The Bend bulletin. (Bend, Or.) 1903-1931, June 18, 1913, Page PAGE 12, Image 12

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TUB 11KNH HUM.KTIN, 11KNI), WKDNKNIIAY, Jt'NK 1H, ...
GOVERNMENT
TO
OFFERS TO Al D IN TUA1
ALO PROJECT
President Will lie- Asked In Set Adde
Not Mmv TIiiiii isl.ltl.tMKI l-'itim Itc-
claiiintton I'uiiit to Ito IVed In
Curt-) lug Work to Completion.
Whllo the state's appropriation of
J4&0.000 for the Tunialo iirojoct Is
being held up by the Injunction pro
ceedings brought by a Sale in lawyer.
the Federal government comes for
ward with an offer to co-operate with
Oregon In this Important work. In
this connection, K, 11. Newell, direc
tor of tho reclamation service, has
eent Governor West the following
message:
"In pursuance of the suggestions
made by the chairman of thu Oregon
Conservation Commission, the matter
of cooperation with u view to the pos
sible construction of the proposed
Columbia Southern Carey act project,
now known as the Tunialo project,
has been considered by tho Secretary
of the Interior, and on June 7 he ap
proved n recommendation of the He
ciamatlon Service that If Investiga
tions now proposed under the coo
erative contract show that the con
struction of tho proKed Tunialo
project Is feasible and that there are
no insuperable legal obstacles, the
President will bo asked to set aside
In the .reclamation fund a, suitable
'amount, not exceeding $450,000, to
cooperate with the state of Oregon
in accordance with the provisions of
the reclamation act of June 17, 1902,
In connection with the construction
of said project."
The Desert Land Hoard held a
meeting at Salem Monday night to
consider the announcement from
'Washington, but until the Supreme
Court has rendered Its decision noth
ing can be done. L. H. McMahan,
who is fighting the case, stated to
the board that, while he still believed
the act unconstitutional, the report
that the Federal government would
contribute the same amount put an
other phase to the question. He,
however, showed no disposition to
withdraw bis suit, which was decided
against bim by Circuit Judge Gallo
way, again declaring that the Legis
lature had no light to appropriate
money contributed by nil thu people
for tho benollt of any onu class.
Attorney General Crawford ex
plained that tho money which tho
goxurument proposed to donntu could
bo used III construction uf part or
tho dam, mid thu rest In Irrigating
lnnd adjoining that Irrigated by tho
state. Ho Ha Id that tho Hinds could
not bo used Jointly because of the
necessity of both tho state ittid Fed
eral government having llrst mort
gage on the land.
Me.Mahnu and tho attorney general
agreed to proiwro briefs at onco and
the Supremo Court will bo asked to
hoar argument otthor Friday or Mon
day and gU a decision As stum a
possible.
AlcMAHAN LOSES
FIRST HEARING
(Continued from Pago One),
stltutlonnl as being In violation of
section 23 of article A and section 7
of article 11 of the constitution of
this state.
"Among other authorities referred
to, the court Is specially cited to the
case of Sears vs. Steel, commonly
known as tho Crater Lake rond case,
In sustaining his contention that tho
act In question is special and local,
and therefore old under section 23
of article 4 of the constitution. Plain
tin further alleges that the act under
consideration pledges the credit of
the state and Incurs an Indebtedness
exceeding $50,000, which Is In vio
lation of section 7 of nrt'ele 11 of
the constitution.
Act of Public Character.
"The attorney general, on behalf
of the defendants, secretary and state
treasurer, denies these allegations of
tho learned counsel who acts In his
own behalf and claims the act In
question Is not special and local but
of a public character and for the
benefit of the ople of the state. The
the state Is not ohllgat'ng Its credit
nor guaranteeing trie obligations of
private individuals or corivoratlons
nor Is the state Incurring indebted
ness exceeding the limits placed by
the constitution In carrying out the
provisions of the act In question. The
court was cited to section 38C0 I,. O.
L. accepting the provisions and con
ditions of the Carey act and other
legislative acts, which in connection
with the act under consideration is
but carrying out a contract entered
Into between the state and the United
States, under the provisions of the
reclamation laws of the contracting
parties.
"Acts of Congress August 18, 1894,
28th statutes, and acts amendatory
thereof authorising a lien on. arid
land by the state, also act of Con
gress March 31, 1910, extending time
In which the state might reclaim, the
segregated arid lands are also cited.
'llio acceptance by tho slntu of thu
bouelU of tho Carey net Is claimed to
commit tho stato to tho reclamation
of Its arid land, and that oxpundlturo
of public funds for such purpose Is
not lu violation of thu constitution,
in fact, tho keynote of tho attorney
general's argument is the legality of
the stato to engage In tho work of
Intel mil Improvomoiits mid to appro
prliijo nmnuy mlscd by direct tan
tlou therefor whou tho uumauio Is
of it public character such ns tho re
clamation of tho state's arid laud;
and that nothing In tho constitution
prohibits the state outcrlng upon
such a polio.
"First lu older for the court's eon
sldttrntlon Is thu caso of Sours vs.
Steel. In this enso $100,000 had been
appropriated to aid lu building a
road within Jackson and Klamath
counties from Medford to Klamath
Falls la Crntor l.ako, conditioned
that each county appropriate $t0,
000 toward said project, thus enforc
ing unequnl taxation between the
counties of the state, clearly lu vio
lation of the constitution prohibiting
the passage of local and special laws
for laying out, working or supervis
ing highways. It Is further held In
this very able opinion by Justice Mo
llrlde that a statute making nn ap
propriation for the construction of n
state road and permitting tho county
court of the counties through which
the rond runs to lay n burden on the
taxpayers of the county, not shared
equally bv the taxpayers of other
(arts uf tho state Is local and In vio
lation of section 2.1 of article "4 of
the constitution.
"I'nder thu Carey act and tho ac
ceptance of Its provisions under sec
tion .IStiO I,. O. I.. tfie state comes
in possession of Its arid lands for
reclamation, with n Hen on said land
for all expenditures made therefor
under thu suihtvIbIoh of the desert
land lionrd, I'nder the provisions
of the net In question both principal
and Interest Is to be eventually re
turned to the state Wo are unable
to see the analogy In the rtiso at bar
with what is known as the provis
ions of the Crater Lake road case,
"A Wi Policy."
"Tho real question beforo the
court is, Can the state, acting under
a wise policy of Internal Improve
ment, reclaim Its arid land for the
benefit of all tho people: or must this
alMmportant work be left In the fu
ture as in the past to the Ineffectual
operslon of private mtorprlse?
"Tho court Is of the opinion that
a more wise and progressive pollcv
should prevail and that Chapter 119
of the general laws of the session of
1913 Is not In violation of the lim
itation of the constitution as alleged
In he complaint. This suit Is there
fore dismissed wih costs to neither
party and it Is so ordered."
Scientific linnd ninoage given at the
net barber shop, price Jttc. Ijtdy
and gentleman barber, lAp
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SALJ U RESOURCES OF
PVrO' Y ib pine.
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WMJ lUUP Mltli
VtotlN Mill! . ,.
iXctTdtC toveA TxftATri
1UMMSM HtSOHTS
niaLtM-trfimtniry
You Should See La Pine
,i.-. tu iitriMiiiiliiiKixHimt)', Tin taint It llch, ilcp vclmnle till ftm
IkHi ntbk,lt Irvrl, li r-l illlnnf hikI riitlltnl illlnklns wtlrr
norr iltt llitn Kifnt Thrltll(tlrllanl with llfliMl "tin lllit
tn t mrchol tl fv6co jr stiroa jf Ittiiti Thf uiriiimdliiK yinr rvvrrttl inouiiUliit futlol imluul Mumlrit ami Jul Hit lartr
for a raiallon La llnr It onl) almul lMu)rnilil tiul icluMrtut: faintly It ha a Ulfihon jrilcm, (wo kuwI lialtlt, lu IiIk vriirttt
inichit. li itt, a ftrtl cl.lity ami ltl tlaMr an ntllmt ntwixf Hht t.a I'lnr lulrt Huuntn) out of lh ihim fitMlr
commercial ctiitx In Ihtttalr am lliltclub lijr Ihr wajr hat lit own prtMiljr ami Ihr ll vrar nrcul ihMron an allftcll ilub hMtf.
Thrrrarrthitatnatl taw mllli In Ihr vicinity ofl.t I'mr whl h l Juti iht UkIiiiiIu or lh IHg lumlrrliiir ami mllllns liulnct Ihtl will !
itonr hrtc Tknr atr kuvO vtnulnut In nianufuctiKlns ami utlicr liulntt llntt hrrr In mlurallonal mtiurt tA line It ntrMlt II hta
a UO'tctr Khool ark in the heart uf Ihr rrtlUcticr KTtlun ami now leachetup loe twtlllh grade A Catholic (hurt It will I" I'olll here
Ihit iflnr. ami other churvhet are taiinlnr luetlahllth lhemelet La I'lnr hat ottr hum available clrclrlr hoiar lowcr which the
nwncrt hairr rotnniencoi tuilevelo ami which alune wuuM bulb) a nul tlietl nly The Ug area af farm land Inlmtatr Id l.a I'lne woubl
alone bulM anit maintain (wul timidly The rati tract of luuUr Irilnilary lo La I'lnr wonltt aluur l.nll.l a nuul tliet cllr. With the
coming of Ihr twolng railroad ty.trint tu l.a I'lnr which will be toon development In and around l.a I'lnr wilt l tamd La fine
can t reached via Or Nat N I' () W K N.V and I' I' Myt Vnucaa make money by Ixivlng proerly at l.a I'lnr In ailvtncr uf Ihr
rallioadt. uthen are ilolua II. whv not Vtlt I U'AKIt IT to the fact that a aulid. welldotaltif town in onr of the newetl and betl tcrtUmt
of the Northwett It IwunU lo grow rtoldly and that proerly valuet will climb accordingly ITIcea now from lu u up The lermt are raty.
only a lew uuuait tei monin oo itcn lot vou nun I witaine money, out you avon aciuirr vaiuaiiir property, wr
and lermt to
You don t wlta the money, but you avon adulrr valuable property. Wrlle Iwlay for plat, prlrea
LA PINE TOWNSITE COMPANY, U Pine, Oregon.
kctiablcagcnti, with good bank refe'tneet, wanted In all t-ai)tof the Dulled Hltlet,
NIQHT TRAIN SUNDAY
(Contlnurd from Page One)
10 a. m. or earlier. The general de
livery window will be oiened dally
as soon as the mail Is distributed,
probably betwevn it and 10 o'clock.
The Sunday hour, after next Sunday,
will be from 10-30 to 11 a. in.
Tho new train will make connec
tions at Portland for Wlllumette
valley and i'uget Sound points. For
the Kast the nearest connection will
be at Portland with the 10 a. in.
train, the same train with which con
nection Is now made at Tollbridge.
J. T. Hardy stated last night that
the sleeper fare to Portland will Imi
f 1, making the full faro $8.45.
AT THE BEN0C0HPANyS MILL
IVnxinn! an( Oilier Kbort Itnna of
Intrrrat.
Prank Mlkula, who spent the win
ter and spring clearing and breaking
up the land on his hororstead, and
In seeding closer to ten acrrn, has re
turned to town and Is again employ
ed at the lumber yard.
Dan McClenan haa rented the
house occupied by It. W. 8awer, who
has moved' to town.
J, C. Jensnn. after a sis days' visit
at his home In HMkane, reported for
duly Tuesday murnliig. During bin
absence II, II. Cuuaway attended to
the grading for shipment.
The new gasoline logging englmt
which Is to replacn the ouo used by
W. K. Hcutt was brought over via tint
new county bridge Monday evening,
and commenced hauling yesterday,
but unfortunately something brokir
down which caused a stoppage for tho
time being.
If you rtiHTt kihm! lirrwd, you inut
nor Illiimtrin lllenil Hour, Your gro
cer Mill lie It. Atlv. Ifltf
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HOUSES WANTED
We have so many inquiries from people wanting to rent small houses,
which we cannot furnish them, that in order to encourage building to
meet this growing demand we have selected a limited number of our
inside residence lots which we will sell at the following prices and on
very easy terms of payment:
20 Lots in Park Addition at $150.00 Each
20 Lots in Center Addition at $200.00 Each
These are all nice large lots 50 foot frontage and most of them
140 feet deep. Large enough for a home and a good garden. They are
all available to city water and electric light and close to sidewalks. Come
and see us about these lots if you want a bargain.
The Bend Company
D. E. HUNTER, Real Estate Manager
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