THE BEND BULLETIN. VOL. VIII BKND, ORKOON, WKDKIISDAY, OCT. is, 1910. NO. 3 NO LOG CONTRACT RIYER NOT TURNU!) OVER AS A IHOHWAY. 1 I Animated Discussion of the Mutter In llcnil Commercial Club dullness oltho 1'lrst Regular Meeting of that Organization. The first nionllily meeting of tlic new Ucnd Commerclul Club last Thursday night was held iu the room ttlnce vacated by the Library reading room nntl was icllevcd of monotony by a discus moh of the proposal to (rant John K Kyon au exclusive riht to use the Deschutes river an a higwny for floating logs and lumber. The County Court at its September meeting had made au order grant lug Kyau a franchise upon the rivcr but the contract defining his 'rights more particularly and fixing the toll that he might collect for running logs had not been exc cuted and delivered. It turns out that this was to be held up a mouth (all its term having been agreed upon) and if no ptolcst or objection appeared the transaction was to be , completed. The mouth was to ex pire October 8 (lust Saturday). Ik fore that time other tiuibcrmen, led by W. 1). Sellers and M. J. Morrison, protested and it had been decided to postpone this contract until Jauuary. The discussion be fore the Commercial Club had iu view the removal of opposition, but that result was not attained. t Hugh O'Kanc introduced the subject, referring to it as one ol great Importance to Iicud, and called upon Mr. Kyau to state the case. Hyan submitted a copy ol the proposed contract, which was read by the Secretary. Then he explained that the main purpose of the contract was to open the river so that all-comers could float logs without being subjected to the au noyoncc of having to make terms with every riparian owner, and the toll of $1 per thousand feet he thought reasonable in view of the expense of Improving the river and handling the traffic. Kyun said he would oot keep the contract fur himself, because he did not deem it desirable to keep, but would turn it over within 34 hours so that the buiefrciarlcs, the timber interests, should curry the burden, "park the bond." He ulio oflrred to turn It over to anybody else who would take it and put up the $10,000 bond required. M. J. Morrlsou could not see THE LEiYl The Basic Problem of Life. GREATEST OF ALL PROB S XO THE GENERAL PUB LIC IS THE BREAD AND BUTTER PROBLEM tf NDOSTRV alone will nrohlein: hut It one mil from tlio fruits Hie wiluiiuti of this nrolilcm. account opportunities arise, beyond his reach. You have were I. .mi lor hi. family or that. "-. : -: -." t With u bank balance 10 1111 cremi wic urcnu ami butter nioblem Is solved for Hie present, ami lie is mere fore able to make It a less Important problem hi the future. The Deschutes Banking & Trust Company Conservative Banking for Conservative People." L. 11. 11AIRD, 1'res. M. O. how this promised contract would benefit llrnd, since it would upply to the river southwnrd from a point more than six mileti hoiiiIi of liend. If anything he thought it would be a menace to Demi by providing an Inducement for milling on the tipiwr river. Then he thought the toll named excessive. He said that on the Mississippi river, "where conditions for driving were not nearly so favprable as 011 the Des chutes, logs were driven distance of 180 miles for 5 cents n thousand. And above all he said the Kyau contract would place all the tlmlwr on the river largely at the mercy of the holder of thin contract, and he would have ft per thousand ad vantage iu bidding on all the vast uuntlty of timber to come down lllg Klvcr out of the National For. est. Morrison thought it would be bad for IJcnd and for every other limber interest to have such a con tract in operation. Kyau dclendcd the toll as reason. able and called on Jphn bteidl to say how much per thousuud it had cost to drive logs the short distance from the Sisemorc place down to the Pilot Unite mill. Steidl admitted that it hnd cost about 1 a thousuud. Hut he called attention to the fact that the proposed contract would not cover that portion of the river. Ryan contended that it would help Itcnd to have the river opened as contemplated in the contract. He also reproached Hcnd citizens for their conduct in such matters "You sit around and rot," he said, "unable or unwilling to initiate or carry out any considerable develop ment plans. And when anybody else comes In, ices opportunities and moves to take advantage ol them you knock him to death." W. II. Sellers saw tnai as me representative of the Shcvlln people he had protested against the completion of the proposed con tract. He thought the Shevllu 1 30,000 acres of timber should be entitled to quite as much consider ation as the 56,000 acres of the Deschutes Lumber Co. and he as surcd the mecllug that by January there would be responsible bidders for a contract at least as favorable to the public interest as the one now under consideration. There was some talk about Ryan turning over his contract, if it should be perfected, to others, but Morrison said the objection was not to Ryan but to the terms of the contract and there would be as much optosltion to the same con tract In the hands of any other bidder. J. M. Lawrence, J. A. hastes and H. J Ovcitmf were oppolntcd a committee to facilitate the more direct transportation of mail that is to go into effect next mouth, whereby all mail matter for the western patt the county and Lake coutity will come through direct from Modrus. 1'ronk Robertson. J. N. Hunter ond V. W. Qrctttl were appointed a special committee to attend to the opening of a good road eastward to the Hampton Hutte country. not solve theirestl ami butter isy iiy. soiiicuiiiik, nowc-ycr of Ills Industry, lie lias loumi To the matt with a lunik wi which would otherwise J oft en heard n man say, Hint it-tnnilllbllltV lie WOUU1 do tins ... . . 11. ...- 1 -?..i J. W, MASTRRS, Vice Trcs. COH, Cashier, GOES TO VOTERSiA JURY ACQUITS ELECTION ON THE CITY BOUNDARY QUESTION. Property Owners Oppose Scheme Petitioners Would liaVa Sunday Closings and Open Library Much Money In Treasury. The matter of enlarging the municipal boundaries ol Bend will be decided by election. At lust night's council meeting Overtures motion to this effect, seconded by Kelly, was passed; Oneil, Triplet! and Kelly voting for, Hunter and Overturf against it. No date for election was fixed. The special committee reported a strong oppo sition to the ttcheme oil the part ol owners of procrty included in the pioposed annexed area. A petition for closing bowling alleys and skating rinks on Sunday, and suggesting an open library on that day hearing at signatures, was rcud and laid on tlie table. Permission was received Irani tht U. S. G. S. to move the bench mark near the Pilot Butte Inn. Policeman Chapman's report, showing 13 arrests and $39 col lected, was read and approved The special commitce reported the use of it hydrants could be had foi f35 each per annum, the fije de partment to use one for one hour u week for practice. The committct on dumping- grounds had taken no definite action. The mutter ol purchasing additional fire equip ment was discussed. Due to the absence of Overturf and Hunter, who left at 11.15, there remained no quorum to vote on Kelly's mo tion that a $750 chemical engine te purchased. The Treasurer's re port, read and accepted, showed a balance on hand October 1st ol $727.35. Since that date $784-25 bas been received, leaving $1510.60 in the treasury to dote. FIOHT COUNTY SPLIT. Commercial Club Prepares to Oct Into the Campaign. At a meeting of the Commercial Club last night JWM. Lawrence and Frank Robertson, who this morn ing left for Portland, were author ized to take what btcps the) deemed best towards inaugurating t campaign in the Willamette Val ley uguiusl the splitting of Crook county. TIiku villi rntifi-r with the fell cral anli-couuly-division committee get the Indian here to corroborate -I . I . !.... t ..! n..L.U.timAHII TltMn in I'ortluud. una arrange lor me liend organization cither to work with thut body or independently. The members present ut the meetine were unanimous iu their support of the proposed fight. . Subscribe for The Bulletin. Rough and Dressed UJ ALL SIZES OF DOORS and WINDOWS "REX FLINTKOTE" AND "MIKADO", ROOFING . BUILDING PAPER , DEADENINQ FELT AND TAR PAPER 16-IN. SLAB WOOD Delivered in Bend -2 cA Per Cord ..... ,-. O.DJ (let Your Pilot Butte Development Co. CHAPMAN POUND NOT OUILTY 'OIMJUYINQ VENISON. Testimony of One Witness Deemed Insufficient to Convict Prosecu tion Not Malicious or Willi out Probable Cause. C A. Chapman was acquitted by a jury In Justice Lawrence's court last Thursday of the charge of buy tug venison from Jake Culp, an Indian. The complainant, H. J Kwglestou, swore that he saw the Indian deliver the "deer meat to ChHpmun, heard Chapman inquire "how mnch" and saW Chapman pay the Indian two 50 cent pieces and ouiea small change making a total of SI 50 lor the venison; thai complulimnt himself, being thus mnde 11 ware of the fact that venison could be procured, bought a deer I am from the luiliun, fur which of fense he had pleudcd guilty and paid u fine of $50 iu the same court There was 110 contradiction of the charge against the defend int, who did not himself take the stand to testify, but it appeared .hat the Iceling between the com jluluuut and the defendant was not very friendly and confidence iu the trustworthiness of complainant's judgment was also weakened b tils insistence that tie could easiu uid with certainty tell venison rom any other meat, though ht lad not eaten or hud contact with venison foi 31 cars, not since lu ,vas 10 yeurs old; so the jur deemed the evidence insufficient to wOUVICt. After the verdict the defense moved that the court find that the prosecution was malicious and without probable cause and tax 1I the costs aguinst complainant. This was denied for the chief rcacon that the fact testified to by complainant was uncontradicted by the only person competent to contra dict it if it were untrue, the defend ant himself, and thus it could not properly be assumed that the pros ecution was without probable cause or malicious; that if the charge had tccn clearly shown to be untrue, then malice or lack of probable cause could be urged with propri ety against the compluitiaut. V. A. Forbes conducted the dc fens. The deputy state game warden and then the deputy dis nict attorney represented the state until it wus found impossible to he employed C. S Benson for the heurini!. The mrors were w. II Slants, foreman, D Williams, J. L. Byrne, F. L. Kulp, Joe Innes and George Hobbs. C. L. Hotnl tug. J K. Goodfellow. M. J. Kellev, S. J Spencer and H. P. J. McDon- Winter's Supply. MBER all were found to be disqualified on the score of residence, and V . C. Kowlee and H. Is. Allen were per emptorily challenged by the prose cution. The defense rotiehr to have Allen retained on the jury and yet a little later called him as' a witness fit the case, touching a street conversation with the com plainant about the matter at issue. ROLYAT POSTOFFICE. titw One In Hampton Uutte Valley Trade Is Starting. Victor Schroder, a settler in the Hampton Butte valley r8 miles southerly from Fife, was in Bend Saturday. He has been appointed postmaster fur the new postoffice of -Kolyat. His bond has been ap proved and the supplies for the new office arc expected to arrive so it can transact business within two weeks. The mail service will be from Fife once a week as a starter ft will accommodate about 40 fam dies at the beginning, and the val ley is settling up tost. The first produce for market from the Hampton Butte valley reached Bend, when H. O. Miller brought in several dozen eggs and sold them at Lara's store. This is the mall begginning of what is ex pected to be a considerable com merce. KILLED BY A BLAST. Oelayed Explosion Catches Italian Laborer on Railroad. . Jim Ross, an Haitian laborer, .vas instantly killed Saturday morning by a powder blast ou the railroad grade eight miles north ol liend last week. Two other work men were slightly injured. Justice Jrcutt empanelled a jury to ex inline into the case, but there was nothing to indicate that the death was not entirely accidental. A quantity of blacK powder had first been put in the hole, then lant powder, and finally a stick ol lynamile with the usual fuse The charge was lighted and the -men sought safety until it ex; ploded. There were two explo sions, ns expected, and then the men returned to work. Thu came a third explosion, which did the damage. It is supposed that the concussion of the first ex plosion did not set off the black powder, which may have been sep arated from the remainder of the charge by some substance that re tained a spark that reached the black .powder just as the mca re turned. School Notes. Ruth Conway and Bird Lowell have entered the Seventh una Uighth grades respectively. There were no cases of tardiness nor absence in the second grade last week. The Seventh and Eighth grade club will meet Thursday to iuitiate new members, Dora Fleming has entered the Second grade. The Bend High School has been asked to enter the State Debating League. ' The First National Bank OF BEND, BEND, OREGON y &j or. u. o. ooe Prtliint O. S. HUD80N. Ooihl.r Capital fully paid ... S3S.000 Stockholder' liability S36.OO0 Burplu. SS.OOQ y 5rM 111 rllV I WHILE you nre preparing, for '.winter, 'don'tlneglect to make provision .for ttnforseen needs.' A good Bank account tueanx food, .fuel and clothing and necessities in case Of sickness Or loss of employment, Start this week to loy nway enough to tide you over comfortably. ' ' Always glad to see ,you at this It' mr ; - ' Jauk. 1 D H sow& U. C. COM IRROHO . A. SMITH Y. SELLS PROPERTY -f REORGANIZATION COMMITTEE BUYS'D. I. & P. HOLDINGS. Receivership Will Terminate if Court Confirms Sale Reorganization Will IVoceed-R. S. Howard Appeals tils Case. Last Wednesday the personal property of the Deschutes Irriga tion & Power Co. was sold in Port land upon a bid of $20,000 by the reorganization committee of the corporation. On Friday the realty was sold in Prineville to the same committee for $13,000. Both sales now go to the court for confirma tion before they become effective. The personal property sold in cluded the contracts with the state and with settlets. settlers1 notes, construction plant, office furniture etc The realty included tvro lots in Bend, three lots in Redmond, the Stearns tract of 200 acres north of Bend and a few pieces of dry land east of Powell Butte. Red mond real estate men bid against the company at the Prineville sale, but did tiot crowd the figures up much. Receiver and Special Commis sioner Redfield, Jesse Stearns and Rcwcoe Howard came in from Port land Thursday nitfht, went over to Prineville for the sale Friday, re turning to Bend the sa.me day and leaving Saturday morning for Port laud. There Special Commissioner Redfield will make report to the court of the sales and turn over the money to Receiver Redfield. If the sales shall be confirmed by the court it is expected thut the receiv ership will end and the work of re organization will proceed. Mr. Redfield is expected home again to morrow, The text of Judge Bean's decis ion in favor of the D. I. & P. Co. shows that he admits the inter vener to a hearing as to the dis position of the assets of the corpor ation. Mr. Drake bas submited a. prop osition for settlement of nil the con troversies between him and the D. I. & P. Co. out of court. Lat Saturday the Portland Qr egonian printed the following con cerning the appeal of the inter vention cases decided last wcck: Setting out 34 Instances in which it Is alleged that the United States Court erred in refusing to allow R S. Howard, Jr., to itilcrtcnc in the foreclosure of the auetsof the Detchutes Irrigation & I'ow- (Coutitiucd on pjgc 8.) E A. BATHER. Vic. Pr.ld.nt -. t R S: SATIU'K II. C S. KU.IS UUDSON C. a"