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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Dec. 30, 1908)
. - 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
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
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
"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
"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
"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.
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 ,
ftUCKMirS SUDS seccciD I
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
"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
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
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.
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
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
A hunit iirelf ltlmlrll wesitr. iJirrett Hr.
iuI.IIoii jj any eleiiUDs louriul. 'rerun, Us
iriiri lour monibi, L tJuUt'sll -iswnlmlcri.
luu It O
!, iTm, in rg, vv,Miu-i
"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.
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
E. A. SATHER.
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
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.
and literary program wa.s rendered,
after which a few
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
t Ljfe Insurance Company
'tfearly 300SATISFinD Policyholders In C"rook CUuhty.
j9fe " ' . F. O. MINOR. Resident AakB " "
a Superior grade of Pure Cream of Tartar,
SOI.l) AND Cl'AKANTl.IJI)
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
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.
S. C. CALDWELL
C. S. BENSON,
ATTORNEY AT LAV
oi'i'icit In iuni: nfii.tiiM.,
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
First National Bank
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,, ,
I'lriimianliil Seinil'neOii SI. .lies
Set nml levvelly ( nil kliuls uimle to
order and Ke.diel. Wnrl. first cln
l.ntcorlfivtiiiUlii hMtt. Imllrliii
li'llcr llrml, nr Mini tlluct lumrsl A11I1I114
HENRY L. WHITSETT
liorse Shoeing mid
first Class Work duarautscd.
Located In the old .Sheldon simp,
$4.50 lt Cord
Leave orders nt or phone
to the ru.ox Jli-iiH-lKW- ,
.. r, a. BbysBi .