Crook County journal. (Prineville, Or.) 189?-1921, March 20, 1913, Image 1

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    -ii'cne Or
Crook .County Journal!
COUNTY OFFICIAL PAPER FOR CROOK COUNTY
COUNTY OFFICIAL PAPER, $1.50 YEAR PRINEVILLE, CROOK COUNTY, OREGON, THURSDAY, MARCH 20, 1913. "SX222 VOL. XVII-NO. 17
County Court
Many Road ' Petitions
Upon. Expert
Now In presented th petition of
Matilda A. MrCnlllNlvr (or a rebate
of Urn penalty collected fur the non
payment of taxe nnd It nppcurliia
thnt by an overnight of the ameMor
the land In question were not an
m1 for tliu year t'juV ami 1U11
hiiiI Mint tlm iK'tltloiicr thereby liml
no opportunity to pay anld taxe at
the prowr time, It In ordered that n
rebate of ft.tw lw iimiln to the h-H-tloner
nil prayed for.
Now I presented tlm petition of
Nancy J. Lnntll tor a rebate of
taxe am) It appearing ntlxiactorlly
to tlic court Hint tlm claimant Inn
Iwn neid twin) for tha anui
property It I ordered tlmt the clerk
draw a warrant In fnvor of the
rlulinnut for the amount of the tnx
overpaid, or the miiii of 14.50,
At till time I presented the con
tract for the erection of a steel
bridge nt Hprlngcr canyon by the
Coats Bridge Cotnpiiny to coet
ll.Ol.tiO nml at Anteloe canyou nt
a coet ot I1.VI1.70 nml uld contracts
re hereby npproveil nml ordered
plnt'inl on ft I e nnd the rounty clerk U
Instructed to nil vert lee for bids for
freluhtlnir the above Uel brldgiw
from the railroad to the brldice ltr,
the Auteloie rnuyon bridge to be
freighted from ItiHlmoud nnd the
Hprlnger bridge from ()al City,
In the matter of fuel for the court.
Iioiieeuml high school, J. A. Kur
man la awnrded the cuu tract to
furulah 100 cord of pine wood tor
the court limine nt $4.(10 .per cord nud
n to Juniper wood for the blgb
school the matter I left with the
comity Judge for further action a to
whether he will accept Juniper nt
lowest bid or pine wood at (4. f0.
Now la presented tha petition of
E 1) loncr for a license to retaill
spirituous, rluou and mult lliiuora
In Anuwood precinct nnd It appear
ing tlmt all requirement of the law
Hove been complletl with nnd the re
ceipt ot the county treuaurer for $200
la on die herein, It I therefore or
dered that the prayer of the hbIiI pe.
1 1 tinner be grunted nud that the
clerk I hereby directed to inue a re.
tall IIitiihb to the snld Conner to
ell aplrltaou, vinous nud nmlt
liquor In Aahwood precinct for a
period of alx month, lieglmilug on
the 7th day ot March, 191.1, nnd end
tug on the 7tli day of Sept, 1918.
H appearing to the court that It
la desirable at this time that the
county book be thoroughly ex
perted tor the year 1912.
It Is hereby ordered that J. H. Wll.
son lie employed to perform said
laborjfor the mini ot Two Hundred
(tLtX)) Dollars and alo that he pre
pare a Qnauclal exhibit of the re
ceipts and disbursement and that
hi compotiHiitlon therefor be fixed
nt 110 per day for himself and ns
alstant, and that a contract be en
tared Into with the Bald J. H. Wlliion
lor snld labor.
In tho mutter Tit the petition ot S.
D. MuMtard et 'nl for n county rond
coming on regularly to lie heard on
the petition and amended viewers'
report to be read first time and It
appearing that remoiiHtrauce have
lieen presented containing a greater
number of remonatrators than there
were petitioners on the petition, said
petition Is denied and the petitioners
ordered to pay the costs ot survey
und view.
Now, on tills 6tli day of Murch,
19111, Is presented to tho court the
petition ot Frnuk 8. Hoffman and
fifty-three, others for the viewing,
laying out and establishing a county
rond with road districts Nod. 13, 17
and 38 In Crook county, state of
Oregon, and the same being ac
companied with due and legal proof
of tho pouting ami publication of
the notice of said petition, and an
approved bond In the sum of Two
Hundred ($200) Dollars, conditioned
that the petitioners will pay nil
costs nnd expenses of the view nnd
survey of suid proponed rond, In
case the prayer of said petition be
not granted, nil ot which said peti
tion, proof and bond are duly filed
In the above matter, the said peti
tion Is publicly read for the first
time aud referred to the district at
torney as required by law and all
the proceedings having been found
regular, it Is ordered that the board
- March Term
Taken Up and Acted
Makes Report.
ot road viewers meet at the beglun
lug ot aald propoaed road on the
2Kb day of April, 1913.
ItaatMitctorlly npiteurlng to the
court from the petition of lv 1).
Wlintetux that It l ndvlanble to
vacate certain parts ot (enter Ad
dltlon to lteud, and ot Wlestorlu.
which Hue outside ot the corporate
limit of lleud, nnd It
Appearing to the court that cer
tain contiguous part of aald plats
lying within tha city of Bend have
been legally vacated by aald munici
pality nud that due notice of the
tiling of aald petition lor the vaca
tion herein by till court haa lieeu
given aud a petition therefore has
been filed In the olllce of the county
clerk upwards of thirty day hereto
fore, aud It further appearing that
aald lcl D. Wleatet ux are owner
In fee l in pie of all the lauds pro
posed to lie vacated and that no ob
jection to atii-h vacation have lseu
uiade by anyone;
It I therefore ordered that the va
cation of nld pint by the munici
pality of Bend lie approved by thle
court and ordered Med In the olllce
ot tha comity clerk and that the va
cation ot aald part of aald plats as
lie outside the municipality of Bern!
be approved and It is further ordered
that the county clerk make due nota
tion upon the original plats ot Ceu
ter Addition to Heud, and ot Wie
torln, of the vacation hereby or
dered. Now la presented the petition to
vacate the plat of South lleud aud
the petitioner lielng the aole owner
In fee almple ot the land embraced
within aald pint; It la ordered that
aald plat ot South Bend b and the
same la hereby declared vacated and
the clerk Is directed to note anld va
cation upon the tracings thereof on
llle lu his olllce.
Now Is presented to the court by
the owners ot the land to be platted,
the plat and tracing thereof of the
town of Mrokla, Crook county, Ore
gon, and It satisfactorily appearing
that the plat aud tracing thereof,
together with the dedication of the
streets and alleys us showu thereby,
to the public forever, baa leen Hied
with the couuty clerk and boa been
approved by the county assessor
and county surveyor of said county,
It Is hereby ordered nnd adjudged
that the same lie approved aud tiled
for record.
Now Is presented to the court by
the owners thereof In fee simple the
plat and tracing of the 2nd addition
to Bend. Crook county, Oregon, aud
It satisfactorily appearing that the
plat and tracing together with the
dedication to the public of the
streets and alleys has been placed on
Die with the clerk and have been ap
proved by tho county assessor and
the county surveyor aud are In ac
cord with the requirements of tho
statute with reference thereto, It Is
therefore ordered that the same be
and Is hereby approved and spread
on the record.
In the matter of the petition of J.
W. Peterson et al for a county road,
said report ot the board of viewers
was read in open court first time on
the 6th day of March and the second
time In open court on the 7th day of
March, aud is hereby approved aud
said road Ib declared a public high
way aud the clerk Instructed to
notify the supervisor to open said
road nnd request said petitioners to
work one day each on said roud.
II appearing that the Redmond
State bank lias been assessed on Its
capital stock and also on real prop
erty which Is represented by Its cap
ital stock, It Is hereby ordered that
the sheriff lie credited for the sum of
$255, that amount being rebated to
the Redmond State bank for the
double assessment herein appearing.
In the mutter ol the pctltlou of F.
F. Flsch et al torn county rond
coming on regularly to be heard on
this 6th day of March on the report
ot tho board of viewers, said report
was rond first time In open court,
said report was read second tlmo on
the 7th of March lu open court and
said road duly declared a public
highway and the clerk notified to
lustruct the supervisor to open said
road to the public.
In the matter ot the petition ot J.
II. Davla et al for a county roiul
coming on regularly to Is heard this
Uth day of March, aame proceedlnga
were had aa In the F. F. Flech rond
above,
lu the matter of the petition of (I.
W, Wells et al lor a county rond
coming on regularly to be beard thhi
6th day of March on the report of
the board of viewers, same proceed
ing were hail aa In the F. F. Flsch
road above. '
In the matter of the Anal settle
ment with W. J. Diiuielsou, It ap
pearing that the proposed settle,
inetit was approved by this court at
a previous session providing that
tussHld W.J DanleUoti would file
with the clerk his voucher or check
for 1S aud whereas mild voucher or
check I filed, the matter I hereby
declared settled a agreed and closed.
In the matter of the petition of M.
C. Aubrey et al lor a county road,
coming on to be heard regularly on
the report of the board of road re
viewers, anld board aska lor addi
tional time lu which to Investigate a
proposed bridge site, snld matter Is
for that reason herewith ordered
continued.
The matter of the boundary line
bet ween Deschutes aud Alfalfa road
districts lielng In dispute It Is order
ed that the county surveyor make a
survey of the aame aud adjust the
boundaries.
Now 1 presented the claim of t lie
city ol Prlnevllle verlfled by J. IS.
Slilpp, councilman, and A. It. Bow
man recorder, the city being repre.
aented by T. K J. Duffy, for a refund
of road taxes alleged to have Is-en
unlawfully collected and detained by
the county ol Crook which were
levied In the years 1901, 1902 and
190:1, and anld matter Is continued
tor further advice and Information.
Now ou this day la presented the
petition of the Farmers' National
Telephone Com piny for a franchise,
easement and rlgbt-ot way over nud
upon any and all connty roads and
public highway now established or
which may hereafter be established
lor the purpose ot constructing,
maintaining and osratlng thereon
a system or system ot poles, wires
and other convenient and necessary
equipment lor a telephone service to
lie turulshed the cltliens of Crook
connty; and
It appearing to the court that
said Farmers National Telephone
Company Is preparing to furnish a
large uumlier of citizens with a per
mnnent and well equipped telephone
avstem and tor the purpose of said
construction It la necessary that said
company have an easement, rlgtit-ot-wayand
frauchlse as herein peti
tioned for;
It Is hereby ordered that the aald
Farmers' Mutual Telephone Com
pany lie granted a franchise aud
right-of-way over and along all
roads and highways within said
county for the purpose of erecting
the system of poles and wires for
telephoning aa requested herein and
as may be necessary to fully and
adequately equip a telephone system
lor satisfactory service to citizens of
Crook county; all of such poles and
wires to lie erected so as not to Inter
fer with or hinder or obstruct other
electric or telephone systems that
may now or hereafter be lawfully
operating and maintaining on said
roads and public highways; and
that In so tar as Is practicable said
poles and wires shall occupy but one
side of the road or highway and
that 'where said poles and wires
shall cross any public highway said
wires shall be at least 20 feet above
the ground and aald company shall
hold and keep Crook couuty whole
and harmless from all damage which
may accrue to persons or property
by virtue of the construction or op
eration or maintenance ot snld sys
tem upon snld roads and highways
ot Crook county.
The matter ot the appointment ot
road supervisors having been con
tinued from the last regular session
of this court, same was taken up
and the following named persons
named as road supervisors for their
respective districts:
District No. 23, Kutcher A. D. An
derson. District 17, Prlnevllle Marlon May
field. District 38, Grandvlew Perry
South.
District 19, Fife Paul Warner.
District 85, Cline Falls W. E. Clay
pool. District 2, Ireland John Peters.
District 4, Montgomery David
Grimes, pro tem.
District 5, Sisters J. W. Wilt. .
District 6, Haystack R. V. Jenkins.
District 7, Prinevllle-David Grimes
blgtrlot8, Haycreek Roy Newell.,
District 29, Lamonta Itwy Joslyn.
District 9, Cross Key Perry Mon
roe. District 10, Willow creek-P. Chit
wood. District 11, Ash wood-Sears.
Districts, Mill creek T. F. Buch
anan. District 13. Dechute-R. M. Elder.
District 14, Howard Henry Koch.
IMstrtct 10, Hummltt-W. J. Nch
mltt. DlNtrlct IN, llel.l-Paul Held.
District 20, Beaver C. R. Henry.
District 21, Neweom creek-O. C.
tJray.
District 22, Maury W. A. Curson.
District 24, Breese Hugh Gee.
District 2S, Laldlaw L 11. Root.
District 30, Lyle Gap Wm. Ferrell.
District 34, Terrebonne Hay
Archer.
District 30. Hat Rock-Glenn Hen
drlckson. In the matter of the bond of the
county treasurer It appearing that
the treasurer has filed a Surety bond
lu lieu of the personal bond hereto
fore accepted and the auld surety
bond being considered sufficient the
personal bond Is hereby ordered can
celed, but as the court haa no per
sonal knowledge that the National
Surety Company baa any legal right
to write bonds In this atate, Mr.
Jordan, the treasurer, la requested
to furnish a certificate showing same.
In the matter ot stationery for
county official and the high school, j
It Is ordered all county official and j
the high school authorities furnish j
the treasurer an estimate of supplies j
required aud the treasurer Is re
j quested to submit bids for same in
j bulk.
It appearing that Ilomona L.
, Brown has been assessed for 40 acres
J ot land that she does not own and
that aald assessment should bere
j duced to the amount ot $7.25, It Is
j ordered that the sheriff deduct the
1 amount aforesaid from the payments
ol the claimant.
Petition ol Jacob Lluitertor re
bate of taxes for the reason that the
property upon which the assessment
was made has burned since the as
sessment was completed, la denied.
New warrant In lieu of warrant
No. 1012 la hereby ordered Issued and
said warrant No. 1012 canceled, as
same has been misplaced and lost.
Petition of W. R. Cook et al for re
bate on account of wrongful assess
ment continued tor further investi
gation. Now is presented the petition of K.
A. Nelson et al for a county road
and the proceedings having been re
ferred to the district attorney aa pro
vided by law and having been re
turned without his approval for the
reason that the affidavit of posting
notices Is lacking and has not been
made said matter is continued.
It appearing that the Bend Com
pany haa been assessed for taxes on
property owned by school district
No. 12, and that said taxes amount
to $21.10 and were wrongfully as
sessed, It Is ordered the clerk draw a
warrant for the above named sum
In favor of the said Iteud compuuy.
Now Is presented the petition of
Jesse Hobaon asking that a portion
of the plat of South Addition to the
town of Madras be vacated, but as
said petition is not accompanied by
a map, said matter is continued.
Now Is presented the petition of
certain citizens for the use ot a water
way near the steel bridge across
Crooked river near the city of Prine
vllle and It appearing that such a
waterlug place would be of great
convenience to a great many citizens
for the purpose of watering stock
during the winter months, It la here
by ordered that the road supervisor
of the district wherein said bridge Is
located extend the fences so as to
provide a watering place on the
county's right-of-way across said
Crooked river.
Warrant foimerly issued to J. G.
Brinson aa shown to have been issued
by niiBtake is hereby ordered canceled.
It appearing that there is a vacancy
in the office ol justice of the peace in
and tor Camp creek precinct and It
further appearing that Arthur E. Bates
is a competent and qualified person for
said office, it is hereby ordered that
Arthur E. Bates is hereby declared and
appointed justice of the peace for Camp
creel precinct to aoi until his successor
is elected and qualified.
In the matter of the petition of C. B.
Ely et al for a county road, all the pro
ceedings having been referred to the
district attorney as provided by law aud
having been returned without his ap
proval for the reason that the affidavit
of posting notices is incomplete and in
sufficient in law, said matter ia hereby
ordered continued.
In the matter of the petition of Ed
Artesian Well Near City
Throws Water Eleven Feet Above Surface.
Other Wells Being Drilled.
Last Friday afternoon George '
Slay ton struck an artesian well of
good pure water after four days'
drilling.
Mr. SI ay ton who lives f mr miles
northwest of Prineville struck an
artesian flow of water at a depth of
197 feet. The first flow, which was
river water, wag struck at 50 feet.
When they reached 90 feet they
put down casing to shut off the
surface flow and continued boring
until they reached a depth of 197
feet. They had no rock uur sand
to contend with but struck a for
mation of what seemed pure clay at
a depth of between 75 and 80 feet.
When they had passed through
this they struck the artesian water.
When they removed the tools
from the hole, the water immedi
ately followed and threw a stream
through a Cj inch pipe to a height
of II feet. They did not test to
see if there was sufficient pressure
to force it higher.
Mr. Playton estimated the flow at
1000 gallons per hour. He sent to
Portland for a cap and will reduce
it to a 2 inch pipe in order to get
more pressure. He sent a sample
to the Oregon Agricultural College
to be tested.
Mr. Slayton expects to build a
new home near the artesian well
and will use the water for house
hold purposes and for watering his
stock. Since this water is a few
degrees warmer than well water he
says it will be much better for his
beef cattle and because of the con
stant flow will not freeze ThU will
cost about $500.
Since this is the first artesian
well in Crook county, much inter
est is taken in it. Last Saturday
and Sunday over 500 people from
N. Swalley for a county road, the pro
ceedings had herein having been re
ferred to the district attorney a pro
vided by law and having been returned
without hit approval for the - reason
that the verification of petitioners does
not show that at least 12 of them are
freeholders residing in the district or
districts within which said proposed
road Is to be laid out and established,
said matter is haraby ordered continued.
Now is presented the petition of A.
R. Daniels and R. E. Osborn for a
county road and public gateway over
upon certain lands and it appearing
that all the owners of the land to be ef
fected have appeared and consented to
said county road and public gateway
and their appearance having been made
of record and all the proceedings here
tofore having been referred to the dis
trict attorney aa provided by law and
having been returned with bis approval,
it ia hereby ordered that the board of
road viewers meet at ths beginning of
said county road and public gateway
on the 4th day of April, 1913, view, re
view and survey said proposed road
and gateway and report thereon at the
the next regular term of this court.
In the matter ot the petition of W.
M. Ogg et al for a county road, it ap
pearing that a good sufTcient bond haa
been filed conditioned that the peti
tioners will pay all costs and expenses
of the view, review and survey of said
proposed road in case the prayer of said
petition be not granted and that due
and legal notice of the presentation of
said petition was made as provided by
law and all the proceedings therein had
having been referred to the district at
torney as provided by law and having
been returned with his approval and be
ing found regular, it Is ordered that the
board of road viewers meet at the be
ginning of said road on the 14th day of
April, 1913, view, review and survey
said road and report thereon at the
next regular term ot this court.
In the matter of the petition of R.
A. Merchant et al for a county road
same proceedings had as supra except
that board of road viewers was ordered
to meet at beginning of said road on
the 8th day of April, 1913, to view, re
Prineville and vicinity visited it.
At one time there were 12 auto
loads there.
Ed Clayton who lives about eight
miles from this well and whose land
is fully one 'hundred feet higher
struck a good well of water at a
depth of 190 feet but it is not
artesian. The water rose in the
hole within fifty feet of the surface
and he expects to put in a pumping
plant.
In this well they had a good deal
of sand and gravel to contend with.
He struck several flows on the way
down. He also found the clay for
mation but did not go through it
Some think he would have struck
artesian water had he gone througk
the clay. He worked on his well
about a month before getting re
sults. Both these wells were drilled by
the Central Oregon Well Drilling
Company conducted by Griffith and
Wagoner. This company is now
drilling on the F. F. Holcher place
which is on the MacKay and about
one and one-half miles from the
George Slayton place. The com
pany expects to bring in more drills
and run double shifts if necessary.
Several years ago an expert ge
ologist visited this section and said
that Prineville and vicinity was a
artesian basin and present develop
ments seem to bear out his state
ment. The indications are that many
thousand acres of dry farming land
in Crook county will soon be irri
gated from artesian wells. Prine
ville would then become the center
of the largest irrigated territory in
the state and land would increase
several times in value.
view and survey said road.
In the matter of the petition of S. E.
West et al for a county road, same pro
ceedings had as in Ogg road supra ex
cept that board of road viewers order
ed to meet at the beginning of said
road on the 12th day of April, 1913, to
view, review and survey said road.
In the matter of the petition of D.
G. Byram et al for a county road sama
proceedings had as in Ogg road supra
except that the board of road viewers
is ordered to meet at the beginning of
said road on the 21st day of April, 1913,
to view, review and survey said road.
t In the matter of the petition of H. J.
Harris et al for a county road, same
proceedings had as in Ogg road supra
except that board of road viewers is
ordered to meet at the beginning of
said road on the 10th day of April,
1913, to view, review and survey said
road.
In the matter of the petition of Lara
B. Larson et al for a county road, sama
proceedings had as in Ogg road supra
except that board of road viewers is
ordered to meet at the beginning ot
said road on the 1st day of April, 1913,
to view, review and survey said road.
In the matter 'of the petition of
George W. Slayton et al for a county
road, same proceedings had as in Ogg
road supra except that board of road
viewers is ordered to meet on the 18th
day of April, 1913, to view, review and
survey said road.
In the matter of the petition of J. S.
Martin et al for a county road, eama
proceedings were had as in the W. SL
Ogg road above, except that the board
of road viewers is ordered to meet at
the beginning of said road on the 31st;
day of March, 1913 to view, review and
survey said road and report thereen at
the next regular term of this court
In the matter of the H. A. Johnsoa
et al road, same proceedings had as ia
the W. M. Ogg road above except that
the board of road viewers was ordered
out to meet at the beginning of said
road on the 15th day of April ta view,
review and survey said road.
In the matter of the petition of R. P,
(Continued on page 6)