Cbe Cillamook Rcraid
C. G. CrombUy, editor
issued twice a Ulcctt Cucdav and rldav
Entered as cvond-ehiss matter May 17. t'.UO. at the iwt oince ni iium.
i. under the net or .Maren .1,
Oregon.
st'HSCRirrioN i.so a
'.'Jldvcrlfelna Rales
VKAK IN AOVNCK
.05
! ccnl Advertisement"
First Insertion. per line - $ .10
Each suhseouent trsertion, line .05
Homestenii Notices - - 6.W
Timber Claims - - 10.W
Notices, per line ... .06
Cards of thanks. per Hne .OR
Locals. 'Hr lino, first insertion ."i
STATEMENT OF OWNERSHIP .
C. K. Tromliley. Editor. I'ublishor and manager. FJrst Nationnl,.'"
Tillamook. mortav hoklers.
sntwrtiuent insertion, line
Resolution of t ondolonee and
Ul- notice. per line
Business t Professional cards. mo, t.M
Display Advertisement, per inch .36
A 1. 1, liispluv Ads must t'o in this of
fice on Monday a'1 Thursday Mo
inirs to insure publication in folw
inc Tuawlny and Friday issues.
Rwison are imperative.
i-Kin.w jrxii lg. loi i.
COMMUNICATION
Franklin. A. H. lumber
KutnatncW. F 1' S. erviee
uroat. lohn I' S. Fngineer
Own, K. E. druKist
Haherlach, Carl. eheose broke
Haltom, E. T. department stare
Harmon. Erwin Tillamook CMlty
Bank
H olden, J. C. Count jr cltt
Henderon, J. L. attorney
and ab-
Editor Herald:
The writer of the communication last
week seems more familiar with th
cover of his Bible than any other part.
Not only does he misquote, but mis
interpret ami misapplies.
The partial quotation "Whomsoever
will, let him come." is evidently the tr,,c
one found in the last rhapter of Havel- ( Hrnkc r. undertaker
ation. and continues. "and take of the i ,y, p contractor
wat.rof life freely. " and is generally' ifewit U . phyakkn
interpreted to refer to conversion or J Henderson, Geo. deep sea 6th pro-
receneration. I fail to see where oven ' motcr
work! wide prohibition could force the j iackson - Q County Wireeyor
conversion of one person or wharein . KtWson j fxni National lsaak
it would eek to do so. It may be our ,-- . -!..i8
brother enlls "booxe" the watarof life, ! ins;, B- hardware
but it so be 5 staieo nis cnc Back
ward. The sixth chapter of first Timothy
cont i the quotation "Tb love of
mo.ey is the root of all eviL" Money
itself can hurt no one. and may eve..
be the source of preat blessings, as
many an incident in the Bible and
every day life shows. Did you ever see
a match set a house on Are. or an auto
mobile, or h'.".-se. or Hyim: inachi e
walk up to a man and kill him! What
causes nine-tenths of the iceWent
with tHese self same dangerous art
cles? I-n't it liquow? Even a in
isn't particularly dangerous or liable
to be "loaded" unless a drunk man has
it. Eliminate the cause and you know
the effect. If the manufacture ami
sale of all these articles were prohibit
ed it would leave quite a i;ap in our
civilation as there are no substitute
for anv of them in their peculiar ues.
But is there one useful use to which
alcohol is put that some other compara
tively harmless substance cannot be
used to advantage? Name one.
Another thir,: -how can a preacher
make people dea- to sin? Sin dies out
as we let Jesus in and in no other way.
No preacher in the workl has control
of the process they merely le 'd us to
where we can "let Him in" and the
rest of it is up to us and God.
Thank God that the preachers are
studying present issues as well as past
history and taking their stand for
righteousness and trutn and so hasten
ing the day when "the world shall be
full of his knowledge and glory as
waters that cover the sea."
Mrs. J. H. Tucker
CLUB MEMBERSHIP STANDING
Tillan-M.de Cit is proud of its Com
mercial Club roons. They are the
tfjual of any on the Pacific Coast,
and the city and the county is Retting
much free advertising, not only
throughout Oregon, but in California
over o":r chctse. Every business man
should esteem it an honor to belong
to the club. More of our citizens
should join and help support it. A city
it a live commercial club is
know is a dead place and new peo
ple rh money to invest shun it.
F.cr !.i;m!k-ss and prof --ional man,
v.ho ,.n- tl... food of the city at
heart, ..rid tin ir own welfare, should
support it, for a commercial club
nctds 'l.i-ir ;i-istance and co-operation.
All cluli members arc invited
to the ni'iiig to be held next Mon
day cvc-iiiig, when a new president
and tr a Hirer are to be elected. There
will b a lunrh and cigars and irener-
Knme, Chat, dairyman
1 Ijimar, I. S, drngipst
i.abowitch, L. dry food merchant
I a v, son, J. L. Fruit Palace
l amb. B. C. agent steamer Sue
1 Elmore
I .each, M. F. meat market
Mason, Homer County judge
Maddux. J. V. City Transfer
' c'air Alex hardware
Mcndcfihall, B. Haltoin's
Mitls, Grant grocer
Miller. C. W. lumber
Olson, J. dentist
Perkins, A. D. dentist
Rowe, F. A. banker, Wheeler
Rosenberg, H. H. grocer
Rosenberg. J. H. grocer
Stephens, V. J. gentlemen's resort
Schradcr, laul captain Sue H. El
more Shrode, D. L. Tillamook Feed Co.
Siua.s F. D. cold storage
Smith Ira C. hardware
'Spalding, Will electric light
Shultz. O. A. A. F. Cootcs Lumber
Co.
Tait, Win. G. President First Nation
al Bank
Trombley, C. E. Tillamook Herald
Vic reck, S. baker
Williams, W. A. harness maker
Winslow, G. P. attorney
' Watson, R. W. real estate and insur
ance Walls. RayBell Tele. Supt.
' Xachman, R. F. plumber
V.'hitnv Titnr f o , L; itotl.
E. J. Gienger
i V'erle Stanley
C. R. Worral, attorney
' Dav Kitznutrick
C. Willia-ns
ljyd Williams
Torn Rood
JUDGE HOLMES' DECISION IN THE
HOTEL TILLAMNOK CASE.
Judgt Webster Holmes, in the in
junction suit of John I. eland Hender
son vs. Tillamook Hotel Co., P. J.
u orrall. Anna Worrall and Charles
Kunzc, rendered the following decis
ion :
"This is a suit instituted by one of
the stock holders of the Tillamook
Hotel Company, a corporation, for
himself and in behalf of the other
stock-holders against the Tillamook
Hotel Co., P. J. Worrall Anna Wor
rall and Chas. Kunz, as directors of
the defendant corporation, for the
purpose of an accounting, on the part
of the defendants directors and also
individually, and asking for the ap
pointment of a Receiver for the de
fendant corporation.
The suit is predicated unon the
ul discission how to boost the city j theory of mismanagement on the part
of the directors and particularly the
and county.
For the information of those who
arc desirous of knowing who arc now
supporting the club, we give below
the names of those who are in good
standing. There arc a number of
members who are behind in their
dues, but their names are not includ
ed in the following list:
Bacon, Ralph Ray Feed Co.
Baker, Fred C. Tillamook Headlight
Baker, W. F. Tillamook Headlight
"Barnes, C. S. Ramsey Hotel
Beals, F. R. (Mayor) real estate
Beals, B. L. Sr. County Treasurer
Bcals, B. L, Jr. cashier Tillamook
County Bank
I3ucl, Gail student
Rotts, 11, T, attorney
Case, A. K. machine shop
Chase, O. W. fish merchant
Claussen, E. J. attorney
Clough, C. 1. druggist
Crenshaw, If. sheriff
Dolan, A. T, cement contractor
Dwight, W, G. financial broker
siKiudl or fnmi l.cV. of ability it !
immaterial ami unncoeiry (or tltr
Court to decide. And It ata shou
there Is Internal iltssntUlnctton n
nin the tork hotdcts nil of which
.otimbule to the jeopardism of the
interest of the corporation , and If
continued, would rendrr It absolutely
risolveni And the evidence shows to
the satWarttwt of the Court that the
drfmdant corporation was tending
upon inIVeiiry, and bordering upon
insolveney at the time ol the trial of
hi suit The old rule a atoekhohl
rt. tiiritv stock -holder, had prof
tically no relief. That thry were at
the mercy of the majority stockhold
! or, but the trend of modern decisions
of I has been to relax this rile and futtli
j er. to give the Court ol Chanter v
I fucisdiction to protect the interest
j of all the stoek-hotdrrs and the inter
! ot of the corporation, and preserve
il, and thil modem rule is founded
upon common sense and good rea
swing. It is a mere futility of Uw to
hold that the minotit stockholder
has no voice in the affair, of a cor
poration. While the eorporattoM It
!f is the owner of aP the properts
of the corporation, yet the stockhold
- financial interest therein is rep
resented by the shares of stock which
he owns, and in a way his rights and
interests are analogous to that of a
partner, and it would be simply dr
nying the rights of the minority stock
holders who are leingitnpoed upon
or subjected to the loss of their prop
erty for a Court to refuse to twkc
jurisdiction and protect their rights
and interests. And it appears to th
Cnurt from the evidence adduced that
P. J. Worrall individually, is unfitted
for the management of the affairs of
the defendant corporation, that he
ha heretofore held in contci .pt the
orders of this court made heretofore
made in this suit, and that he t not
fitted by nature ot have the manage
ment of the hotel, not being adapted
to meet and make friends with the
patrons of such a place, all of which
'rnds to jropardirc not only hi on
interest, but that of the other stock
holder It is also claimed, and wai testified
to by P. J. Worrall that he had a con
tract with the defendant corporation
whereby he was to receive a salary
of one hundred dollars a mouth,
board and lodging and what liquors
he miht personally srr fit to con
sume, but the records of the corpora
tion introduced in evidence, fail to
show any such a contract and such a
contract could only have been enter
ed into, if at all, by t lie act of the
majority of the Board of Directors,
which should appear upon the min
utes of the Director. And it would
amount to a fraud upon the stock
holders for a Director, being in con
trol of the majority of "he corpora
tion, cither as owner himself or in
combination with other stockholders
or directors, to vote himself a salary
hoard and lodging and the right to
consume liqur which would be in ex
cess of the earning capacity of the
corporation to stand, and the evi
dence shows that P. J. Worrall con
sumed for his own individual use in
liquors, the property of the defend
ant corporation, between $65 and $75
1 ar month, without any right so 10
do, there being 110 contract to that
effect with the corporation, all of
which would amount to a fraud and
imposition upon the stock holders of
the corporation. And under the state
of facts of this defendant corporation,
it was too great a burden for it to
hear ami lose, and it appears to the
Court after a consideration of the
evidence in the case, that the onlv
uay to protect the interests of this
-orporation is for the court to ap
t .1 receiver, until such time as
this corporation can be put upon a
iolid financial basis, and a Board of
Directors can show to the Couit that
the receiver is no longer needed when
he will be discharged.
And it also appears from the evi
dence that P. J. Worrall has received
without any authority ami in contra
vention to the orders of this Court,
the sum of ?ioo at one lime and $jo
.it another time, and that he should
account to the corporation therefor,
and that he has received as pretended
salary the sum of ?ioo a month sin,(
ht opening of the hotel until the
emporary receiver was appointed
herein, and the Court finds that the
sum of $100 will be more than U
services were worth during that time,
ind will not compel liin. to account
therefor to the corporation, at this
time. And the defendant Anna Wor
rall has received the sum of fos per
month as salary and it appears to the
court she has fully earned that sum
of money and has in reality earned a
much larger sum, but has received no
more than $35 per month and she
should be allowed to retain that. And
it appears to the Court that M.c.
Dr. L. 15. Hewitt
Obstetrienl .Specialist
Both Phone
Ron. and Oltlf : Whlthm lUsldonee.
TILLAMOOK OBI--
J. CLAU88EN
lawver
PlH'TNv-ilKM AOVOKAT
CoiuituMcinl Muil(liiK
BOTTS
C. DUNHii
UUsf .Mta..
1 Hlamook
Ititttttit. 1 1
It a.
OlTku Itouti.!
1)
R, A. I). PHKNIN
KKMt'KNT STIr
Offio in tftuiuesm BhU.
All WotV liiiammecl
TILLAMOOK.
OKKOON
H. T.
IjWVff
C(),MILt:Tli.St:1Ul;AHSTKACT.:
Ollice 'JOIi-'JOl, I illnumoU
Mock
TillntumiK f)iv.
inca Apatlmratif!
un uf fmi, ,u,.y
Dr. Jack Olson
RESIDENT PEN I IS T
Utile Hour Ironi ' m to P in.
OdJfrlloxi HuiIJiujC
Both Phonrn.
DR. ELMER D. ALLEN, j
Dentist,
Hat LocJlrd in ihr Commercial Bid"..
Succecdinc Dr. P. J. .Sharp.
All VTork iMUM.iifl. IUh PWc. j
OlllsrlU.1. , it , jo p. m.
Orn Kvrniiu li""i ' "'l 4'UnA
MlfiiUhesP
mellt, III mill
iii 1 iiu ..... . "
ItUHlairil alllWMii-4M- ... 1 '1
Iv (iirttUhMl Ther ,m 'XI
rd III the (WW M4. p ISaZ
tt lllixt flllllfurtal I. ,l I .'"'I
Pri..illwH ..... . " -'""'tUi,
Pioneer Transfer Co'SCT ,B """
l m PKKCIIEON STAtUOS
0. L,
PICK .V .SON, IV't
It.. 1I1 Ptwm
I he Srtine I'rlwo to HcroMe
lUrtU
JOHN LI I AMI MIMHKSON
tllurnrt at-ln
vtitlrat Irf
"HI K lr Wth kl IL..
n mr nrtn . 1 irr r (t
TllUmooV. ufn
lillmnook Cotmtv Httnl Hltlq.
T. H. GOYNE
Allorney-al-Uw and;
Land OIHco Business,
opposrrt; coi Ki tiousK
J. E. REEDY, D. V. M.
Geo. H. Winslow
AKs y ai i vv
ts m AC
Tillamook. Oregon
RANCH FOR SAIL
lll.l .AfUHIk I'N'IMUi I AKI.Ntl CO.
It. S III' SKI I Mri
Un-trJ 111 ll'iiUliht I'l'tmrrlr lVupln
1 Mr ti rnuur.
I'on.l.t I)l(r lf aikl Llciil Lmlialitl
ljdv ,itMl When lsueln.
.VKTKKINAKI AN
lllolh l'h""cij
Tillamook
Oregon !
GEORGE WILLm
Attorney at Law
Office In Commercial Building
E. N. CRUSON.
Pnlntor it ltd Paper Hunger
Coutrncu Tnkcii
Ii,sti!tuitcs l?tii'ishcl.
U Vrk Cutuntrttccsl,
Ttlimimok, f)r.
. aerrs t-r .lrm k .
elcated. tt pi,4ir rioiA
tlllfl llllld 111 K 1 .1.1. ... ...
.LI 1.1 ..
I at, II ,,.t.. Il
Eat
Vereck,
M. M
1 ILLIYlUUr KA
AT AUI. (iliOCKK
Four Foot Fir Slabs
$3.00 Per Cord Delivered
$2.90 in Ten Cord Lota;
$2.80 in Twenty CortljLoU.
A. F. COATS LUMBER CO.
it
SldhoV.K lle-.'crtcc, fhi
Jpbn ltarl llciiifKe,
Scry Tr
Attiirtvey t.L, Sourrhii
TilUmook Tltlt
Abstract Co,
. l . . in.
Hurvcjrintf, tnittrtMr,
lkth lTw
i TII.I.A WOOIs, 0K
defendant P J U.-rrjII Mill t..- rr
lilircd to arcmint pav uui to
the defendant corporli'm at thr rule
of U$ per month, on account of lnj.
uor consumed by him for his ossn
permnal use. the property of the de
fendant corporation, without ny
rifjht or authority so to do. And the
Court hud In- is indehtrd to the cor
poration in the aggie irate sum. at thr
said rate of 5 per month, duritiK
that period from the 17th day of Aiir
list, ioij, and the date of the appoint
ment ol Die temporary receiver. And 1
it appears to the Court further that !
the defendant directors should l.c re
strained and enjoined perpi tuj
from inter frrinit in any manner with
the management of the Mid h..t. I .,,
Ioiik as, it is in charc of and in tin
hand of the Receiver to he appoint
ed by the Court in this suit, an. I ,lur
iiiK all of said times until thr .aid
Receiver is finally disilurif.-.l .,
it appears to the Court thai A If
Gaylord is a qualified and ui'..l,
person to he appointed us n,h,,
in this suit and he is heely appoint
ed Receiver until further order of
this court and his hond mil he fixed
until the further order of tint court
in the sum of five thousand dollars.
And plaiuufr will recover in ihi
suit his cost and disbursements ...
gainst th: defendants P. J. Worrall.
Anna Worrall and Charles Kunc
J. F. STRANAHAN
CONTRACTOR AND BUILDER
Will Uiki- fill kiiuls of building v. on tracts, (tirrmh
HK Archtwctut.il lt n, tutrs lor du -s.tinc nbso-
hitch Irtc ,t chaise. Will j.jvc you the lowest
possil.U- fitins on mill work unit nil 'Ulur Iniild
iii' material. Mr. Strntmlum is m tittil uturcr'
Kcnt lor many luntls ol mttcrutl tiitnii'j' in lo
tno coiistrtietion of huihliiiL's tlmi ih not soli in
the local markrl
Give him a c.ll consuIetion and building dvk
ai aii umes. Next to Todd Hotel.
''-r.i'cmeiit of P. J, Worrall who
is president of the corporation and
general manaRcr.
Suits of this kind, must ordinarily
he hrcUKht in the name of the cor
poration against the Directors, and
this is invariably the rule unless the
complaint slates the facts which
shows that the Directors are in con
trol of the corporation so far as
holding a majority of the stock is
concerned, and where it would he
futile to ask the Directors lo in fact
and in effect bring suit against them
selves. The complaint in this suit
filintve tin fnf-tti tr t.u l.ni f. .l..f. ' nr 11 ,
.... .,.., ,c clcn. , worran nas received certain Hums of
. r. vorruu anu Anna worrall
hold the majority of the capital
stock of the corporation, hence it
would be idle for the stock holders
to request the directors to sue them
selves on the grounds alleged in this
complaint,
The evidence shows that there has
been mismanagement, whether Ie-
money at the rate of $sr per month
as secretary, and she will be allowed
to retain that as it appears her scr
vices were reasonably worth lhat sum
Hut since the opening of the bar, the
time being uncertain but fixed about
Aug. 17th 1013, and from that time
until the time of (lie appointment of
tiie temporary receiver, herein, the
A T sfVr a aTm t a
- I r Jk. 1171 ' ll SI I JtT- I
-no
UKiVKIIAI. JIAIIUWAI
KITCHEN RANGES and
HE4TINQ STOVES
See U for Price. Before Ordering; Eluewhere
at j -sfc
l)ONT SPOU, A (J00I) U08SF
MHrneHH mudu of u.
prleoH tlut ought to
we are Bollinp
bent Block at
tempt vot
A WFA.L MADK HARNKS.H
W. A. WILLIAMS,
Lilc
Til T ATViiOrw r av wrnuu
KREB BROS., Props.
I . - .a'
...... 9 imiimi-m mi iitii t' fit t tt'i'i; 1 1 1 11 1 if
I., r . V ',"IM"J ,
1ICK- - - $10.00 PER THOUSAND
3-IN. DRAIN TILE, JI6.00 PER THOUSAND
1JL9JAJN TILE, $26;00JPER THOUSAND
located (i miles Month of Tillamook on main
tnivelcd road.
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