THE BEND BULLETIN. "-,' 'i'V. ' - VOL. V BUND, OKKGON, J'KIDAY, NOVKMUKR 23, 1907. NO. 36 IRRIGATED LANDS WITH 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 of Oregon. 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. R BEND, OREGON. TM Bend-Shaniko Livery & Stage Company J. II. WENANOV, Prop. New Covered Stages bclwccn Bend nnd Shanllco ALSO 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, Shaniko, Oregon. Special Attention Given to Express and Baggage TiTt Central Ore gon Banking (Sh Trust Company INCOKI-OHATKII IIH. qnnltnl 523,000.00 Trnns,ncti n (Icncral Hftnk Ing litlslness. Acts as Administrator, Hx cctttor or Trustee of Estates 'issues Drafts and Unijk Money Orders on all Foreign Countries. Interest (Hi Time Deposits Snfo Deposit Boxes. PIro Insurance John Stcldl, President J. . Snv hill, Vice-President ami Cashier HI'.ND, , ORKOON It your name 011 our subscription list? MMM jt"!- HZj When You Paint buildings, inside or out side, if you desire the very best rosults at the least cxpetiac you should use , The Sherwin-Williams Paiht L Call for color cards E. A. SAtHER A Full Line of Groceries, Dry Oooda and Hardware always on Hand, 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 ing letter: 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 duly received. 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. 1'HANK MKNKI'liK. 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 ty court. 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. McDonald. - 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. aid, clerks. 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 reporter. Ray Archer went ont to the ditch camp last wet k fo work and J. J. Kllin gcrcame In from there to Sunday at home. 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 country. 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, lleml. W. D. Clark Is niovtug out on his yal uable ranch near Tumalo and will tako charge of the mail route from Tumalo to Demi, 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.