The Bend bulletin. (Bend, Or.) 1903-1931, May 11, 1910, Image 1

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Wurzwcllcr Is Aflcr the Squnw
Creek Settlers
Hcailngs Ordered nt Kilter June I,
llcforc the State Hoard of Control
Story of tlto Origin of
Hie Controversy.
Vnliinblc water rights ore to be
adjudicated In the Squaw Creek
district, lit the western part ol
Crook county, The Squaw Creek
Irrigation Company has contested
the water claims of settlers who ir
rigate their lauds from thnt stream
ntul the State Hoard of Control hat
ordered lieurluus upon the con texts
ami cited the parlies to appear ut
Sister June 1 for that purpose.
The Squaw Creek Irrigation Co
was Incorporated in i8oj as a mil
tual company to irrigate the lands
of its stockholders) who fixed the
annual maintenance fee nt 15 cents
per acre. A few yearn later V.
wurzweller of I'rincvillc obtained
control of the organization. The
annual maintenance charge was
then raised to 35 cents an acre and
many of the original stockholders
became displeased and dropped out.
Several of these subsequently or
ginlzed the Ctoverdale Company,
another mutual concern also deriv
ing water from Squaw creek. The
Squaw Creek Irrigation Co, is said
to have greatly harrassed and an
noyed the settlers ever since it fell
into the hands of Wurzwcllcr
About toos it applied for a segre
gation under the Cary act, but its
water rights were not then deemed
sufficient to warrant the allowance
of its application.
Among those whose water claims
are now contested by the corpora
lion arc James Meeker, Arthur
Tctnptelon, Newt Cobb, Charles
Carson, Mr. Chapman, Mr. Job,
HI wood and MiUon Roberts, John
Wilt. Frank Paul, Richard Grif
fith. George MeFarlntid and Lewis
McCallistcr. All these base their
claims on prior actual appropriation
of the water to bcneficixl use, some
of them dating back 35 years.
Following is n statement of the
case by one of the settlers familiar
with the controversy:
In order to show how the trouMe In
the district commenced it will be ncces
wry to tiring In the IlUck Ilutte Compa
ny, a live stock concern, which xradual
ly esptiidcd from a mushroom to a
Mrnthtuh and secure I considerable land
by dturit cUlnu, and various ways that
diIkIiI not bear Inspection. A Jew by the
mine of Will Wuriftcller, tanker from
rnuevtlle, became affiliated largely with
the IlUck Ilutte Co. lie of course took
n desert claims together with the lest
of the family. The twiuanr Creek Irriga
tion troubles started there ami then.
Not satisfied with squeezing out the
Mutual, the Wuraweiler company filed a
notice for more water than run In
Squaw crrck. He thought he had his
Rioiioiwly complete but a good msiiy
Isvct-ucsdcd farmers quit the company
that he had got control of and landed
together and took out another ditch and
used the water In spile of his big tiling,
Jiut as a good many others haedouc.
Of course that mado the little Jew
tnd, as his filing ami stock monopoly
could not keep the water from running
and he could not use It himself, thus
securing tltle'tci It. However, Ills ditch
rime out aboie nil the rest ami he or
dered that the creek lie turned Into It
and a steady flovV be maintained What
Ihey did not want would go out Into the
Deschutes river- lly doing that the
little monopoly worked fur a while,
but It was necessary to do something to
put the watcra to beneficial use; for other
people who were honest went ahead ami
used It without paying tribute to the
little Jew.
At length Wurtweller thought he stood
la with the State Mud Hoard enough
to secure a segregation but got turned
dawn, as the people had put so much of
lilt monopoly water to actual luo (list lie
did not have much left for b segregation.
What little there was he held by getting
1 bunch of people out In what is called
OUt district to sign up su Agreement to
use the water providing he put the ditch
to them, they to pay him so much per
Inch, l'nm that time he took the
notion to turn n much water through
jilt ditch as it would carry. There is
where the trouble licgaii for the old set
tlers who started irrigation in that dis
trict. One of the oldest rights On the creek,
tr reason of It being lowest down, was
lined for two years. The town of Sis
trs was dry half the time, Conditions
ttcanie unbearable. All peacable means
lolmve water turned down the creek
itinncl were exhausted. Someone
IrjuM be delegated to go up and shut
I Ida 11 their gates for them, as tho man
Wtri would say, after useless entreaties,
"To hell with Sisters and the old
ttllcrs." The company Dually locked
1 j ' LJJ J ' I CAL fSTATf ?
) -mFffT"! il F '
( iiizND's nuw water wagon, outs TO WORK.
their gates. Many and many a time It
became necessary to no up and trar their
dam out in order to get the water justly
belonging to settlers. The company got
tired fixing their dam after the old
settler would tear It out ami published a
reward in I'riueville paper offjjofor
anyone caught molesting the dam, and
kept on turning water away from old
settlers and people who were actually
putting It to use. They knew they
could not ko into court wltn sucn riftlit
as they had, The old settlers knew that
the water was theirs, consequently de
cided to settle It for uood until some
code was tuned by the State. After be
ing out ol water and when the usual -pcal
failed to tiring It, a few good honest
cltlrciis went up and took out their dam.
This had to be done twice last year.
The managers of the Squaw Creek Co.
were notified that their dam would be
blown so high it would rot before It
struck the earth it they did not allow
sufficient water to run down the creek
to satisfy rights below. I'rom theu on
the old settlers have had water.
Recently, under the state law,
the settlers filed formal claims to
water from Squaw creek. The
company tins set up counter claims
and denied the rights of the settlers.
This is the matter now to be ad
judicated The matter may go
through the State hoard of Control
and the Circuit and Supreme courts
before final result is reached. The
settlers desire the water for their
own on the land where they
have their homes. The contesting
company wishes to take the water
and sell it for profit to use on dis
tant lands. The settlers ore deter
mined and will make no feeble dc-
Cdwnrd VII. Died Last Friday.
Ocorgo V. Now Ruler.
At 1 1 :jo p m on May 6th King
ttdward VII. died at Buckingham
Falucc in London, and the reins of
government fell to the hands of his
son, Prince George of Wales, now
George V.
The exact cause of death was
not announced by the physicians.
All the King's relatives weic at his
bedside, from which the dying mon
arch's last words were "I know it
is nil over but
I think I've done
my duty."
Pleasant Ridge.
I,. 11. Praukliu, the census tskcr, Is
busy around this country this week.
Mrs. Alex. Chase has a line hotlied
which Is furnishing their table with
green stuff,
A. A. Green dressed a hog last week
and sold it to B. M. Illy the butcher. It
brought hint f it.65, weighing 195 lbs.
Henry llucus made a business trip to
Ileud last week
Weather Statistics Will 11 o Kept.
It Is understood that J. A. Vyc here
after will take charge of the recording
of weather and climatic statistics with
the Instruments provided by theGovern
ment Weather llureau. 1'. O. Minor,
who has done the work since the Install
ation of the iussrumenta, finds it im
possible to devote the ticccsuiry time to
the work. Temperature and rainfall
will bo recorded carefully, mid the
monthly records published in The
Striked or stolen from Kellam
much, 7 miles northeast ol liend,
one dm k brown mare, 7 years old;
weight 1,000 pounds, branded 70
on left ihotilder, scar on right flank.
Had ot a sileer bell mid hobbles
when I t seen. One light brown
gelding , 1 1 years old, branded H H
with th : II reversed rfnd connected
at the t p with u slant K on right
stifle, baddlc marked. Had hack
ntnorc J
n when last seen. Suitable
or return or information.
II. E. Stuwart.
Ileud, Or.
Local Physicians (Jet MefZcal Contract
on Railroad Hospitals and Head
quarters Mere Surveyors on
Job, Workers Come Soon.
It has just been announced that
the railroad medical contract for the
work from Madras to Klamath
Agency has been awarded, to local
physicians, and that liend will be
the headquarters for alt the medical
Drs. U. C. Coe and B. Fcrrcll of
lientl have been awarded the con
tract. Dr. Coe has just returned
from Seattle, where he completed
arrangements for the work with J.
C. Moore, surgeon for the North
crrp Pacific.
Extensive hospital buildings will
be erected here, and nil the supplies
distributed from liend. Two as
sistants will be employed in the
work who will be stationed at the
north and south ends of the 125
mile stretch of grade. Each week,
tt is understood, Dr. Coe will make
a trip over this portion of the work
under his charge, inspecting the
sub hospitals at the various camps
and arraugiug for the transporta
tion of sick to liend. Already
much in the way of medical sup
plies has Ixrcu purchased and is on
the way .here.
Malcolm McPhee, who is in di
rect charge of the construction un
der Contractor Henry, is reported
to nave said tliut liend in all prob
ability will be the headquarters for
the construction work. Bend's sit
uation nt practically the central
point of the 135-mile stretch award
ed Henry, ns well as at the junction
point ot the enst-aud-west line,
practically nssurcs the location of
construction headquarters here.
The medical contractors have
been directed to be under
take their work at once. Dr. Coe
was officially informed that some
5,000 meu would be in this vicinity
just as soon as they could be gath
ered together and transported.
Engineer camps arc being estab
lished all along the line, that most
recently installed being at Wet
weather Spring, six miles south
of Ileud. The commissary depart
ment of the contractors has been
organized, and supplies will be
brought in from both Shaniko and
Klamath Falls. It is understood
that preparations at Shaniko are
completed for the transportation "of
steam shovels to the vicinity of
Bend, which are expected to arrive
there during the coming week.
The engineer who will have
charge of the construction work in
the Bend residency, J, H, Scott, ar
rived Monday evening. Mr, Scott
has eight utiles of grade to look
after, extending iu about equal dis
tances to the north and south of
town, lie has been resident en
gineer ntvthe head of the Deschutes
Special Central Oregon Uditlon.
The special Central Oregon edition of
the. Portland Chamber of Commerce
Uulletiu Is published this week. The
number will be devoted to the Des
chutes Valley, its leading article, by G.
r, I'uliiaui. dealing with the Demi
WHDNKSDAY, MAY ir, 1910.
country. There will be doable page
msp of Central Oregon. The Bulletin
has arranged to secure several hundred
copies which will be on sale at this
office. ,
Only One Third the Revenue Expected
from Taxes I'ollcemaa Palled to
Arrest Fighters and Loses
Job-City Street Grades.
Bend is in debt, tvo of its near
beer shops are running without li
cense, it has no policeman, but it
does have a City Attorney. All
this comes from the regular meet
ing of the Common Council last
There was a full attendance.
Mayor Merrill, Recorder Ellis, and
Aldermen Hunter, Kelly, Oneill,
Ovcrturf, Sellers nad Triplett be
ing present. The petition of the
Pilot Butte Development Co. for
vacation of a small part of the orig
inal plat of Bend was granted by
ordinance, printed elAewhere. J.
A. Vyc asked the city to establish
a street grade at the corner of Ohio
and Bond, where he expected to
erect a stone building. This mat
ter was discussed in connection
with the verbal application of F.
II. May for permission to take
earth from the knoll in Bond street
between Ohio and Minnesota to fill
the hole now occupied by the pond
in front of the Aune stable yard.
May's request was granted and the
committee on streets was instructed
to sec about establishing street
grades for the city, having regard
for both surface and sewer drain
age. The following claims were or
dered paid
Prctl Sallff , lumber aud labor for
streets,, ........ .......... .$3345
It. II. bnerttt, policeman one uioulu,
from April 6 ;
liend Water, Light & Power Co.,
hydrants for April
City Dray, f 39 less f. 7.50 for stove
J. I. West, moving hose house,,,.
3a oS
a J.Jo
K. Hslelle Hilt, copying
C. A. Carroll, hardware tor jail
Aldridgc &Hobbs presented a pe
tition for a license to sll near beer,
with receipt from the Treasurer
showiug payment of the quarterly
fee of $50 dating from May 1. It
was fouud that the otdiuauce re
quired payment by even quarters
and that all such license fees were
due April 1, The petition was
gt anted for the quarter from April
1 to June 30. Overturf asked why
it was. that no other near beer
licenses were even asked for, when
the ordinance requiring them had
been in force since March, Some
one remarked that the police officer
should see to such things, aud the
matter was passed.
Upon report of City Treasurer
S, J. Spencer that the cash In the
treasury April 1 was ouly 320.62
the Mayor raised the question why
the sum was so small, Judge Ellis,
the Recorder, said he had inquired
into the matter and found that of
the nearly 300,000 of the taxable
value certified by the County Clerk
as the basis for the Bend tax levy,
$300,000 was of money, totes and
accounts of the Deschutes Irriga
tion & Power Co., the tax. upou
which is now deemed uncollectible..
This leaves the city with less tbnu
Great Northern President Tours
Central Oregon.
Umpire llullder'a Son enthusiastically
Welcomed Lunched litre Sun
day, Then off for Harney.
Purposes Publicity.
On Sunday Bend was visited by
Louis W. Hill, son of the "Empire
Builder" and president of the Great
Northern Railroad Company.
With Mr. Hill was E. C: Leedv.
General Immigration Agent ctf the
G. N. and Messrs. Morrison, At
wood and Seton, all connected with
the road's publicity department.
The Hill party reached Bend at
about eleven a. m., having corse,
over from Prineville in automo
biles, and immediately upou its ar
rival was given a reception which
more man made up in spontanettv
and enthusiasm what it lacked in
formality. Headed by Mr. Hill's
car, with the G. N. President at its
wheel, the visitors drew into town
escorted by the dozen local ma
chines that had gone out to meet
them, and by the several that came
over from Prineville.
A big "Welcome" sign spanned
Wall street at the corner of Oregon,
flags fluttered everywhere, the
band played and all Bend was
gathered by the Pilot Butte Inn to
cheer the guests.
As the automobiles came to a
standstill, Mr. Hill, speaking from
his car, delivered a short address.
For Bend he predicted a magnifi
cent future, advised everybody to
"hold on to what they had," spoke
of the fact that the Deschutes
country now holds the center of
the stage, and of 'the development
one-third the estimated revenue
from taxes.
Kelly and Triplett urged the
election of a city attorney at $to a
month, and Vernon A. Forbes was
The Mayor submitted his ap
pointment of B. II. Sherritt to be
police officer,.saying that prior to
the appointment he had canvassed
the town and found no one else
willing to take the position, but
since then the woods were full of
candidates. After a considerable
silence Sellers moved to confirm
the appointment. A silence still
louger was broken by Triplett.
"I am plain spoken." said he. "I
have heard complaint against thb
"If anythiug was wrong why
was not complaint filed?" asked the
The First National Bank
Or. U. O, CO. . A. GATHER, Vie Prasldsnt
O. 8. HUDSON. Cashlsr
Capital rullr paid ... 25.000
Stockholders' liability - - S2S.OOO
Surplus (2.000
V TOWN. lf
Pint, last and all the time The First National Bank of
Ileud works for a Ulggtr and Better Beud.
We give our patrons many accommodations for wUich
we do not make any charge.
THB MBN lmiUNl) THB GUN at The First National
Bank have bee.u identified with the Hanking busksssa for ten
years, therefore do not lack In that essential quafyty, ripe
YOUR TOWN, its capital and influence is used ouly for your
best iuterests.
Farmers, business or professional men and laborer are
all invited to begin uow with a stroag, subaUatl!, grow
ing Bank,
NO. 9
and publicity work his road would
inaugurate. Then, laughingly
saying that he "was going to have
a look nt the depot" he hurried oti
to inspect the right of way through
the town.
While Mr. Hill was shown some
what of the town, Mr. ledy and
the others, in Frank Robertson's
car, made a brief excursion Intc the
timber, being given some idea both
of iu character and enormous ex
tent, and seeing the river and irri
gation canals.
For lunch the party was divided,
one section being entertained in the
home of J, M. Lawrence and the
other, together with many Bend
citirens, enjoying Deschutes trout
and other acceptable things at the
hospitable board of A M. Lara.
After lunch Mr. Hilt drove down
to Redmond via Laidlaw. the rest
of the party following. In the eve
ning the partv returned ' to Prine
ville and the next day proceeded to
When asked why so much atten
tion was being directed' to the east
erly lands off the railroad line,
when so little time, comparatively,
was being devoted to the territory
directly tapped by the O. T. Ry.,
Mr. Hill replied:
"Why, we know all about that
country bow otherwise we'd not
be building into it and there'll be
lots of chances to see it from the
train windows and railroad towns.
What we want to see now is the
undeveloped agricultural sections"
It is believed that the Hill visit
to the Harney country is prelimi
nary to the announcement of the
east-ami-west road, surveys for
which already have been located
rom Bend easterly.
This trip, the first ever raade into
Central Oregon by any member of
the Hill family, is being made as a
preliminary step to the campaign of
Deschutes Valley advertising the
G. N. is entering upon. Many
photographs were taken and sam
ples of soil secured in each destrict
for analysis.
It ts understood that much of the
space in the Oregon exhibit car, to
be put on toe eastern roads this au
tumn, will be devoted to Central
Oregon products. Steps are soon
to be taken for the collection of ex
hibits for this year's dry farming
congress at Spokane.
"I know 'nothing about it my
self, I personally have so griev
ance," responded Tripktt. "loaly
report what I kave heard."
After a while Sellers inquired for
more specific information and Trip
lett said he had heard complaint
because the officer did' aot make
arrests of fighters at Kulp's place
some time ago. The officer was
present aud said he knew nothing
of the fight until after it was all
over and he bad nothing to work
on. Triplett expressed the opinion
that the city had small use for a
peace officer if he was powerless to
act in such .cases. After much de
lay the motion to confirm the ap
pointment failed to receive a sec
ond and the policeman presettled
his verbal resignation as the coun
cil adjourircd.