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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