The evening herald. (Klamath Falls, Or.) 1906-1942, 1912-06-10
SUIT FOR INJUNCTION
(Continued from Page ~

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live at Hot Springs. aud persons go
Ing there from other parts were sa q
TO be going to Hot Springs. whiic.
as a place. Il had no set or defined
Typographical boundaries. its general
locality was well understood In all
parts OF the county. While those con.
ditions existed. and In January. prior
to the organization OF the county
Edmund and Jennie Petty. owners OF
land comprising a part OF the locality
snd territory heretofore known As
Hot Springs. plated i6o aercs there
Of, and caused the same to be record.
ed as a plat OF the town OF Hot
Springs. A question was raised by
respondent AS to the validity OF this
plat. on account OF defective acknow-
ledgment. but we do not regard this
as very material. II was not neccs-
sary that tho place selected rs the
county seat should have been plated
at all. The selection. II In other re-
spects legal. would have been good
and operative II II had designated a
certain ouar,er s..,io, n, I.,a ,r
John smith Farm AZ ,b.r. h., h..,
on, such In IN. eou,,,v an, ,h., !.
we'll known place. II IL purely a
question OF wha, plae. IN. .,.c,ors
had In mind and i,,.,s.a ,o d..,,
nate and select ~ neI,b.r p.,,v M,
any other owner had .vsr pl,,,.d M.
land. IN. county se., would nv .,et
yo,. hay. bcsn Ioc.,.a ., 10, s,r,,..
proyid.d thar. wa. .,c, n,,..
whose si,us or loca,,on .o,,s ,av.
been practically and r.a.o,.hiv s,.a
and de,erminsa \, x.. M, .s..,,,,,
that Hot snrinrs mr. c,sc.a. a. ..n.
didat.s for county s.at .hou,s b,x.
rxed and definite e,,er,or boupa,rI.s
Tn. fact that nj IN. tim. n, IN. .i..-
tion. n town of Ho, s,rinvu b.s h..,
platted. wbe,ber such Mia, x,. ,.,.
ular or irregular. wa. only imnor,-
ant as bearing upon tho in,en,ion and
understanding of tho .i.c,ors IN a.s.
iynatinx Hit sprinxs as m. ,I.c. q,
their choice for county seat san.
rose Il had besp d.mo,s,r,,.s n,
IN. trial that .yery .,sc,o, who voted
for Hot springs dis so h.vI,, 4,
mind and intending m. ioc,,,,v ,o,-
morIy and then known .s 10,
SurInes and mn, the o,,,ic,i,, ,.,,I.
tory platted nv Petty. wonid On. la,
ON acoun, OF sueb Mia, fore. IN.
county sea, in,o ana within m. I,m,,s
of such Mat, W. tbink No, rna.,
the .videnee in mi. cas-. wa ,h,,,
Hot sprInxs either ma a wall t,,vn
locality in the y,cin,,v n, IN. snr,nys
or as n n,a,,sa tow, s,,. wa. +. ,,s..
eligible for s.,sc,,on s , .on,,v go.
and which plso. seIsc,ss "a a or..,,,n
,,o, OF law. I'm, Of fac, aenena,,. an
on the intention of the eiec,or. A
I, oues,ion NJ fac, IN. trial co,,, h.,
,sss.d uno, ~ II. ,,d.m.,. snor.
IN ma summarized nv IN. nr.,ondor.
a,cs n, the sv,ssncs rr,.r,.I,,nv
Ibis on,nion as we ao ,,,or ,,v,,r
carefully gone ovsr IN. whoI. ,ocn,a
|, would serve no uss,u, nu,,oso IN
and comna,. IN. s,a,.m.n,.
n dIneren, wi,nssses which Iood ,,s
"a the same conclusion as fond lv
he trial court ,o-wI,. ,ba, Tho uo,
,,rInxs selected ss m. county Nan,
vas moi necesariIv ana o,Iv m. ,or.
.I,orv covered nv the Pe,,v ,r,c, and
bat the cour, hons. in ou.s,ion
tandInx n thousand fee, outside ~
aid DIat I'M, within IN. ,.rir,ory ana
ocaIity then and nrsviousIv know,
!. .Ho, springs' was and IA located
4 the county seat"
See also Alsn Q, al Va Ly,,,. .c
!. f.. %. 23s fGa).
As TO the general mowers Of the