The gazette-times. [volume] (Heppner, Or.) 1912-1925, 1922-06-08
FULL TEXT OF DECREE
N THE JOHN DAY CASE

action Of the Northern Pacific Rail
way Company, ct ais, vs.. John Day
Irrigation District and others, Not
having the text of the decree at that
time, We were unable TO give it in |
the words of the court and herewith |
present the same in full, together
with the record title of the cause.
In the Circuit Court Of the State
Of Oregon for Morrow County.
Northern Pacific Railway Com
pany, Dan P, Smythe, James Cary,
Jack Hynd, John Kilkenny, A. Hen
riksen and Henry Gorger, for them
selves and all others similarly sit
uated, plaintiffs vs.. John Day lrriga-
ton District, NJ. D. Clark, C. C.I
Clark, Edward Rietmann, F. A. Nc
Menamin, F. R. Brown, Lewis and
Clark, John H. Lewis, Morrow Coun-
ty, Gillian County, and Umatilla
County, defendants.
This cause having heretofore been
heard, all parties appearing, either
in person or by attorney, and the
court having made and flied its find
ings Of fact, and conclusions of law,
based thereon, and upon the record
N this suit, il is adjudged and de-
creed,
That at all times mentioned in the
pleadings in this suit, the John Day
Irrigation District was, ever since
has been and now is, duly and leg
ally organized and existing irrigation
district under chapter 357, of the
General Laws of Oregon for 1917,
and the acts amendatory thereof,
and supplemental thereto.
That the contract made and en-
tered into on the End day of June,
1920, by and between the John Day
Irrigation District, and the firm of
Lewis and Clark and John H. Lewis,
was when made, valid contract,
and said Lewis and Clark and John
H. Lewis are entitled to and must
be paid in full, fair value of all work
performed under said contract, in
cluding the reasonable and neces-
sary expenses incident to said work.
The court being unable from the
record to find the amount of CON-
pensation due to said parties, except
that twenty thousand dollars should
be paid on said contract, it is fur
ther decreed that the warrants of
said district issued to John H. Lewis,
and being warrants Nos. 81 to l24,
both inclusive, shall be paid by said
district, and that all other warrants
l1,ued to said Parties or either OF
them, should be and the same are
lcreby cancelled, and the payment
tiitreof enioinei. and new warrants
shall be Issued fy said beard o. Ii.
rectors Of said irrigation district to
sad John H. Lewis for such sun if
any above said sum of $4,000 as
may be found by the board to be
due him, or which he may recover
in an action at law against said dif,
trict.
1t is further decreed that the con-
tract between the John Day Irriga-
ton District, and Lewis and Clark
and John H. Lewis, made on ]anu-
ary 4th, 1921, was ultra wires, and
same should be and hereby is can
celled.
That of the warrants Of said dis
trict issued to F. R. Brown the fol.
lowing should be and are hereby
cancelled: No. 6 for S362.50; No. 9
for S22.70; No. 22 for Sl07.58; No
81 for Sl12.00; No. 10 for Sl22.00
No. 240 for S2l0; No. ia for S345
Nos. l82-l83 for S272.75; Nos. 1877
1888 for S99.50; and No. 2l2 fol
S193.99, and that new warrants be
issued by the board OF directors ir
lieu Of said cancelled warrants If
such sum or sums as the service:
Of said F. R. Brown may amount to
said services and expenses to be
paid in accordance with the resolu
ton of the board made on Septem
Der 2, 1919 and fixed at $50 pei
month as compensation while ir
Heppner, and SIS per day and ex
penses when away from Heppner il
his official capacity; and only sucf
compensation and expenses as earn
ed or incurred since the organization
Of said district shall be included If
said new warrants.
That the warrants Of said distric
issued to F. A. McMenamin, the fol
lowing should be and are hereb,
cancelled:
Nos. 228 to 237, both inclusive
for $500 each; and No. % for 5000
and that new warrants against saie
district be issued by the board of di
rectors to said F. A. McMenamin, il
lieu of said warrants Nos. 228 Il
L. a