ill
(
H
,i
I
CONTRACT SIGNED BY LAND
BOARD AND C. 0. 1. COMPANY
On nccount of tho Importance ot
tho matter, Tho Uullctln Is printing
herewith tho full text of tho supplo
mental contract entered Into by ami
between the Desert Land Hoard and
tho Central OrcRon Irrigation Co.
This mi received from Secretary of
Stato Otcott Tho contract was
signed on February 5 on hohalf of
tho C. O. I. Co by P. S. Stanley, prosl
dent, and Jesso Steam, secretary,
nnd on behalf ot tho Desert I.nnd
Hoard by Governor West and Stato
KnRlneor Lewis. The contract Is as
follows:
Supplemental agreement entered
Into by and between Cautral OrcRon
Irrigation Company, an OreROU Cor
poration, hereinafter called tho com
pany, and the Desert land Hoard of
Oregon. nctltiR for and on behalf of
the stato of OrcRon. hereinafter
called the board, wltnesseth:
Whereas, the company has suc
ceeded to tho contracts of ino uoa
chutes IrrlRatlon & Tower Company.
In respect to tho IrrlRatlon ot arid
lands In Crook county, OreRon, made
with the former State Land Hoard
of tho SUto ot OrcRon, and has also
succeeded to tho rlRhta, franchises
and prlTllcRes ot said Deschutes Irri
gation & I'owor Company, acquired
under said contracts and under tho
laws or tho United States and ot tho
Stato ot Oregon;
Whereas, said contracts, rights.
prlvllcRCS and franchises have been
partially completed and exorcised by
said Central OreRon IrrlRatlon Com
pany and Its predecessors In Interest,
acting for and on behalf of tho stato
of OreRon In Irrigating soRroRatlon
lists No. and 19 under tho con
tract of Juno 17. 1907. mado by and
between tho Deschutes IrrlRatlon &
I'owor Company and the Stato ianu
Hoard of tho stato ot Oregon, and
timcuftiic sottlemont on tho same
under tho provisions of said contract
and of the so-called Carey Act ana lis
amendments.
Whereas, tho company has been
unable under existing conditions to
make collections for maintenance,
and upon contracts with settlors, or
to raise money otherwise. In an
amount sufficient to assure tho com
pletion of said contracts with tho
state; and.
Whereas, It Is necessary for tho di
version daw of the North Canal to
bu Immediately built. In order to pro
tect tho rights ot tho settlers now
having contracts with tho company,
nnd to enable tho company to mako
collections ot moneys already duo
from settlers and for tho state to pro
cure patents for certain lands In
cluded In said contract; and.
Whereas, tho company has now
made arrangements to procure an
amount of money sufficient to build
the North Canal diversion dam. and
the canal leading therefrom to a
Junction with tho present Pilot Hutto
1 Canal, upon tho terms, conditions
and provisions hereinafter stated.
Now, therefore. In consideration of
tho premises, and ot tho mutual
agreoraonta and conditions herein
after stated, it Is agreed by and bo
tween the parties hereto, as follows:
1. Tho company to ralso or se
cure by bona fide subscription on or
before Much 1. 1912, tho sum of
5100.000' for tho purpose of con
struetlng a diversion dam and con
duits, with te ultimata capacity of
not less than 8C8 second foeV of
wator, from tho Deschutes RIvpf to a
point crossing the Pilot HuttO Canal
on tho lino, of tho proposed North
Canal and tho extension of the said
North Canal; said wate'r to bo used
In reclaiming lands nndcr tho con
tract of Juno 17, 1907, mad betwcea
tho Deschutes Irrigation & Power
Companaf . Tho said money to bo
furnlahod fa Installments of not less
than 10 per cent per month. Tho
first Installment to be paid on or be
fore March 1. 1912, provided the
lrtiard at that tlmo ha approved tho
plans and specifications of tho North
t'unal dam and canal to tho Junction
with the Pilot Hutte Canal, which
Hhall he auljmlttod by tho comnany to
tho board on or bofore February 20,
1912; succeeding monthly install
ments to bo paid on or before tho
lint day of each month thereafter.
until tho full sum of f 150,000. shall
have been paid Hald subscription
nnd payments shall be mado to a
jiartfcsjhereto. Theservicosotsald
trustee sliall bo pald'fr try tho'com
pany7 4 "
The company to complete, or cause
to bo completed, a diversion dam and
-canal sufllclont for the ultimate de
livery of said amount of water to the
Intersection with tho Pilot Uutto
Canal during tho year 1912.
2.--As soon as sd trustee shall
notify the oard tha the said sub
scripting lias beon made and the first
Installment of J 10,000 paid thoreon,
tho board shall turn over to the sail
trustoa tho cash now In tho guaran
tee fund, being tho fund accumulated
under Article 16 of said contract or
Juno 17, 1907, and tho settlors' notes
In Its possesilon.
3. No money Hhall be paid out by
tho trustee until tho plans and speci
fications for tho diversion dam and
North Canal to Its Intersection with
tho Pilot Hutte Canal, have boon flloi
with and approved by tho board. Tho
board sbAll iiQtlfy tho said trustee as
noon us two plaus have beon filed and
approved.
Tho board shall, through a duly
'authorized representative, mako a
Rcm'tnly fnrfoctiot 'and measurement
or tho w ii Hi done or caused to be
dono by tho company and report Its
Jlndlngs to Uo trusteo ou or beforo
tho first day or each month. Tho
sum ot 50 per month shall bo al
lowed tho board by tho copipany to
cover tho cost of said monthly In
spectlon.
A. Tho funds held by said trustee
arising from subscriptions, deposits
by tho company, or by tho board, or
payments on nccount of sottlera
notes In favor ot tho company, or
otherwise, shall bo used for tho con
struction ot tho said diversion dam
and tho North Canal, and for the
further purpose of reclaiming tho
lands In nccordnnco with tho con
tract of Juno 17. 1907, ami this sup
plomcntnl ngrecmout. and for tho
maintenance ot tho IrrlRatlon s)s-
itom. as hereinafter provided. Pay
1 monts for such work shall be mado
by tho said trustee monthly upon tho
i presentation of proper vouohora duly
I certified to by tho general manager
and chief engineer ot tho company
Provldod, however, that tho trustee
shall not pay out on such vouchers,
Xor tho construction of said dam and
said section ot tho North Canal, a
sum ot money which shall boar a
greater proportion to tho sum ot
S1GO.00O than tho amount of work
then dono, as shown by tho Inspec
tion report of tho board, shall bear
to the entire work, as snown iy saiu
plans aud specifications.
S. Tho trustco Is nuthorliod and
directed to pay, for latoral or main
tenanco work dono undor tho Pilot
Hutto and Central Oregon Canal sys
tems, a sum not exceeding $5,000 In
any month upon vouchors certified
-by tho general manager and chief
engineer or tho company; provided,
however, that tho aggregate amount
ot such monthly payments shall not
exceed $25,000 and tho total amount
ot such payments shall bo charged by
the trustee ngalnst tho notes nnd pro
ceeds thcrcol deposited as security
tor inch lateral voile.
6. It Is hereby agreed that f..o
company muj ronttnuo the sale or
lands In approved lists Nob. 6. 13 nnd
1C, and. upon each Bale ot land In
said lists, notes equal to 75 per cent
ot tho Hen prico, or Its equivalent In
cash, shall bo deposited with tho
trustee, and tho notes and funds
therefrom shall bo delivered and
paid to tho company by said trustco
when tho latoral work necessary to
connect tho linds, for which tho
notes were given, with tho main
canals of tho irrigation systom has
beon dono In accordance with tho re
quirements of contract of Juno 17,
1907, oxcopt those given for lands In
said List No. 6, which notes nnd tho
proceeds tboroot shall bo retained
until the Central tJTCgon Canal Is en
Urged or tho North Canal oxtended
to a Junction therewith and tho lands
reclaimed In accordance with tho
contract of June 17, 1907.
And after the completion ot tho
North Canal system to Its Junction
with the Pilot Hutto Canal, tho trus
too shall, upon certified vouchers ot
tho ROneral manager and tho chief
enginoer. pay such sums, as have
beon oxpended'by tho company upon
tho extension of the North Canal sys
tom, out of tho proceeds of tho notes
doposlted with tho trustee, except
those arising from the sale ot lands
In said List No. 6.
7 Tho company shall, prior to
the 1912 irrigation season, place the
main Pilot Hutto flumo In a safo and
sorvlceablo condition; and shall re
construct said flumo whenovcr such
work shall appear necessary to tho
company and tho board, and In tho
ovont of the failure of tho board and
tho company to agrco as to tho neces
sity and tlmo for such reconstruction,
then the company shall chooso ouo
arbitrator, tho board ono, and thosa
two. If tboy cannot aicroe, shall
chooso a third, who shall constltuto
a board of arbitration to decide tho
matter, and their decision shall bo
final, provided that tho company
shall not be required to commenco
such reconstruction In less than two
years from tho dato of this agree
ment The company shall, If noccs
aary to completo tho reclamation of
lands In the project In nccordnnco
with tho contract of Juno 17, J907,
onlargo the Central Oregon Oanal to
sufficient capacity. Tho company
shall furnish a good and sufficient
'surety bond In favor or tho board, In
tho penal sum or $26,000 to Insure
the performance of tho conditions
set forth In this paragraph.
" if Tho company to furnish the
board with a monthly sworn state
ment accompanied by maps, showing
the amount and location of work per
formed; and also such additional
svorn statements as may bo called
fr.r by the board from tlmo to tlmo,
showing receipts and expenditures
on account of malntonunco, and tho
books and accounts of tho company
shall be open for Inspection at Its
ofllco at all times by tho board or Its
duly authorized representative.
9. Tho board agrees, upon re
quest or tho company Immodiatoly to
opon for sale about 18,000 acres or
land under tho North Canal prior to
tho delivery or water thereto and
permit tho company to sell samo,
taking one-fourth paymont in cash
and tho balance In notes. Ono dollar
per acre of said first payment to bo
deposltod with tho board for tho
guarantco fund. Tho notes given
for said deferred payments to bo do
poslted with the trustco but not to
bear Interest noibecome payable un
til water has lieen delivered to tho
lands covered by said notes and tho
contracts between tho company and
purchasers to so provide. Tho said
contracts shall also provide that If
the lands are not reclaimed within
two years tho purchaser shall bo en
titled to tho return ot his notes and
payments made. To protect said
purchnsorn In tho return of tholr pay
ments, tho company shall deposit
with tho trustco a surety bond In tho
sum uf $ as. 000 or settlors' or pur
dinners' notes, given for tho pur
chaso ot other lands under tho Cen
tral Oregon or Pilot Hutto canals, to
tho amount ot $50,000; provided,
however, that tho board may, nt any
tlmo require such furthor nnd addi
tional security ns In Its judgment Is
necessary to protect tho Interests of
said purchasers. Whore ns refund Is
mndo to n purchaser by tho trustco
by reason of tho failure of tho com
pany to reclaim tho lands, tho board
shall rotund to tho said trustee or to
tho purchaser, tho JI.00 por aero
paid Into tho Ruarnnteo fund on no
count of his purchase.
10. Tho board agrees to Increase
tho lien on lands covered by tho con
tract of Juno 17. 1907, and remain
lug unsold, to mi amount which shnll
not exceed tho nvernne price of $45
per Irrlgublo acre; provided, how
ever, that nono ot said lauds shnll bo
sold until tho snmo hnvo been classi
fied In units nnd tho lion on each
forty-aero tract therein has beau
fixed by tho company nnd approved
by tho boardFnud provided, furthor,
that no lion shnll bo fixed nor bn sold
at a prlco In excess ot $60 per Irrl
gablo acre.
11. Tho board will, nt loast
nlnoty days prior to tho expiration ot
tho tlmo for tho reclamation ot tho
lands In segregation Ltsta Nob. G nnd
19, petition tho Secretary of tho
Interior for a flvo years extension of
time, and giant tho company such
further tlmo ns In tho judgment of
tho board may bo nfotenary. nnd
proper for tho completion ot Its con
tract of June 17. 1907.
12 Tho board agrees, to fllo
within six months with tho Secretary
ot tho Interior, tho usual certificate
ns to water supply for segregation
List No. 29; and upon tho approval
ot said segregation by tho Depart
ment, agree to executo tho contract
required by the United States for tho
leclomntloii of said lands under tho
Carey Act; and upon tho execution
of said contract agrees to placo said
lands under tho contract or Juno 17,
1907, and this supplemental con
tract. 13. Tho company may soil wator
tor lands not Included In the con
tract or Juno 17, 1907, as provldod
in said contract, but tho lands so re
linquished by tho company for can
cellation shall not bo cancelled by
tho state nnlcss and until tho board
shall dctermlno that there Is not
sufficient water for their Irrigation
In excess of that required for such
outside, lands.
H Whon said diversion dam
and North Canal to tho Intersection
with tho Pilot Hutto Canal shnll have
been completed In n good and work
manllko manner, all monoys thon In
tho hands of tho trustco, recolvcd
account said subscription or from
said guarantee fund, shall, upon de
mand, bo paid over to tho company
Tho board shall notify tho trustco
whonovor any particular lands cov
orcd by notes hold by tho trustoo
bavo been reclaimed. In nccordnnco
with tho contract or Juno 17, 1907,
and tho trustee shall dotlrcr to the
company all such notes glvan for the
purchase of such lands and proceeds
thorcof In tho hands of tho trustee.
Tho entire trust shall terminate only
when nil tho lands for which tho
trusteo holds notes shall have been
reclaimed In accordance with said
contract or Juno 17, 1907, and all
refunds havo been mado for failure
to reclaim, tia provided In section 9
or this agreement, nnd all moneys,
botes or other securities then In the
hands or tho trusteo shall bo deliv
ered to tho company.
IS. Tho duties or tho trustee
hcroundor may be enlarged, oxplaln
ed, modified or othorwlso changed
and nmendod by written ngroemont
ot tho parties hereto.
10. Inasmuch as certain moneys
will hnvo to ho oxpended for plant.
material, engineering and supplies,
$i.00 SEED OFFER.
THIS QRAND ASSORTMENT OF
THE FOLLOWINO FHGSH OAR.
DBN SEEDS, POSTPAID,
FOR ONE DOLLAR:
1 oz. Rocky Ford Muskmelon
1 oz. Golden Cuafird Squash
1 oz. Early.Evcrgrcen Corn
1 oz. French Rreakfast Radish -
1 oz. Long Scarlet Radish
1 oz. Palmetto Asparagus
1 oz. Early Egyptian HeetH
1 oz. Japanese Climblng.Cucumbcrs
1 oz. King of Mammoth Pumpkins
1 oz. New Paul Roso CijnUtloupo
1 oz. Danvcrs Half Long Cnrrota
1 oz. Bloomsdalo Savoy LeavdSpinuch
1 oz. Georgia RntUesnnko Wnt'mclon
1 oz. Oregon Yellow Danvcr Onions
1 oz, Early Yellow Rutabaga
1 oz. Golden Self-Blanching Celery
I oz. Ruby King Peppers
1 oz. Country Gentleman Swcetcorn
1 oz. Sweetheart Watermelon
I oz. Chicago Pickling Cucumber
1 oz. Mammoth Sandwich Island Sal
sify. 1 oz. Early Jersey Wakefield Cabbage
1 oz. PurploTop White Globe Turnips
1 oz. Prolific Black Wax Beans
Should wo bo sold out of a certain
varioty, wo will substituto its equal.
Remember, 1 oz. equals about four
regular packets which you buy at the
stores. Wo give you fully $4 worth
of fresh seeds for $1. Send money
order-
AMERICAN SEED&NURSERY CO,
Ycslcr Station, Seattle.
for tho North Cnnal and dnm bo
fore any showing can bo mndo In ac
tual construction, tho trustee shnll,
upon tho cortlflod vouchors signed
by tho Ronoral mniingor nnd tho
clilof engineer ot tho company, ac
cept such vouchors In llou of cash
In pnymout of tho second 10 per cent
Installment of snld subsdrlptlon, pro
vldcd In section ono ot this agree
ment. 17 In ovont of fnlluro of the com
pany to keep tho covennnts or per
form tho obligations by It to bo kept
nnd performed under this contract,
tho board may declare It In default
Tho company and tho trus
teo shnll thereupon bo so nutlllod
nnd unless tho company shnll within
90 days from tho date ot suoh notlee,
make Rood all oxlstlng delinquen
cies, tho board Is hereby nuthorliod
and It Is hereby mndo Its duty to take
over tho performance of tho con
tracts to bo performed by tho com
pany and prosecute tho work ns (nst
as tho avallablo assets In tho hands of
tho trusteo or othorwlso will permit.
nnd tho trustoo In such ovont Is here
by directed to pay out all funds
on hnnd or which may bo col
lected for nccount ot tno company
uon vouchors to bo approved by the
board. All cosh, notes und other
assets remnlnliiK In tho hands of tho
trusteo after tho completion ot tho
contract of Juno 17, 1907, shall then
bo turned over to tho company.
In witness whereof, tho parties
hereto havo causod this agreement
to bo oxecutod In duplicnto this fifth
day or February, 1912.
LUMBER
OF ALL
Irrigating Lath and Houso Lath
A Specialty
The llmlxr we cut from Is the Iwit In the coun
try, milt AH miles uxitbeMl ol fiend.
Pine Forest Lumber Com'y
BEND,
Garden
low Prices.
GET READY
NOW
FOR SPRING
PLANTINQ.
H. J. Eggleston
Manufacturer of Hnrnesa nnd SuddlcdDcnlcr In Wngonu,
Iiuggios and Farm Implement Hay nnd Grain for buIu.
I j, ljgtiSttKBflflBfiB1pSjB"jyBjjtjjsM
Go Journeying
East
Thc-ell l) so much to tell about when
Kick nl or a vacation trip Hast on tho
NorthoTi Hallway, tliroujjli the Rockies
so, with I ho wott world bathed In colors
view it irom ins cornmomous observation
form on tho
Oriental Limited
tho i pc'fcct through train to St. Paul, Minneapolis
ChhuKO. The Ulce Park Region of Minnesota pos-
;ow, jiruiikiuuni, nnu mo glorious urcat Lakes
trip cnrries you through a land of enchantment to
Kroat citi sin tho Host. Get folder, "i!atcrn Trini
for at -rn People" und Information alwut Special
Round- J np fcummcr I'aros. Call on or nddrwu
Archibald Gray
i A, O. V. Sc P. A., Portland, Oregon.
Old Pnpsrs for Sale,
Old pnpora tlod up In bundles
nrny bo hml at Tho Bulletin olllco.
Just tho thing to go undor your
carpet. I'
Your Income
DopcmtB upon tho kind of nursery
slock you Rot. If you nro willing to
pay n fntr prlco. you will got good
trees. YOU CANT OUT 80.MK
THING FOR NOTHING. If you ox
pect to pay iiext-tn-iiothliiK and got
whhI, Urst-elim stock, j oil are mis
taken, that's nil. You can't produce
n high quality trco for llltlo or noth
ing any muro Ihnu you onn an nxo,
wngon, or nny Implement.
YOU AUK TIIK I.OHKIt If yoli lot
tho question of prlco nlono lurtuonco
jour judgment when buying. Your
loss Is not temporary, but extends
over n long period of years ns your
orchard stands. Tho folly of buying
clump stock will bo Impressed upon
you each year as you figure your re
turns. Hotter bo on tho safo sldo
and buy whore ou nro sure of get
ting just whnt you want.
Our sates this year could not havo
so lorgnty sur paused Inst year's had
wo not made u'uod In tho pant.
Catalog treo.
Yakima Valley Nursery Co.
TOPPENISII-. WASH.
More Salesmen Wanted
KINDS
OREQON
Tools.
THE BEST in
THIS LINE is
SOLD HERE.
you get &
to Gnat U
s at sun- m.
t, as you Wi
Ion plat- U
p
'affiSfc
EM
Mm
ItlMINItrM AND nt0l'I3.SHI0NAI(.
W. W. Faulkner, D. M. D.
DENTIST
Uullctln HuIMIiik;
II e n d, O r e k o n
Wmd H. CoblcT
Attorney nt mw.
Onieo In Deschutes Hank llulldliig
Opposite rostpltlcu.
Hoiul, Oregon.
U. C. COE, M. D.
Physician and Surgeon
OI'IMCK OVUM I'IKST NATIONAL lilt.
Oulce Hours: lo to u a, m.; I to J and
7 to H p. in,
IlitNi), : Ohkoon
C. S. BENSON,
ATTORNEY AT LAW
Or-PICK IN PIKST NATIONAL HANK 111.1)0.
1IKNU. OUHOON
Vernon A. Forbes
LAWYER
PIKST NATIONAL. I1ANK 111.1X1,,
ItRHU, OMHOON
George S. Young
Civil, Minimi and Ikhiuation
Knuinkku
OruKon Strict
OHlcti with J. A. Kniitea.
JESSE L. SUMRALL
Attorney at Law
Ofllco in Hazvn Hid, on Wall .Ht
IJctid, Oregon.
Crook County Abstract Co.
iNCtmroMATitn.
AIiaTRACTH OI TITI.K
to all Und and town lots in Crook county.
il. V. Wvuw, Secy.
Prlnevllle, Oregon,
We photograph the record.
CLARK & WRIOHT
LAWVBRS
WA8MIN(lTON, D.C.
Public Und Mnttursr Final Proof.
Dttscrt Lnnds, Contest nnd Mining
Cajws. Scrip.
Associate Work for Attorneys.
J. I. WEST
Undertaker and Kmbalmcr
Full Assortment of Undertaking
(lood.
Fir trcot Komi, Oregon
F. 6. MJNOR
rosrorrtCK soiloino
Ml'U I'l KltACCI DKNT
INSURANCE
Notary I'uhllc aud Convcyauclnic All
LKI l'sper Correctly Drsww.
FIDELITY BONDS
Mn. Maude Alniwortb
MILLINERY
Over Skutw's Store
Wall fltrcot ; IJond, Oregon
W. E. PARKER
Plumbing, Steam and Hot
Water Heating
Jobbing Promptly Attended to.
IIKNH, OUKCJON
Caldwell & Main
All Kinds of Blacksmith
Work
MUCKS It KAHON AIII.K.
illnnosotn St Bot. lloncl nnd Wall.
M4 (or tapr, In.
muw, m, layr.HMri
Ask Yourselves
KEMgy
WHO docs your denning und pres
ing, nnd tlioao who nro best witlfl'
fled with tholr orders In Hint lino
will ouroly refer you to uo. Wo
hnvo built up u reputation for
doing high clmu) work in a
short tlmo nnd nt it very
MODERATE ClIAKGEi.
Star Dry Cleaning
House
With A. L. French
Oregon Strcot.
par"!