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