extra the bend bulletin. TR VOL. X, BEND, OKrXlON, MONDAY. FEURUAItY 17, 191JJ. NO. 49 OREGON-EASTERN RAILROAD HEADS FOR BEND! PRESIDENT F&RJIELL Qf 0,-W JL & N, MAKES IMPORTANT ANNOUNCE MENT IN PORTLAND TODAY. r. RoaJ Now Building Westward Through Malheur Canyon to Connect With O.-W. R.. & N. System Here-An- nouncement Follows Dissolving of Hairiman System Which Makes O-E Competitor of the Southern Pacific Work is to be Rushed 1 Puts fiend on Great Trans-Contlncntal Route, Affording Long-Sought Outlet for Lumber Manufacturers and Development for Homestead Territory to Southeast (Special to Thu lliintl llulletln.) Portland, run. i7.-( p. m.)- pkkh. fahki:llofthi:oki:gon. WAHHINOTON RAILROAD A NAVIGATION .(.X) .HirrUHNP.D .FROM i:V VOIIK TODAY AMI ANNOt'Nl'KR THAT tin: O..W. II. A N. HAH taken ovi:h tiii: oki:on kahtkkn koad. hi: alho official i.v annol'nckh that thu okkhon eastern will go to hknr. I -oNHTitrrioN wiiih in: hi'hhkh, andthkhkhkkmhreahonto O ..... .... .... r it... .... Ifviililiwt irtl llllll Ulkf-lf lllil.II'.!'. lll.VI nilltn Mll.ii Ml. i..-nr.iwiw.. rwwi iwi. kvih. the oregon kahtijkn ih now headed whtwahh. wohk havino pkoghehhkd into maliikl'k canyon. vi to liakt week it wah relieved that the wkhthhn oiukctivk point wah a connection with thu nathon cut-off at ok near t'KICHCENT. F. W. ItOHINKON, PKKVIOPHLY AHHIHTANT TKAFFIC DIRECTOR OF Till: UNION PACIFIC HYHTKM, COMKH TO WIIITUSII AH AHHIH TANT TKAFFIC MANAGER OF O-W. K. N.. HUCCEKDINO W. I. HKINNi:il. IT IH ANNOUNCED THAT TIIK MERGING OF THE HAR. I KI.MAN HYHTKM Wll.l. NOT AFFECT TIIK O..W. It. A N. IN ANY (WAY. Iiui been cantered at Vale "for tho rail outlet rnemi more to Hcnd than this country the greatest potential purpose of puahlnic tho Hup across could any one tiling, the fttoj ai rapidly as possible." I The Hill lino bia from the first The Oregon Eastern waa tho prop- given It to bo underitood that It i" Tho above dUpatch received by The llulletln la tho essence of thu , railroad story that appear In tho 1'oMland papora thla afternoon and li being tent out by tho Associated I'reas. It la elaborated on by a pel- 4ato telegram which atatea that thore seems Rood rcaaon to bellovo that work on tho Oregon Eastern will bo undertaken from llend aa well aa from tho Malheur end. Aa announced In Portland papert last week, a great quantity of con atructlon matorlala and a largo forc of men, under George W. Hoschke, chief engineer of tho O.-W, It. & N.. orty of tho Oregon Short Lino pre vious to tho recent forced dissolv ing of tho Harrimnn combination, since which It-has come under tho di rection and control of tho O.-W. It. A .'. This fact la regarded. as being probably tho key to tho apparent sud den change of pinna of tho Jlarrl man builders, through which tho western objective point of tho road will be llend. where connection will bo afforded tho O.-W. R. ft N. Had tho road gono south, It would havo simply hitched up with tho South ern Pacific Oregon-California llty?, which Is now, technically, a competi tor of tho O.-W, It, & N. Tho now route, when completed, will servo as n direct conectlon he- planned an eastern road from llend, and has a completed survey covering wheat producing area In the North west, and with transportation his statement will becomo a reality. It means that towns will spring up and with them and tho development tho territory. Hut the fact that ro-jof tho ranches, an Important trado COURT UPHOLDS OPTION SALES cjnt rato concessions on lumber ship wonts to tho East have been granted local manufacturers seemed to In dicate that at least tor a time plans for such a road had been shelved, as theso rates, In forco over existing routes, practically equalled any that might bo expected to hold even over a direct eastern road. Aside from the general effects, suoh as tho lowering of freight rates and tho placing of llend upon a big transcontinental route, the eastern line has more local significance, of vast Importance to the town's devel opment. For Instance, the road will twecn Portland and the East, and pass through practically tho heart of especially tho Southwest. Into tho'tho RrcBl iawlirtt,h country to tho Bolt Lako territory, for Instance, It . . ... . isouthatst- During tho last three lll shorten tho present roundabout I ' ji'nm uunurcui 01 louiuics iihtc ibk n,Bnjen up thousands of acres of home- route of tho Bhort Lino by miles, and rcmovo tho long detour jow folloed In going up tho Colum la river and tho Snako rlvor. Tho Importance of the chango of larrlman plans for llend cannot bo ivcrratlmatcd. Indeed, atudenta of tho local railroad situation havo long maintained that tho direct Eastern stead land In that territory, and even last summer crops were raised, de spite the newness of the district and tho great dlstanco It lay from trans portation. That tho railroad will dovelop thla great territory with re markablo rapidity goes without say ing. Pof. Thomas Shaw haa called! with llend aa Its metropolis will come into being. From the standpoint of lumber alono the development of the southeastern part of Oregon, means tho creation of a great market for Hcnd manufactured lumber, as this will be practically the only consider able supply point of that article for that territory. FALL KILLS KTAGi: HORSE. (La Pine Intcr-Mountaln.) "Illack Prince," considered the best horse owned by the stage com pany, waa killed by a fall about 200 yarda south of the upper irrigation ditch near llend last night. J. F. Rogue, the driver, said that the shoe on tho right hind foot of tho horse caught on the fore ahoe. tripped him and flopped him over on tho right side. Death occurred before Mr. Uoguo had time to get down off the stago and reach the horse's head. WANT POHTMA8TEK REMOVED. (JJetoUous Central Oregonlan.) A petition bearing the signatures of all tho business men of Mctollous has been sent to the Postofflco De partment at Waahlngton asking for the removal of John Hoffmann as Postmaster at tbia place. Gross Ir regularities in tho conduct of the of fice are charged. Rechutcs Land Company Wins tin Fight With Governor Went and lrcrt Land Hoard tiuprcinee Court Kustains Momon. DOTTED LINE EASTWARD FROM BEND INDICATES APPROXIMATE ROUTE OF OREGON EASTERN. if. ftrurva A if iJF i7aT-t. -awt- ssa.'-ilJ'VggCTM VJPaW.w- T ''naTyXX: - -.--... -t-. wt --- nrrffl "'Ti, I . . r -r ,,. : ---fc -.. - "' ' - MaBBfeaassBBSaaaaaaaMsaVsHsMiKasMskBMaBaB i (Special to The Rend llulletln.) SALEM, Feb. 17. In a decision of tho Supreme Court handed down last wck Ic tho caso of the state against the Derchutes Land Coraapany of La Pine, Involving the right of tho com pany to sell "options" on tho land embraced In the Carey act project In Crook county before the lands wcro actually reclaimed, the court decides In favor of the company and affirms the decision of the lower court in dis missing the suit. The decision Is of great Importanco to every aectlon of the state which baa a Carey act project for which the contract with the state was wade pri or to the legislative enactment of 1909, amending the state's laws rel ative to the desert land's authority la Lsnoiing aucn lands. Governor West made tbo flcht against the Deschutes Land Company. using every means to force J. E. Mof- son, president of the company, to cease selling any contracts or op tions on the lands that his cornpany was reclaiming. When Moraou rd. fused to stop selling hia options, a suit was brought In the Multnomah, county circuit court by tho attorney general, upon tho Instruction of tbo desert land board, to enjoin tho Des chutes Land Company from selling options on the ground that the com pany waa violating a provision df its contract with the state. The lower court dismissed the suit and the atatp appealed. Land Hoard Without Power. In the opinion of tho higher court, which waa written by Judge Rurnett. It is held that the desert land board, under the laws In force prior to 909. had no right to Insert a clause la the contract with the company whtca would prohibit the company from selling such contracta or options. "The general scope and purpolo of the Carey act and of tho stato legis lation supplemental thereto wna to encourage the reclamation of desert lands so that the aamo should, be come Inhabitable." says the court's opinion. "There Is no intimation In any of the legislation noticed that al ienation of lands should be hindered or lmiwded. Roth the national legis lation and the stato law authorized the contracts and agreements that may be necessary to 'Induce and enure such reclamation.1 "The Oregon statute Itself pro scribes this In general terms and In addition thereto lays down with par ticularity the condition which shall he Included trithln the contract -with any person or corporation desiring to uudertake a reclamation project, but It does not nuthorixo the board to In sert any provision restraining the al ienation of the contractor's Ilea or possessory Interest In tho lands con ferred by the statute. "On the contrary, section 10 of the act prescribes that any citizen Uealr lug to purchase any unsold quarter section of desert land on which la a lien for the cost of reclamation shall he entitled to purchase tho same on the terms therein specified. "In our Judgment the provision of tho contract upon which the stato re lies in this suit Is Inconsistent with tho provisions of that section Just noted and hence I it In plain excosa of the authority of the board confer red by tho statuto in force at the time tho contract wna made. Rclng a de parture from the board's authority and thus contrary to the statute, ho proyision is void and does not bind either party to tho Instrument be cause & contract to be efficacious must be, equally binding upon both parties. The defendant had a right to contract Vo d6 "in" the future what rnleh legally tje ,done under tiq "pro Yidona qf ttitacUo' "