I-ukchu Or
Crook County Journal
COUNTY OFFICIAL PAPER, $1.50 YEAR PR1NEVILLE, CROOK COUNTY, OREGON, THURSDAY, SEPT. 12, 1912.
Entrf4 ml th pUtn mt PrlnJHt
Ortou, h rauiid-friMMi mailer
VOL.XVI-NO.42
V ...
County Court
September Term
Court mi't. io regular M-mtmn Sept' j
A. I'.'l.. lWnt II. C, KIIw.Ju.Ik. !
presiding ; ami lommiiwionei K. 11. i
ItailYy unit James Iti.-u ; T. N. I'ml-!
four. shoritr, Warren Itrown, cmnr !
ly clerk. j
t). C Cartlwt-ll et ul county row I :J
Now in presented the H'titi.m of (). j
C. Ciinlwoll et ul for county road, ;
and an all the legal requirements'
have Ihh-u com pi it-.i with, it in order
h mat Hie Ooar.l or roiiu viewers
nuft at the beginning of said pro
posed road on the Kth day of Octo
lxr, 1UI 2. view, review and survey
said proposed road and report there
cm at the next term of this court.
S. I). Mustard et al county road :
Ai all the legal requirement have
IWn complied with Ilia ordered that
the board of road viewer meet at the
leginning of aid promised road on
the 14th day of October, 1912, view,
review and aurvey said proposed
road and report thereon at the next
term of this court.
E. A. Knott et al county road :
County clerk is ordered to forward
all papers relative to said road to j
the district attorney for his opinion
s to their validity.
Tapers for the following county
roads were ordered sent to the dir
trict attorney for his opinion as to
their validity:
Frank F. Fesch et al
Ella D. Petterson ct al.
J. II. Davis et al.
Henry Pivins et al.
leo. Monner et al.
Albert Moore et al
C. I). Preston et al.
C. W. Hunter et al.
Hugh Lister et ul.
M. A. Gulick et al, county road :
It apearing from the opinion of
the district attorney that all paera
are regular and in Accordance with
the statute, it is ordered that the
board of viewers meet at the ben-inning
of said proposed road on the
16th day of October, 1912, view,
review and survey said proposed
road and report thereon at tho next
term of this court.
R. M. Klder et al county road :
Board of road viewers ordered to
meet at beginning of said proposed
road on the 7th day of October,
1912, view, review and survey said
proposed road and report theroon at
the next term of this court.
Geo. F., Beckman et al road.
Viewers ordered to meet at begin
ning of said proposed road on the
12th day of October, 1912, view,
review and survey said proposed
road and report thereon at the next
term of court.
Viewers report on the R. G. Stur
geon et al road approved, and said
road is declared a public highway.
Viewers' repo; on the A. 0.
Walker et al road is approved and
the same is declared a public high
way. ,
Petition for county road by R. J.
Early ct al is continued because of
defect in bond by failure of sure
ties thereon to justify.
Petition of Merle L. Archer et al
for county road was continued be
cause of defect in same. , '
The notice in the E. L, Bates et al
road was defective, and the matter
was continued. ..
Petition for county road, by Ma
rie L. Brooks et al is defective. Pe
titioners failed to recite the begin
ning or ending of the road. The
matter was continued.
Petition of J. G. Edwards et al
for county road was continued in or
der .to inquire into a claim for dam
ages. J. L. Windom et al county road :
County clerk ordered to forward all
papers to the district attorney for
his opinion regarding the matter.
The request of Jesse Hobson to
hr. HrNki, overt. Ion, Mm. Wk-b If ff
Wra H H ?, Btito hire, pu(r , i t
IH ihtin , bom te w gs qij
j-red A Kt, tirrijrin(c ! ... 247 3i)
Bend M'HinKA Wreboue Cu. vTEpra 27 M
Mcbiliu )nif Co, mle .
JH Jukion, Justice (t .......
John Hb town, eonft4e few m
j K H Hinlih, n prniTing JU tl
' J C Thorp, Jim t ice feet . ,
j A C, L'kw, eonsuble (er ......
J B N boU, wltnifM,
11 Orlmen.vtewer ,
a Yf WeiU, rietttr ,
feler M''Hud, cbtiiimmn ,
J H Hiewurt, marker
leter Krlckton. ft(f rnn
C Ouunkm, xiiin
J R HMvey, flagmtn ,
Altin Feifraoa, txmin
Jl MCoin, cliklnutsa
CJ 8 Qnd'iuUt " .. m..
L Ariwy. murker . , w
Nwa ni ho lMrtn' tho H(piiUial murder ciwo vu hctruo before Justice Goff iu the criminal branch of th tupreme court
nCW OnApSllOlJ j j.yuni wrvt wtvU-o totoctlvo and former pollc eonimUloiHT of New York, was enKajfwJ to obtain evidence In t
Of the Week
William
tbe shier-
uisulc grntt ln.ulry. John Wanatnaker, former postniaatcr Keneral, was taken seriously ill following an operation. Tbe power
boat Aukle Ixvp niade the beat time In the elimination trials for tbe International races. Tbe iu1len Illness of the emperor
of Cii-ruiany rauwNl general alarm for hla llf, and ba was forced to poatpone aeveral lmportaut sUita visits. Kelr Uardle, tbe English authority oa labor
qiimtl.ttia, rnme In till conntrr I" noonk
vacate certain streets and property
in the plat of the siu'.h addition to
Madras is dismissed, as the same in
nowise complies with tho require
ment of law relative to vacations.
The lease to the county store
house in bend was ordered filed.
The bounty on 112 coyote scalps
and on 6 bobcat front feet, amount
ing to f 180, was reported by the
county clerk. They were reduced j era when viewing out the road in or
tioninff for Fame are very desirous
of havinjr them established, but the
law requires me to state whether or
not proceedings are legal, and when
they are so fatally defective, as in
most instances, if not all, which
come to me from Crook county,
there is but one course left open."
Parties claiming damages shouldl
always make their claim to the view
to ashes in accordance with the code.
The following persons were wrong
fully assessed for the year 191 1 and
the county clerk was ordered to
credit the sheriff for the same : Jno,
E. Lamb, 15.28 ; Jno, R. Baylors,
6.30 ; C. M. O'Leary, $37.60.
Obstructions in the old Amity road
must be removed and Die road open
ed for travel.
Suggestions about creating county
roads : Inasmuch as tho number of
; new roads asked for by the public is
j increasing at an alarming rate, and
, in view of the fact that the legal
: establishment of a county road is a
very technical matter, petitioners,
whenever possible, are requested to
der that a full understanding may
be had and a correct report made
by said viewers. The parties peti
tioning for the road should accom
pany the viewers whenever possible
in order to expidite the work and
and to offer assistance. The court
is frequently blamed for the delay
or failure to allow petitions when
the fault is entirely with the people
presenting them.
Viewers' report on the G. G.
Groves road et al approved and the
same is declared a public highway.
Viewers' report on the W. F. Ma-
disposition of funds that Crook I structed and erected strictly accord-
county allow and reimburse said
forestry department its respective
part of the cost of said road, pro
vided, however, that when said road
is fully completed Crook county's
share shall not exceed the maximum
sum of 1600.
All fences and obstructions of the
C. M. Charlton et al road must be
removed. The clerk is directed to
notify the road supervisor in each
district through which road passes
to see that they are removed forth
with. Watermaster's assistants: Where
as the county court of Crook coun
ty by virtue of Sec. 6619, L. 0. L.
has made order that George Brew
ster receive $100 per month, or at
the rate of $5 per day with a maxi-
ing to contract, plans and specifica
tions heretofore approved. Said
bridge is accepted by the court on
behalf of Crook county.
Lookout Mountain Telephone Co.
was granted a franchise to con
struct, operate and maintain a tele
phone line over the county road as
follows : Commencing at the east
city limits of Prineville on east
Fourth street, thence east to the
line of Oliver Powell's land, thence
north to county road on Ochoco
creek, thence along said county road
to forest range station in section 34,
tp. 13 south, range 19 east ; also
commencing where above described
line intersects with Johnson creek
road, thence northerly along said
road to section 24, tp. 14 south,
mum of 1 100 per month for full range 16 east; also commence where
time in performing his duties as
water master for Crook Co. water dis
trict, and whereas, in the opinion
first above described line intersects
with the Mill creek road, thence
northly along said mill creek road to
of this court said water master is ' sectioe 20, tp. 13 south, range 18
secure the services of an attorney
or some one having experience in
such matters. It is a very common
practice to make an affidavit of post
ing notices and swear to the same
the day that such notices are posted
and in nearly every case the signer,
as well as the officer administering
the oath, swear that said notices re
mained so posted for a period of 30
days continuously immediately prior
to the date set for the hearing on
the within petition. Such an affi
davit could not be made.
Carelessness as to dates is a fre
quent cause for disallowance of
road petitions. For instance in
numerous road petitions presented
to the court the notarial certificate
shows that the affidavit of posting
was sworn to weeks and even
months prior to the actual posting
of the notices as shown in the body
of the allitluvit.
Along this line the court begs to
quote from a letter of District At
torney Fred W. Wilson as follows :
"As I have before stated to the
court, the proceedings to establish a
county road are very technical, be
cause of the strict decisions which
have been rendered by the supreme
court of Oregon, and it is something
which has to be followed with ex
treme care. It would be wise if all
parties who desire to establish a
county highway would employ some
competent attorney to prepare the
necessury papers and watch all pro
ceedings with reference thereto, and
see that the statute is complied with.
In that way the papers would come
to the court and the district attor
ney in proper shape, and a great
deal of time and delay would be
saved. I dislike very much to be
compelled to render adverse opinions
as to the legality of proceedings for
the establishment of county roads
when I know that the people peti-
son et al road approved and the able to attend to all the duties of
same is declared a public highway, that office at this time as prescribed
Viewers' report on the Peter Er- by statute, and that said Brewster
icKson et ai roaa approved ana the has, at divers times, employed as-
same is declared a public highway.
Viewers' repqrt on the R. A.
Harvey et al road approed and the
fame is declared a public highway.
Viewers' report on the Elmer W.
Pershall et al road is approved and
in accordance with said report is
disallowed.
The report of County Surveyor
Rice relative to the survey of the
Black Butte road from the Sisters
and Fly creek road westward to the
Sisters and Metolius river road, was
approved and notes and maps order
ed recorded.
Construction of Blue Mountain
road : Now is presented to the court
a communication from the forestry
department, and Homer Ross,, for
est supervisor for the Ochoco Na
tional Forest, appearing before this
court in person, and it appearing
to the court that there will be ap
proximately f 1,200 available by said
forestry department for the con
struction of a new and more feasible
road over the mountain between
Wheeler and Crook counties, and it
further appearing that it is advis
able for the county surveyors of
Crook and Wheeler counties to co
operate with the forestry department
in selecting the most feasible route
and it further appearing that said
proposed road willcostapproximately
$2,500, and that said forestry de
partment is willing to undertake
and cpmplete the construction of
said road, provided that Crook and
Wheeler counties will assist upon
said road to the extent approximate
ly of $600 each, and as Wheeler
county has evidenced its willingness
to contribute its share, it is there
fore considered advisable by this
court that under the above condi
tions and upon the filing of vouch
ers with this court by said forestry
department, and showing fully the
fist ants to aid him in the discharge
of his duties, and that neither said
east.
Steidl & Tweet were granted
franchises for an electric light and
power system, for a water system
and for an electric street railway
system in Bend Park and First
water master nor the division super- and Second additions to Bend
intendent has indicated that said as- Park, with the usual restrictions
sis tan ts were appointed "in cases of . and reservations reserved to the
emergency," it is ordered by the ! county.
court that the payments of the bills j J.H.Haner petitioned the court to
of C. S. Sorenson for $76 for July assign the A. P. Donohue timber
i
for j cruising contract to him, said Don
the . ohue assigning to J. H. Haner all
and of Ray Brewster for $40
August, be continued until
emergency necessitating the em- his interests in said contract. Upon
ployment of such assistants be
shown.
The Pioneer Telegraph and Tele
phone Co. was notified to repair and
put in safe condition and thereafter
to maintain all its poles, wires and
other property along or upon the
county road or public highways be
tween Prineville and La Pine, and
consideration it was ordered by a
majority of the court that the as
signment of said award and accept
ed bid bid of A. P. Donohue to J.
H. Haner be ratined and thaj fur
ther action thereon be continued.
At this time H. C. Ellis, county
judge, states that he is opposed to
to the ratification or approval of
in case of failure to forthwith make such or any assignment.
repairs, said county, acting through
its road supervisors or other prop
er officials, will take the necessary
means to remove such dangerous
materials or obstructions as will in
anywise interfere with travel.
The viewers' report on the
The followrng bills were ordered
paid :
G. A. Gustafson, salary . 120 00
J. W- Smith 100.00
E 1, t'oe. salary ami postage 2H6 33
J W 8mith, trip to Corvnhs 129 DO
C'ifton & Cornett, mdse i 85
. 130 40
. 10 96
. Ml 00
. 8 00
. 41 00
. 2 26
. 193 00
GGNKRAL fund
0 D Rice, work in sheriff's office .
Lynch & Roberts, mils lor ruad camp 614 83
J Wright Bros kalsoiutnlng, etc
Cole- pi-' Co....
man road approved and 3aid road is crook county journal, stationery"
declared a nublic hiirhwav." Haiimeyer, plastering...
IT . . 1 Vira Cyrus.paper.....
ivirs. narriei Brown was wrong- j h Deiore, fuel,
fully taxed in the sum of $109.50.
The clerk is ordered to draw war
rant on the general fund in payment
of such wrongful assessment.
Dick Vandervent was wrongfully
taxed in the sum of $59.31 on cer
tain property and by mistake had
paid the same. The clerk was or
dered to draw a warrant on general
fund in favor of Dick Vandervent,
being the amount of wrongful as
sessment. Trail Crossing bridge report : A
complete and detailed statement on
Trail Crossing bridge, veirfied by G.
E. Woodward, superintendent, was
received and ordered filed for public
inspection. Said bridge was con-
160 oo
FLAW CO
T N Rallour, board lor prisoners .
T N Ballour, livery . .
A H Kennedy, Justice fee.... .
W G Woodward, Juror fees ....
J FCadle ' " " '
K L Kltching " " ..
R B Cross " "
A T Yanocy
Harry Hudson " '
pan Cowley, witness . ,
Kd Gonsa " m
John McLennon " .
B.mer McCullom "
Clyde Grater "
J C Brogan
. 136 20
. 172 21
. 38 30
. 11 60
I CO
. 1 00
, 1 00
. 1 00
. 1 00
. 1 00
. 11 60
. 11 60
. 11 50
. 11 60
. 11 60
. 11 50
. 86 70
Clydo McKay expense Are patrol
Coast Culverto: Flume Co., culuerts ......3919 00
W K Davidson, Juror . 1 00
Tam-aLuui Lumber Co., bal. accouut. 9 00
G E Woodward, bridge inspector j.. 103 65
Van M Morse, hauling S!9 go
H P Bulknapp, county physician 135 05
Rose City Sanitarium, care Mrs Welch... 46 00
P L Kite, cbalniaan
Frank Rice
W 8 Harvey
K A Harvey
L'lrtch Burl.azman
G F iiates, cbainman
N W Morrhxtte, aiman
C A Wall, marker
L c Glover, marker
Ola a pTodbomme. mdM
J M Lawrence. Justice fees
C O Brown, ipecial constable. ,
2
...
9 oo
. 5.1
... 1 1
-. 00
2 OO
... 2
lo t
-. 104 Kt
.. 2 '
. 2-oe
I 00
1M
'
... 2 00
.. 4 00
...
2 00
40 00
40 0O
oo
2 00
2 00
2 00
2 OO
00
lot
- KI
U '.
I 60
Dolly Hodges, work la assessors offii-e... 96 oo
i p Dobcrty - " 208 0
Dears Lee " " r 00
Taylor & Taylor, water 9 09
Baldwin sheep Co, mde.
H H Clow, salary
H HClow, cash paid out..
W 1 Smith, wood
Mrs R EGrey.workin aupi office
Irene Barnes " "
Crook Co. journal, printing and pub.
A Wilson, hauling
pacific gta A Printing oo. type ribbons..
J A Wilcox, spl dep any fees
Warren Brown, cash paid out ,
J j Mewson.Jr, auto hire.
W C Holllnihead, constable fees.
W Q Ford bam, Justice fee
John Monroe, witness ' ,
H J BlrdseU, witness
W H Wins, official ep
Williams a CrandaU rubber boots.
ATB-aver drilling weU
O G -Oliver, reg voter
D A Bowman, act coroner
J J W lit, Juror
G L Dennlaon, juror
V T Ruble, Juror
Robert smith, Juror
K H Howell, juror
F M zumwalt. Juror
August Arnesoa witness..
Anthony Roach "
C L GUI
John Dennis "
J P Ouckett "
Bushong A Co, mds
Bend Hdw Co, mds
The Bend Co, mdse
B McCallery.care Jones
BeaUA Co, 5 plows
Coast Bridge Co, bridges, etc
warren Brown, cash paid out .
Pioneer Tel A Tel Co
Geo. Brewster, water master
Matt Kulesch, pass fare
Home Ho-pital, eare Co charges
K L. Jordan, extra clerk hire, etc...
1 P Adamsoo A Co, mdse
Templeton son, mds ..
E G Hodaou, services to date.
TS Baifour.cash paid out
warren Hrown. extra clerk hire
T J Minaer, mdse and labor 58 65
Hood A utou, teaming 178 00
Frank Klkins, bal due delinquent taxes 26 78
Dave Grimes, road work ilist 7 tie 50
,. oo
151 87
i 95
62 90
. 101 25
48 00
52 $6
160 W
960
99 75
. U 00
. U 09
77 23
. 4 00
9 90
, 9 09
. 1600
. 3690
4 10
, M
1 90
. too
. 20
. 6 OS
. 260 (JO
BO
.
. 1 90
. I OO
1 00
. 1 09
. I 00
. 100
1 w
1 90
1 00
1 00
1 00
127 SO
1104 61
90 M
1500
170 00
1S,003 29
55 35
54 : S
190 0)
2 00
257 50
52 50
21 ai
22 50
24 80
4 UO
200 00
Win Karrell
P T Mouroe
M J Leunona
J W Will
Hy Koch
H V Jenkins
M F Hawthorne
LH Hoot
D N
W K claypool
R M Kliier
h' w Kmith
Khret Bros, road work at Redmond.
K A Ford, institute tund
R xi Bauey.com r lees.
10
....
16..
(
2 287 2
28..
23..
" 5
12
37 00
. 206 90
. 82 50
. 135 19
. 80 22
. 803 OU
. 262 W)
James Rice, c i'r fees
B L Jordan, for road work
a LJordan,
40 uu
.. 40 00
..5000 (10
50UOuO
Land Law in Great Favor. .
"It is my opinion that under
the operation of the Borah three
year homestead law tbe . number
of final proofs that will be offered
in the next 12 months will in
crease fully 50,000," said Fred
Dennett. Commissioner of the
General Land Office, who passed
yesterday in Portland, preceeding
last night to California.
'Tijereara now pending before
the General Land office about 300,
000 homestead entries. Iu these
cases tbe entrymen can avail
themselves of tbe Borah law in
makitig final proof. Notices of
intention to make final proof are
comingin rapidly from all sections
of the country.
"The law is immensely popular
with the settlers, and it means a
great deal to those states in which
public land is located. By re
ducing from five to three years
the length of residence required
before final proof can ba made,
thousands of entrymen will be in
a position immediately to proceed
with completing final proof. Toe
benefit to tbe different states
comes in the consideration that
these lands will all the sooner be
developed and add to th,e county's
resources."