Image provided by: University of Oregon Libraries; Eugene, OR
About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Jan. 13, 1909)
"For every man a square deal.
lean and no more."
IV ' . .--l:j , ,. :
CHARLES D. ROWK EDITOR
BULLETIN called from Roseburg, also her
sister-itHaw, Mrs. W. N. Camp
bell of Waldo. Or , and niece, Mrs
Gertrude llirum of Grants Pass.
At this writing Mrs Wimcr is very
low, appendicitis having developed
Mr. and Mrs Whiter are former
residents of La id law and Mr. Wi
mer is a on of Mr. and Mrs. G.W.
Wiracr of Tutnalo.
'Innrtablir In idnaa,)
WEDXKSDAY, JAN. 13, 1909.
A Wise Decision.
Beyond doubt one of the mast im
portant decisions ever handed down
by the supreme court of Ortgon i
the one returned by the court on
January 5 touching on irrigation
and water power law. Iu that de
cision the court holds that the right
t-J water for power and irrigation
purposes is ba.ed on the law of ap
propriation and by the question oi
fact as to whether or not the water
has been put to a beneficial us?
The decision declare as very limited the
rights of riparian owners where said ri
parian rights hac been w'uml since
1S77, allowing a riparian ifvner onlj
what water is neetled for "domestic"
purposes. Any riparian owner who se
cures right to water beyond this mutt do
o by complying with the law laid down
for the appropriator.
In short, the decision bates therivht to
water on the question of prior appropri
ation rather than that of riparian right.
From the bepinning of settlement in
the West, there has been a struggle
between those claiming water by pnor
appropriation and thoe claiming water
by riparian right The theory or law of
"riparian right." handed down to u
from the common law of England, U
that a person owning land along a
stream is entitled to hare the water
"flow as it was won't to Bow" through
the channel of the stream, undiminished
in quantity and uncontaminated in qual
ity. It was soon found that such a law
was n-swise and unjust in an arid coun
try, and the courts toon erinced a ten
dency to modify tne riparian right idea
and to make the bais of right to water
that of prior appropriation. This theory
of right to water by appropriation and
beneficial use has gradually been adopt
ed until now it is largely the sole bsi
of right to water throughout the Wot.
The law recognizes, however, the right
of the riparian owner to water for do
mestic purposes and to a certain extent
for irrigation. Jlill. in his "Irrigation
Manual," describes this tendency of the
conrts in a comprehensive manner.
The decision just rendered is in line
with this general tendency and u most
wise. With "prior appropriation" and
"beneficial use" the basis of the right to
water, speculators will be usable to file
on valuable water power and irrigation
sites and hold idem undeveloped until
the speculators can sell out at a big
profit, thus seriously retarding the de
velopment of the state. If they wish to
receire any benefit from their filings
now, they must f ut the water to bene
ficial use within a reasonable time al
lowed for construction of the works.
The decision states that the right to wat
er will vest in the nun or corporation
who first puts the water to beneficial
use. That is as it should b.
The decision is of great importance to
the entire state, and especiallr to the
Rend country where irrigation and water
power are destined tofplay so important
apart. It will do away with the specu
lator who has no intention to use the
water, anil who retards development by
keeping out those who would put the
water to some good use. The decision
is a step In the right direction. Now let
the present legislature enact a modem
irrigation law, and another nwt im
portant step will be taken in aid of the
Problems That Confront The Irrigator
BEND HAS COLD WEATHER.
Very 111 From Ptomaine Poisoning.
Mrs. J. W. Baker, of near Bend,
who with her husband and daugh
ter, .Miss Melba, have been visiting
Mr. Baker's parents, Mr. and Mrs
J. J. Baker of Koseburg, received a
telegram calling her to the bedside
of her sister-in-law, Mrs. A. J.
Winter, who is dangerously ill at
Her home in Grants i'ass, of pto
maine poisoning. Mrs Wjmerate
of some packing-house ham on
Wednesday noon Dec. 30 and that
night was taken violently ill and
since then has been very low. Ilei
sister, Mrs. S. D. Chapman, was
Simple Remedy for La Grippe,
Racking la grippe coughs that may de
velop into pneumonia over night are
quickly cured bv Foley's Honey and Tar
The sore and inflamed lung are healed
and strengthened, and a dangerous con
dition is quickly averted. Take only
Foley's Honey and Tar 'in the yellow
package. C. W. JJerriJJ, druggist.
Temperature Drops the Lowest on
Record for .Many Years.
The change of weather that
brough with it a heavy fall of snow
the first of last week finally suc
cccded in giving the Bend country
some of the coldest weather in its
history. Last Friday niirht the
covernment thermometer in S. J
Spencer's yard in Bend dropped to
15 degrees below zero and up to
Tuesday morning it kept up a
steady decline, registering 20 below
Saturday night, and 35 below Sun
day night. During the early part
of Monday night the metcury stood
19 below zero, but at 7 o'clock
Tuesday morning it had climbed to
zero, and has been gradually get
ting warmer since.
The record of 25 degrees below
zero is the coldest weather this
country has seen for many years
In fact, one is obliged to hunt up
the "old settler't' to learn of the
very few times that the temperature
has dropped that low, and some
times lower. J. S. Bogue of Rns
land, who ha3 been in Bend the
past week, reports that some 18 or
20 years ago the temperature
dropped to 35 below as recorded at
the btseraore place south of Bend.
These occurrences are very rare,
indeed, and it takes the old settler
to tell about them. The average
winter will give this country not to
exceed two or three nights with the
thermometer ranging from 10 to is
degrees below zero, and as a rule
the following day would be bright,
arm and sunshiny.
. This entire section of Central
Oregon has also been given a heavy
snow fall. At Bend there has been
about 14 inches, ?nd it ranges from
j foot to tno feet all over this ec
tion. Stage drivers report that the
snow, is about two feet deep from
tuout the old river bed on to Prine-vilify
THfc recent storm calls to mind
the experience of two years ago
when a heavy fall of snow occurred,
there being four feet of the beauti
ful at Sand Flat, which lies several
miles south of Bend. At that time
six stage drivers were held up at
Rosland ana were unable to get
out. Bill Howell being the first one
to get through to Bend with the
mail. For some time that year,
the mail was carried on horseback
south of Lava butte.
That was also the year when the
washouts occurred and Bend and
the entire Central Oregon country
was without mail for the entire
The following nrt'ele i bv II. t Mo J checks the growth of plants and
Mc n UrV.nlrriV ?'XX, ! trees by lowering the sail tempera
rt --'--- --
turc, ond at the same time com-'
plctcly shuts out the air Roots or I
all kinds must have air for growth
just as much as anything else. The
water-holding capacity of soils aver-1
ages from 40 to 60 per cent of the
total solid volume. For most crops,
45 per cent of the water holding
CMMcity is as much water as uliould
be put on the soil at any one time.
The lt results in the application
of moisture tor ordinary crop bus
been obtained by the following. At
the time of planting, 35 per cent of
the water-holding capucity of the
soil, decreasing gradually to is
the per cent, remaining ut this point
uum icuvo arc lorincu, men 111
creasing quickly In 40 trcr cent and
allowing it to fall rapidly to 12 S
ha Iwen connected with the largest en
terprise In We country lor the past
twenty year, and has been Identified
Willi nearly all the enterprise In eastern
Washington. He ha nude a specialty
uf economical distribution of water anil
alo of the installation of pumping
plant. He is considered an Authority
on irrigation, irrigation puuipliie. and
water systrmv lie i now acting a
consulting engineer for etcrnl of the
largest irrigation romwuics who have
their headquarter at Spokane, the most
prominent of which are lUbcuck & .Mins
Loan and Mortgages, Aitiericnn c
curilie Company, and the C'Hik Clarke
lloutinucd from last week.)
By "water duty" is meant
amount ol land a given amount of
water will irrigate and is generally
exnressed bv the "unit acre dint."
-y - . - 1 , .. ... . 1 i .1
which equals 43,560. cubic feet of ; " '3 l", ""1 "'" ""'" ;
water one foot deep on an acre of,lur,"K ibe fruiting and maturity
vrminil. fn tho Inland Kmni,. .1- I SC.SOIJ. UI COIUM!. II IS UIIIICUII lO
find the amount ol water used in iol the amount of moisture ex
different sretions to run from one-' '.,c,,'' bu,t Krcal de41 C4n l t,onc
half to four acre feet to acre, but ! In th,s Section and will arauly re
why they use this amount of waler.t ." onc ,wh. W,U takc ,hc
few, if any, seem to fully under- !lr?,lW to PP,,hw wn,cr ,0 T1
stand The fact is, most people !H:,tf!,,,Vca,''' The most economical
uc three or four times as much n'ctt1 of irrigating land and at
water n i nnorv un.l . In a.. r-t , same IIU1C OI1C llial glVCS VOU
deal of harm tn th-lr nil nn.l iJ the most complete control of the
Bend-Shaniko Livery & Stage Company
J. H. WUNANOY. Prop.
W P. KslUy. Agent, Srunlko
New Covered Stages between Ueiul and Shnnlko
Livery and Feed Stables at Shaniko, Madras mid Hciid.
We run our rigs to please the public.
Stages leave each way every day.
Rigs to all parts of Central Oregon. Careful driver furnished
Special Attention Given to Express and Baggage.
VMi:N IN MINI) STOP AT
THE PILOT BUTTE INN
Tabt always tupplUd with the bell that tho (own affords.
Neat nnd Comfortable Rooms. llitNP. OHIUION
to the crop by an unbusiucss-likc
and really ignotant use of a valu
able quantity. The soil is a sponge
which will only retain a certain
amount of moisture. If more water
is supplied, it simply leaches down
anu is lost or runs away, carryine
water, is the piic system, deliver
1 iug water under pressure to each.
tri'Ct of land. In California pipe
lines are tiscil lor both surface ami
suo-irriKation systems, in some
cases at high as 1,000 acres of land
are being watered with a flow ol
'j . ... . -
uith if n frrtilirint. munl of th- I nC CUOIC lOOt per SCCOml Ol tltHC
soil ivhirh i m niniintt- and nniu ' In Washington, under the present
those which are in solution are 0f opcndttch system of irrigation, soo
- . .! . J
Til nrin. 1 accs w,,a ' amount oi water
any value to plant life.
ciple value of water is to make the J oul;1 f abovc, he avenge
fertilizing element or the soil solu- """" "'"ie-u.
ble. Over-saturation of the soil! (Coutimted next week.)
COUNTY COURT DOINdS.
Tax Levy Placed at IS 1-2 Mills The
Office of Road Master Abolished.
At the session just closed, the
county court placed the tax levy
for the current year at 15 J4 mills.
This levy, with the present assessed
valuation of $7,070,354, would give
the county a revrnuc of $109,588
if all taxes were paid. The levy is
apportioned among the various
funds as follows:
month of February. It is "to be
hoped that a similar occurence does
not happen this year.
If you will take Poley's Orino Uxa
tite until the bowels become regular you
will not have to take purgatives con
stantly, as Foley's Orino Laxatttc posi
tively cure chronic conttipatlon and
1ug;ih liver I'lcajant to take. C. W.
I HAVE started up for
butines in the Dunn
lilacktmith Shop, and re
spectfully solicit a share
of your patronage. Satis
faction guaranteed in
W.H.HEWES Bead, Ore.
J)0 YOU WANT A.
and State ....; 9 J-to
Coihly High School 1 1-4
Llbiary o 1-20
The levy for the various funds it the
same as latt year except for, the county
and state fund, that fund having carried
8 mill in iy5. The increase is due
largely to increased state expenses. This
year the county must pay to the state
f 16,375 as against f 14.000 last year; it is
alio due to the court bouse debt of about
fjj.ooo. The county has the Deschutes
Irrigation & Tower Company charged to
1369,000 as taxes on ditches, canals, etc.,
but ihe company claims it is not liable
for the tax and the matter is pending iu
The office of road master was abolished
and hereafter all road supervisors are to
report direct to the court. The salary of
the road matter has been fl.Joo a year.
Roadmaster McLaughlin presented his
annual report, and Max Ciandall, public
accountant, was ordered to expert the
rojdtnastcr's books and accounts from
the time be took office to the present.
Viewers were ordered to view 'and re
port on a road petitioned for from Sage
brush Springs through Lyle Gap to
I'riucville. There is a road through
there now, the regular Shauiko stage
road, but it is a private road not a coun
ty highway. This action is taken In
order to open a legal county road o er
Deschutes Road District No. 12 was en
Urged to take in a four-mile-wide strip
on the south and by adding some ditch
land on the north. The timber land was
Included in this district in order to ob
tain more taxes for roads in the sectiou
lying between Bend and the old river
bed and Bend and Redmond. The ditch
land payi practically no taxes as yet and
there was n insufficient fund as the dis
trict was formerly constituted.
The Haystack road district was alto
enlarged by taking in territory along
Crooked river, which, it was found, had
never been in auv district.
A petition, signed by practically the
eutite Madras country, was presented
asking that the noxious weed law be rig
idly enforced. Judge Ellis says that the
court will do as the law directs, which in
quite drastic, but that the court's efforts I
wtit uuuuuui vi um very iiuic uuicjj cvl
ery farmer will keep hi own pictnttes
fiee from weeds. This is very expensive
work for Ihe county, and all should help
The expentcs for the November presi
dential tlectioe were a tittle over t,o.
Redmond, Jan. ta Jutt line this
week to let every one know that the
rrinevilte-Ctinc Falls stage is still run
ning regularly ami that no one In this
neck of the woods has yet succumbed to
the colli or the snow so far as we have
heard On this little farm there is
mighty little doing besides chores and
keeping the stoves warm. No one goes
by and leaves news anil we don'l co to
town, so most of the news' is 011 the sly.
Mr. Martin was intending to start
home on Wednesday, but we don't think
Mrs. Kendall was to go hunting down
to Lower Bridge on Thursday, but our
Impression is that she did not go either.
Mrs. Landet is expected home in about
a week, Mrs. Lamb a little later.
E. C. Park.
A parly of surveyors are reported as
being at Beaver Marsh with only one
load of hay for their stock. There is a
erygood prospect for some hard work
if the report is true.
Frank Tolliver, Carl Wise and Will
Dorrcll proved to be the best shots at the
beef slioot New Year's day, as Ihey took
away all the beef.
The sUire from Princville failed to ar
rive last Wednesday, because the driver
refuted to come ou from Bend with the
There have been plenty of sfage drly-
ers in Rowland since the storm started In
last week Tuesday. ;
Mr. I). Wise and his sister, Mrs,
SchulU, are new arrivals at Ihe sawmill,
Homer Curtis and Doc Collier are
trapping up at Paulina lake.
Carl Wise is living on his homestead
Mrs Pearl Bogue has returned from
Mrs. M P. Hawthorne Is staying with
her son, Elmer, near 1'rineville.
The New Year's and Chrisltnss dances
were successes In every way. The
"quack, quack" from down the river
was very much appreciated along with
the cakes and other goodie
Snow with all its beauty and with all
its pleasures Is with us to Ihe extent of
two feet on the level, and every prospect
for about three before it lets up.
Life Insurance Company
Nearly JOO SATISFIIU) Policyholders In Crook County.
30-.J5 l:. O. MINOR, Resident Agent
UNLESS IT'S A GOOD
STORE IT WILL NOT
PAY to ADVERTISE IT!
' NLKSS ou know a person unless thai person comes
into vour life In some way you are not greatly con
cerned about whether he is good or bad, desirable
It's so with a store. The people who never visit it
care nothing about it one way or the other. It doesn't
exist for them. Hut when they arc persuaded to patron
Ue il when they come to turn the xit-Iight of their at
tention on it when it comes to have a part in their lives,
as some stores must have in all lives then it's different;
then it DOES matter whether it strives to win confidence;
it docs matter whether or not its ptlcc concessions are genu
If it mccti all tests that a good slotc must stand when
it is advertised wlicn.it thus Invites the critical attention
of people then advertising "makes" the store. If it fails
in most of the vital things If it proves, under the light of
publicity, not to be much of a store, TIII'.N ADVERTIS
ING WILL NOT I'AY-for it will emphasize short,
comings as well as merits.
For these same rcnon It Is generally
assumed that the atore which does not
ndvcrtlse Is seeking to nvold close In.
spection and comparison, nnd that the
store which docs Is courting them.
. . ."" v9iarawr
rnzc leiiccttea -, it. -.
iJLsXsii Its r3Mi Kri u
HL'i.iiTri a Tit ..-
WrHt t-4nyt Mention this Paper.
ascnu iu uents
"IT" a MklM ! .(.. UI. ..
mmM m MM M.IMia. k..u. ......
C. S. BENSON,
ATTORNEY AT LAW
orvicjt in hank mm.iiNO,
You would not delay taking I'oley's
Kidney Remedy at the first sign of Kid
ney or bladder trouble If you realized
that neglect might result in Ilrights
disease or dlabeles. I'oley's Kiilnev
Remedy corrects irrevuUntles and cures
all kidney and Madder disorders. C, W,
HENRY L. WMITSETT
Horse Shoeing and
Plrst Class Work auaranlcetl.1
Located iu the old Shildju ..hop.
U. C. COE, M. D.
Physician and Surgeon
OHFICK OVKK tlANK
All Wflbt Cekpbonc Connection
DAY TKLKI'IIONIt NO. 21
IlKNI), .. OKKI.ON
First National Bank
established 1&S7. """"
Capital, Surplus and Undivided
II V. Allen
T M i(.Mkiii
II. IUMwIu ..
. .AMlkUal Ca
li If I
In (l.'ii n'l
A JtUimtk. Illr.nlf.i.
..."! " VIII..M
uL . ."v .'" '.""k U'eil'l
Hliiii, ny i, M ,a a ,,,
I Ml .Jlr.it. y a,. .i. I, II , it .
11. J I'lll.li X CO., Im.