Crook County journal. (Prineville, Or.) 189?-1921, March 13, 1919, Image 1

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    Comiety
Crook
COUNTY OFFICIAL PAPER OF CROOK COUNTY
CITY OFFICIAL PAPER FOR CITY OF PRINEVILLE
Uil "J!
VOL. XXIII.
PRINEVILLE, CROOK COUKTY, OREGON. MAIM H 13, 1019.
NO. IS.
SUITS FILED AGAINST TWOHY BROTHERS
Seven Land Owners File Suits for Claims, Alleging Construction of Dam Hampered Irri
gation, Injuring Crops of Farmers. Action by Owners Under Table Land Ditch,
Combs-Sfoyton Ditch and Other Old Rights on the Ochoco. .
SHEII SEPARATE SUITS TO BE PISSED BY JUDGE WA1M AND W. WILSON, ATTORNEYS
Wilful Diversion of Water While Constructing the Dam During Season of 1918 is the
Charge Brought by Farmers Who Have Brought Action.
Seven separate actions for damages, brought by as
many larmers wno ciaim 10 nave octyi uamugeu uuimB
the season of 1918 because of diversion of water fromtheir
various irrigation systems at and near the site of the Ocho
co Troject Dam, were filed this week against Twohy Bros.
Company for a total sum aggregating about $41,000.00.
' The action for damages has been threatening for some
time, and was no doubt precipitated by the attitude of the
contracting firm in its recent attempt to delay the con
sruction of the dam. 1
Parties to the various actions mentioned above are: b.
T. Slayton, Chas. C. O'Neil, Wm. Marks, T. II. Lafollette,
H. S. Cram & Sons, Morgan & Allen and H. F. and Archie
1 Attorneys for these men, are Judge N. G. Wallace and
W. II. Wilson of The Dalles.
The suits are separate actions and are based upon the al
legations that the canals mentioned were torn up and the
water otherwise diverted from them under the rights
cranted the land owners by the state.
Among omer inings uwac lumywum .
"That In constructing wm oam
across said Ochoco Creek, th. defend
ant, through tla officers, agents, and
employees, wont upon said Table
Land Ditch and tore up and destroy
ed said conduit, and In said months
of Kobruary, March, April and May
of the yar 118 wilfully, purposely
wrongfully. carelessly, negligently.
unnoceaaa,rHy and ln violation of
nuiniirr a said rlehts and with knowl-
rupted, obHtructod, and prevented the
ruptnd, obsturden aim provenma nm
waters of said creek from flowing In
to laid ditch and through the tame
to and upon the lands ol me plain
tiff, and purposely and wilfully dt
vnrted and conveyed therefrom water
flowing therelu and caused the tame
to run and flow elsewhere than to
and upon the lands of the plaintiff,
and fallod and neglected to carefully
or otherwise protect from Injury the
works, ditch and conduit above men
tioned, by means of which the plain
tiff utllUed bli aald vested water
E
FOUND DEAD IN BED ON RAILROAD SOON
Saturday morning about 10:00 a.
i. our county authorities were called
Passenger service will be establish
ed In less than thirty days on the
to the ranch of John Montgomery, ; City of Prlnevllle railway. The exact
where he was found by bis brother, ! dale Is not announced but will be well
Charles, lying dead In a pool of blood , within that time,
on his bed. I The coach for the Prinevllle-Prine-
The deceased was In Prlnevllle on villa Junction run will arrive today
Wednesday paying all bills and let-1 or tomorrow from Portland, and will
tllng up his business as far as he be ready for the service when it
right and obtained and procured the
water for irrigating his premises, ai
above sot forth, and failed to care
fully or otherwise protect plaintiff's
Interest, right and property therein
and thereto, or plaintiff's said vested
water right and hit right to convey
said water through said Table Land
Ditch for the purposes aforesaid; and
by reason and on account of all of the
acts and things done and performed
by the defendant, Its officers, agents,
and employees, as above alleged and
act forth, the plaintiff's said lands
were deprived of water for irrigating
tha same and the crops growing ther
on, and by reason thereof aaid crops
were rendered less abundant and
were atunted and retarded In their
growth, and were damagd and Injur
ed and lessened In quantity and de
preciated in quality, and the alfalfa
growing on said premises was per
manently injured and damagod there
by, all to the loss, injury and damage
of the plaintiff.
could without exciting suspicion.
Wednesday night he spent at his
cahln alone as usual as he Is unmar
ried and has resided alone on his
ranch on Crooked river for the past
seven or eight years. Thursday he
went down to see his brother Judd
and stayed all night, returning home1
Friday. Friday evening he partial
ly undressed as though to retire but
evidently changed his mind, took his
25-311 carbine, lay down on his bed
and shot himself in the left temple,
the shot ranging upward and blowing
the top of his head completely off.
Death was Instantaneous. Not not
icing any stir around the place Sat
urday morning, his brother, Charles,
who lives across the river, went over
to the cabin and found him dead.
Charles Immediately telephoned to
the authorities. It was decided that
he had been dead about twenty hours.
There was no doubt as to the fact
of suicide, although no one suspected
it and he left no note of his inten
tions or reasons. His health has
been poor for years and It was prob
ably this fact which caused the dls
pondency leading to the taking of his
own lite. He was burled Monday at
2:00 p. m. at the local cemetery.
w. a. a. x
The case of R. M. Powell, who was
accused of burning a houstpn McKay
creek a couple of months ago, was
dismissed by the grand Jury, as insuf
ficient evidence was found to make a
true bill. .
COUNTY CHAMBER OF PROSPECTS ARE GOOD
E C0MIN
starts.
This coach is a gas-driven car, hav
ing a capacity of 25 to 27 passengers
and Is capable of making the run In
very good time. Accompanying the
motorman on its run from Portland
Is Dr. Chas. S. Edwards of the rail
way commission.
A two story depot 21x 36 feet Is
being completed "at Prlnevllle Junc
tion by J. B. Shtpp, who has the con
tract tor the building. It la a modern I
atwctjre. plastered and equipped
with all necessary plumbing and oth
er up-to-dat conveniences.
At the Prlnevllle end of the road a
freight warehouse and office is being
built, the foundations now being laid
by City Engineer Kelly and a crew of
assistants.
The round house with three tracks
for the accommodation of the equip
ment of the railroad is already com
pleted and is being occupied.
Regular freight service has been
maintained for some time on this
road, including a weekly livestock
train.
Work trains are at work constantly
ballasting and otherwise improving
the condition of the roadbed prepar
atory to the heavy spring and sum
mer traffic.
W.;S. i.
Jim Mace returned Saturday from
Summit Prairie, where be has been
looking after business interests tor
several days. There are between four
and five feet of snow at the Prairie.
A meeting was held last night at
the Hotel Prineville for the purpose
of taking the initial steps towards
the organization of a county cham
ber of commerce. L. P. Hewitt of
Portland gave an outline of the work
ings ef the State Chamber . of Com
merce and its purposes, and the bene
fits to be derived from membership in
such an organization. A membership
drive Is on throughout the entire
stite next week. Crook county's
quota is 119 members at a minimum
membership fee of 35.00. The organ
ization for our membership drive will
be perfected at the club luncheon to
morrow at the Hotel Prineville. A
large attendance is solicited as this
is a matter of great importance to
the citizens of this county.
w. a. a. .
ADDITIONAL, NAMES OP
CROOK COUNTY SOLDIERS
, Our correspondent at Barnes has
kindly called our attention to the
fact that these names were omitted
from the list of Crook county soldiers
which we published a short time ago:
Frank O'Kelley, Lincoln Kyle
Ira Cox, - 'John Holland. and
Thomas O'Kelly, deceased, who died
at Vancouver, Washington, last year.
If there are any other names which
have been omitted from the list, not
ify us and we will see that they are
added and published.
- -g .m i.
An entertainment consisting of a
vaudeville performance, followed by
dancing will be given free to their
friends by the members of the United
Artisans on March 17. A special
invitation is extended to all returned
soldiers and sailors. Program will
start promptly at 8 o'clock in their
lodge rooms over the Prineville Meat
Market. Good music will be furnish
ed and a good time is assured.
8XOW SIX FEET DEEP IN
MOUNTAINS LATE RUN-OFF
CRASS AND GRAIN GROWING
Forest Service Makes Survey Of Sit.
nation Throughout The Moun
tain Districts Surrounding
cS2
Above is Sh illustration of
some of the big sluicing work
done by the Puget Sound Bridge
& Dredging Co., who are com
pleting the Ochoco dam.
The photograph is of a part
of the Jackson Staeet Regrade
in' Seattle, where the company
moved 3,400,000 cubic yaids of
earth or about seven times the
amount of earth specified for
the Ochoco dam. The four hy
draulic giants In the illustration
are throwing water at the rate
of twesty-six million ' gallons
(about forty second feet) in
twenty-four hours, and moving
from six to ten thousand yards
of earth per day. '-
This work was done by Lewis
& Wiley, Inc., of which Mr. Wil
Ham H. Lewis was President.
This company has now been as--
sociated with the" Puget Sound
Bridge & Dredging Co., as its
sluicing depatrment, of which
Mr. Lewis is manager.
Central Oregon is .confronted with,
the fact that the mountains contain
a record snow fall, that the melting
of these snows is starting weeks later
than usual, and the' soil throughout
the country contains a good supply ol
moisture to start the crops and range
growing for the early spring In ex
cellent shape.
In tact the hills are green where
they are not white, and many men -
have already turned some cattle onto
the ranges while sheep hav been out
of the feed lots for at least a part of
each day for several weeks.
Prospects, in fact, were never bet
ter, and in the memory of the old
est inhabitant, but few if any seasons
have started with so glowing an out- v
look as the coming summer offers
for the stockmen and farmers of this
part of the state.
From Camp Creek, Beaver, Sum
mit, and in fact all parts of the coun
try come the same glowing reports ol
conditions. Commenting on the
moisture supply the local forest office
yesterday Issued the following state
ment: v '
"Reliable Information as to snow
conditions haa been obtained by the
local Forestry office from all sections
of the mountains easterly and south
easterly from Prineville. The figures
are surely encouraging. , Stockmen
and ranchers in general are walking
with a firm step and are beginning
to realize already that their Income
tax statement for next year will make
the Collector of Internal Revenue
smile along with the local banker.
The "dry" farmers have every reas
on to believe that they must not ne
glect to provide a few extra acres on .
which to place the massive stacks of
rye hay that the weather man haa
guaranteed. .
Recent first-hand reports on snow
depths for the different sections fol
low: Prineville-Mitchell road. Summit
S feet. Ranger Blake and James
Boyd, who arrived In Prineville Mon
day evening after a horseback trie
across the mountains are willing to
swear or affirm before a Notary
Public (or anybody else) that the
above figure is no exaggeration.
Summit Prairie 3 feet, Ochoce
Summit Prairie Divide 5 feet. (Ask
Lynn Nichols, Fred Merritt et al.).
Suplee 18 inches. Jesse Allison
of Howard valley (extreme head ot
Silver Creek at base of Snow moun
tain) advises by telephone that It
there is less than three feet in his
neighborhood that he will never
again attempt to tell the truth.
Albert Oakerman and Herb Angell,
who Just found Prineville a day or se
ago, after a trip via Millican from
Burns, report that in Bald and Green
Mountain district snow has fallen te
a depth of four feet.
Harney county stockmen are wor
ried for fear that they will not have
cattle and sheep enogh to consume
the grass that is sure to follow melt
ing of the snow.
The Maury Mountain cattlemen are
no less worried than those on Sliver
Creek and at Burns. They know
perfectly well that all "small" rye
In their locality is ruined and also
that unless the Prineville Railway is
extended It will be difficult to mar
ket their fat steers next fall. Gen
erally speaking, therefore, the out
look foi summer range and both dry
land and irrigated crops for next
season is exceedingly bright."
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