. I'Afltf 10.
TI1K HKND I1ULLNTIN, 11KNI), WHDNIWlUY, JULY 111, liU.
ft
WINER MAKES
BIT TO COUGH
find thtit during the month of May
42f0 ncro feet nhtl In Juno 6640 ncro
feet wcro delivered Into the cnnnl,
or n totnl of 10,700 ncro feet In two
months. From tlio report of tho
ditch riders 3369 S5 ncro feet wore
ttctunll.v distributed nt the measuring
boxes of the water user for 2471
ncros. for tho snme period, thus allow
ing almoBt enough wnter pro rntn for
each ncro to txjunl tho amount ad
judicated ench ncro for the whole
GIVES PUBLIC HIS SIDE,,.onRon. Tho lands wore adjudicated
OF MATTER
Columbia Southern Irrlgntlon Mnnn
Kcr 8y Accusations Mmte Aciitut
Him In Letter to l)cert Lnml
lltaml Arc Unfounded.
Recently The llulletln puhllshed n
letter signed by John R. Couch of
iLaldlnw In reference to Irrigation
matters In that vicinity, and contain
Ing some complaints regarding John
I), Wlmer. Below Is published a re
ply from Mr. Wlmer, sotting forth
his sldo of tho case:
Laldlaw, Ore., July 17, 1912.
To whom It may concern:
Whereas a certain letter to the
Desert Land Hoard of the Stato of
Oregon, purported to have been writ
ten by John R. Couch, of Laldlaw,
Oregon, and published In tho Dead
Bulletin under date of July 10, made
a number of malicious, unjust and
untruthful assertions and accusations
against me In the matter of distri
bution of water and enforcement of
rules In connection with the collec
tion of tho 1912 malntennnco under
the Columbia Southern project. T be
Hero It Is my duty to answer the as
sertions and correct any false Impres
sions that may have resulted from
them. To anyone personal acqualt
ed with mo and tho work of distri
buting water for tho old Columbia!
Southern project. Including the au
thors of the letter above referred to.
l.S aero feet per acre for tho whole
I season, which on tho above acreage
would amount to 4-447 S aero feet for
the season ; but 3309.8 wero actually
delivered In only two months, and
still Mr. Couch Is not enllstlcd.
Thvu Mr. Couch criticises and na
RKHs me for going to Redmond to
attend a circus on Juns IS. This Is
the one oxceptton where he told the
truth, nnd would have needed no ex
planation from me had he stopped
there Ho goes on to state, however,
that tho ditch broke on the 13th and
nothing was dono towards repairing
it until the 14th. I can prove to Mr.
Couch or nnyone that, after trying to
get n man to help me. I went out dur
ing tho afternoon of the IStli repaired
the break and had the water turned
Into tho ditch again by 6 p. tn. all by
myself. I followed, the water down
to Couch's place and arrived book at
Latdlaw at 10 p. in. On the 14 th I
was on duty riding the ditches during
the absence of one of the riders, who
was sick, and found on thu't day that
Mr. Couch was receiving n good head
of water. During the day of the
circus there vns one ditch rldor on
duty, the other one being sick, and I
letrncd that ho left his homo nt 4
o'clock -and rode his division before
he went to Redmond. Thero was a
slight break In one of the canals on
the ISth, but It was on the lateral
that dJd not affect Mr. Couoh and It
was repaired Immediately. The same
ditch 'broke again on Saturday, June
22,-whlch Mr. V. X. Ray ami myself
repaired Sunday, spenUIng almost the
entire day there with n team. About
Monday noon the same ditch broke
again, which necessitated the placing
of about SOS feet of flume. As It
took some time to get lumber on the
ground and build the Hume, the break
was not completely repaired until Frl-
Sth. Mr. Couch
eelved complaints to tho amount of
water running In tho Winter canal.
About Aug. 1, 1911, wo were running
nhuut f8 second feet In tho Columbia
Southern cnnnl when the complaint
was registered to tho water tnnstor.
After measuring tho amounts of wat
er llowlug In the Columbln Southern
nnd Wlmer ennuis he found tuoro whh
nn oxcess In both of tho ennuis and
refused to turn water out of tho Wlm
er cnnnl there wan still a sur
plus of 2S second feet In tho C. S.
NOTION Ol' CONTKHT.
Dopnrtment of tho Interior, United
81 u ten 1 i II d Otllco. Tho Pillion, Oru-
Hon, July 10, 1913.
To Harry Kmory, of ltoud, Oregon,
Contesteo!
You nru hereby untitled Unit I, I.
Owen, who kWch lleud, Oregon, ns
his postolllro address, did on Juno (I,
1913, file In thin olhco his duly cor
roborated application to contest and
securo tho cancellation of your home-
...... Herlnl No.
en ll n I itPMirillnir In tint l.irmu ,f Dm I StetUl, Klltry No.
Judication. On AiiriiM 6 I neonin. ! ?.??' ",m,'i 'M"!",' " l '' !"r
panled him while he mnde sovurnl w U ?' ? .Nu u Heetlon 17,
measurements of the onnnls nnd ho
foind about the same conditions as
Township 20, H., Rnugo 1R, l Wil
lamette .Meridian, and its ytounds for
I'nttle, of Ilcnd, Oregon, who, on
August 22nd, 11)07, iniulu Desert Kit.
try, No. 704, Horlnl No. 073 1( for tho
UUSI2U. Hoc 21, and WttHWU.
Heetlon 23, Township 17 Mouth,
ItniiRu 12 ICast, W'lllniuottu Meridian,
him tiled notlco of Intention to mnku
llnal duHort proof, to establish claim
to tlio land nbovo described, before
II. 0. Kills, U. H. Commissioner, at
his olllco ut ltoud, Oregon, on tho
27th day of August, 1912.
CUImnnt iihiuoh tin witnesses:
Charles lloyd, Adam KoUuiuu, Nulla
Aiuiursou, tleorgv Hates, nil of lleud,
Oregon. ?. W. MOOIIH,
10-S'Sp RuKlster.
existed before. He refused to turn' ,IB "'"'est ho alleges that snld Hnrry
any water out of the Wlmer nnnnl n i rmry una not estntiilsiioit any resl
there, was stilt n surplus In the C. 8. tlenco snld land nor mado any lite'
canal. At my own suggestion, how- provomouts on saiu mini as reimired
ever, to my father, tho watei was 'I'V law nor has the sn'd Hnrry Kmory
lowered about 0 second feet some- cen on said laud within six mouths
time between tho 7th nnd 13th of prior to October 1G, lull, having np-
August which Increased the flow of parcutly nbnndoued said land.
tho C. S. etui a I to about G3 seoond
feet. This, computed on n basis of
about 3.000 acres Irrigated Is nt n
rate of one second foot per 32 acres
In place of one second foot for 70
acres, tho amount stipulated as n
maximum ut tho hendgate In tho ad
judication. Now that is how I pro
tected my own Interests tn time of
You nro, therefore, further noti
fied that tho said allegations will bo
tnken by this otllco ns having been
confessed by you, and your said entry
will bo canceled thereunder without
your further right to bo heard there
in, either beforo this olllco or on ap
peal, If you fall to nie In this oMro
within twenty dnya after the
shortage; that Is how I hogged the FOURTH publication of this notice,
water to Mr. Cauch's detriment; thnt'nn shown l.olmv. vtmr nii.,r. m.,w
Is the wsy I was unfair to the Inter-!,,aH,, specifically meeting nnd rot-Ms
of tho settlors under the Colum- ponding to those allegations of con
da N utl.crn project; and that Is on-i t0ltt, or Ir ytm fn wh,n mt time to
loubtedlv tho renson that Mr. Couch ' nin tn it.i. ,m,... .t.,.. .f ... .....
..i i,i ....ii .... i.. ki. i....i.w ..i .i. .: v....v ..... ,.,, ..i J...,
,.,...,..,. ,,,, . ,,,. .i .i- Imu, lorv, copy of your ouswor
.., ,,...v. ..v.n, . . ,rr. 0, , ,,, ponlestUllt t,,lt,r ,
qiHIlttHnH fir fltn f.,lti,l.lf. 3...,lt....
nrnnacr of tho Columbln South-nil
son or by registered mall. If ser-
..rujcci anu nt mo same time own n . v, ,M mn,,0 , ,,, tI1vory ,)f f
iiunll interest In another canal. L. vllt. ...' .' ".."'.", .V.
z x hd.r 1.k ?":!- ! ri-: .-f ;,i ;..h ;w; z ;; i:
much of ray huslncta ablllt) l'oat..
either tho snld contestant's written
I feel that no explanation Is neces
sary; but, as false Impressions may day morning, tho
be formed without an explanation infers that these breaks wcro due tc
from me, especially by those not fa- iny negligence, but I ean hardly we
miliar with the true conditions as how I could havo prevented them, for
they exist here. I take this opportuni
ty to explain matters to tho public
and hope to show that the accusations
In the Icter aro absolutely false and
unwarranted.
In his letter Mr. Couch assails Mr
John H. Lewis, Stato Engineer. Mr.
Alma D. Katz and Mr. O. Ljiurgaard,
as well na myself. As to the truth
of the accuatlons against those other
than myself, I will have nothing to
say, as I believe they aro able to
answer for themselves; but Judging
from those against myself it Is very
easy for me to form my own personal
opinion In this letter I am only
defending an attack that was made
on me personally.
after Investigating the causo as thor
oughly as possible I am inclined to
think It was tho work of some med
dler who Intentionally closed down a
headgate on tho lateral, thus causing
the ditch to overflow. Tho ditch rid
er on that division reports that the
headgate was well wedged up and lu
the same condition that it had been
in for the last two years, and It Is a
rather peculiar coincidence that the
headgatea on this particular lateral
should drop down repeatedly and
causo trouble when the other gates
are wedged in the same manner and
never cause trouble. Mr. Couch as
sumed that these breaks were on his
lateral, but a casual glance at the lo-
to you.
C.
One would draw the conclusion cation of tho ditch will show that It
very easily from Mr. Couch's letter
that he voices the sentiment of the
vrholo community; but this I dare
say without fear of contradiction Is
not so, for out of a total of 04 con
tract holders and settlers, that are
entitled to receive water this season,
he probably voices the sentiment of
about 10 dissatisfied ones, among
whom ho may be classified as a lead
er, as shown by his letter.
To begin with, every assertion
Mr. Couch made against me. with one
exception. Is false and I can substan
tiate this with proof, among my rec
ords In my offlce at Laldlaw
He charges me with tho enforce
ment of unreasonable rules In tho
collection of maintenance for the sett
son of 1912. The rules for tho dis
tribution of water and collection of
maintenance fee are laid down to mo
by the Desert Land Board, tho degree
of the adjudication of water rights
and the clauses In the contracts under
which tho settlers own their water
rights. The rules adapted and ap
proved by the Desert Land Board for
the collection of maintenance fees
for this project were prepared and
presented by the committee of three.
Mr. Lewis representing the State and
Desert Land Board, Mr. Allen repre
senting the water users and Mr. Lanr
gaard representing the Irrigation
company. I have collected the main
tenance according to the rules laid
down and In all my dealings with the
settlers have been guided by them.
Before the commencement of the Irri
gation this year I notified each con
tract holder who was entitled to re
ceive wjjter that one-half ofthe main
tenance would be due on or before
April 15, and If so paid the other
half could run until November 1.
But, upon failure to meet these terms
water would be furnished until June
1. at which time all the maintenance
for the season would be due and If
not paid the water would be turned
off until paid, During the spring
while cleaning tho ditches I gave
work to all who could and wanted
to work, applying the amounts earned
on the maintenance and paying cash
where there was a balance. Out of
the 84 contract holders who were en
titled to water. 54 settled either one-
half or all by June 1; two refused to
pay; and eight Ignored the notices
altogether. The ten In the two latter
classes have recejved no water since
Juno 1 and then In his letter Mr.
Couch asrerts that only two refused
to settle. Where do you get your
Information. Mr. Couch 7
Next he claims there (s Just cause
for the complaint against my manner
of distributing the water. If you
vlll Ijlndly refer to the record of gaje
heights obtained from (he Oeqlogical
was not.
A few words In regard to the reas
on for some or the settlers calling up
on the water master to give
them water for domestic use last
spring may not be out of place. On
October ISth, 1911, all the settlors
ere notified to store water for dom
estic use m It bad been tho custom to
close down the canal some time dur
ing November for the winter. The
water was turned off on November
17 and found some of the settlers
short of water for the winter. As wt
laid off the man stationed at the head-
1 refused to accept a bAiikabl.. note, 'V :'.,'"". , " T , .
contingent upon the satisfactory del "cKn,w Mj";H or his rece Ijit of
livery of tho water, ns payment fori'V, ,'".,"","; "" ". . ' "" "
tho maintenance; he states that If Ptl,l'l or J ,0 nlvu of the person
even ordlnnry business nhllltj h.id ') wl""' tho delivery was made stal
wen shown tho two oases cited would ?B w" l where the copy was de-
hnvo beeu adjusted without notoriety. '"'. ii y registered mall,
One settler refined to pay his llll'riM,f of "' ervlc n.ust(eunslat '
maintenance even after I offered lilui tn ntllldavlt of the person W whom
work and showod him every possible' ,h w,ly was mailed ntfitlt when
favor, tho other settler waited uhUI the post ofllce to which It was
almost June 1 and then wished to sot-1 mailed, and this affidavit must be ae-
ilo with one-half cash and the other. compamcu y tne osiinttsier'M re
half by note which was conditional crlpt for tho letter. b
upon the satisfactory distribution of' Vou should state tn your answer
water. If he had olnlmed the servles'the name of the Kist office to which
had been unsatisfactory, tho not j you desire future notices to be sent
would have Leon void. If you call
such a noto a bankable one, Mr.
Couch, I would wish to know what
banking rules you havo adopted.
I wish to publish the records of tho
water furnished Mr. Couch during
the sesson of 1911 Just to show If
Mr. Couch has a Just claim against
the manner that I distributed tho
water last year. Tho following Is
taken from the records taken by pat
rolman J. Dart Nichols, n nephew of
Mr. Couch, during his work on that
division. Mr. Couch was adjudicated
a complete water right to 20.50 acres
trlgatcd prior to tho fall of 1909.
Wishing water, however, on a basis
of 40 acres, ho paid malntennnco for
that amount and from the measure
ments ho received water as follows:
1911 Aero feet
May 2S.(0
June 32.07
July 12. !r,
Aug 21.97
Sopt 11.31
W. MOOHK.
Register.
Dato of first publication July 17,
1912.
Date of second publication July 24,
1912.
Date of third publication July 31,
1912.
Date of fourth publication Aug. 7,
1913.
NOTICK FOR l'UIH.ICATIO.V.
Department of the Interior, U. B.
Land Otllco at Tho Dales, Oregon,
July 10th, 1912.
Notlco Is hereby given that l!llcn wa mailed stating when nnd tho post
NOTIt'i: OF fONTKHT.
Uopartint'iit of tho IntorliV, United
Htntoa Lund Olllco, Tho Dalles, Out-
gun, July 10, 1912,
To Dnnlol llltrinrd of Ilcnd, Ore
gon, ContoHteo:
You nru hereby notified Hint Frank
J. Hinder, who ghes lleud, Oregon,
ns his postoillco address, did on May
28, 1913, file lu this olllco his duly
corroborated application to contest
and secure the oniicvllutlou of your
homestead. Kntry No. , ., (Se
rial No. 05400. mndo October 11,
1909. for WV&NKU, HICUNKU.
W M. HK "4 . Ni: U 8K U . See. 2f.. T. 1 9,
8. R. 1 1, i:. HW U N W U . NV U H W H
Heetlon 30. Township 19, 8., Rnugo
in, i;, Wllllnmotte Meridian, and ns
ground for his contest he nlloKes
that snld Daniel llllimrd hns wholly
abandoned and deserted snld
laud nnd hns wholly failed to
cumvAta suiti inmi ns re
quired by w to wit one-
eighth of snld entry has not been
continuously cultivated to ngrlcullur
nl crops or any other crops nt all be
ginning with the second er or nt
any other time subsequent to the
second year of thd entry.
You nre. therefore, further notified
Hint tho said nlleKHllons will be Uki'ii
by this oltlro ns having bnttt confess
ed by you. and jour said entry will
bo canci'tod thereunder without fur
ther right to by heard therein, oltlinr
before this office or on appeal, If
you fall to fllo In this office within
twenty days after the FOl'RTH puln
licnjlon of this linden, as shown bo
low, )our unswer. under onth. si-
ciiioally meeting and responding to
tlicnti allegations of contest, or if
you fall within (hat lime to file In
this oltlce due proof that you hate
served n ropy of your answer on the
said contestant either In person or by
reglstered mall. If this service Is
made by the delivery of a copy of
your answer to the contestant In per
son, proof of such service must be
either the said cont.'ntant's written
acknowledgement or his receipt of tho
copy, showing tho date or Its receipt,
or tho nffidaMt of the person by whom
the delivery was mndo stating when
and where the copy was delivered;
If mado by registered mail, proof or
such srrvlro must couslst of the af
fiavlt of tho person by whom the copy
olllco to wliloh It wns mallei!, uinf this ,
nfildnvlt must ho nccouipitiiliMl by tlio
poNtinnster'n receipt for thu letter,
You should stntu In your nnswur t
tho nnmo of tho post olllco to which
you deslro future iioIIuvh lo he sent
lo you.
0. W. MOOHK. Register.
Ditto or first pulillciitlon .till)' 17, ,
1913.
Ditto of second piilillciitlou July 21,
11112.
Dato of third pnlilluntlon July 31,
1912.
Onto of fourth puhllcntloii August '
7, 1912,
There uic .several hundred
of
TTe Development
Number
of
The
Bend
f
.
Bulletin
left.
41 pages of interesting
articles alnrnt Demi anil
Central Oregon. More
than 10 0 illustrations.
Wrapped for mailing.
Get in your orders while
they last ami send them
to your friends in the East
10c
a Copy
- .
gate of the canal at the same time the
water was turned off, In ordor to ac
comodate some of tho settlers 1 turn
ed the water Into tho ditch twice dur
ing the winter, when It was possible
to do so. to glvo thove that were
short an opportunity to store water
In their cisterns and reserved s
Some of the settlers still failed to fill
their reservoirs and consequently
were short of water, hut whose fault
was It? During February I turned
the water Into the ditch somewhat
earlier than usual to glvo these people
water for domestic use, hut had to
turn It off before any benefit resulted
on account of snow and Ico In the
ditch, together with the frost in the
ground, mado It very dangerous tc
run water In the canal, and then It
was that some or the settlers appealed
to tho water master to tutn water In
tl:e dlcb. The waer matter wishing
to do his duty and thinking that it
was within his Jurisdiction to do sc
tuained the water on.-upon his own
risk, and furnlahed water to those
short for domestic use. Mr. Katz
naturally resented the Interference
with the managomont of tho canal
and inquired Into the right of the
water master to act In a case of that
kind, with the result that ho was no
tified by the water superintendent tr
keen hands off as it was not within
his Jurisdiction.
Mr. Couch seems to bo very much
put out by the fact that I own a smal.
Interest In another ditch which has a
prior right from the Tumalo Creek.
He terns to think that this Is absolu
tely unfair as be believes that I would
be inclined to favor those "adv.em
rights" as be states. This Is very
smell indeed of Mr. Couch and were
he fully acquainted with the work
ings or the adjudication be would
know that were I even dtfposed tc
such a course as he suggests it would
be Impossible for me to regulate the
amount turned into the various ditch
es. That Is the duty of the water
roaster. I wish to state that 1 am
always looking toward the best Inter
ests' of tho settlers and doing every-
tnw? in my power to serve them a
far as possible. I with to cite the
lSkVSlTTT-?'VTT-' .4kSkAAAAA..A.A.A.A.A.AA.... ......... .
ISW1H I ------- """-'"'-'srW'SSS'S-AASk-AAA..A.AAA.A....A....-...A.Ji...J.
IIIIIIIIIII ...SW?
' '-''-'-'----""-'-'"-- lwJtfJU
Total 12S.S0
This Is at a rate of 1.17 aere feet
per aere for the season, whereas the
adjudication calls for a maximum
during the season of only 1.60 sere
feet. For hte present reason Mr.
Couch has received 47.99 acre feet
up to July 1, which Is 1.20 acre feet
per ncro when ho Is entitled to only
1.80 aero feet for the entire season;
and still ho claims he has Just causo
'or complaint tor nn unfair distribu
tion of water. I havo records to
show that the water distributed for
the season of 1911 on the Columbln
Southern project was greatly In ex
cess to tho amount rilled for In accor
dance with the adjudication, and In
no cases less.
Now, I bellevo I have nnswerod
the assertions against mo and wish to
ask Mr. Couch whether he was nt
home during the irrigation season
last year and gave his undivided at
tention to tho appllcat'on or tho water
to his land. It may bo that no neg
lected his Irrigation and Is looking
for some Justifiable reason for n poor
crop. I was greatly surprised to
iear that Mr. Couch hold an opinion
't unfairness toward mo on aocount
it being Irrigation manager here,
Mid as ho Is the first to bring it to
-ny notice. I hope he will give mo ths
names of the various settlers whoso
scntlmont ho voices so that I can ad
lust the differences with thorn person
ally, and that tho public at largo
may know whom ho represents,
I hope I have mado matters clear
In this answer In my own behalf nnd
sincerely hope thnt tho readers of Tho
llulltln who rend tho signed letter
ol Mr. Couch and who also will read
this, will have no difficulty to differ-
enclate between claims and assertions
of Mr. Couch, founded on guess work
and the Imagination, and this letter,
which Is a" matter principally of
record.
Very respccffully submitted,
JOHN B. WIMKR.
Survey Stntlpn at the headgate of the example of last year and the action
Columbia Southern canal, you will or the water master atter he had ro-
VPHI'JHl RKHV'CKH.
Rev. I. I. Corby, pastor or the
Presbyterian church, has planned a
series or Sunday evening vesper sort
vices, the first of which will be held
this Sunday, August 4, on the lawn'
at the home or L. D. Wleat. There
will bo solos by Mlts Wlest and Miss
Parker, n short address by the pastor,
The whole program will be given be
tween 6 and S p. ra.
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