The gazette-times. [volume] (Heppner, Or.) 1912-1925, 1922-08-03

ceiling all of said Indebtedness except
about Twenty-Five Thousand Dollars
1922. 2.0o0) and in addition has cancelled
about Forty Eight Thousand Dollars
(s48,000) of the indebtedness accruing
since said levy was made; and
whereas, under the said decision
there is not now outstanding against the
District in excess of Twenty-Five or
Twenty-Three Thousand Dollars (s22,-
900 or $4,000; and
Whereas, the land owners have ap-
pealed from the Court decision and seek
to have the indebtedness further reduc-
ed; and
"Whereas, the Court believed it was
without power to cancel the said levy
of Fifty Cents per acre, Notwithstanding
the Indebtedness intended to be paid
thereby was largely cancelled; and
Whereas, there is no necessity for
the collection of said levy of Fifty Cents
per acre and it would work a great hard
ship on the land holders to pay the same
and many of them may not be able to
pay it; therefore
"Be it resolved that the said levy of
Fifty Cents per acre be cancelled by the
Board and the County Assessor be in
structed to strike it from the tax rolls
and the Sheriff and all other county off,
GERS refrain from the collection thereof.
"But it is the sense of the Board that
when the Supreme Court shall have pass
ed on the appeal of said litigation and
the amount which the Directors will owe
has been determined another levy will
be made sufficient to pay said indebted
ness and to satisfy the just claims of
all creditors of the district"
The resolution passed.
Resolution No. is as follows:
Whereas, the Indebtedness evidenced
by many outstanding district warrants
is in litigation; and
"Whereas, there is much uncertainty
as to what warrants will ultimately be
held valid and what invalid therefore
"Be it resolved that the county treas
urer be instructed not to pay any Dis
trict warrants until the legal status
thereof has been finally determined and
he is advised by the Board what war
rants should be paid from the funds of
the District"
This resolution offered by M. D. Clark
was unanimously carried.
The third resolution touches upon the
proposal to make an appeal to the su-
preme court of the State of Oregon,
from the decision of the lower court
in the suit of the Northern Pacific Rail
way company and Others against the
John Day Irrigation district, c. C. Clark
and others, and is as follows:
"Whereas, notice of pretended ap-
peal to the Supreme Court of the State
of Oregon in the case of the Northern
Pacific Railway company, ct al. VS.. C. C.
Clark, ct al, has been filed by Mr.. F "A
McMenamin and Mr.. c. H. Finn pre-
tending to act as attorneys for the Dis
trict; and
"Whereas, the Board has heretofore
discharged said attorneys as attorneys
for the District and have employed Mr.
s. E. Van Vactor as its attorney; and
Whereas, the District does not desire
to appeal from said Court decision,
| "Now therefore be it resolved, that
Mr.. S. E. Van Vactor, attorney for the
Board take such steps as may be neces.
sary to dismiss said pretended appeal
Upon motion this resolution was pass.
ed.
The district having refused to con.
slider the compromise proposition of Mr.
Lewis, 1t is presumed that he will per.
feet his appeal from the decision of the
Circuit Court of Morrow county as
handed down by Judge Phelps, and will
endeavor to force the payment of hi.
claims in this manner.
There was much interest manifested
in the proceedings at the meeting Tues
day evening, and while there was mo-
a great number of the land owners with
in the district present, these were wei
represented, and those who attended hat
authority to act for a much larger mum
ber who were unable to be present.