The Bend bulletin. (Bend, Or.) 1903-1931, December 30, 1908, Image 4

The Bend bulletin., December 30, 1908, Image 4

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Newspaper Page Text. - 9 ERA OF RAILROAD UUlLDlNQ. i Continued from page I.) is well known lo Mr. Jiurtitiuiti aid to Mr, Hill, for there Imr. been no secret made of it in the St lml camp It is the purpose of tlmt nan.tgetnent to occupy us nipiillx a? ixisMhle every foot nf territnrv winch gives any prqniim: of ever becoming n vuhuble feeder fur Us wOdst extension " The "nerve" of the St. Paul in uhiiig with incredible rapidity be construction of the ro.ist tx .usroti in the fare of n falling arkcJ xhl miuiher of surveying .o.pr. v.-h.i'j that company hai put uto the field for branch lines In awakened the activities of the Hur nman and of the Hill camps This 'act makes it certain that the North tvest is to sec such an cm a I nil read construction as it has never 'Tcfota experienced It will, no 'oogrt ts possible for the Ilurrimuti ind the Hill lines to enter into jgrccments making any territory acred ground. They have now ot to hustle, for the St. Paul has expended $too.ooo,ooo to get to the coast and it is going to justify hat expenditure with every pound if traffic which it Is possible to de velop. This is whv Edward II. Harri man is so anxious to carry to com. pletion his railroad building pro ccts in the state of Oregon and the people of that state need not tear the result. Harrinian needs no urging from tjic people of Oregon, for he realizes that the time has orae when lie must protect his It preserves. New Shasta Route Plans. It may not be generally known t tot Mr. Harriman has already de- idcd to continue the construction f his new "Shasta Route" on ..ortu and northwest of Klamath Tails to Natron, on the present hue. This will require the con 'truclion of more than 200 miles of -ailroad at a cost of not less than , -.coo.ooo. This much is admit ted by Mr. Kruttschnitt. The road b now completed to Klamath Tails, openiug up that basiu to set tlement now that the Government Las practically completed its irri gation projects there. The-east and west line will extend between Natron and Ontario unless there should be an unexpected change in the plans. It can be stated posi tively au announcement regarding t tiny saon be expected from offi v al sources. It needs only a glance at the ap of Oregon to see what these -ailroad building projects would do kor the state. That they are "on he fire" and will be announced at Jie earliest moment that business ccad tlotia'vVillHvan'ant can Ixf'Stat ."d with pesitfvehess. The officials if the Harriman lines here admit s much, but insist that to declare ills officially would be premature nd might affect some of the plans Inch are now being carried out. The line up the Deschutes to 3cnd is uamed in the d'upatch as ne of the new lines to be built by 'arriman. It will probably begin aI The Dalles, on the O. R. & X., and follow the river pretty -jiearly ,0 the mountain range. The road . ill then deflect eastward (o avoid be higher altitudes and will join ic new main line of the "Shasta .oute' at some convenient point .orth of Klamath Tails. Hill Will Uulld Up Deschutes. Speaking of the new -line Hill bt. tiding, the Oregonktn.sidd: Mr. Hill differs from Mr. Har- '.man in one radical feature of olicy. He is above all things a ievcloper of new country by the vOnstructicu of new lines. Mr. Harriman takes an old, broken Jown line, such as the Union Pa cific was when he secured control, 1 builds it tip by extensive im roveuieuls, so that it can carry a maximum of traffic at a minimum jost per ton. Hut lie builds new nes reluctantly and slowly, ap 1 arently hoping that a combination villi his rival will make the new line unnecessary. In accordance with his policy it is to be presumed that in reaching out to San Francisco Mr. Hill will 1 e opt to build up the Deschutes to tup the irrigated country of Crook and Klamath counties. Here lie would find a considerable developed traffic already awaiting him, and this traffic would grow rapidly as bjs road advanced southward, MUST NOT OBSTRUCT RIVER. farmers Cannot Stop Running uf Hunt on the Upper Dc'chuto.x. There lis, lwtti juore or less dis piite lii Hand whether or not Uu l)echttte i.rimri ia u navigable si 1. 'Hill south of llend ntid nbovr Hviihnm Tails. Many maintain that it is: others that it is not l..st Miuimer the question was hiouht to on issue when Win. Stephens of He ml bought n gasoline I much, intending to run it on the river a stretch of 30 or 35 utiles above the falls. Ranchers through whose laud the river flows objected to the boat lie inn put on the river, and home of them sttetclud wires aeross the t renin. In order to settle the mooted question, Mr Stephens wrote to Governor Chamberlain, who re feired the matter to Attorney Gen eral Crawford for an opinion. In reply the attorney-general addressed a letter to the governor, ntid in it he said: "Relative to yours of die aStti ultimo, referring a letter of Mr. Win. Stephens as 10 navivalion of Deschutes river, tier mil tne to say that the navigability of the stream is to a great extent n ques tion of fact. However, in taking the situation to t as rep-esentcd in Mr. Stephen's letter, I' am of the opinion that the river would be considered n navigable stream between the points tncntioneU. "A to navirnbllitv bcint a emotion of fact, t vvo.uM respectfully refer you to bnavvv. is-Ttc;o iron worKs, lourcgon 371, which holds that 'where a stream is naturally of n sufficient sine to float mill logs, and it nine tic sutalL boats over some portions ol it, the public have n riKlit to its free ne for tlmt purpose. Nor is it essential tltat such capacity con- linuc inrouu me year, u is sn'iiricni if its periods of liinh-water or navigable capacity continue a sufficient length of time to make it useful as a hiuhvvay.' "Also in the case or Haines vs. Welch, 14 Oregon page 319, the court lwlds that if a fresh water stream is capable of scrviut an important ruMic use us a channel of commerce, it should be con sidered public. Whether it is so, de pends upon its capacity, extent and im portance.' "Alto, the case of Haines vs. Hall, 17 Oregon 165, seems to support the same iloctruic, and in the case ot cutter vs. Gallagher, 19 Orcgou 375, the court holds: 'A stream or water-course, in order to be navigable, must lie of .suffi cient extent and capacity to enable the community at large to utilize it iu the navigation of boats and other water craft thereon for the transportation ot prcHiucts ai.ii merciiauiitse, or lor tue purpose of floating logs nml timber from forest to market.' Sec also case of Nor ton vs. Iilucrt, 39 Oregon 389, and in Hunter vs. Grand Konilc Lumber Com pany, 39 Oregon 448, the court .held: 'The right of the public to float hgs on a floatable stream is coucurrant with that of the riparian owner, and tfaeh is entitled to a reasonable cnjortlf. lit of that right, and before the riparian owner can recover damages for injnrie. to his land inflicted by the logger lie must show negligence.' and citing hi support of their opinion 34 and 17 (recon, above relcrreu to. "The theory of these decisions it that such strcums arc public higlivro)-, and me nuuuc nave n ngui 10 navigate iiieui. and cndi cac uivts,t, of course, ilepend to a great extent vpou the fact of the navi gability and otlu-r surrounding circum stances. "You alc what remedy, if any. Sir. Stephens hat lo prevent the stretching of a wire across tne stream at a navigable poiut, thus obstructing the navigation of the stream. I would suggest that he lias the same remedy that any person has for obstructing a high-way, and can have the -xirly arrested for obstructing a lilli-way, or if he wishes to bring a civil suit, a suit in equity to epjolu lit iu from obstructing the high-way might lie, but I am of the opinion he would have to go into the lower court and lmve the iarty restrained from obstructing the nigh-way. However, he can refer that matter to the district attorney for ex amination. Very iespecUutly yours, A. M. Oawi'oku, Attorney General. ' In order to obtain further infor mation n.4 to how to nrocL-ed to open the river,' Mr. Stephens wrote) to District Attorney Wilson aud enclosed the letter from Attorney General Crawford. The district attorney replied, in part, as follows: "I in in receipt of your fnv'or of Oc tober 29th enclosing copies of letters from Governor ChamberlJiu and Attor ney General Crawford. In reply thereto I beg to state that under the opinion of the attorney general the Deschutes river in the localities you mentioned teems to A WORD THAT HAS WON ITS RIGHT TO LIVE. "CINCH".., is a word used to describe that sou of certainty which is not so well described' bj- any other word. IJXAMPMS It's a Cinch that' ninc-ieiillis of the store-bargains in this city will be secured by the shoppers who watch the ads.- -w . v , -v . p , SEEDS' ftUCKMirS SUDS seccciD I PECIAL OFFER: HU kill Xw Itailam. A tritium mika tou our rwrniintat cvilomtr. nrliA rnltrrflriM H-.uk, ittiIii.iU .l IHi yiiyhivh i.,iikln,l,jl.-.i-, II r Bn I Tr.i I rJfivlM j . . Ijm lSiif '"' iii'AiLvsTKrnTo ri.t.v-c. I Ue 1 Write fo-cxy; Mention this Paper. Sr-ND IO CENTS liarnMUiuJ rkiti.4 t--MlT iVU-rtUftVI . t tlH. srFn. ."""'Yn V ii , i 1 llf ! t-tr-r- - "" ------t r , milUIUIM tH -ir'i hmis-ns, ir-aii'-s! 11 lie n highway and Sec J105 of the Code provides that if nny pcr&ou shall injure or obstruct nny high way such person, upon convLltou iliereoi shall le pun ished by Imprisonment iu the entity jail not Us tlnu one 111 uith nor more than six mouths or by 11 tine of not K --i than 5 ht motc'lluin f.v and the justice -court shrill have jurisdiction of such offense. "Iunsmuch nt the attorney general seems to linlil th.it.the Deschutes river at the place yon mention is n u.ivigahte sttenm. nny person who olwtrticts such unvigatioit would lie punlshible under this scctloti just minted and a criminal action could be bronght against any per son so obstrueiiug it.' A Store That Is Not Worth Advertising A vriter with v gift for phrasing once wrole! "If your store is not worth advertising, advertise it for. sale " His phrase runs trippingly, but his logic halts. To sell a Store that is "not worth advertising" would be to defraud the buyer so that the advice is ethically ttnouud. Of course there arc not many stores thdt nrc not worth advertis ing in this city, perhaps, none at all. The fact is that no store ever gets to be worth very much -beyond the mere open market value of stock and fixtures -until it lias been adequately advertised. Until then it lias cherted no influence as au organization, equipped for use ful service to the people. It has simply been a place where certain things wctc kept for sale. After it has had the breath of lile put into it by advertising it be comes a store, in the militant sense intent upon winning friends, up on the problem of growth. The dullest store in this city can be rejuvcuated in a month until it finds a place iu the procession -but ONLY through advertising. If, however, the store were not "worth advertising," it would be more commendable to close up entirely than to try to sell it to somebody else. l'olcy'f. Orino Laxative cures chronic coitig..iion and stimulates the liver. Orino regulates the tavvcls so they will act naturally and m do not have to take purgatives continuously.- C. V. Mukwiu,, Druggist. Oltch Land for Sale. Forty acre tract, 20 acres irriga ble; eight acres under cultivation. Price, $Coo cash. For particulars write to II. Frtiechtenicht, 33s Glisou St., Portland, Or. 41-42 DO YEARS' CXPEniCNCE Tnioc Mahho Decions CopvmaHTO Ac. A r ina mriliiir a tlrb.itiid riMf-MInn nil Oulek f iurertaii riur AHiibui run wlitHbcr at, lTifiilVwi ia riU-,Ur 4t'ftAt' ("mnjuuli n, tiwi'-.lrietlrcmiiMeuli'll. HMaC00 uiil'alriiu ma lir. OMwil juH'XfrTusirimrpatiiii. I'uKuts Utt" (.V-mivA. II mm A Lo, rtc-lrt smnuHC mcncdii A hunit iirelf ltlmlrll wesitr. iJirrett Hr. iuI.IIoii jj any eleiiUDs louriul. 'rerun, Us iriiri lour monibi, L tJuUt'sll -iswnlmlcri. MUHN&Cn38iu.r.Nl ewYork luu It O !, iTm, in rg, vv,Miu-i (V "HV MB Will iiTIA H.kiral Ask your grocer for the 3 or 5 lb. caws. Thoy have tho scrow tops with motol handles Aro usoful whoi otri-v. j On every home tabic ihci'd may be served every clay a plate of iv.rc, healthful, delicious hot-biscuits by following the "CLEVELAND" Cook. There is no economy in saving a few cents by using Alum Baking Powders. The cheap alum bilking powders work sure injury to the health. Enjoy (he purest of home cooking by using itf&A Made from E. A. SATHER. Married. At the home of the bride's par ents, Mr. and Mrs. Jas. A. W. Scoggiu, near Tunialo, Or., Mr. S. Louis Hcuuctt, Jr., of Med ford, Or., and Miss Mary It. Scoggin on Dec. 25, tooM, Hcv. J. Anthouy Mitchell of lkud performing the ceremony. Mr. Ikuuctt is engaged in farm iug nud orchard work, having especially prepared for the latter by a course at the Oregon agricultural college at CorValllil, from which iu slitiiuon. Mr. iicunctt was grad uatcdtwitlrthc class ot 1907. Mrs. Dennett is also an ol 11 minis of this institution, having obtained the honor of salutatoriau of the class of 1008. On Dec. 26 Mr. nud Mrs Seng gin held a reception 1n honor of the newiy utarricu coupic. A musical and literary program wa.s rendered, ;ndored refrell after which a few ligUt retreMi. Trie following inents ycxo.8erveil. BeiulShaniko Livery & Stage Company i. II. 'WENANDY, Prop. Yl. Hi Kelley, Acent, Slianlko New Covered Stages between Bend nntl Shniilko Livery and Feed Slables nl Shnniko, Mndrns nhd Bend. We run our riijc t please the public. Stogco lenvo cict way every tiny. Rigs lo all parts of Central Oregon. Careful drivers furnished Special Attention Given to Express and Baggage IIKIWII llsimMsMUManBli IIMIHIIHIMIIIIHH MMmil UUHftMsVYUUnkl WHEN IN BENp STOP AT. THE RJLdT'-ftUTTE INN Tablo nlWA'jp'plio'd'wl(. 'Its lioit that (ho town affords. Ncnt and Comfortable Rooms. Hi'.kd, Oiti'.co.v iVlassachlisfetts JVltituai t Ljfe Insurance Company ANNUAL DIVIDENDS 'tfearly 300SATISFinD Policyholders In C"rook CUuhty. j9fe " ' . F. O. MINOR. Resident AakB " " )2 i'i. J&. snittTwi f.vFLANDS SUPERIOR (GPOWDEE a Superior grade of Pure Cream of Tartar, SOI.l) AND Cl'AKANTl.IJI) Bend. Oregon friciitls,, were present: Mrs. I.ou Pulliam, Mr. U. C, Cady, Mrs. C. I. Gist. Mrs. Walter Graham, Misses Maude Vandcvcrt, Teresa Snyder, Isabel Pulliam, Messrs. C I.. Gist, Walter Graham, Lester Gist, Vcrn Gist, John Moore, Al fred Moore, Geo. Schumacher, G rover Pulliam. Chris. Thorn tliwnitc, II C. Cady, Frank I;d wards, Rev. J. Anthony Mitchell, F. W. Lcvcrcnz; the memlicrs of the family (being all present) were Mr Jas. A. W Scoggin, Mrs Hosa L. Scoggin, Mhsscfl Nellie aud Myrtle Scoggin, Paul Scoggin aud II A. Scoggin. Mr. aud Mrs, Dennett started for their future home nt Medford on the 28th inst. They will bo at home to their friends after January 35, IOCXJ. Ilo.iric coughs nud stufly coliU Illit uiuv develop into pnciiliionlA over tiigllt arc (jtilckly cured liy I'olcy's Koitcy'sud Tar. as it soothes inll.iinc1 utcinliin'ucs, heals the lungs, and expel the (vJd Mm lle system. C, Mkhkim., UnjgK't. 4lrt-pssissi-aisiiH rrri' ?"' m A S. C. CALDWELL C. S. BENSON, ATTORNEY AT LAV oi'i'icit In iuni: nfii.tiiM., llltNl), OKIIC.ON U. C. COE, M. D. Physician and Surgeon OI'I'ICK OVItK HANK 2111 illhbt CclcpbonS Connection T'V TJtl.Kt'lIONIt no. at HilNii, : OitJtiriXx THE First National Bank of Prlneville. llsiahllshcd iXHj. Capital, Surplus In'd Undivided Profits, 5l00.000.00 if n l. AXUn , . . , P,fV Will lVHMrllT . , , k. ; ir. .I.i.l T St IHI.Irtln (.. t, 11. lUtdolH .VwltMHt Cl. As 12. 1'nir-RsoN, Antelope, Ore,, , Matcbinaftei nno jeweler I'lriimianliil Seinil'neOii SI. .lies Set nml levvelly ( nil kliuls uimle to order and Ke.diel. Wnrl. first cln nml Krautecd. l.ntcorlfivtiiiUlii hMtt. Imllrliii li'llcr llrml, nr Mini tlluct lumrsl A11I1I114 HENRY L. WHITSETT liorse Shoeing mid General Blncksmiiliin w;aq()N and; ii,ov V()Flfe Ml II first Class Work duarautscd. Located In the old .Sheldon simp, r UOOD BODY WOOD $4.50 lt Cord Leave orders nt or phone to the ru.ox Jli-iiH-lKW- , .. r, a. BbysBi .