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About Malheur enterprise. (Vale, Or.) 1909-current | View Entire Issue (May 24, 1913)
! VALE, Cote of the "New Empire of the Wert Oil, Irrijatcd Fara and Fruit Lands The Banner Lire Stock County of Tta United td:i Raildert of business; mercantile, .Jl estate, hotel, restaurant, new. Sirles, the barber, the butcher, ft. baker, for dealer, blacksmiths, ir.rU. pool halls, feed atorea; we fitnone; do well when they ad 5Si"2th Malheur Enterprise. VOL. 4. NO. 27. VALE, OREGON. SATURDAY, MAY 21. 1913. PRICE 5 cents WILLOW RIVER TANGLE IN FEDERAL COURT j Attorneys for the Willow River Irrigation Company Having Made Application for an Injunction the Case Will be Heard in Portland May 24 The Willow River attorneys hare .nrt for an injunction against the itate board of control, and the hear ing will be had before Judge Wol- I verton Saturday, May 24. V At that time it will probably be 1 tettled as'rto whether the decree of I h. stte Board of Control may be 1 overthrown by the federal court. In a decree handed down by the state board, the waters of Willow River were apportioned among the various claimants. Upqi filing the decree no one seemed to be satisfied and all appealed to the circuit court, where the ( matter now rests in the hands of Judge Dal ton Biggs. Meanwhile the property cf the Wil low River Co. is in the hands of the federal court under bankruptcy pro ceedings and was sold May 10 at Vale. The sale not yet being confirmed I by the court. However, it is claimed that the water is being retained in Reservoir No. 3 to the detriment of users on the lower river, who had been decreed acer tain amount of water. The state board lent L. D. Howland to the point with orders forWater Master Roeder to open the gate, and measure out the amount of water decreed. This, Roe der attempted to do, but was preven ted by inability to find the necessary tools. Attorneys became busy, wires were used and orders came from U. S. Marshal to do, nothing until his arrival. ' Roeder, Howland and Attorney Cochrane will proceed to Portland where they will attempt to thresh be matter out. fiEODER SAYS HE'S MOT CU1LTY Warren Roeder, water master for the state on Willow River, called at the Enterprise office, and stated that Be did not at any time threaten to fclow up Or in any -way injure the big dim on Willow River, nor has he re moved any other dam, ; as was indi cated in the Enterprise. Mr. Roeder stated "that he was employed by the water board and act ing under instructions for Mr. How land, attempted to turn water down the creek by raising the gates, fur ther than that he had no idea of proceeding." SAGE BRUSH ANNIE'S SCHEDULE ROTTEN Passengers Make Better Time by Coming to Yale in Autos Instead of by Train "Sage Brush Annie," the mined cattle, sheep, freight and passenger train, supposed to carry the United States mails, has been coming into Vale from one to two hours late the paBt week, month and year. May 20, Tuesday, the train was held at Ontario, two hours awaiting some laborers. Frequently they stop enroute and unload cinders along the road for bal last. The engine is compelled to do main line switching at Ontario, and time and again takes on passengers on time, hulls them out a mile or two and there they stand awaiting the pleasure of the switchmaster. Corut scheduled to open in Vale at 11 a. m. would be delayed till af ternoon owing to some capricious offi cial act on the main line. Is Vale always to be treated as a backwoods town? Ontario papers claim that the railroad is favoring them by holding wool in transit sub ject to sale. The railroad may not be favoring Ontario but it is giving Vale outrageous treatment. 1 As a result of holding the train for railroad help, three automobile loads of traveling men came up from Onta rio and returned by same method. Upon the arrival of the supposed car of laborers, for which the U. S. mails were held up, passengers delay ed, many of whom hired autos rather than lose their day, it was found to contain nine men. MALHEUR COUNTY PLEASES Mr. W. A. Rose of Dakota, Rev. T. D. Lewis of Berkely, California, and C. E. Flanery of Everett, visit ed the Enterprise office Thursday, in company with H. P. Osborne. These gentlemen are looking the country over with a view of, locating and express themselves as much pleased with the outlook. X fU(- ; WWfV t k 1 M 1 ZCY- -S-V- t ;- : r ASS J GOOD ROADS MAKE THE COUNTRY ATTRACTIVE YALE CITIZEN DIES . FROM CANCER In a letter from Dr. F. W. Murphy to Rev. F. L. Cook, we learn that L. Heil died at 12:30 May 18 after un dergoing an operation. Upon examinaton it was found that his internal organs were affect ed by a . malignant cancer, which it was useless to attempt to remove. Arterio-sclerosis was also . in evi dence and a serious factor under the attendant circumstancss. Mrs. Heil left Portland Tuesday with the body, for the purpose of in terring at Bellaise, Ohio. Mr. Heil had been ailing for some time and was unable to attend to his work with R. E. Weant. NEW BUNGALOWS BEING ERECTED Leslie Hope has erected a fine new 5 room house, with all modern im provements, just south of the Dunlop home. Frank Mulkey has also built a fine new 5-room house in the Hadley ad dition, Mr. Chas. Knowles being the contractor. GOOD ROADS TO SOLVE THE PRICE PROBLEM I y Jonathan Bourne Working Hard for Appropriation of Highway Fund WILL STOP CONGESTION Through the System of Good Highways as Proposed by Com mittee at Washington, Farmers can Market Their v Products When Prices are Right INTERESTING NEWS OF THE WORLD, AT HOME AND ABROAD TO THE TOP OF MT. OLYMPUS 2 SEC BRYAN SPEAKS ON PEACE Washington.-Toasting the "ship of friendship" and not the dread nought of today, Secretary of State Bryan bade the foreign peace dele Ctes good-by at a breakfast in their , honor given by John A. Stewart. , '"Ever since the earliest days men have been building ships," said Mr. Bryan. 'They are still building them, but the ship we are planning is different from the others. Its compass is the heart; its shells carrv food will; its missiles are projected by the smokeless powder of love ; its captain is the Prince of Peace. I uk you all to drink with me to thia new battle ship-the ship of friend nip. Mo target can withstand the shots that friendship sends abroad." The delegates left here Tuesday for Philadelphia. VICE COMMISSIONS AT WORK The vice probe goes merrily on at Los Angeles, and a large number of prominent citizena are already under Indletmeot. The vice commission has ascertain 4 New York to be the centre of the wld'a whit slave traffic. CAUF. ALIEN LAND BILL SICNED Covemor Johnson has signed the AKen Land Bill passed by the Cal ifornia legislature, and It Is gener. 7 thought that If the referendum invoked s mora stringer t bill be psd. l''MHit Wilson U U.kM Vis l aifcd Ue rpl vl the Ui.Hed BUUs U IK Jj,an j ro(.t .. Is NAVAL PLANS PURLOINED WASHINGTON-Special agents of the department of justice, detectives and Washington police have been call ed In by the navy department to in vestigate the disappearance during the last four months of relatively un important plans for ships and minor movements. The first losses were discovered on the night of March 4. Some minor structural plans of the dreadnought Pennsylvania, now building and oth er ship's were among them. Docu ments, not especially secret; also dis appeared. Navy officials say they are not much concerned over the importance of what already has been lost as they are of finding the leak and prevent- ing further losses. TAKE RISKS ON WAR London, May 21.-Underwriters are quoting wsr insursnce cover ng war risk between Japan and the United States. 5 pounds per 100 guinessonS months. 8 pounds per 100 guineas on 6 months. NEW CUBAN PRESIDENT n ..i M.rin Menscal has been Inaugurated president ramiblie. being the that has been elected. DYNAMITE USEDOtTcANAL 6evnteen tons of dynsn.il r used In removing the n.tursl dsn. esdudmg ih fro,n U" onth I'a'IfW aid. ' ; mm li.U I" u ,U flM I a. TACOMA, Wash. Mt. Oympus will be scaled by the mountaineers of Tacoma and Seattle on their sev enth annual outing, which will begin on Aug. 2. A three week's trip will take them throueh the Olympics In cluding also trips to the top of Mts. Seattle and Christy. That an era of good road building is at hand, is evidenced by the inter est taken by every state and territo ry in the Union. 'v The national highways committee in Washington is preparing a bill to follow the tariff legislation, and they hope to succeed in having some appro priation made for commencing work next year. Jonathan Bourne, Jr., ia pressing his measure and obtaining as far as possible a consensus of opinion from as many sources and individuala as can be enlisted in the cause. Eastern exchanges are without ex ception in favor of thia great im provement. Farmers are beginning to see where they may be able to get a better price for their produce if they may hold it until congestion is passed in the markets and on rail roads. In fact there would be no congestion if farmers could haul their crops on good roads during fall, win ter and spring. President Wilson is ssid to favor the movement and will land his assist ance in every way possible. U.S. MARSHAL AFTER THE WATER MASTER United ' States Deputy Marshal, John A. Talley, was in Vale Sunday and Monday with a summons citing Willow River Water Master Roeder to appear in Portland, Saturday, May 24, and show cause why he should not be punished for contempt, in tampering with property while un der control of the federal court. Roeder, it seems, broke the chain or lock on the waste gate apparatus of Dam No. 3, in an attempt to carry out the orders of Howland, who rep resented the State Board of Control. The effect of the whole af air is likely to be beneficial, as it-will probablly hasten the aettlemenf of vexed questions on the creek. Roeder has arranged to appear by counsel. SHERIFF KERFOOT RETURNS HOME FROM TRIP TO SALEM Sherff Dan Kerfoot arrived home from his trip to Salem with the pris oners sentenced the previous week. Sheriff Kerfoot states that western Oregon has been treated to heavy rains and cold weather, and that it looks like a shortage of roses for the carnival in June. U.S. AGAINST VENATOR v TO BE TAKEN TO BURN! j . As Many of the Witnesses Reside in Harney County the Trial Will be Continued Before Land Office Officials at the Burns Office ! COMMISSIONERS VISIT BULLY PROJECT AH Who Hate Been Fortunate Enough to Visit Project Load in Praise are The county commisse loners, at the invitation of Manager D. M. Brogan, were taken over the work Saturday, May 24, and came home much impret- sed with the magnitude of the Del ation and the rapidity with which it ia being carried forward. Mr. Kelly of Jamieson as well as J. F. Weaver and County Judge Mc- Knight were satisfied that water would be on the land in 1914. Tuesday Mr. and Mrs.' J. W. Cor son and J. Lennon, the oil expert, made a trip over the work out to the diversion dam, and were greatly pleased with what they saw. Powder and cement is being stead ily delivered to the work, and another month will see the canal completed to the divide. MALHEUR OIL LANDS MAY SOON BE OPEN FOR HOMESTEADING Malheur oil reservations may soon be thrown , open to the . public for homesteadlng. Senator Chamber lain'a bill having thia in view has been favorably acted upon by the committee on public lands v This will open 15,000 acres, but when withdrawn considerable care was taken to include as little farm ing land as possible. Should this land be opened, unless care ia taken to consult the county records, valid oil locations may be covered by he homesteader, though a bona fide oil discovery might have the effect of still holding the land aa more valu able for mineral purposes than agricultural. The case of U. S. government against Venator, has been closed I as far as the Vale office ia concerned, being continued until later before the Burna office, many of the witnesses Iving in Harney county. r Thia ia the case commented on by the Idaho Statesman some time since, as setting a precedent inim ical to the stockmen. Investigation by the Enterprise discloses the fact that the case is really an adjudication of water rights, and really belongs in the atate courts. On the BalconT claim the govern ment claims that it was taken in and for the interests of Venator. . On the Venator desert claim the government attempts to show that Ve nator ia not entitled to nor did he have enough water to obtain th claim under the proper construction of the desert land act, at the same time they do not deny that he did cul tivate the land, that he did raise crops through and by irrigation, and that hia improvements amount to sev eral thousand dollars. Examination shows, through th witnesses that the Malheur Live Stock association lay claim to 'th same water, and that should Venator establish his claim it would result ia being a water decision rather than a land decision. ' Among the lawyers the general opinion seems to be that the case is really one that should be tried in th state courts. MALHEUR COUNTY -CAN BEAT THIS f - Main is not big state but it' pro duces more potatoes to the acre than any other state. Average yield for the United States is 106.1 bushel; for Maine 210.3 bushels. - Only the Rocky Mountain states hav - com anywhere near rivaling Maine as the potato country. Idaho comes nearest with 200 bushels to the acre. New York, th third potato state, yields 120 and Michigan 105 bushels. Prob ably 75 percent of Maine potatoes are raised within Aroostook county. The value of the Maine crop in one year amounted to $10,225,000; of th entire potato crop of country, $166, 000,000. OREGON'S TWO NEW SUPREME JUDGES ARE BANQUETED liUvt 'Ml Wi, iM nitisl be of the Cuoan third president BALKANINDEMNin$400,000,000 The Balkan states demand an in demnity of $400,000,000 from Turkey, which they claim will pay the expense of the late war The apportionment of this indemn ity will take some time and result in many complications. It is rumored that Austria has evi dence that Russia urged Montenegro in the seizing of Scutari. It is rumored that Eased rama, who commanded the Turks at Scutari has been murdered. SILK STRIKERS JAILED Seventy strikers Patterson, N. J., in Price silk mills. were jailed at a riot before the yy, A. Wsil.is, Is Ivm W r". t4t4 Will M '- ,f i s ;"! IDAHO INSANE MAN KILLS FIVE An Inmate of the Idaho Insan Aivlum. ho had been there some years and shown no signs of violence, sot up In the night and billed ftv In- mstes of th oUfplrg apartment, us- log small tsbl weapon. UPTON'S CHAUINCE ACCEPTED ll.e tUIUotf tt HI TUii'S Mp iut, l.as U nH4 by bs flsw V...k Y.. I I ilwb i4 0 b'1 Uu M.e VALE TEAM PLAYS BALL Vale won, of course; the Enter prise said Vale would win. Why not, with Woodward and Rose as bat ery and oily Barrett on first? Not that the other six of the team did not play well, or would not have played well had Ontario been able to give them an opportunity, but It was swat, out on first, swat, out on first, with what became tiresome regulsrity. Of course Ontario had been badly spiked by the Welser team and conse quently were unabl to play as well aa they might, but ssy.when it came to batting It was awful the way Val bunched hef bits, and it was sad to Ontario bunch her errors st lb same time. Val stol all of th baaee-lkt-hom piste Included,- no pls wber Onlsriw (uuli bid tUia, Mull ! JfT did th umpiring, end II fruiily lHik s lung rooul UlluA Ut M i U was ful, but II. detlslMl ! Uu-4 S Vs lie. (I wi Ucuk-I IrM i Salem, Ore., May. Oregon 'a two new aupreme court judges, Charles L. McNary of Salem and William M. Ramsey of McMinnville, were ban queted and toasted laat Friday night by 50 of the prominent judges and lawyers of the stato. The affair took on considerable significance be cause of the remarks of the two new judges as to what their attitude will be when they take office June 3. Judge Ramsey decried against "Ju dicial legislation" "Good judges must only interpret the law, and not make law," he said. " Judge McNary said he had practic ed law for 15 yeara and had always had a desire to go on the bench. "I'm going to give you th best there is in me." he promised, "and if I don't make good it will be be cause I am not big enough for the job, and not because of lack of ef fort on my part." Chief Justice McBride, who gave the welcoming toast to the two new judges, told them that when their opinions went against many lawyers the lawyers would not Ilk them Referring to this Judge McNary said: "If anyone doea not like my opin Ions, be can go elsewhere for bis opinions. When 1 know I'm right I shall atlck to it, and writ my opin lona accordingly: and if th other judges writ opinions with which 1 don't agree, I arn going to dissent. "I'm going to be square, 1 know human nature pretty well, and I hav sympathy for th members th bar. Whatever th outcome I I want you to know that I tried to be fslr." Th biMuel wss given by th Mar Ion bar stsoilsllwii. Heveisl cwfcnly Iressurti si4 taoksfs fifiu lt SMielUr rounds .sv been wvirylng tvt lit (T.I vr lbs tuui.ly fyi4 utpwcllwiy l eU4 by II. ImI Utflslalui, Immwih ). MMb fcf l4.lwM.bis county is th last one who nas written to Secretary of Stat Olcott about the law. II saya the law ia going to work a great hardship on the small banks, and that It is "case of theory, and lacking In prac tical knowledge." His letter to Sec retary Olcott aays : 'This law Is not considered very practical by the bankers of this coun ty They do not have th securities to put up as specified in the law. Th money la only In th banks a short time and the banks are at con siderable expense shipping coin from Portland to meet the demands, conse quently there is nothing left for them after they pay the county on their daiiy balances st the rate of 2 per cent." He states that the author of the bill evidently thought there would b a scramble for the funds, but the lit tie banks are handicapped when they hav no assuranc of having th money for any length of time because if they loaned it andther was a sud den call for it tbey could not meet the demand. Petitiona to referend th work man'a compensation act ar being . i circulated in I'ortiano. ana mcmoere appointed on th slat Industrial In suranc commission, and other friends of the measure, ar blttsrly fighting th referendum movement. Tbey allege that th movement Is being fostered and paid for by agents of h casualty Insuranc companies. During the month of April 411 ac cidents sufficiently serious to b re ported to the stst labor oui inUsioriar occurred in Oregon, Of the 110 wsr In connection with railroad work, fcleveu of lb ! deiils wei fslsl. After flgMlnf I 4 l f tb n.uil fwf w year Ut S ln U itl busli.ots Ih lb it, lb Ultlwll I'svlfU If nuiM u'iy oh- lsli.4 (b iUli4 llvsi.se 1st! Al (be )H.e S ii"iMil vt brought by the company againat In surance Commissioner Ferguson was pending In th supreme court; this waa dismissed. Before th llcns was granted th company ousted Mark T. Kady from th offic of president. and elected a new set of officials. The eompany has over $100,000 cap ital now invested according to th re quirements of the insurance laws. Profit mapa of th John Day rlvr, from Ita mouth to th junction pf th middl fork, a diatanc of 180 miles. have been completed by th stst and th United States geological survey, and aoon will be ready for free dis tribution by th government. Ad vance sheets of the map hav been received by Stat Engineer Lwis. Th stat engineer bas also received advance sheets of topographical map covering th territory about Albany and Jefferson, showing all five-foot contour. F. G. Butchel, city sealer of weights end measures of Portland, has been appointed deputy atate seal er of weights and measures. II will work under the direction of th stat treasurer's office. His duties will o to Isst and examine all welghta , and measures. In Portland b found a Urge prvenig vi in scams in us not true, and somehow the differen ce was always in favor of th seller His salary will b $2400 a year. Governor West visited th Tumalo Irrigation project, for which th leg islature appropriated $4U,000 to com plete, last week and when he return, ed to the capital b said h thought inor of th project than aver before, lie staled bis UUsf Ibst the stst would mail a fin success In It first venUr of Ibl kind, which would b lb openliitt; for other umlrlatgs cf lis ristur. tietislsry if tilsi Mootl be cbet sed up ll l. In lb SIoim) bn ai .itn ...i "J rw" ut r,'K) SUin-LlU IUI ! I 4 isl l M,lliii44 VM )' )