Tillamook herald. (Tillamook, Tillamook County, Or.) 1896-1934, November 21, 1913, Image 2

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    c. e.
1ucct Ctwlec a UU
C r o m o I c y
Gclii r
Cwc5d.iv Jd Friday
Knlertvl a Mvonul5 m tUr Mav l, 1 t tV jxt itlkv
Onptfir. umior tb net of March 3, ISTO."
lit TiU.immtX,
rjJilvcrHsfnn Kates
' ec! A.h.-rtiwmont
lir-! liixTtion, par line 5 .10
Ka.h xu!.Hiunt insertion, ltM
Ho:nttof d N ip - - &.W
Timber Claim Hk09
Notivs. (vr liiw .
Cimi of th.tnks. per line . (
l.ocalo. cr line, tirat insert ton .71 1
Kaeh ubMiunt itwrtiun. line ' .0
Rplutun of omiolom-u ami
totlT notice, per lino .tW
RuinaA Professional rank. uio. 1.00
Pim.lay Advert aement, per ineh .86
At, I. lipU AvIk mut bv in thi of
fice on' Monday and Thurednv Mum
infs to injure puhlieattan in fallow -in
Tuesday ami Frhiny iwuo.
Reason are imperative.
Uo-'ume f the moving jih wMeh w
have hitil on o-ir harnl thi we k wo
an' n tiny late 'lth thi Imm m il w
hsvo Invn eompoltal to omit onn
lltn.ly jtrttok awl now Ituim of in
tr.t, which we will tnku up In our
noxt iaauc.
The pavimt cae : Citifeiw of Tilla
mook v. the Warren Construction Co..
has finally been threshed out in the
Circuit Court and a sweeping victory
has leen by the citiseiw. There
was preat rejoicing in T illamook when
the new 5 of the victory reached m tast
Tuesday evening and well there iniht
be, for the fight has been a lone, hard,
fast ami furious one. bince that nijrht
in January of this year when a hun
dred or more of our cititens honied by
K. R. Beals plead with Mayor Harter
and thi council for hours to defer the
assessment of abutting property, anally
paining thir point over the insistent
endeavor of the mayor, there has been '
no let up on the part of the citisen to
-t at the bottom of things, with the
result that the Warren Construction
Co. has been shown up in its true light
and whipped to a frasxle.
The history of the case has been an
interesting one. Immediately after'
to construct our aewer. bud told
htm (Mr. Kiehardaon) that he
(Gcibiseh) had paid or waa to pay May
or Harter $3,500 for his tnrtuonee In
connection with $tvacn aewer con
tracts. Geibiteh waa cvwplnining to
1 Mr. Richardson about being heal up.
The evidence given by Mr. Hiclmrdson
was never to our knowledge denied by
Mr. Harter or Mr. Geibiach.
During the trial considerable excite
ment occasioned by the discovery
that a large area of the pavement in
front of W, C. King s residence had
broken through and tho excitement was
conaiderably increased bv an attack
which wa made on Kx-sonator, Fulton,
one of the attorneys for the cituemi.
While Mr. Fulton was examining the
pavement in front of tho Kin residance
one McMabon an employee of the
Warren Construction Co., and a man of
most unenviable reputation, brutally
aseaulted him. knocking him down.
This incident occasioned considerable
diaguat anient: tho citixens.
After all the evidence had been tnk-
Tho naiiiit of F. 11. WmU lias been
mentioned in connection with tho ollleo
cf MaN'or which will have to bo fl!lel
at Uio eomlnc oily election. A great
mani1 of our oiticnn are taking the
stand that while wo have tho mveiutnt
flht on our hamts w ned a stron.;,
alert mait at tho head of thln, and
Wfeeially one whu ts thoroyghly fam
iliar with tho paving eontmeoMy Such
a one is F. It. Ileal, ami for thi reas
on a atrung following la lining up to
support him. In Met there aee na to be
iw other candidate in the fleld to op
poee him. A good cotincil i uf aa great
a noeeaaity as a god tn ivor, and It i
hepHl that the ihtTerent wnrde will
so to it that tho proier men aru nominated
If Yoxs Can Manufacture Anything
Come to
i I
o The Manufacturing
me scene aoove roenuoneo wun me , Jud), Campbell made arrangement
mayor, the citizens organised and ap- to hear the pleading in Portland at a
pointed a committee to investigate I itite date, but it was not until last
the pavement. (a task which I t.wi mt k- rt..n .im
posed of by him.
The employment
snouw nave oe:i oroerw by the maynr
before he endeavored to make an as
seismenU) Pavement from different
of detectives dur-
localities about town wu takeo up ftni jUnm-a MMurilMi.u
sent to ditTerent hisrh cU txrt . . . .
At this time the Cituwna' Coinmlttno
which engineered the flght against the
Warren Construction Co.. shouk! be
highly compitmente4l for the aplomlid , I
showing that has been inml. Wo
woukl o-Kaiatly mention F. K. ami A.
0. Heals awl W. 0, Uwight who have
worked unceasingly ami with wit pav
in behalf of the cttutm-t in general. It
is true that they wrro heavily Interest
ed an propertv owners, but rcgardloas
of this fact they have displayed a dis
position to work for the interest of the
citv in general throughout the whole
controversy, ami shoukl receive credit
for their endeavors.
School District No." .15. Tillamook
County. Orecon. reijuosts bids for the I
buikling of a school house, also for j
felling treea on acre of sehwl grounds. I
Hoard reserves tlie right to rrjvct any
and all bids. For full particulars ad. !
dre- Mrs Jennie A. Keener, Clerk,
Wilaon Kivur. Oregon.
NOTICl: Ul- 5ltl:KMHI-"5 5U:
K!1:AL lIH)IM: l V
that every report received from the
expert.- condemned the pavement. Then
followed the exciting meeting at the
court house, which was attended by the
council, the citizens and representa
tives of the Warren Construction Co.
At this meeting the reports of the ex
perts were read, as was also read con
siderable literature published by tho
Warren Bros. Co., patentees of bitu
lithic pavement, said literature con
demning the manner of construction
and makeup of our pavement. It was
quite evident from the showing which
the citizens made at that meeting that
we -Narreii (construction company was'
holding miv'nty uncertain ground. The
representatives of the company who
were present were put to the disagree
able task of endeavoring to explain
some t;..njs that simply couid not bo
expla: .-a to the satisfaction of the
citize .s .'he situation at times was
quite humorous, especially when the
Warren Construction Company men
were put into a corner.
After the neeting at the court houso
Mayor Harter recommended that a
committer be appointed to secure an
"unbiased" report in regard to the
pavement. The committee was ap
pointee and more samples were taken
up and examined, a chemist in Spo
kane testing the samples and reporting
on the same In connection 'vith this
particular report it will be remembered
that the ruport was brought to the
council meeting by the committee but
somehow was lost sight o! and had dis
appeared and the mayor again enoeav-;
ored to make the assessment before
even all the councilman had had a
chance to read it. However, upon the
insistent demand of the ci zvns pres
ent, search was made for the report
with the result that mayor Harter fin
ally fished it out of his pocket. The
report was then read, and the contents
of it were practically the same as the
other reports secured by the citizens,
which were to the effect that the pave
ment was not a hithulithic pavement
and came far short of what the people
were expected to pay for. Mr. Harter
had secured his "unbiased" report.
JhecaMj was set for trial at the
nn.lm. ....... f .1 .f r. t .
ojj.jH.i tciin ui um v.ircuit. ivouri, out u
later date was set for ita hearing arid
durini; the first weeks ol July the trial
was hold before Judge Campbell of
Oregon Citv, he being selected by the
Supreme Court to try the case.
The great mass of real expert testi
mony given during the trial was In sup
port of the citizens' contentions. Mr.
Archambeau, an ex-official of tho War
ren Construction Co., and who has laid
milea and miles of pavement stated
that our pavement was not a bitulitl.ic
pavement, and when asked what kind
of pavement it was, stated that he
would call it "The Tillamook Special,"
as he had never before seen anything
like it in the line of pavement.
Mr. Richardson of Portland who had
been acting as city engineer for Tilla
mook, during the construction work,
gave some startling testimony while (
on the witness stand stating that Mr. i
Geiblsch of the firm of Geibisch & Jop
nn wmcn bud the
zem were unjustly criticised at the I NOTICK IS IIKKEHY GIVUN'. that
time, but the concenaus of opinion now ! hy virtue of an Fxecution mued ut of
u.m. i., h. h.. t ika 1 ln t ircuit t .-urt of the State of Ure-
seern to be that the b ring of the de- fo(. tw (. . of Mun01((t
tect ve was all right, but the detective dated the ll day uf November. 1013.
made a mistake by tackling the wrong j in the cause wherein F It. Heal was
man, ! plaintitf and the P.iciflc City Realty
, . , , , , . , ! Company was defendant, upon n julg.
It is seldom that nn official of a city, ment theretofore rendered and docket
will have the audacity to work against ! od in sain cause and court; said judg
the interest of the city as John Mar- "I"1, being against the said defendant,
favor of tho said plaintitf. F. It. Heals,
ari amounting t. $1,100 IV) with inter-
tor has apparently done. Mr. Harter,
is out of the city and we ar not in the
habit of jumping on a man when his
back is turned, but we feel that Mr.
Harter's case has been such nn extra- !
ordinary one that a resume of the '
pavement controversy would not be j
comoleto without some mention of his '
quite apparent disloyalty to the people j
of Tillamook. !
Another case sf rank di'loyalty to j
the interests of the people of Tilla- 1
mook has been the attitude of the "
Headlight. The Headlight's disloyalty j
to tne cities' interests is even more
market! because of the fact that Mr.
Baker has secured for years a fine
patronage from the people of Tilla
mook, and for hirn to turn against them
in their hour of greatest need,
is beyond cornnruhension. If Mr. Ilak-
er could have his way the people would
be forced into debt for the inferior
pavement of approximately $150,000;
enough money to build a good, deep,
wide channol from Tillamook to the
est thereon ut the rato ul 6 per cent
per annum frum the ilrd day of Oct
ober, 1013. ami 112.25 costs and dls
bursernuuU, NOW. THbltKFOKB. in oJdur to
satisfy the said judgment ami the cost
and expense of this writ. 1 will, on
the Oth day of December. 1913, at 10
o'clock a. in., tt the front door of tho
County Courthouse in 'I illamooic City,
Oregon, sell, at public auction to the
highest bidder for cash in hand, the
real properly of the said defendant,
situated in Tillamook County, Oregon.
ami uuscrilwo as lolluws ;
Uts . .r). C, ?, US, 19, 20, ami 21,
Hlock 3;, .ml Lot 8 ami 9 of Mock 7,
all in the town of Pacilic City, Oregon.
Dated November 7th, I0IH.
H. Crenshaw, Sheriir of
Tillamook County, Oregon.
FrM ftitkN ubhI NMkIul
lii40aat4itf.4ul do Iliose
who wiOl brin piiy-
r:jSBs to - -
t 3a e laian Bil2tKt is riii
riiy ooi .WifcjaEriis Kay
m Haboi Co.
Wheeler. Oregon
Portland Office
Tillimook. OlfKCi
327 VAiUn( tM
Notice of
Sheriff's Sule
of Ken I
ll't'HLISIIHH.l "lUU
Dcpurtinciit oftiTc Interior. (
U. S. LAND OFFICK at Portland, i
Oregon, November 3. 1J13. J
Notice is hereby niveri that Juanpidne
King, of Maine, Oregon, who, on Jn- I
uary 23. l'JI2, made Ilomeatead lintry, t
No. KOlll, for SKI, Section lo. Town
ship 3 South, linage ft West, Willanv j
ctte Meridian. Im lllc.l mitiru of inUn. '
. tion to mate Final Commutation Proof. I
... ninuiiiii Llllllll lo 1111! lUIMI IllKJVri '
deseritied, beforu County Clerk of.
MiiamooK, County. Oregon, at Till
mook City, Oregon, on the loth day
December. IK13.
n..i... .. ...i...
vi.iiionoi. iiiiiui-n nn wiiiiesnos: l,;e
r. (.ray, Irene Willis, Albert J. Mc
Gough. Mrs. Minnie Wllmot, all ol
Maine. Oregon. !!. F. HIGHV,
Or. L. E. Ik-will H.T.BOTTS.
AND SCIt :kn
Obstetrical MMialtat
1 1 loth Plmne
ilea, ami Olllee; Wbilehouao lUnidenen.
j by virt.ie of an Kxoeutinn and Order of
sea a,.d give us the finest kind of bar j ogon, ' VoT 'Tiilamook
bor facilities. Ami the worst of it all ' County, dated the 18th day of October,
is the fact that regardless of the late 1 'he cause wherein D, F, Trow-
decision Mr. Baker is still apparently j 'tw? .''l''''1.1'. h',V'nct'J"
v.lnvtIIIK UMIMOIr )klVin lb
K. A. I). I'HHKtNh.
( ul'..... 'ii') i t .ii
Tilluiiioolt - Ort.
riui iuu IS HKItRllV GIVKN that
ny virtue ul a Judgment and decree
matie ami enterej on tho .'lint day of
vicioner, lyi.i, in a certain pause pom
ing In tho Circuit Court of the State i
can only bo left to the imagination as
to why a miin should do as he has done
and is doing.
The writeup of the decision of Judge
Campbell appearing on the third page
of the last issue of thelleadlight, show
ing the fine Italian hand of the Warren
Construction Co., while admitting the
triumph of the citizens over tho War
ren Construction Co., is unfair and
misleading, but is characteristic of
the usual writeups on the paving sub
ject appearing in thi Headlight. The
article would lead the reader to think
that Judge Campbell's decision had to
uio only with an irregularity or tech
nicality relating to the charter amend
ment when, as a matter of fact, Judge
Campbell's decision also covered the
quality of tho pavement, the most vital
issue involved, his decision being that
the pavernenet was not in conformity
with the specifications, in other words
that the Warren Construction Co. had
not carried out its agreement with the
city and in failing to do so tho prop
erty owners could not be held liable.
Poor old benighted Maker may some
day take a tumble to himself and dis
cover that when he undertook to as
sist tho Warren Construction Co. in its
exploitations in Tillamook that he
made a fatal mistake,
I 111 J rill stif.ltr.it... I tl I...... .r i
PirUi N'titinnni ii .i, V. " V """"" " " V? I""'un ami
-fjiui liiiiin. l L.UI inini linn . .luincM vnrniin rwi .... r. . ir
and C. L. Dye. were defendants, uKn non and C. K. IL.dley are defendants
1 Ju,,R,ntnt .an" 'Jtcrms lepdered and and by virtue of an execution duly u.
' I t t , V '"" inai ueo umier trie judgment and
uunjiHiiuiu, i.awrence v.. zanders
and Gt rtrude A. Sanders, anil in favor
of said plaintitf, amounting to C,TM
with interest thereon from the 21th
day of April, l'Jfj, at the rate of 7 per
cent, per annum; the further sum of
?o7, 52 'axes; the further sum of 1100,00
attorney's fees ; and 423.50 costs and
disbursements, by the sale of tho real
property belonging to said defendants,
Lawrence K. Zanders and Gertrude A
Sunders hereinafter described.
NOW THKP.KFOUK, in order to
p.nini iou aui juugmeni anu decree,
and $11 00 ensts and HiBbursurm
the defendant recovered by the defend
""L The First National Hank, against
oiii uuiiiiunoi., i.awrenco k. Sanders
and Gertrude A. Sanders, in said cause
and the amount due on tho judgment
mentioned and set out In said decree in
favor of the said defendant, The First
National Hank, and against said de
fendants. Lawrence K. Sanders and
Gertrude A. Sanders, amounting to
the sum of 1200.00. toe-ether wllf? I...
ten.'Kt thereon at the ratoof 8 per cent,
per annum from tho 2fith day of June,
1910, the further sum of 450.00 attor
ney s fees, and 112.50 costs and dls
burf ements, recovered in said court on
tho 11th day of November, 1910: und
. V10 ,f.0Hl8 aniJ expenses of this
writ, I will, on the 22nd day of Novum
ber, 1913, at the hour of 10 o'clock u,m
at thu front door of the County Court.
UZ Z I Tt , Oregon, sell, j
.... ,.uiu i, uj iim niKiiesi; u uuer.
aioresaid on the 5th dav of Novumbur.
la 1.1. the undersigned sherilf of Tilla
miwk County, Oregon, on Thursday,
the 11th day of December. 1913, before
the Court house door of Till.imook
tiintv, Oregon, at the hour of ten A.
M. of said date, will offer for sale and
nun io me uiKnesi milder for cash
iinnu ino louowing described real
eriy, situated in Tillamook
Heglnnlng at n point 35 feel South of
the Southwest corner of Mock 2 in
tho town uf Lincoln, now within n,..
corporate limits of Tillamook City
Oregon, and running thence South 35
feet: thence Bast 100 feet; thencn
north ,15 feet; theuco west 100 fed Ui
the placo o f beginning, l,eig the oiith
half of 70 feet of tho entire north end
by the C. O. D. Laundry.
Thu foregoing sale shall ho made, as
by tho aforesaldCourt ordered, llrst. to
Utt I 111 ftt tl Illllrilni.nl .1 I
i ' K' ,., .'f'1' entoreil
w.u oui'o ei viueu i.ouri anil cause,
in favor of said plaliitlff Rudolph Zacli!
imin, ngHinsi said dorondants. Jnin,,H
Vernon, Sr. am Jane Doe Vernon for
uii. ui rufcou wiiii intureHt thereon
..w Mi invu ui o per cent per anniiii
iron, January an, uni tl() u
ther sum of 120.00 attorney's and filing
ft mm n ml wUa fnil.,.. .... . a . r
m(v vij swiujuf Bum f i str. in
corU and diHburben
said plaintlfT; and, second, to satisfy
Judgment obtained in said court and
lrnuul. C i lT "u 'Kosi uiouer, i causo in ravor or dofendntit. C V
t," S th h? T?1 ',r")Crty r"0t said defendants James
f &,i. Ha,di ''uf,:nJu Lawrence I Vernon, Sr. and June Doe Vernon In
described as follows:" ' &J5I&Flffii Z
nlm, u,.r Vi.V. uJiii " f'Y'xe "-U.B f :nY WM? "ner Hum or IHM costa
rV.ntW. !',' IS. wl"fn-'" Mcridlon, and disbursements Incurred by hM
UUted (ll'lnhitr Cfll, ml" r.. .i i ...
The Herald has moved into its new
quarters in the Masonic HulMlmr
where wc will be pleased to meet all r' ln township fouf eouth of rnnire
our old friends. Our new quarters are
ft tfrtitit I miioniiarnoni My. a L. l t. s . .
conct - -'"'y "PP-ciato the change jgMw, ' " "feir of
Hberiff of Tillamook County Oregon. Tillamook County, Oregon.
j Olfip in StufKcnu lltdtf. T II fnYNF
All Work Miatiui. jUI,,E'
: -rr Land Office Buslnm.
DR. ELMER D. ALLEN, Oppoillr CourlU.
Dentist, :
H Located in the Commercial BHg., QcO. P. WinsloW
j Succeedin, Dr. i. J. Slurp. . ATTOKNLY A f I AW
All Work GuumxUcJ, lUU Plua-.. Tlllamm,k Ho, k
Oillr, IbM,,,! 1 ' U," " ,t,M"" ,r
Jiotp.,,,. Tilfamook, Of(g
Ofn Uvfiifngi f,, 7 ,,,,,11 j .f
ur. jack Olson . n. hknkh- Mrt.
pvsini.ie'i. '""""r w,'"i Hskerjr.
Olllc-o II ours from 9 a. m u, f, p. m. AuhUM Wh(,
Oddfellows Building - r2
Hoth Phones.
J. E. rEEDY, D. V. M. ''"'" "ml I'll per Hunger
veterinarian' ' ' Contracts Tfilu'ii
. , ' listimatcs Furnished.
(HothiWs) A Work Ouarnntml.
Tillamook , , Oregon Tillamook, Or.
GEORGE WILLEtT Pioneer Transfer Co.
Attorney at Law ' L D,CK & v,0f
Office in Commercial Building 1ht8J?Bw
B Tiiuiook
Tillamook County Bank Bldg. Bakef S
DjiuTHcjiKic Advokat I?0K' AT
Commercial Building ALL GROCERS