The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-03-17
"JIm Grow" Sands Dispute, He
Says, Grows Desperate. 1
HIS CLIENTS HEAVILY ARMED
Heated Discussion in Circuit Court
Between Attorneys Attempt at
an Understanding That Failed.


Cook and the Columbia River Packers
Association appeared before Judge Nc.
Bride H. the circuit court yesterday
afternoon for the purpose Of endeavor-
ing TO arrive az some conclusion rela-
tive 10 the suits now pending IN which
the parties appear ms plaintiffs and de-
fendantg. respectively.
Smith Brothers represented the pack
ers association and Judge Carey. Of
Portland, Enyard 4 Cook.
The attorneys endeavored In vain TO
arrive at some amlcablc arrangement.
They talked and argued and argued
and talked, but every attempt ~ gtIpu-
lalion failed to succeed
rhe arguments grew decidedly ylgor-
GUS. Judge Carey making positive as
Sertlons that the contest over posses
sion OF Jim Grow" sands. which is the
cause Of The litigation. would, In all
probability. result In a bloody war be-
tween the representatives OF the con-
I AhNAAAhN hNAA'Nf WV NfhhA'l hhN HNAAANu
before the fishing season opened.
In order 10 make clear the contentious
Of the parties to the suit. II Will be
necessary TO give brief history Of the
case.
Several years ago NJ. j. Kinney ac-
quired two-thlrds interest In the
Jim Grow" sands. Enyard & Cook OBJ
taining possession Of the remaining one
third when the packers association
WAS organized Mr.. Kinney's interest was
transferred to the association Cook &
Enyard raised objection to the aEsocI-
alton seinlng on the grounds and q dis
pute us TO title arose. the former con-
tending that the portion Of the island
which once composed Mr. Kinney's In
tercst had been washed away and drift
ted into a new position title 10 which
Cook and Enyard lost no time In pro-
curing from the state. A suit was
brought BY the association to establish
title TO the property taken up by En-
yard & Cook. and upon the strength
OF the conviction that they Were right.
the managers OF the association sent
force OF men onto the premises and
caused buildings TO be erected which
are now being occupied by their repre-
sentatives In charge OF w. j. Barry.
Suit VAS then brought by Enyard &
Cook TO eject the associations repre-
sentatlyes from the premises and there
matters rest. for the present. AT least.
Neither case has yet come to trial
Many intricate legal propositions are
involved but while the association ad-
mits that the sands have shifted to
some extent. IL contends that. not
withstanding this, much of the shifted
property stlll remains in the same To-
cation occupied by the sands Of Kin
neys original claim.
When the attorneys met yesterday II
was for the purpose OF arriving AT some
understanding as to the right OF the
parties to fish ON the grounds this sea-
son. The attorneys for the association
agreed to withdraw from the premises
until the case is settled In court, upon
the condition that Enyard & Cook de-
post $500 as rental of the grounds for
the coming season, in event OF the as
ISOLATION winning its suit, This was
consented to under conditions which
the association attorneys refused to
entertain and no agreement was
reached.
II would like to get this matter set.
tied in some way" said Judge Carey.
after Il was found that neither side
would yield a point. II have been
coming here time and time again to do
something but nothing is ever accom-
plished and we are as far from the end
as ever, The fishing season is soon to
open and unless the rights OF these peo-
pie are established one way or an
other grave trouble may result. Those
fellows up there are armed and deter
mined and there Is no telling what will
happen If matters are allowed to go
on as at present"
Attorney John II. Smith stated that
he had no information that any violence
was In prospect.
"Mr. Elmore and his associates are
peaceable and law-abiding citizens and
l see no cause for ALARM" said Mr..
Smith
We'll" returned Judge Carey, with
much vehemence, 'Mr. Gilmore and his
business associates are all right, but
that man Barry they have up there is
scoundrel, a plug-ugly, and nothing
less. He went up there with gun in
his hands and pistols in his pockets
and bulldozed and threatened the lives
of my clients by force of arms. My.
clients have submitted thus far but
when the season opens up somebody
must be boss up there, and there is no
doubt that trouble will come from It,"
Judge Carey was the only one who
pretended to know anything of the in
tentlon of his clients and 1t would be
difficult to dispute that he may be cor
rect as to their intentions.
Judge Mcbride then closed the scene
by allowing both sides ten days to file
answers and do business.