Image provided by: University of Oregon Libraries; Eugene, OR
About The Bend bulletin. (Bend, Or.) 1903-1931 | View This Issue
THE BEND BULLETIN.
"-,' 'i'V. ' -
BUND, OKKGON, J'KIDAY, NOVKMUKR 23, 1907.
PERPETUAL WATER RIGHT
$15.00 TO $40.00 PER ACRE
185,000 ncrc In the Dei Clintri Vnllcy.
Go.ooo'ncrcR now tinder 350 iiiIIch of completed cnuals.
Most fertile soil, abundant iitul never failing wntcr, Rlorl
ottH climate jio buiiNuiny iIiivh vr year cheap ltiiuhcrnnd fuel,
worlds of water awcr, fish, gauie, and beautiful mountain seen
cry, combine to nmkc nn idcul country to I.I VII In
As for MAKINU A I.IVINO, mtiii after man of our settlers
I1 producing this year from tlicw clienp hinds from 50 00 to
$10000 mi acre in clover, nlfnlfn. oat, wheat and hurley ctops.
Vegetable and fruit cruj have yielded from $100 00 An ncre up.
i.jd varieties of grain, griiiM. Ittills and vegetables raised nnd
tipcnetl on the land. Clover 8 ton k.t ncre, alfalfa 7 tons, oats
80 bushels, jKitatooH ,oo bushels, kwectcurn 1K0 bushels roasting
cars, strawberries ti.;o gallons, and other crop In similar pro
fusion. WHY, MAN; IT IS LIKE FINDING MONEY.
Have you got your tract of land yet? If not, why not?
Oct n hitstlo on and get It now, while you can get yotir pick.
Kcmcmbcr this is Carey Act laud.
YOU PAY ONLY I'OU THK COST OP IRRIGATION.
You not the laud absolutely free directly from the State
Por particulars write today for Booklet O.
Deschutes Irrigation & Power Company
Clias. P. Richardson, Manager Sales Department
Room 20.1, No. 6 Wnll St., Spokane, Wnsh.
Bend-Shaniko Livery & Stage Company
J. II. WENANOV, Prop.
New Covered Stages bclwccn Bend nnd Shanllco
Livery nnd Peed Stnblcs nt Slinnlko nnd Bend.
Wo run our rigs to plcnso Ihc public.
Stages lenvc each wny every day.
Rigs to nil parts of Central Oregon. Careful drivers furnished
1' I now have a hettcr outfit of buggies nnd horses nnd can give
more satisfactory service than ever before. All kinds of light and
heavy livery furnished on .short notice nt reasonable rates to nil
points in Central Oregon. Traveling parties will profit by seeing
me before going elsewhere. Jfor further fnfo'nmtlon about stages
consult J. II. Whnasiiv nt llend, or W. P. Kiti.i.itv, Agent,
Special Attention Given to Express and Baggage
TiTt Central Ore
gon Banking (Sh
Trnns,ncti n (Icncral Hftnk
Acts as Administrator, Hx
cctttor or Trustee of Estates
'issues Drafts and Unijk
Money Orders on all Foreign
Interest (Hi Time Deposits
Snfo Deposit Boxes.
John Stcldl, President
J. . Snv hill, Vice-President ami
HI'.ND, , ORKOON
It your name 011 our subscription list?
When You Paint
buildings, inside or out
side, if you desire the
very best rosults at the
least cxpetiac you
should use ,
E. A. SAtHER
A Full Line of Groceries, Dry
Oooda and Hardware always on
MONEY FOR STREETS
Bend Wins in Its Demand
for Rond Funds.
WILL AMOUNT TO ABOUT $200
District Attorney Mcncfco Renders
Opinion that City In Untitled to 50
Per Cent of Road Taxes.
It Is now practically n. foregone
conclusion that the city of Henri
will have turned over to it. 50 per
cent of the road taxes collected in
the city during the years 1904, 1905
and 1906, this money to Iv expend
ed In the improvement of its streets.
During hut September the city
council presented n demand for this
money to the county court, basing
their demand on the law which says
that 50 per cent of the road tax
collected in any road district shall
be expended in that district for the
improvement of roads, under the
supervision of the county road mas
ter. As the citv of Uciul had pre
viottsly been created n road district
In nnd by itself, the council held
thai the above law was applicable
in this case. Hence they made u
demand for the money.
Judge Hell had always refused to
deliver any money to the city for
the reason that he was not sure of
the meaning of the law. Conse
quently when this last demand was
presented, he referred it to District
Attorney Mcncfcc and risked the
district attorney tor his opinion
covering the poiut at law involved.
This has led to more or less corres
pondence between Attorney Men
cfee and Attorney Hcuson of Hcnd,
who was employed by the city to
attend to the matter. The district
attorney wrote Mr. Benson that if
the city could show that it had
been created n road district in nnd
by itself, he would advise the
county court to turn over the
money. Attorney Hcuson there
upon scut to Mr. Mcncfcc n certified
copy of the order of the county
court that established the munici
pality of Hcnd as n separate road
district, in response 10 wuicu At
torney Hensou received the follow
Tint Dam.HS, Oregon, Nov. 16, 1907.
C. S. Ilcntou, !(w., lleml, Orvgou.
Dear Sir Vour lencr of the nth. itist.,
enclosing certified couy of order of tin'
county court establishing the municipal
ity ol llend as a separate road district it
In otic respect you understand my ig
nition correctly with reference to the
road tax for the town, tint in another re
pect you do not. I had no idea that a
iccord would be found to the clTcct that
Hcnd Was a rood district by Itself. This,
I think, unquestionably entitled Hie ter
ritory within the municipality to 50 per
cent of the road In collected from prop
erty situated therein. However, I do
not think that the town of llend hat n
right to demand this money to Iks ex
pended by the city authorities. I think
that the jurisdiction of the county court
is still In existence with reference ta
road matters in thu town of llend, and
that It w-ns the duty of the county court
to aptwiut n road supervisor for that
road district the same as any other. If
they have done so this supervisor is en
titled to the money. If they have not,
I think n mandamus proceeding would
lie to compel the court to appoint the
supervisor of that district, in case they
refuse to do so after lielng properly pe
titioned so to do.
In other words, I think Unit the coun
ty court docs not lose control of the ex
penditure of the money within the cor
xrato limits by rcarou of it being nu In
corporated town: that the money should
oc expended mrougii 11 roan supervisor
appointed by the county court. Now, if
that road district comprises llend and
territory outside of the town, as said
hi my former letter, the court would
have to pay the money to the road dis
trict and the supervisor would have a
rlglit to use a just proportion of It on the
road ami lilghwati within the corporate
limits. There being no. territory outside
of the corporate limit comprised iti) the
district would llot change the situation
ns I view It. I have not written the
routity court since receiving your
last letter but will wait until I hear from
you nnd sec if you can iliow ma some
way where inv jKxtitioii is not oorrect. If
you cnu and I becomcri convinced to the
contrary I will then take uif it up with
nic court, yours ery truiy.
It Is seen by the above tetter that
the district nttorncy Is of the
opinion that this money should be
expended on the city's roads, but
by n road supervisor not by the
city authorities. Attorney Hensou,
011 the contrary, believes that the
intent of the law is that the money
should be expended by the city
authorities, and expressed his reas
ons therefore in the following letter
to the district attorney:
IlKl, Oregon, Nov. 30, 1097. J'rank
Menefre. I'.mi.. District Attorney. The
Dalle, Oii-gun. Dear Sir: Your favor
ut the ibtli at hand ami content noted.
In my former letter to you regarding the
clnlm of the city of lleml for 50 per cent
of road taxes, I did not lay stress utiou
the manner in which payment should be
made to the city for I considered that a
matter of dctnlf. lfoii articular ex
amination of the statutes upon that point
it seems to me that this money should
I turned over to the municipality of
Hcnd to be exjiended by the governing
body thereof upon its streets nnd with
.out control in any manner by the coun
Ity Section 17J0 of Title 37, II. & C.
Code, relating to the government of cit
ies an 1 tonus, under which title the city
of Hcnd is incorporated, xwcr is given
the city council to improve and repair
the city's streets ami to lay out Mine, in
terms giving the municipality coMrumt
and uxct.fsivit control of all thorough
fares within the municipal boundaries.
Ity Section 58. I 379, Lows of 1903, the
county courts of the various counties are
gixen full jurisdiction over all streets
and alleys in UNi.NConroKATT.o towns in
the same manner ami to the same extent
as in the case of public highways gen
erally. If the provisions of Section 63, P. 382,
taws of 1903, empowering the county
cotirts to appoint district road aupcrvis
or, were universal in their application,
it is difficult to sec why Section 5S was
enacted. I submit that the reason it
was enacted is that the legislature wihcd
to lay down the distinction letwecn in
certiorated and unincorporated cities
and towns in this particular, and in
Title 37 and particularly in Section 370.
having vested the exclusive control of
iHiblic thoroughfare within their limits
In the governing liodlei of incorporated
cities and tnwit, it declared in plain
term Ity Section 58 that thei provisions
should not apply to UNtXCORl-ORATKO
cities and tonus.
It would seem that the county court
might have lwd this construction in
mind when it created the road district
of ittml, since in terms the city and the
road district arc identical so far as boun
daries nrc concerned and hence the city
council ha jurisdiction over the entire
territory of the road district; 110 more
and 110 less. Hail not the lxnutdarics
tweu identical, confusion would result
from the interpretation I claim.
l'or these rcasous, I think the city can
faith- claim that the money claimed
should tc- turned over to lc expended
solely by its governing body, without
control on the part of the county court.
Hoping to get your opinion on the
views herein expressed, at nn early date,
I am, Kespccliuily,
C. S. nitNSOK.
If the district attorney still holds
to the opinion that the money
shquld be expended uudcr the sup
ervision of n road supervisor duly
appointed by the comity court, the
plan is for the city council to ap
point someone to a similar office
nnd then have the county court
appoint the .same person as road
supervisor for the district of Bend.
The city will thus attain the desired
end, and will have thctuouey spent
as it wishes.
Wants Increaso ot Lien.
Van D. Del.ashmutt, the Port
land capitalist who is figuring on
taking over the Columbia Southern
segregation, was very well pleased
with prospects and with the amount
of water available for reclaiming
the segregation. However, he
naturally desires to make a profit
on the transaction if he takes over
the project, and wants an increase
of lien granted. If he secures that
he will go ahead with the work.
Speaking of this teuture tne J.ata
law Chronicle said:
Mr, l)e Lashuiutt holds a 90-day
option on the segregation and after his
Investigations had been completed lie
stated to us that if the State Land Hoard
would grant him an iti'crvase of lien as
was done by the Hoard In the case of the
DcschUtes Irrigation & Power Company
be wpuld exercise his option aud assume
control o tUe project
ELECTION DAY SOON
Will Choose City Officers
on December 3.
BUT LITTLE INTEREST SHOWN
.Mayor, Recorder, Treasurer, Marshal
and Pour Aldermen on the List
to Ue Ulectcd.
According to the calendar, a week
from next Tuesday, December 3,
will be the date for municipal elec
tions in Bend. At present it prom
ises to be n very quiet affair, and
the political pot has not even begun
to simmer as yet. Evidently it
would be impossible to get up a
"boil" in that staid old receptacle
tinder the present degree of inter
est. During the time intervening
between now and election, however,
the politicians of the city may get
their heads together and may begin
to draw up "slates," but there has
been very little of tha: so far.
The offices to be filled consist of
the following: A mayor, recorder,
treasurer, and marshal; an alder
man for term of one year to succeed
J. II. Oneill, three aldermen for terras
of two years each to succeed H. P
J. McDonald, S. C. Caldwell, and
A. C. Lucas.
During the past year the council
has experienced several changes in
its personnel. When first orean
ied after the last election it con
sisted of S. C. Caldwell, Prank
Stroud, T- H- Oneill, C. S Benson,
John H. Weuandy, and II. P. J.
McDonald. During the first of the
year, Stroud moved to Portland and
resigned his office, whereupon Mil
lard Trlplett was elected to fill the
vacancy. Later Alderman Triplett
left the town and A. C. Lucas was
elected to a scat in the council. Two
weeks ago Alderman Oneill moved
to California for the winter and
Carlylc Triplett was chosen to fill
the vacancy. At the last meeting
of the council Mayor Goodwillie
tendered his resignation on account
of his departure to Chicago. Alder
man McDonald was lifted into the
mayor's chair and C. D. Brown
elected as alderman to succeed Mr.
The polls will be on the ground
floor of the Johnson building and
will be open from 8 a. in. to 7. p. m.
C W. Merrill, II. J. Overturf and
Chas. D. Rowe have been appoint
ed judges of election; K. J. Wright,
C. D. Brown nnd II. P. J. McDon.
City Council Proceeding.
At the recent meeting of the city
council, in addition to filling the
vacancies mentioned above, the
city lathers accepted the resigna
tion of Treasurer F. O. Minor, ten
dered that evening, and elected II.
J. Overturf to succeed to that office.
A report of the city's finances
showed close to $1,000 on baud.
The bill of A. G. Long & Co.,
amounting to $700 for apparatus
for the fire company, was ordered
paid. The bill was not due but
the council paid it so as to stop in
terest. Aside from providing for
the coming city election, uo further
business of interest was transacted.
LOCKYEAR IS IMPROVINQ.
Redmond Alan Who Was Kicked In
. Face Sits up for Short Time.
RitDUOND, Nov. i8 We are pleased
to report that H. II. Lockyear Is consid
erably Improved. The, latter part ot the
week he sat up that his bed might be
made and part, of the bandages were re'
moved from his face, ,
Not many of the "dead soldiers" alone
the way left by freighters, tomfcta M
others Imivc anything to mark their rest
ing places svc the "skeletons," but ft
junior at the Rock Cut Ilridge over tho
Pilot Iluttc canl between Redmond and
(tend t this Inscription:
D, W. Overton
Drank this Deer
Nov. 13, 1907, 11.45 w
C m this country,
There arc no blanks or dashes on thd
inscription, but we put it as above not
knowing that any cf The Bulletin's typo
Is hot enough to print the real article.
V. L. McKwIng Is organizing a choral
of some ij or so voices to' take p-ut in n
Christmas entertainment. There ii
enough talent here of a modest sort to
give a very excellent entertainment ami.
under Mr. McKwing'a direction it iJ
bound to be a success.
I'relghters from Shaniko to Rend and
beyond whom night overtakes at O'Kcil
can now make Rend from there in two
eay stages. A sign at R. V. Hensley's,
four mile souther Redmond, give tho
information that meals and feed arc ta
be had at Juniper Heights.
The RedficM house Is now occupied
by a fmi!y,Rrowu by name, their origin
geographically not being known to tha
Ray Archer went ont to the ditch
camp last wet k fo work and J. J. Kllin
gcrcame In from there to Sunday at
WaHer Gillespie is home from an ex
tended trip to North Dakota.
Rceaute no one told the reporter ot
the fact we failed to note tliat I'. I'.
Redmond was being visited by a brother
and his wife They expressed them
selves as very well pleased with the
W, A. Relcher says there Jus been
several buyers in the past week and
sales were good.
U. C. Park.
A NEW MAIL ROUTE.
Three Times a Week, from Laid law to
OUt via Tuimlo.
Tomalo, Nov, so. The postofSce de
partment is now asking for bids for a
new mail route from J,aldlaw to Gist by
way of Tumilo. The contract call for
three trips per week. This new route
will be a nice little route aud will no
doubt pay the one who gets the contract.
It will also be a great convenience for
the many people along the route in the
way of box sen-ice.
The snow, the beautiful snow. We
have a sprinkle of the beautiful till
morning, the first for this fait.
James Overton stayed over night at
this place last night. Iim Is hauling
lumber from the Dorrancc mill for tho
D. I. & P. Co. He drives a fine four
horse team. Uc knows how to care for
his horses and how to get (lie best re
sults from them.
We arc glad to note that the sick ones
at Mr. Gist's and Mr. Couch's are Im
proving under the skillful care ot Dr.
Coc. George McCalllstcr is also on the
mend, wc are glad to say.
Mr. Atlie naker and daughter Millie
have been visiting Mrs. Baker's father
and mother, Mr. aud Mrs. Geo. W.
Winter, at Tumalo for several days.
Geo. W. Wlmer & Sons have been
bailing hay on the Star ranch. They
have fuite a lot of bailed hay ready for
the market when the price suits them.
Chas. Spalnhour succeeded In bagging
two jack rabbits the other day, the first
rabbits that have been seen In this part
of the country for route time. The
coyotes make it lot fur rabbits but some
how tliey overlooked those two or per
haps they left them for a rainy day.
Mr, Post ot the Gist neighborhood
passed here yesterday on h' way to,
W. D. Clark Is niovtug out on his yal
uable ranch near Tumalo and will tako
charge of the mail route from Tumalo to
Williamson Case Comes Up Dee. 2,
The appeal of ex-Congressman J.
N. Williamson of Prineville will ba
heard by the supreme court at
Washington on December 3. This
is the case in which Wilt!nmuMt
jointly tried and convicted with Dr.
van uesuernna iuarton K. Uiggs,
Biggs and Van Gesner are serving
their sentences. Williamson took
an appeal from his sentence which
was to serve 10 montlts in jail and
pay a fine of $300.
1 . 1 ...
There are good papers aad poor
tuners. . Subscribe for THs Hnl WI
I ami read, tint good kiad.