The Hood River Glacier, Hood River, OR., January 31, 1902, page 2
CASE OF O.D. TAYLOR SETTLED AT LAST
The harvest reaped by O.D. Taylor in the North Dallas and Grand Dalles townsite
boom, is shown in detail in a written opinion filed by Judge Cleland yesterday,
in the suit of the Interstate Improvement Company against O. D. Taylor, Sarah M.
Taylor, and the Interstate Investment Company, to recover about $200,000 on
account of lots and blocks sold in these two wild cat towns.
Taylor was once a minister, but he proved himself an
exception to the rule that a minister is not a good business man, as he made
things hum until his scheme exploded. He then went East, established offices in
Chicago, Cleveland, Saginaw and other places, appointed numerous agents, and
money flowed into his coffers freely. Taylor was arrested at the instigation of
some persons who were dissatisfied with his methods of dealing. They alleged
willful misrepresentations, but he succeeded in beating the case.
According to the opinion just rendered by Judge
Cleland, Taylor and his wife, on July 5, 1890, sold to the Interstate Investment
Company a large tract of land in Klickitat county, Washington, for $150,000, of
which $50,000 was paid in cash, with two notes for $50,000 each, payable within
10 years, were executed in favor of Taylor, for the balance of the purchase
price. The land is situated on the banks of the Columbia River, opposite The
Dalles, and is mostly barren and rocky. It was platted into lots and blocks,
and Taylor, who became a stockholder in the company, was appointed agent to sell
the lots for a 15 per cent commission. The prospectus issued was alluring. It
explained that North Dalles and Grand Dalles were to be made great factory
towns, employing thousands of people. A picture of a magnificent bridge across
the Columbia river was shown with other things of an attractive nature.
In March, 1891, so it is stated in the findings of fact
submitted to Judge Cleland, the Interstate Improvement Company was organized,
with J. F. Ellis as president and Taylor as manager. The new company, in April
following, purchased the property of the old concern for $400,000, giving notes
in payment. Taylor became manager of the Interstate Improvement Company, and
entered into a contract to sell the lots at 25 per cent commission. He took one
share of stock for himself and held 3,000 shares as trustee for the Interstate
Investment Company. Taylor was to make an accounting at stated periods of his
receipts and expenditures, but instead of doing so, he held the money, alleging
that he was entitled to do so because of the two notes aggregating $100,000
which he held against the Interstate Investment Company, on account of their
original purchased from him of the land.
Judge Cleland gives a statement of the business done by
Taylor as follows:
Sales of lots and blocks prior to March 1, 1891,
$7,300; after March 1, 1891, $109,809; sales of stock, $18,400; Cornell. Argus &
Kneeland stock, $9,999; Ward & Thomas notes, $6,000; cash, etc., $188; total
$151,696.
Credits are allowed Taylor as follows: Commissions at
15 per cent, $1095; commissions at 25 per cent, $27,861; commission on stock
sales, $2,140; notes turned over to corporation, $26,616; salary, January 1,
1893, to June 1, 1893, $2,500; expenses -- Eastern trip, $1,000; advertising
$120; other amounts allowed, $8,958; total $70, 291.
This leaves a balance of $81,404, and it is decided
that Taylor may keep this money as part payment on the notes executed to him by
the Interstate Investment Company, for $100, 000. He is also to give the
Interstate Improvement Company credit on the $400,000 notes issued by it, of
this same $81,404. Judge Cleland holds that the Interstate Improvement Company
is entitled to possession of the land.
The case has been pending for years. Judge Cleland was
appointed as referee to hear the evidence of report findings before he went on
the bench. Three thousand pages of testimony were taken, and witnesses were
brought from Eastern points. The arguments lasted for four days. After Judge
Cleland took his seat on the bench the parties stipulated that he could decide
the case as a judge. -- Oregonian.