Daily capital journal. (Salem, Oregon) 1903-1919, 1916-06-01
COURT HOUSE NEWS
i * 4 x Il + 4 4 X 4 * * Il Il y

That Frank S. Ward has no legal ca
pacity to sue the city of Salem and to
enioin the city from purchasing paw
ing plant is the principal contention
set forth in demurrer filed yesterday
in the circuit court in the case Of
Frank S. Ward against the city of Sa-
lem, the mayor, city recorder and city
treasurer. The plaintiff sought tenn
porary injunction restraining the city
from purchasing a Koehring paving
plant or rock crusher on the grounds
that the council had not followed the
provisions of the charter in making
the purchase. The demurrer filed in
the circuit court by City Attorney Macy
also says that the complaint does not
state sufficient facts to constitute the
cause for an action and does not au-
thorize the issuance of an injunction
Since the above suit was brought
charges that the paving trust or private
citizens of the city were behind the
move to block the municipal paving
plant have brought but Mr. Ward main
tains that he is in favor of the city
owning its own paving plant but that
the purchasing of this one was rushed
through the council too hastily and that
he feared that the city would be OBJ.
liged to pay for lot Of paving unless
the council proceeded cautiously.
A. F. Purdy today filed a suit in
the circuit court against Harry Red
fern to collect Sl40 alleged due for ser
vices rendered as builder and car
penter at Newport.
Joseph Baumgartner has filed suit
in the circuit court against j. A. Coop
er and Hazel Cooper to collect $l,972.S3,
alleged due on note for $2,260 given
in 1919. The note is secured by a
mortgage on lot four Marion Gardens.
The plaintiff asks for judgment for
the unpaid balance and costs and a
foreclosure Of the mortgage.
A suit to cancel a trade for anRuto
was filed in the circuit court today by
Henry Meister against Fred J, Miller.
The plaintiff alleges that he traded an
auto worth $1,000 to Miller for $500 in
cash and note on T. N. Kennedy for
$780, Meister states that Miller said
the note was secured by mortgage
on property worth $1,400 but this is
denied in the complaint which alleges
that the property is ineumbered by
prior claims and that the note is worth
no more than $500. The plaintiff al
leges that the auto has been damaged
by deterioration and use in the sum of
! hlEn nd aebg ho tha FVoAa ha n.
celled and that he be awarded damages
of $3.50.
Deputy Sheriff Carter, Of Kalama
WASH, arrived in Salem today to re-
turn Joseph 5. Bertrand to that city
to stand trial on charge of rape.
Hans Popp, who resides near Wa
conda, today swore out complaint
against Mary Tompkins, neighbors
charging that she pointed gun at hin
in a threatening manner. The eontro
versy arose over some stock that were
being pastured in the road.
An inventory and appraisement file,
in probate court in the matter Of tn,
estate of Name A. Chadwick shows tina
the estate consists Of real propert,
worth $4,000 and personal property q
the value of $22,5O2.6S. The appraiser
were A. N. Bush, P. H. Raymond an,
r. b. Boise,
A marriage license was issued toda,
by the county clerk to Emil Hug, a NJ,
Angel farmer and Amer WesteRdort
also Of Mt. Angel.
Il. C. Smith and Joseph L. johnson
of Fort Candy, are TO engage in hahbu
fishing off the mouth Of the Columhi
and viii make their headquarters il