Journal
Crook County
XntT4 At th pnmmmm at Prf nrtil
unna axxmdlmm matter
VOL. XV NO. 23Z3
COUNTY OFFICIAL PAPER, $1.50 YEAR
PRINEVILLE, CROOK COUNTY, OREGON, THURSDAY, MAY 18, 1911.
County Court Proceedings.
May
Continued Irom lost week
l'atltlon lor Iranchiae of I"scliut
Booming Co. Now Ii prenonled to the
court th petition ol tin Deschutes
Booming Co., which readies fullowi:
In Iha County Court ol Crook Comity,
Hints ol Oregon.
To tli Honorable Judge and Cora
miaalonera ol the raid court:
This, the petition ol the Deschutes
Dooming Co., renpoatlully nliows:
That ths above entitled Court ban,
liy lU order heretofore duly iiliirl.
declared tint portion ol the leacliut
river wlilrh ia eoutli ol Hi pol"' ol in
tersection with tin north line ol nwllon
4 townahlp 111 south, range It rat ol
tin Willamette Meridian, up to It
fork, and thence the west fork to Hi
source, to bo a public highway (or the
flouting mill trannportation ol logs.
timber and lumber, end direcled ami
authorised mob widening, deepening,
strslghuwing, removing ol obntructlona
Irom, bulMlng ol daru and bootna In,
and otherwise Improving euih atream
aa may be necesaary to remlur tin
aann lit and aultabla (or tin said pur
ponw, and ordered tint tin taid work
ol Improvement be provided lor by eon
tract or oontracta ol loaning, pnrauaut
to eei-tbna 4K87, 4H8 sml 4HiU ol lb-11
Inger and t'otton'a Annotated Codes
" sml Btetules ol Oregon; lint your pe
titioner ia a corporation organised
under tin laws ol tin Htate ol Oregon,
lor tin pur pone, among other thing
ol conducting and booming orailoun
on laid portion ol the Deschutes river,
aad dmlrus to obtain tin benrllta ol the
aaid la in order tint It may proceed
aaltly and under due authority to make
such Improvementa in aaid stream aa
will render tin Mine available lor tl.a
purpose! aforesaid.
And your petitioner lurllier repre
sents and nliown that it initkea Ihii ap
plication with tin approval ol Un own
era ol a large proportion ol the timber
In privnte ownerahip along tin aaid
portion! ol the river, and that it will I
beneficial to them and all othera di
rectly IntereateJ, and to the communl-
Term.
ty generally, to provide (or tin 0nlng
ol the river by order herein, 10 that the
running ol lga and timber may ba
made practicable, economical and aale.
Wlnreol, your petitioner praya that
tin court enter Into a contract ol
leaning with your iietltloner purulent
to tho aaid provisions ol law, providing
lor inch widening, deepening, atralglit
eniug, removing ol obstructions Irom
and building ol dauia and booina In,
and olherwine Improving aaid atream
aa may In necewary to render the aame
lit and aultable lor tin purposes alora
ald, and providing lor the ariuinition
ol Ihe neceanary riparian right by the
raid iHuchiltea Dooming Ciniiir, and
granting to It the urn ol laid atream
with the right to collect tolla lor the
railing, booming and floating ol log',
timber and lumber thereon, at tin
rates ol toll therein to be fixed, lor tin
peilid ol thirty yeara; and that the
bond to be given by your petitioner
under audi contract ol leaning ba Hied ;
and (or auch lurllier or other order, aa
may be proper In tin premiere.
KC!iim: Dihimixo Company,
Ity 8, O. Johnson, I'reiident.
Veai'n A Veaiie, Attorneyi lor l'e
tlllonur.
Htate ol Oregon
Crook County,
I, W. It. Hellers, being first duly
aworn, door and aay that I am one ol
tin managing agenta ol the Deachutea
Dooming Company, a corporation, tin
within named petitioner, and reside in
Crook County, Oregon, and make thia
verification on bebalt ol tin aaid Dtss
chiitea Dooming Company ; that I know
the contemn ol the foregoing petition
and believe the aame to be true.
Heal W. B. Kaixtaa.
Hiitwcribed and aworn to before me
thia 3rd (lav ol May, 1UU.
Claudia Wonderly, Notary Public lor
Oregon.
And alno ia proaentod to the court tin
opinion ol the dial rid attorney, Fred
W. WiliKin, relallv to the right and
authority ol the comity court to grant
an sxclunlve Iranchiae lor the leaning ol
tin Deachutea river lor logging far
poae, which opinion la in worda and
figures aa follows towit:
I'rineville, Ore. May 4. lull.
Honorable County Court ol Crook
County, Oregon.
Gentleman: In reeponee to your re
quest lor an opinion concerning the
right and authority ol the County Court
to grant an exclunlve Iranchiae lor the
leaning ol tin Deachutea rlvur lor log
ging purpoiea, I beg to atato that 1
have given thia subject aa much inveeti
gation aa tin time and meani at my
diagonal would permit, and have
reached the conclurdon that there are
grave double In my mind aa to whether
tin law providing lor the granting ol
audi a (rauchlae ia conatitutional or
not. The pteaent law hat not been tie-
lore our tiupreme court lor construction
and therefore thia matter ia not defi
nitely nettled, and conarijuently any
opinion on thia qneation la at the pree-
ent time not authoritative. However,
ai atatid above, with the uncertainty
which la in my mind regarding the
constitutionality ol the prnviaion re
lating to the leasing ol mch river lor
lodging puriionoa, I do not think the
County Court would be jualifled in
taking mch atep until our (Supreme
Court haa had an opimrtutiity to defi
nitely decide thia ttieetion.
The aecond, and which to my mind
appear! to be a conclusive objection to
any lucb leaaing, la that Irom the in
formation lurniahed me Irom varioua
eourcea, I am ol the opinion that the
Deechutei river for a large diitance ia a
navlgab'e ilream in the ejei ol the law.
1 am told, and have never heard it con
tradicted, that there are portiona ol
tint atream atmve the city ol Bend
eonn dintance, where there are atretchea
lolamooth, deep and navigable water,
extending from lorty to aixty milea In
length, and that navigation upon these
etretchet ia eaay. II auch be the cane,
and it appiara ao to lie, I do not aee
how that river could I brought within
the provision! of thia (tatute. Ol
course, it may be aaid that thia question
could be tented afterwards, and that If
the law ii void that the court could to
declare it, but In view ol the informa
tion that I now have, I do not aee how
the county court could make a leas or
franchise upon a river which upon ita
fare apeare to be a navigable atream.
The court la undoubtedly aware of
the proviaion of oar atatute which pro
vide! that any peraon can go upon lucb
a atream and remove any obstruction
which would binder the floating of loga
and would not be guilty ol any treepaaa
in ao doing, and tlm proviaion waa
undoubtedly made to cover a caae
ilmilar to tin one now before the court,
and any peraon baa tbia right.
In view ol the aituation, aa It ap
peal! to my mind, I am theretore ol the
opinion that the county court at tint
time Ii without authority to grint auch
a Iranchiae.
Very truly youra,
Fmd W. Wiutox,
Dint r let Attorney.
Thereupon the matter waa taken
under advlwinent and duly con
sidered by the court, and the repre
eentuttvee of the Deachutea Doom'
lug t'o.onaentvd upon the reconven
ing: ol the court to a reduction ol
twenty-five cenU per thouaam) leet
In the rate of toll apectfied In the
contract aa proponed, and at the re
quest ol the county court further
agreed Individually and aa the rep
rittt ututlvea of the letH-hutee Boom
ing Co. to euve Crook county barm-
leaa Irom any loea or expenee from
litigation arlnlng out of aaid con-
tract and endorsed aaid undertaking
on the proponed contract; and there
upon the aaid petition waa granted
by the court, Mr. Bayley and Mr.
Kli-e, the county eoinmlHelonera,
voting In the affirmative and It waa
ordered that auld petition lie
granted and that the contract pro
pi wed and offered by the Deachutea
booming company, alter being
amended aa aforeaald, be approved,
allowed and entered Into on bebnlf
ol the county, and the county com
mlneloners were authorized and dl
rected to execute the aaid contract
on bebalt of the county court of
Crook county, and It waa further
ordered that the county clerk be dl-
re ted to attest the aaid contract
with the eeul of tbe county court.
The aaid contract to become effective
upon tbe Deechutee Boo tiling com
puny giving an undertaking In the
lorm required by law In the aum ol
110,000.00 wltb euretlee to be ap
proved by tbe court.
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Collin
s W. Elkins.
Prineville, Oregon.
And aaid contract having been
duly executed In duplicate by It. 11.
Bayley and Jamea II Ice. commleelon-
ent, on behalf of tbe eonnty eoun
and atU-eb-d by tbe county clerk
with the seal ol the court, and by
tbe Deachutea Booming company by
lie duly antborlxed attorneys In tact,
W. B. Heller and John E. Ryan, tbe
Deachutea Booming company pre-
ny-ute for approval Ita bond with W.
B. Hellers, John E. Bynn, O. N.
Clllton and J. H. Roaenberg ol Crook
county, Oregon, and Thomas L.
Hnevlln, M. I. Hcanlon and A. It.
Rogers of Minneapolis, Minn., and
O. Jobnaon of San Francisco.
And the court finding that tbe
said euretlee are sufficient and the
bond according to law, It was order
ed that tbe aaid bond be approved
and thereupon one of the executed
duplicate copies of tbe said contract
was delivered to the representatives
of the Deecbutes Booming com
pany and tbe other executed dupli
cate copy was retained by the
county court and tbe said contract
became effective.
At this time II. C. Ellis, county
judge, states as bis reasons for not
Joining with tbe court In tbe grant
ing of the foregoing franchise to tbe
Deschutes Booming company for tbe
exclusive use ol the upper Deschutes
river for logging purposes for a term
of thirty years, with a flxed price per
thousand feet for said period, tbe
following: 1st. That alter carelully
examining the Federal and 8tate
law and tbe decisions thereunder, I
am of the opinion that, under tbe
Code of Oregon, tbe county court le
without power or authority to
grant said franchise or any similar
franc blue
2nd. That In view of the foregoing
opinion of Fred W. Wilson, district
attorney, who Is by law wade tbe
legal advisor of county officials, this
court Is not warranted In granting
said franchise.
While tully appreciating the possi
bilities and advantages that may
accrue to this county from the de
velopment ol tbe great lumber re
sources and wlille I sincerely hope
that said Iranchlse may prove ol
vast benefit to the people of Crook
county, still I cannot see my way
clear to Join with the majority ol
this court In tbe granting ol this
Iranchlse.
Petition for county road by W. G.
Forham et al. Now on thia day ia pre
sented to ths court the petition ol W,
G. Fordharn et al for a county road,
and upon due consideration it is order
ed that the county clerk forward all
pa peri relative to said road to Fred W.
Wilson, district attorney, lor hie
opinion aa to their validity.
Fetition for connty road by L. E.
Baker et al. Now on this day in pre
sented to the cout tha petition ol L. E.
Biker et al lor a county road and upon
lue consideration it ia ordered that tbe
county clerk forward all papers relative
to said road to Fred W. Wilson, district
attorney for his opinion as to their
validity.
Fetition for county road by Oscar
Cox, et al. Now on this day ia pre
sented to tbe court tbe petition ol Oscar
Cox, et al for a county road, and upon
due consideration it ia ordered that the
county clerk forward all papers relative
to said road to Fred W. Wilson, dis
trict attorney, lor his opinion as to their
validity.
Fetition lor eouny road by W. H
Ramsey et al. Now on this day is
presented to the court the petition ol
W. H. Ramsey et al for a county road,
and upon due consideration it is order
ed that the county clerk forward all
papers relative to said road to Fred W.
Wilson, district attorney, for bis opinion
aa to their validity.
Wronutul assessment of I. M. Mills,
It appearing to the clerk by the affi
davit of I. M. Mills, that he had been
wrongfully assessed for the year 1910 lor
the sum ol f 12.60, and that the sheriff,
under the provisions ol the statute, has
remitted the same from the total
amount ol his taxes, towit, 1174.57, it is
ordered that the county clerk credit
the sheriff on the 1910 tax roll with said
(12.60, the same being the amount of
said wrongful assessment.
Wrongful assessment of Grizzly Lake
Lumber Co. It appearing to the court
by the affidavit of Grizzly Lake Lum
ber Co., by G. Springer, that it had
bean wrongfully' aseessed for the year
1910 for the sum of $16, and that the
sheriff, under the provisions of the
statute, has remitted the same from the
total amount of its taxes, towit, $68.20,
it is ordered that the county clerk credit
the sheriff on the 1910 tax roll with
said $16, the same being the amount of
Slid wrongful aasessmen.
Wrongful assessment of W. W. Mill
iorn et al. It appearing to the court by
the affidavid ol W: H. Mllllorn that he
had been wrongfully assessed for the
year 1910 for the sum of $14.51 and that
the sheriff, under the provision! of the
statute, has remitted the same from the
total amount of his taxes, towit, $30.22,
it is further ordered that the county
clerk credit the sheriff on the 1910 tax
roll with said $14.51, the same being
the amomni of said wrongful assess
ment.
Report o connty clerk on scalp
bounty. Now is presented to the court
the report of the county clerk showing
payment ol bounty on 729 coyote scalps,
Special Election Measures.
Bear ia mind tbe special city
election to be held May 29th.
Tbere are three measures to be
voted on that are of great import
ance to Prineville. Tbe question of
bonding tbe city for tbe purpose of
"supplying its inhabitants with
water, lights, sewerage, parks,
buildings and works for public
nd municipal purposes, to sn
amount not to exceed ten per cent
of the taxable property of the
city," is one that should appeal to
every loyal citizen. The amend
ment to ths city charter was pur
posely made broad enough to
cover every possible need. What
is demanded right now among
other things, ia a new city hall
and better fire protection. We
should have one or two chemical
engines, as tbe wisdom of the coun
cil may decide, and a suitable
place to house them. If we get
these things and others that are
just ai pressing we must raise the
money by bond issue.
The tax issue amendment to the
city charter is one to raise the
millage from 10 to 15 mills. This
is an emergency proposition but is
right in line with ctty progression
At present this extra millage
would not be used bat suppose. oar
revenues were all needed for gener
al city purposes and It became
necessary to provide a sinking
fund to take no the water bonds.
How would yoa raise the money?
This extra millage is to be used
for such an emerzencr. If the
occasion should srrise when it
was absolutely needed then it
could be called upon.
The amendment relative to ap
pointing minor city officers, in
stead of electing tbem, comes up
for the decision of tbe voters.
Cities and municipalities are drift
ing away from the old method of
electing all city officials to one of
concentrating on s few and hold
ing tbem responsible or the ad
ministration of city affairs. If the
amendment to our city charter is
changed the power to run the city
will be vested in- the mayor and
alderman. The electors can, by
this method, place the responsi
bility for a good or bad adminis
tration right where it belongs.
Give these measures your support,
that Prineville may rank as one of
the progressive towns of the state.
422 bob cat front feet, 2 gray wolf front dered that F. B. Bayn be and is hereby
feet, and 2 cougar front feet, amount- appointed road superriaor for said district
in in ill to 11528. aaid acalrja and front nntu January 1st., 1912.
feet were then reduced to ashes in ac- , o'k Helfrich Lane. And now
a prawnieu to 1 11 a coarr an icenuzaa ac
count of tbe work heretofore done npon
cordance with the code. I
Upon the application of Constance
Seid, owner in fee of tbe land platted
under the name of "Imperial," blocks
20 to 43, both inclusive, also owner of
the land platted as "imperial, ap-
said road by C. F. Smith, accompanied by
his check for 174.55, tha name being the
unexpended fund remaining in bit handn.
It la therefore ordered that said report be
approved and the county clerk ia directed
proved March 2, 1911, and it satis-.to endorse aaid check, making the name
lactorily appearing to the court that ' payable to the order of the Crook county
said plat and tracing thereof, together . fund "d ePosit lh me with "
with tbe dedication of the streets and," tr".
imuuu K vuuutjr ruau. i-u, is pre-
reads as shown thereon, to the public
forever, have been filed with tbe count.'
clerk, that the same have been duly ap-
approved by tbe county surveyor and
the county asse'sor, and it further ap
pearing that all of the requirements ol
law have been complied with, aaid plat
and tracing thereof ia hereby approved
by the court and ordered spread of record.
Petition for county road by E. D.
Gonser et si. And now is presented to
the court tha petition of E. D. Gonser
et al lor a county road, and it appear-
to tbe court that the notice of said pro
posed road as required by law ia de
tective, it ia ordered that said matter be
continued until the next term of this
court Clerk to notify E. D. Gonser of
said defeat.
Petition fur voting Hardin precinct.
And now is presented to the court a peti
tion requesting the creation ol a new
voting precinct, and the same ia hereby
continued to the July term of thia court
for further action.
Jastice of the Peace for Ashwood pre
cinct. And it appearing to the court that
there was no jastice of the peace in Ash
wood precinct, and James Wood being a
tit and competent man for the place, it is
hereby ordered that he be and is hereby
appointed Justice of the peace for Ash
wood preciuct until the next general
election. .
Claim for poll tax advanced. And now
appears W. A. Bell, attorney for claimant,
and William Brownhil), supervisor of
Lyle Gap road district, and the court hav
ing heard both sides of said controversy
and being fully advised in the premises, it
is ordered that the clerk notify W. A. Bell
that Crook county will pay said claimant
the sum of $50 aa a compromise of his
claim vs. Crook county for $69 and costs.
Petition for repayment of taxes. It ap
pearing to the court by the affidavit of J.
C. Robinson, the certificate of the sheriff
of Crook county and by other evidences,
that the said Robinson was wrongfully
taxed upon substantially $3000 of uncol
lectable paper and that he had, by mis
take, paid taxes thereupon to tbe amount
of $87, it is therefore ordered that the
county clerk draw a warrant on the gen
eral fund in favor of J. C. Robinson for
the sum of $37, being the amount of taxes
paid by him under such wrongful assess
ment. Appointment of constable for Haystack
precinct. It appearing to the court that
there is no constable in Haystack precinct
the court hereby appoints William R.
Hunter of Culver, Oregon, to act aa con
stable for said Haystack precinct until the
next general election. i
Appointment of county veterinarian. Up
on the application of K. A. Barker, et al
and subject to the approval of the State
Board of Health, the court hereby ap
points C. A. Simons as county veterinarian
or stock inspector for Crook county tor a
period not to exceed one year. Clerk is
requested to forthwith notify Dr. Calvin
S, White, president of the State Board of
Health of thia appointment.
Supervisor J. G. Clark. It appearing to
the court that warrant No. lor $31,
heretofore issued to J. G. Clark, has been
lost or destroyed, it is therefore ordered
that the clerk draw iner warrant on the
road fund for $31 in favor of said J. G,
Clark, and that said clerk notify the
county treasurer to cancel and stop pay
ment upon original warrant No.
Appointment of supervisor for Powell
Buttes road district. It appearing to the
court that the supervisor heretofore ap
pointed for the Powell Buttes road district
has removed therefrom, it is hereby or
iented to the court the petition of H. B.
Ford, et al, tor a county road, accompa
nied by a bond of rXO with C. L. Hotaling
and H. J. Orerturf aa sureties, and it
further appearing by the opinion of tha
district attorney herein that ail papers are
legal and in accordance with tbe statute,
it is ordered that the board of road viewers
meet at the beginning of aaid proposed
road on the 5th day of June, 1911, view.
review and survey said proposed road and
report thereon at the next term of thia
court.
Petition for county road. Now ia pre
sented to the court the petition ol L. W.
Long, et al, for a county road, accompa
nied by a bond of $2SX with Roy M. Newell
and Robert Rea as sureties, and it further
appearing by the opinion of the district
attorney herein, that all papers are legal
and in accordance with the statute, it ia
ordered that the board of road viewera
meet at the beginning of said road on the
29th day of May, 1911, view, review and
survey said proposed road and report
thereon at the next term of thia court.
And now at this time court adjourned
until ten o'clock a. m. Monday, May 29th,
1911, unless sooner convened by call.
Plat for Gateway. Upon tbe application
of George Northrup, et ux, owner of the
land platted under the name of "Gateway1
and it Bat sfactorily appearing to the court
that aaid plat and tracing thereof, together
with the dedication of tha streets and
alleys as shown thereon, to the public,
have been tiled with the county clerk,
that the same have been duly approved by
tbe county surveyor and the county asses
sor, and it further appearing that all of
the requirementa of law have been com
plied with ; said plat and tracing thereof
is hereby approved by the court and or
dered spread of record.
Petition for rebate for taxes for 1910.
Now is presented to the court petition for
the rebate on taxes levied for 1910, signed
by upwards of two hundred petitioners.
Said petitioners are further represented in
open court by G. Springer, H. J. Barnatet
ter and W. Stebbins, they being the com-,
mittee appointed by the citiaens and tax
payers. After bearing the argument of
Continued on last page.
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