The evening herald. (Klamath Falls, Or.) 1906-1942, 1919-11-07

Portland, and. after explaining all
the facts surrounding the agreement,
requested that the order for the In.
junction BE- signed, Shortly after
wards the II, N, Day suits fled IN
the state circuit court at klamath
Falls were dismissed,
As further part OF the program,
OF rehabilitating the credit OF Klam'
! ath county. Mr.. Long notified tn,
banks at klamath Falls that II they
would buy the salary warrants Of the
employes OF klamath county ut PAL
without any discount, the Woyerhau.
ser Land company would take these
warrants on their hands without any
discount and with accrued interest
and use them In paying taxes. This
plan was followed by other timber
companies so that current warrants
OF klamath county were Immediate
ly brought up to the point where
they were MS good as cash,
From time to time as the treas
urer of Klamath county had funds
with which to pay the enjoined war
rants. orders were secured releasing
them from the injunction,
Unfortunately, Mr., Kuykondall
was appointed circuit judge before
he and Mr.. Stone had had an OPP
portunity to designate the warrants
which should receive the discount in
accordance with the plans set out In
the agreement.
As time went on, this feature OF
the agreement proved extremely em-
barrassing to the plaintiffs in the
federal suit because in way they
hh al n
for those who had only consented to
the settlement of the suit on condi-
tion that IL was agreed that part Of
the warrants should be discounted
II was necessary that they keep faith
with these taxpayers. THIS phase
OF the matter went along to the sum
mer of 1917. when 1t was felt that
decision of some kind must be
reached. Finally. went to klam-
ath Falls in July, 1917, TO discuss
the matter with the county clerk and
the county treasurer and other par
ties at Klamath Falls who were in
terested in the matter. No decision
was reached at that time.
On August 10, 1917. | addressed
4 letter to the county court on the
subject and. after quoting the agree
ment. | said:
Il represent the plaintiffs in the
federal suit and no one else. Our
position in the matter has been the
same from the first and Is contained
n that part OF the paragraph quoted
IS follows: The plaintiffs are willing
hat the warrants involved in the
above suit may be paid in full with |
accrued interest We emphasize !,
his fact again in order that there |
nay be no question about our at
itude. Paragraphs 2 and above
luoted state the position OF others
Interested in the litigation which
vas pending in the circuit court OF
Klamath county at the time the
agreement was made and were in
erted by them as a condition prece-
lent to the dismissal of the suit
hen pending in the circuit court OF
klamath county.
"Our only concern with reference
o the two paragraphs is that. since
We are plaintiffs in the federal suit
which Is the only one not dismissed,
We are called upon to see that this
,hase OF the agreement Is carried
'ut before releasing warrants. The
released to date have been
with the knowledge and
consent of those interested in the
Ibove litigation. but we do not wish ,
o proceed further until the ques-
ion as to the discount on warrants
8 settled either by determining the
warrants upon which re-
luction Is to be made or releasing
Is from any further obligation in
his respect. Good faith with those
Who dismissed their local suits as
agreement requires that We must
axe this stand.
We wish, however, to make clear
he fact that We shall not take any
art in the matter of the reduction
( these warrants. because 1t was
ever our desire that the warrants
hould be paid in any way excepting
I par and accrued interest, and
therefore, we shall take no part in
ny negotiations relative to this
hase Of the case.
THE matter has drifted along for
ONE time and should be settled one
'ay or another. You as the county +,
ourt have the disbursement OF the
ounty funds and therefore are di-
ectly interested. For this reason 1t
ccurs to US that perhaps you could
axe the matter up with parties in {
crested with view OF having the
latter settled. The whole situation ;
perplexing to me because, while
OF being interested in that phase .
the case, nevertheless | am bound
y the terms of the agreement and .
ust keep faith with those who have
ltered into the agreement, yet the
after is allowed to drift along .
ithout anything being done so that
le impression has gone abroad that /
lose who are plaintiffs in the case
'e insisting on something which !
ley never desired to have done" !
Later on, ] received word that
harles j. Ferguson had been desig- !
ited as the person to figure out the .
scount on these warrants. Mr.. I
L.,