0 ot 0 UBR Crook Coeoty Journal 'J COUNTY OFFICIAL PAPER OF CROOK COUNTY CITY OFFICIAL PAPER FOR CITY OF PRINEVILLE VOL. XXIII. PRI NEVILLE, CROOK OOUNTT, OREGON, FEBRUARY 6, 1019 NO. 18. Twohy Bros, Go. .Brings Suit Against 0. L 1 Demand Is Made For Damages Clark, Kendall & Co. PUGET SOUND CO. TO BUILD THE DAM WORK ABANDONED IIY TWOIIV 1IUOM. RKNCMKD WEDNESDAY LEWIS TO HAVE FULL CHARGE iiikIIitim1 llrnt Man On Count For ThU CIumi Of Work DMrlrt IViKwdinK Under llornl At three o'clock yesterday, the huge pump were started and lulc Ing operation were resumed on the Ochoco Prnjoct dum. after having been ihitt down alnce Saturday, when the work wn abandoned by Twohy Urn. Co. The work hna been contracted to the PtiKet Round Bridge and Dredg ing Company of Seattle, under the nraonal lupervlalon of Wllllum H. ewl of that concern, who, with hi ataff Of expert, la pnrhnp better equipped and qualified for thl clna of work than any other man In the went. Mr. Lewi wa In the city yeaterday with hla attorney, Mr, Turner, ot Seattle, and the contract for hi com pleting the work without delay wa entered uf rrtl EmtlaasWKWUh The board"! HlwlnrTW the TVHtrlct at special meeting called for tha conalderatlon of the matter. At the time the contract wa given to the Twohy concern, a bond of $400,000 waa executed with the Am erican Surety Company of New York and the board ot director fur the dis trict propose to complete the work i and recoup any loo that may occur! from the bond because ot the failure of Twohy Dro. to carry out tholr contract. The work ha reached a tage where a large amount of storage wat er will be the result of the new ar rangement. w. a. . -MRS. ROSENRKRO HOSTESS Mr. J. II. Rosenberg entertained the Shumia Club at her home Satur day afternoon. The regular business meeting wa held after which Mrs: K. E. Evans gave some selections from Van Dyke. Mrs. Collins W. El klna folowed with "Some Feminine Achievement." Mr. Homer Ross wa the honor guost. w. s. s. K. OK P. VICTORY DANCE Luna lodge, K. of P., will give Its annual ball on February 14, In the na ture of a Victory Dance. It Is expect ed that there will be a large atten dance, and everyone who attends will have a good time. The annual event was loft out last year on account of the war, but this year It It Intended to make up for the missed year. Ev ery one come out and enjoy one big night. The whole membership ofj iuna win oe on tne noor committee to see that every one gets acquainted and gets a chance to dance. The committee on arrangements tins secured a tour-piece orchestra from Ilend and good music Is assured. w. s. s. DEATH OF A. W. YANCEY Al. Weston Yancey, son of Jesse P. and Susannah Yancey, was born In Mason Valley, Nevada, April 2, 1880. In the fall of tbe same year the fam ily came to Oregon, where he grew to manhood. His life was spent In this state, tor the most part In the city of Prinevllle, until about two years ago, when he went to Nevada, and thence to Westwood, California, where he met with the accident that caused his death, Saturday, January 26th. At that time he was operating , a large crane in a saw mill, an ex ceedingly dangerous place to till. Death was Instantaneous. Ho was the youngest ot a family of eleven children, of whom five sisters and three brothers survive him, together with his aged mother and his daugh ter, Eleanor. To these and the oth ers of a large circle of friends who loved, bis courageous spirit and his generous, forgiving ways, the symp athy of the community is extended. The body was brought here for burial. Services were conducted at his mother's home Friday afternoon. w. s. s. -FRED THEVENIN IN CITY Fred Thovoniu, who has been In active service since March is in the city visiting relatives. He has Just recently returned from overseas. FORMER rm NEVILLE BOY RETURNS FROM FRANCE Bend, Jan. '30. Hearing the ecar of 10 wound received In battle, Frederick Rice, United Btatei marine corps, youthful veteran of the Ar gonne, son of Kred Kite of Redmond, If home on alck leave, having till only partial utte of hii litft arm. He wa a guest of honor of the Bond Commercial Club at the weekly nieet Ing of that organization Wednesday. Private Klce received all hla wound In the Argonne buttle, and after the luHt, which run do red hla left arm u Ho les, he walked five mile to the near est hoipltal. Ilend Ilulletln. Frederick Rice I well known here, having lived here several year and attended Crook County High. w. s. a.- YEARLING FF.EDF.IW AT 20.7S A load of Shorthorn yearling steers old at Denver January 25 for the record price of $20.75. This wa 60c higher than the champion load of feeder brought, and as they wolghed 866 lb., 70 lb, more than the cham pion, they sold for $18.60 more per head. They were raised and ahown by Wois Dro., Elizabeth, Colo., and were purchased by Swift A Henry, Kansas City, for A.. E. McGregor, Washington. Kansas, who will feed them out with a view to showing them at tha ne,x,t International. Wei as tiros, alio ahowed a load ot two-year-old Shorthorn that aold earlier In the aale for 919.25 per hundred, which was the previous record. w. a. . GOVERNMENT BEERS HKHR Thr'owUttie'courtesy of Congress man N. J. Slnnott this office haa re ceived a shipment ot garden seeds ! for distribution. Any subscriber who calls will be given a selection from these seeds as long as they last. alfalfThea'nT money in the bank The following notes on alfalfa are taken from very attractive booklet Issued by the First National Bank ot Bend, and written by County Agent R. A. Ward: Oood soil is the first requisite In gutting a stand of any crop. Alfalfa seed should not only be of good qual ity and strong in vitality, but it should be clean and free from foul, weed seeds. Properly matured alfal fa seed haa a clear, light golden color, with a faint greenish caste. Imma ture seeds are greener, and seed which has been bleached or heated become discolored. Brown, or black ened seeds are likely to be dead or low In vitality. To determine the actual vitality of alfalfa seed, It is advisable to test its germination be fore planting. Prime seed should test 90 per cent or better. A low percent age of germination, but quick and strong, indicates a mixture of good and poor seed, and such seed may be planted, but in greater amount per acre to Insure a stand. The tender nature ot the young al falfa plants require that the soil be in excellent tilth at planting time. The seed bed Bhould be tine on top, but thoroughly settled. For spring seeding a good seed bed may be pre pared by discing and harrowing fall plowing, or on weedy land, or land deficient In available plant food, the plowing should be done in the very early spring, and the land should be harrowed at Intervals ot a week or ten days in order to destroy weeds, pulverize and settle the soil and de velop plant food. Good stands are frequently secured In the Deschutes Valley by harrowing fall wheat in May or June and sowing Into this seed bed. Land for alfalfa must have good drainage, and this Is why fields withj considerable slope are better than low, level fieldB where the water is likely to stand. The water table should not be closer than six feet or the alfalfa will likely drown out. Al falfa will not stand much alkali, und where alkali spots are present they should be neutralized by heavy appli cations of barn-yard manure. The establishment of a stand is the important-thing. It a good stand is obtained and there Is the proper development the first year, there need be no further fear except for winter killing, and the future success ot the field Is certain. The time of seeding is not so im portant if soil and moisture condit ions are favorable and there is time enough for the plants to establish themselves before the close of the Continued on page 6 WORK STOPPED ON PROJECT LEAVING DAM AND PROPERTY OF DISTRICT IN JEOPARDY OE THE SPRING FLOODS ALSO JISKS COURT TO PROHIBIT USE OF PROPERTY BELONGING TO CONTRACTOR TO PROTECT WORKS Action Brought In Multnomah Circuit Court Friday t Evening District Forres At Work To Provide For Situation Which Waa Not Unex pected, And Will Complete Dam As Already Planned and Announced. On Friday afternoon, bout .1 o'clock, wit was brouht Jyth. Twohy Brother Company In ' tUaJ-lTcuIi , ' , l. - . 1....,. Court of Multnomah count, against the Ochoco Irrigation District, Clark, Kendall & Vompany, and the Ameri can Surety Company ot New York, for the aum of $248,701, ajid for the roleaae of two certificates of deposit '"' LJ Z m , , .1, which ar hnin hirt Mr ntrk KnJrwork be completed by May 1, of this which are being held by Clark Ken dall & Company and In which the contracting firm claims an interest. The suit was brought through their attorneys, James O. Wilson and Ma larkey, Seabrook & Dibble. The in terest of the district in the action are being cared for by Jay H. Upton of this city, John Kollock and Judge Walter McCamant of Portland. . In their complaint, which Is a doc ument of seventeen typed pages and which has a list of seven "Exhib it" all ot considerable volume, the contractors allege that they have been damaged by alteration ot plans since work started on the project, by the lack of material which they allege was represented as having been av ailable by officials and representa tives of the district. After the complaint was filed on Friday evening, the contractor contin ued to work on the project until Sat urday evening of last week, when all workmen were removed from the dam The complaint sets out that the change in volume and location of ma terial to be removed from tbe main canal were valid excuses for Its non completion by tbe time specified in the contract, which was on May 1, 1918, and further states that "Instead of deponing, widening and extending said Table Land Ditch, which at the time ot commencing work was in ex istence and extended about 12 miles westerly from the dam Bite, said dis trict required and exacted ot plaintiff the opening up and constructing of an entirely new canal, for a distance of 14H miles and widened and deepened said Table Land Ditch tor a distance ot 1.6 miles only. And the plaintiff alleges that the openiong up and con structing of a new canal is entirely different work and required different equipment and out fit and machinery for its performance than the widen ing and deepening of an old one." In conclusion this section ot the complaint asks for damages in the sum of $69,900, on account ot the main canal construction. In reference to the sluicing pits the complaint asks for damages and sets out that some of the reasons for re fusing to complete the dam are: That less than 60,000 yards of sluicable material were available from pits on the south 'side of Ochoco river and that after moving to the north side of the river at great expense, and sur mounting great difficulties, and that after less than 100,000 yards of ma terial were taken from tbe pits on the north side of the river, these too became exhausted and that the com pany refused to go to other pits, which they claim to be more than 300 feet above the ham and over half a mile distant. The contractor also claims In the complaint that machinery, equipment and power on the ground were suf ficient for operations within 1,000 yards of the dam and at an altitude of not to exceed 200 feet above the works, but states further that the contractor made no attempt to pro vide machinery power and other re quirements for bringing material a greater distance and from a greater height. With reference to cut off trenches, the complaint states that the nlan was changed from one that provided for one cut-off trench to two individ ual trenches, requiring a more expen sive excavation than the prior plan. It states further also that the change of the location for the spill way from the north to the south aide of the stream was one which cost the contractor considerable money, and which damaged him to a considerable extent. Of About and Others Tbe cancellation of the contract is asked for, and a judgment against the defendants for the amount above, al so a court order prohibiting tbe dist rict from using machinery and equip ment belonging to the contractor in completion of the work. v.. 'u"ner "quesis K ',' A Tn , , r vvv,vvv, uivm MO 111 UUDDrOfllMIl Of Clark, Kendall & Comuanv. be tlirned over to them The complaint was signed by James Twohy for bis company on January 21, but was not filed until Friday. me contract provides that the year, and because of dilatory tactics on the part of the contractor, the board of directors at a recent meeting ordered its attorney to take over the sluicing part of thl work and pro ceed through the surety company to hasten work bo that water would be available for the farmers this year. This action is being taken, and no doubt the work will be under way in a very few days, and the 8,000 acre feet of water available tor land own ers regardless of the action ot the contractor. Tbe action of the contractor was not a surprise to the district or to Clark, Kendall & Company, who Jiave been safeguarding the interests of the district throughout the construct ion of the project, and without whom the district would have been unable to bring the district to the successful stage which it has already reached. The district will, with the assist ance ot Mr.- Schneeloch ot the bond firm, proceed with plans for the early completion of the work, which will not be delayed by this action on the part ot the contractor, but on tbe con trary will no doubt be finished at an earlier date than would have other wise been possible. w. s. a. NEW OFFICERS IN CHARGE ON THE OCHOCO DISTRICT The new board of directors for the Ochoco Irrigation Project took office on Tuesday. M. R. Biggs was chosen president of the board. The drawing of lots for the three terms resulted in the sel ection of F. F. Hoelscher for the three year term, M. R. Biggs for two years and W. I. Dishman for the one year term. No change is announced in the working force of the district. w. b. b. COMMERCIAL CLUB LUNCHEON About thirty were present at the Commercial Club luncheon Friday at the Prineville Hotel. Matters of im portance were discussed and reports of committees given. V. V. Harpham, Forest Supervisor, gave some Inter esting information concerning the Prineville - Mitchell road. Other speakers were Fred Hoelscher, just recently returned from service in the army, M. O. Bennett of State High way Commission, Robert Gould of Bend, and R. H. Baldock, who is sur veying the new Crooked River High way. Paul Garrison acted as chair man in the absence of Dr. J. H. Ros enberg, who was called to The Dalles on business. . w. b. a. . FREDERICK RICE HERE Former Prineville Boy Was In Six Big Drives Has Ten Wounds Frederick Rice, a former Prineville boy, was in the city Tuesday, visiting friends. Frederick has just returned from France, where he took an active part in six big drives, Including the battle of the Argonne Forest. He has several wounds, one of which re sulted in a fracture of the arm. He will leave Friday for the hospital at Bremerton, where he will remain for a month. : w. a. s. BOUNTY PAID IN JANUARY The total bounty pa'd in Janvnry was $417.00 as follows: 42 female coyotes, $12fi.00; 87 coyotes (killed In 1918) $148.00; 19 female coyotes (killed in 1919) $96.00; 24 bobcats, $48.00. $250,000 And Name Defendants COUNCIL MEETING TCESDAY At the regular countcll meeting on Tuesday night Homer Ross waa un animously elected to fill the vacancy caused by the expiration ot W. J. Pan cake's term. J. B. Shlpp was re-elected councilman and qualified tor tbe office. Reports of tbe marshal and recorder were read and approved. E. J. Wilson read the agreement between the Standard Oil Company and th City of Prineville Railway for the construction of a spur for the oil station. It was approved and accept ed. Paul Ci Garrison was elected a member of the Railway Commission to fill the vacancy caused by the death of T. M. Baldwin. Mr. Garison was a'so unanimously elected record er. A resolution was Introduced and approved for the improvement and grading of various streets In the city. Straud Price was elected city marshal. The mayor appointed several com mittees of which the following men are chairmen: Finance, E. E. Evans; Streets and Public Improvements, J. B. Sbipp; Fire and Water, R. W. Zev ely; Health and Police, George Reams; Judiciary, Dr. I. H. Gove; License, Homer Ross. w. b. a. DESCHUTES PROJECT FAVORED MONEY PROBLEM DOUBTFUL WASHINGTON. Fh 1 Ranatnr rh-mka-laln n n J Can.,.. Hf .X" J I Representative Sinnott accompanied E. D. Anderson, secreary of the Des chutes north unit to a conference with Secretary Lane and Director Davi f the reclamation servicask ing consideration for the entire ea chutes project in plans for irrigation development. They report encour agement In attitude of Secretary Lane and are satisfied the Oregon projects will not be neglected when plans in detail are considered. The question now is one of obtaining money, which remains doubtful, In view of the legislative congestion in congress. Lasting benefit to the health and; physical and mental efficiency of the people of Oregon will be promoted by the passage of the physical-education bill now pending in the state legisal ture, says Miss Mabel Louise Cum mings, director if physical education' for women at the University of Ore gon. The bill provides for an average of at least twenty minutes each day of properly supervised physical training, exclusive of the regular recess per iods. Several of the larger towns in the State already provide this instruc tion, and there is a growing dispo sition to install it in other places ev en without this law, according to Miss Cummings. ( The wonderful change made in the physiques of the men in the American and allied armies by the systematic physical training given them has been easily noticeable, Miss Cummings as serts. "The point is," she said, "that they should not have neded so much of this as was necessary to put them in condition to stand the emergency strains through which they had to pass. If this physical training be comes universal in the schools we shall be much more fit in case of an other emergency. Emergencies that require physical fitness are by no means limited to war times, either-" Ten States have already passed laws requiring physical training in the schools, end seven of these have acted in the last two years. It is the common fallacy, Miss Cummings points out, that the country-bred boy, who gets exercise doing chores around the farm does not need the physical education in the schools. "The work of the overage country boy," she said, "does not make. for physical quickness and mental alert ness, qualities which fit one to meet the emergency, whether it be in war or peace. One-fifth of the $100,000,000 a year provided by the Hoke Smith bill now pendin? in the United States sen ate, creating a. federal department of education, will be devoted to physical education, and Oregon's share of this sum, if the measure is passed and the state appropriates a like amount, will be npyroxlmately $148,000. W. S. 8. HIGH JINKS SATURDAY The Ladies Annex will give a High Jirfcs nt thoir club, rooms Saturday night. This Is for ladies only. Mem bers and their friends are invited to be present and come in costume. s ! MEASURE FOR PHYSICAL TRAINHG RECLAMATION OF 3,000,000 ACRES REPRESENTATIVE GALLAGHER INTRODUCES A RESOLUTION STATE TO GUARANTEE BOKDS This With Other Reconstruction Leg lxlation Will Be Sufficient To Warant Special Election SALEM, Jan. 31. With the view of paving the way for the reclamation of more than 3,000,000 acres of arid and overflow lands. Representative Gallagher has introduced a resolutidn submitting to the electorate a consti tutional amendment authorizing the state to guarantee district reclama tion bonds, and it is believed that it and other reconstruction legislation in process of preparation kill warrant a special election following the ad journment ot the legislature. This latter legislation is being prepared by a reconstruction commission consist ing of Representative Sheldon, of the bouse reconstruction commission con sisting of the house reconstruction " committee and ex-Senator Fred Mul key and John H. Burgard. ' The Gallagher amendment contem plates that the State shall guarantee both the principal and interest on bonds issued, and accompanying1 it will be a bill Introduced by Mr. Gal lagher creating a commission to pas on the bonds and making it optional with the commission after an investi gation of a project to be reclaimed, whether or not the state shall puar atene the bonds. Tbe commission ia to be composed of the governor, see retary of state, state treasurer, super intendent of banks and state engi neer. All expense incurred by it in de-' termining whether or not a project is feasible and a good investment, halls be borne by the district. "With the state back of the bonds it would be possible to sell them at par. Now district irrigation bonds are selling at 90 and 91 cents on the dol lar, and every district that issues them must make a big sacrifice. Be sides bringing thousands of settlers to Oregon, and increasing its wealth, the legislation would result in both Oregon and Eastern capital investing in Oregon securities. According to in formation given me, $10,000,000 ot Oregon money was invested in East ern securities last year." Mr. Gallagher has also introduced a bill directing the state land board to make selections of approximately 300,000 acres of swamp lands, ceded to the state, but the title to which is still resting in the government, be cause the board has never filed its selection with th governmen. Further this bill gives the land board author ity to exchange state lands for gov ernment or private lands when such a course would be advantageous to it. The reconstruction commission will Introduce a bill soon creating a com mission, the purpose of which will be to study reconstruction problems and submit to the electorate bills offering solutions for them. Among the prob lems that it will be instructed to study and draft measures for are: Land settlement and reclamation of lands, the unemployed questions, mining and shipbuilding and port de velopment. According to date assembled by Mr Gallagher the irrigation projects considered feasible for reclamation and the acreage of each are: Nyssa, 20,000; Talent, 8.000; Medford, 20, 000; Grants Pass, 4,000; Eugene, 20,000; Deschutes, north unit, 100, 000; west unit, 20,000; Powell Butte, extension, 12,000; White River, 30, 000; Silver Lake, 15,000; Silver Creek, 20,000; Harney, 30,000; Burnt River, 12,000; Suttles Lake, 11,000; John Day, 200,000; Sparta, 8,000; Warner Valley, 40,000; Warm Springs, 10,000; Fort Lake unit, 20, 000. Irrigation and drainage Wild Meadow, 355,000; Tule marshes, 16, 000, and other alkali and irrigation land feasible to drain and Irrigate, 615,000. Tide overflow and wet bot tom lands alorig coast, 100,000; over flow and adjacent lands, lower Col umbia, 100,000; wet lands Willam ette and other Western Oregon val leys, 1,500,000, and miscellaneous, 180,000. J