!
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(- ;
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k
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1 ZCY- -S-V-
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;-
: 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 )' )