, Flesh and Pink—and they come 40 inches wide. Just In Wicker Baskets 49c. to $1.25