The Bend bulletin., January 13, 1909, Image 1

THE BEND BULLETIN.
VOL,. VI
BUND, OKP.GON, WKDNKSDAY, JANUARY 13, 19119.
NO. 44
RECLAIM BENIIAM
FALLS TRACT
D. I. & P. Co. Signs Contract
with State Land Hoard.
LIEN TO DH $60 AN ACRU
Syitem Mutt Us Turned Over to Set
tier In 1917, In Oood Condition
and Free from Encumbrances,
74,000 Acrca In the Tract.
The Deschutes Irrigation & Pow
cr Company ha closed a contract
with the State Land Hoard whereby
the big Irrigation company will re
claim an additional 74,000 acres of
land In this vicinity, known locally
as the Iknham Falls segregation.
The company Is to have a lieu up
on the land for the estimated cost
of reclamation, fixed at f6o per
acre for Irrigable land and $3.50 nn
aero for non-Irritable land.
The Deschutes company already
has contracts for the reclamation of
two tracts, one consisting of 84,000
acres, known as the Pilot llutte
segregation, and the other consist
ing of 56,000 acres, known as the
Oregon Irrigation Company segre
gation.
The tract covered by the new
contract lies south and east of Bend
and contains some of the choicest
land in this section. It will be
watered by a high canal taken out
from the Deschutes just above Ben
ham Palls, and extending cast and
notth across the lava bed at I.ava
butte nearly to Prtnevtlle. The
canal will be approximately 50
miles in length, 90 feet ou the bot
tom, and will bo an expensive
piece of work. The contract with
the state calls for a storage reser
voir, which will be provided by
building a dam across the lower
end of Crane Prairie, which affords
a natural reservoir site. Purtber
details of this proposed reservoir
are given below.
The per cent of irrigable aud non
Irrigable land Is not definitely
known, but it is estimated that the
total lien of the company will be in
the neighborhood of $3,500,000.
The company is to receive 80 cents
per acre per year from settlers as 1
maintenance charge until 1917,
wheu the system is to be turned
over to the settlers' organization
complete, unincumbered and iu
good condition, The contract re
quires that the most important por
tion of the flume shall be made of
concrete and steel.
The contract gives the Irrigation
company the right to use the water
power available in the caual system
for a period of 35 years, In consid
eration of which the company is to
maintain the canals duriug that
period. The laud will be sold to
settlers by the state, the purchaser
paying off the company's Hen, this
being the consideration.
Reservoir at Crana Prairie.
The reservoir above referred to
will be built at what is now known
as Crane Prairie. This Is a tract of
laud about 40 miles south of Bend
on the headwaters of the Deschutes
and comprises about a towushlp In
area. Itlght streams flow through
it aud unite into one large stream
at the lower cud of the prairie,
This entire tract cuti be convert
ed Into a large lake, by building a
dam across the-lower end, Surveys
made by the D. I. & P, Co. Indi
cate that this dam wll be 40 feet
hh at the highest point and its
length will be 1 ,6oo feet, 400 feet
of which will be the dam proper
and the balance of t,'Joo feet will
be embankment. The Impounded
water will bf 43 feet deep for three
miles above the dam, niter which
the depth of the water decreases 14
feel tu the mile for the next three
miles. The reservoir will flood
9,700 acres and will, when lull,
contain jHo.ooo acre feet of water.
This reservoir will lc u lake iu it
self and will be six miles long mid
four miles wide.
When approached by a Bulletin
rcorter In quest of the nbovc dntn,
Chief Knglnccr Kcdficld first made
the statement that "the records
kept for the past four years Indicate
that the mean average flow of the
Deschutes river is sufficient to irri
gate all the irrigable land lying be
tween Bend and Princvllle." He
further stated that the reservoir,
however, would be built in order
that there can be no possible ques
tion a to there being a sufficiency
of water to reclaim nil the lnud un
der the company's contracts.
ASKS FOR M0REM0NEY
ttarrlman Wants $400,000,000 for
Railroad Intension Work In
Oregon and Washington.
Uarriman has asked for fjoo,-
000,000 for construction work In
Oregon and Washington. If it Is
granted him, it is practically as
sured that work will begin at once
on the Deschutes line. That Is the
news iu a "Portland dispatch which
suys:
"General Manager J. P. O'Brien
of the O. R. & N. left New York
the latter part of last week for
Portland. Mr. O Dricu has been
in New York during the holidays.
and while there has been taking up
with Mr. Harrimau the matter of
the Southern Pacific extensions iu
Oregon, particularly the Deschutes
Central Oregon line.
"Mr. Uarriman is aU to have
asked for about 5400 000,000 from
the directors of his lines for new
construction work iu Oregon and
Washington, and If this appropria--tlon
is granted, as it is believed it
will be, the greater part of the
money will be spent iu Oregon and
Washington.
"J. D. Parrell, head of the pro
posed Oregon & Washington, the
Oregon Railroad & Navigation
company extension Irotn Portland
to Seattle, has announced that he
will begin work at once on the line
and on a depot at Seattle. If the
Oregon & Washington is built it is
regarded as a certainty that the
Deschutes line will also be rushed
through at once."
111 Bl wmw 1 1 jppyfjp - - . - -r - - i.
J A CROP OF OATS AND ALFALFA IN BEND COUNTRY j
j aaawaaEHriBBrTMiiBHlaTWSBwri ti iiWiTngifl MiflnrsfiaB-nwlM fff" "'x'SnaMBBHI r
? 'TllH above cut shows field ol oati grown on the C II, Pills farm at Powell Huttes lit season, The oats were ?
J 1 used a a mine crop for alfalfa, suit both crops did very well Indeed. 1 11 leRord to this crop, Mr. Kills has C
5 umile the following statement "To whom It may concern. Tills is to certify that 011 this field I sowed one I
) biislicl of oats and 16 pounds of alfalfa seed per acre June 15, 1908. September 13, 1908, I harvested three tous per
acre actual measurement In stack. The laud was Irrigated before aowlng crop nud only once after sowliig. C. II. P
I Kills, Iteml, Or." Water for Irrigation was delivered in the Powell Unites section for the tint tluie last seatou, and t
the farmers there are very much pleased with llieir first crop on irrigated laud. S
BEND MAN KILLS'
HOTEL KEEPER
Osborne Edwards Altist l:acc
Charge of Murder.
SHOT VICTIM TIIKl-li TIMliS
iinters Portland Lodging House In a
Drunken Condition and Quarrel
with Landlord Conies from a
Oood Family In the South.
Osborne Kdwards, a young man
who has lived in Bend niul vicinity
for the past two or three years,
must face the charge of murder,
having killed 11 hotel keeper iu
Portland during a drunken debauch.
The following account of the trag
edy Is taken from the Orcgoniau of
Jan. 6;
With one bullet in his heart and
two more in hit left shoulder,
Thomas P. Mcjnlli.ird, proprietor
of the Richelieu rooming-house,
M'A Sixth street, north, clung to
his murderer last night til 10.20
o'clock until one of the lodger iu
his house came to his assistance,
and then hank down in the hallway
and expired, while lift wife, whose
side he had left but u moment be
fore, stood tu wild-eyed terror .it
their door and saw her husband
die.
With the smoking weapon .still
in his hand, the shooter was
caught aud detained after 11 desper
ate struggle with C. M, Cold, nu
employe of the Southern Pacific
Steamship Company, who lives at
the Richelieu. Mr. Cold had
heard the shots aud run out into
the hall. Mr. Mcjalliard called
feebly to him- "lie has shot nud
killed me. Catch him and tell the
police." Grappling with the man
who had the revolver, Mr. Cold
struggled all the way down the
stairs and out into the street before
he was able to overpower him.
lie was guarded by a number of
other lodgers' while Mr. Cold tele
phoned to the police. Sergeants
Keller and Goltz and Detective
Graves and Patrolman Peterson
were sent from the station. The
second man was captured by Ser
geants Goltz and .Kcllur ou the
street a short distance away. City
Physician Zieglcr was summoned,
but said that Mcjalliard hud died
immediately
The scenes and conversation
which led up to the killing were
overheard by Mrs. Mcjalliard, her
Mcpdaiightcr, Itvu Sterns, nud O.
K. Pcrdcc, un attorney, from Chi
cago, III , who was visiting the
McJulliards nud was playing u
giui'c of cauls at the time.
Standing beside the dead body of
her husband, Mis. McHliard told
(he officers what hail token place.
The two men came iu nud asked
lor h room, she said. Then they
asked for girls. Her husband told
them that they 'did not run that
kind of a house. They said that
thev hail lceii directed there nud
insisted on having girls. They re
fused to leave, mid Mcjalliard told
them that if they did not go out he
would have 'to put them out. The
men were drunk and recklessly
desperate. He tried to conduct
them to the head of the stairway,
when they shot him. Her emotion
then so prostrated her Hint she had
to Ik; siiprwrted nud led away.
The prisoners gave the names of
Osborne Kdwards, aged 24, and G.
Cundill. aged 21, cousins, of Cres
well, Lane county, Or, where they
have leii seeking a timber claim.
Hd war ds said he recently came
from South Carolina, while Cnudill
is n newcomer from Nebraska.
I id wards admitted the shooting to
Deputy District Attorney Fitzgerald
after his examination t the police
stut ion. He said he had been
drinking. He was locked up un
der the charge of murder.
Cutdill is not charged with par
ticipation iu the crime. He was
slightly wounded in the three-cornered
struggle, und one of the bul
lets fired by Kdwards, intended for
Mcjalliard, .struck Candid in the
atui, inflicting a slight flesh wound
He was taken to St Vincent's hos
pital to have his injury dressed,
and will Ik: detained after his re
lease from there as a witness. The
man who did the shooting main
tained a remarkable spirit of brav
ado, attempting to justify his act.
Kdwards bought n farm in the
Gist neighborhood something over
a year ago nud since that time has
divided his time between his farm
and Bend. He is a wild young fel
low and a hard drinker and while
drunk is very quarrelsome. It is
rctiorted that he comes from a very
good family ot botttli Laro'ina.
Kdwards has been indicted by the
fraud jury for murder iu the first
degree, the JKNialty for which Is
hanging. First degree murder is
whe're the act was premeditated or
planned out before its execution, or
where the murder is done while at
tempting to commit a felony. Sec
ond degree murder is where a per
son, becoming involved iu n quar
set or lor some similar reason, kills
another without premeditation.
COURT RULES ON
WATER RIGHTS
Riparian Rights Secured Since
1877 Are Limited.
"APPROPRIATION" THE BASIS
Claims on Water Power Alust He Put
to Immediate Use or lie Forfeited
to the State Decision Is a
Blow to Speculators.
I.ast week a decision was handed
down by the supreme court of Ore
gon touching on irrigation law, that
iu of such great importance to this
section that .The Bulletin herewith
reprints a dispatch from Salem to
the Orcgoniau concerning the de
cision. The case before the court
had to do witji water rights on
Silver creek, which runs through
the town of Silver Lake. The dis
patch to the Orcgoniau is as fol
lows: Salkm, Or., Jan. 5. One of the
tpost important decisions that has
been handed dowu by the Oregon
supreme court in many years was
placed on record today, when the
court held that the congressional
act of March 3. 1877, relating to
settlement ou public lands, limits
all riparian rights subsequently ac
quired except to the cxtcut of the
use of water for domestic purposes.
It is estimated that 90 per cent of
the settlements in Eastern Oregon
have been made since 1877. Prac
tically all the water power sites in
the state have been acquired since
that time. This decision, there
fore, limits the rights of such ri
parian owners to the rights they
have acquired as appropriators, ex
cept as to domestic uses, wa)iich are
too unimportant to be worth con
sideration. Speculative Privilege Denied.
Under this decision, it Is impos
sible for any person or corporation
to acquire and hold a power or ir
rigation right for speculative pur
pobes. Those persons, therefore,
who have filed on water powers on
the Deschutes aud other rivers
must put the water to beneficial
use or forfeit their right to the first
person who does apply it to such
use The opinion is of the greater
Importance coming just at this time,
for the reason that this subject of
water law is to be takeu up by the
legislature.
This court is the first one in the
United States to construe the act of
congress of March , 1877. in this
particular. It in no way affects
the rights of persons who acquired
rights prior to 1877. or who ac
quired riparian lauds since that
time aud put the water to a bene
ficial use. The man or corporation
who bus held riparian land without
making ue of the water is the oue
affected by the decision.
Opinion bv W. I. King.
The opinion of the court was
written by Supreme Court Com
missioner V. It. King, who has
made nn exhaustive study of water
law. The wise decided was that of
Annie C. Hough et ul., respondents
vs S. A. 1). Puteret id .appellants,
from Lake county, Henry I,. Ben-
sou, judge. There were about 50
parties to this suit, and in deciding
as to their relative rights to water
from Silver creety Judge Benson
recognized both riparian and ap
propriation rights. The supreme
court modifies this by dividing the
water entirely according to the law
of approptiation. A brief state
ment of the points ot law decided
is as follows;
Water Part ol Public Domain.
In order to determine the extent,
under the law, of a title included
in a conveyance from the govern
ment whether bv i-rant. n.itent or
.. , ..j n ., j .... .
otherwise, we must take mlo con
sideration nil acts In force at the
time affecting the public domain.
A reservation of any interest in
lauds by a legislative enactment is
as effective, as a matter of law, as
is expressly staled in the grant,
patent or insttumeut through which
title may be asserted.
The government cannot, by
legislation, determine for any state,
after its admission, what its legis
lation, relative to riparian or other
water rights shall be, but may dls
tiose of its public lands and all
rights incident thereto in such man
ner as it may deem best, and either
at the same time or by separate
acts, make such reservations there
from, by grant, dedication or other
wise, as it may see fit.
The water flowing over the pub
lic domain is a part thereof and the
national government may grant or
otherwise dispose of its riparian iu
terestSjSeparate from the rest of the
estate. J
Any one acquiring title to any
(Continued on last page )
AIDS IRRIGATION PROJECTS
Supreme Court Decision Strengthens
Standing of Companies Reclaiming
Land In the Vicinity of Bend.
Salkm, Or , Jan. 7. The deel
siou of the supreme court in the Sil
ver creek water right case will go
far toward clearing the way for ir
rigation enterprises on the Des
chutes river, iu Cfook county.
TMii,- hn lf-n fnnri nr 1 tifirr
tainty concerning the irrigation
work in the Deschutes country be
cause riparian owners have asserted
rights seriously conflicting with
those of the reclamation companies
which bad diverted the water.
White there has been no litiga
tion attacking the right of the irri
gntiou company to take all the
water it needed, there has been un
certainty because of the unsettled
condition of the law as to riparian
rights. But the decision of the su
preme court assures the reclama
tion company and the settlers on its
lands that the owners of riparian
lands cannot cause trouble bv in
sisting that the water be permitted
to flow in the stream undiminished
iu quantity.
Situation on Deschutes.
The Deschutes Irrigation & Pow
er Company diverts water from the
Deschutes river near Bend Above
that point there are a uumber of ri
parian owners who have never used
the water. Below that point there
arc a number of riparian owners
who have been holding their prop
erty with the expectation that some
lime it would be valuable for power
sites. These riparian owners have
been of the opinion that they held
rights in accordance with the old
common law doctrine of riparian
rights which authorized them to
demand that the water be permitted
to flow in its channel undiminished
in quantity. If they had that right
they could compel the irrigation
company to close its heudgates
whenever they got ready to use the
water for power.
But the supreme court has de
cided that the old common law
right does not exist as to lauds dis
posed of by the government since
1877, so that the owners of the
power sites have only such water
rights as they may obtain by nnuto
priation to beueficial use, and their
rights are subject to the rule of
priority iu time.
All Water-Users Affected.
The decision similarly affects
water users on every stream iu the
state and insures them that if they
have appropriated water nud put it
to a oenenciat use tuey need have
no fear ot interference from riparian
owners who have been holding
land without usmg the waler. Of
course, every ripariau ovvuer has a
right to sufficient water from a
stream for domestic purposes, such
as household use, watering Mock,
irrigating a garden, etc. Oregou-iuu.
l