Daily capital journal. (Salem, Oregon) 1903-1919, 1904-06-30
SALEM
SUES
MTNTO
Gravel Bar Controversy viii
Be Settled In the COuttS

The city Of Salem, through their at
torneys, Carson, Adams & Cannon, will
commence suit against H. p. Minto
this evening to enjoin or restrain him
or his agents from interfering with
the right of the city on the Minto grav-
ell bar.
The complaint is being prepared,
and will be filed at once. 1t asks that
the order be made perpetual to con.
form with the terms of the contract
signed several years ago, a copy of
which was published in The Journal
recently.
In January of this year the Mimic
Bros, who purchased the land from
their father, Hon. John Mimic, asked
the city council to make a new con-
tract alleging. that the old one was
indefinite and unsatisfactory to all
parties. The matter has been before
that body ever since, but no final &C.
ton was taken in the matter. This
week H. p. Mimic said that he would
force the issue, and, acting under the
instructions of his attorney, cut the
ferry cable, and notified the city that
the old contract was ended and abro-
gated.
The city employed attorneys and de-
cided to commence the suit to de.
termine their rights in the island
gravel bar.
Mr. Mimic is out of the city today,
and could not be seen. He, however,
stated the other day to a Journal re.
porter that he considered that the city
had violated the contract, in allowing
private parties to haul gravel from the
island, while doing contract work for
other parties in filing streets.
The city claims the right to haul
gravel from the island, whether for
the purpose of filing the streets by
the officials direct, or through private
contractors. M
This morning Street Commissioner
Tarpley and force of men went over
to the island after gravel, but Mr.. Min,
to refused to allow the boat to land.
The crew returned to the city withont'
securing gravel. W e
New Contract Asked.
Following is a copy of the new con.
tract asked of the city of Salem by
the owners of the gravel bar, and is
similar to the existing contract, ex-
cept that sections 4, and are new:
/. This agreement made this -
day of June, 1904, by and between
John w. Minto and Kathryn Mimic,
his wife, d. c. Mimic and Jeanette
Mimic, his wife, H. p. Mimic and Jes-
sic Mimic, his wife, parties of the
first part, and the city of Salem, mu-
nicipal corporation, party of the sec
ond part witnesseth:
2. That the said parties of the first
part for the consideration hereinafter
named do for themselves, their heirs
and assigns by these presents grant
unto the said party of the second part
the right and privilege to remove grav-
ell, to be used on it's public streets
and highways, from the northeast end
of the gravel bar situated in the Will
lamette river, subject to the condi-
tions and reservations hereinafter
mentioned, which bar said parties of
the first part claim ownership, by rea-
son of it being an accretion to the
main land of Minto's Island, which
they own.
3. (This paragraph describes the
gravel bar by metes and bounds.
4. This agreement is made to de-
fine more accurately the respective
rights of the parties, and to super
cede prior agreement made on the
18th day of March, 1899
s. 1t is mutually understood and
agreed by the parties to this agree
ment that the party of the second
part will not remove any gravel from
said island, except for the improve.
ment and repair of its streets, when
said improvement or repair is made
It the expense of said second party
nor remove nor furnish gravel from
said island for the use or benefit OF
any of its inhabitants, nor supply grav-
ell for making fills OF other improve
ments in the city when done at the
cost of private parties, or parties 9th
er than said city of Salem.
6. 1t is further agreed that the con
sideration for this grant is that the
City of Salem will keep strictly with.
in its terms, and not violate any of its
provisions.
7. That the right to remove said
gravel is granted on the condition that
the removal OF 1t will not interfere in