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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Dec. 10, 1913)
r BOTH SIDES OF GOJ4TROVERSY OVER PATENTING OF CENTRAL OREGON IRRIGATION LANDS GIVEN Tho president of tho Contrnl Oro Ron Irrigation Company, F. 8. Stan ley, has mado reply to a recent edi torial In Tho llullcUn regarding tho patenting of Irrigated lands In tho O. O. I. Co. segregation. Ab this seems to ho n controversy between tho Irrigation cqjnpnny nnd tho stnto engineer, this paper BiibmltB here with oach side of tho matter, tho let ters of Mr. Stanley nnd John II. Lew is, tho Blato engineer, following: To tho Editor of Tho Uulletln: An editorial In tho Ucud Uulletln of November 26th. 1913. entitled "Water Flret. Sales Second," Bcems to represent tho popular mlsconcop tlon of tho Carey Act nnd of tho rights nnd duties of tho Desert Land Hoard and of tho Irrigation Com ranles. After referring to tho refusal of tho Stnto Engineer to certify certain lands for patent, tho Uulletln says, "Tho Central Oregon Irrigation Com pany desired permission to sell these acres, or to got a patent to thorn; tho State Engineer refused to make such permission possible, contending that the land should not bo offered for sale until thero was posltlvo aa- suranco both of a sufficiency of water to care for It, and that this water was ready to be placed on tho lands." Such Is not tho situation. The Carey Act provides; "When an ample supply of water is actually furnished In a substantial ditch or canal, or by artesian wells or reser voirs to reclaim a particular tract or tracts of such lands then patents shall issue for tho sanio to such State without regard to settlement or cultivation." Tho present State Engineer, who was formerly in the U. S. Reclama tion Service In 1905, fixed the nmount of water neccsary to reclaim the Deschutes lands at 1.8 feet, per Irrlgablo acre, to bo furnished dur ing tho Irrigation season. In tho contract between tho State and tho Irrigation Company (made In June 1907) the namo State Engineer pre nared and ntinrored the sneclflcations fnr ronntrtininn nf thn irri.tin.-ent aro lands adjacent to Hend. near , , .. , . .. I Redmond and tho Powell Hutto lands system, giving tho capacities or tho nnil aro nCarIy nll under contract Various canals, ditches and flumes, with settlers, or on which settlers which ho then estimated would bo ample to nupply 1.8 ncro foet to the land. Section 10 of that contract provides that bluo prints of tho maps, profiles, dnta nnd details of proposod construction, In districts of moderate nrea, shall be submitted to tho Stnto Engineer for his approval Hoctlon 11 provides that whon tho main canals and principal lntornla o. each district shall have been con structed In nccordnnco with approv cd plans tho Company shall forward a progress man to tho Statu Laud Hoard showing tho location and ex tent of such construction with n list showltiK aroa of trrlgnhlo and non irrlgablo lands on cneh 40 In tho dis trict; "upon approval of alien map and list of lands by tho State Land Hoard tho lands In such district shall thero upon bo open for sale at a price not to exceed tho sum Axed ns tho Hen for each 40 acre tract, nnd the party of tho first part shall mako no contract for entry or salo of any land or water rights with any settler until tho dato of opening of lands for sate by tho second party (Stato Land Hoard) aa above providcu. It will thereforo be Been that thn Irrigation Company cannot mako con tracts with Rottlers under Its contract with tho State until tho lands aro re claimed, nnd this same Stato Engin eer Is In practice tho man who dccldea tor tho Hoard whether the lands aro reclaimed so that they may bo opon ed for entry by settlers. Having thus certltlod to Uio settler that tho lands are reclaimed how can tho State Engineer v logically, refuso to make the certificate necessary to glvo tltlo to those settlors? Patent for tho land Is not Issued to tho Irrigation Company nor to tho settler, under the law it is Issuod to tho State; and tho Stato makes appli cation for It; publishes tho lists and makes tho showing which Is required for that purpose. When tho Irrigation Company has constructed Its system according to 'the specifications mado by tho Stato Engineer, and has delivered tno wa ter to tho land of tho settler It has performed Its contract and it has no concern, either under tho law or un der Its contracts with the State or settler, whether patent Is ever Issued. Hut as a matter of right and Justice. tho Irrigation Company has and will endeavor to assist tho Stato In get ting Its patent and tho settlor In gottlng his deed. The lands for which tho Stato En gineer -wnB asked to certify for pat- havo paid. In full years ngo and lands In which tho Company has no Inter est. Many sottlois huvo been on tho Innda over soven years and nru still waiting for their deeds, having lmld tho Company Its Hon In full nnd their lands hnvo been In cultivation for Borne yonra with plenty of water to trrlgnto said Inmlu. Tho State Engineer Ir doubtful of his own Judgmout, ho drondB purmin al respouslbllltlos worse than u cat dreads wntor. For n long time ho rofusud to certify to tho reclamation oi tho land whon tho first patonls woro applied for. To n question by Gov. Chnmberlnln ho said, "Yea: I havo Been the cnnnls nnd dltolics nnd the water (lowing In thorn, but how do I know It will bo thero next yenr?" Gov. Chamberlain assured him that If men proceeded on that theory nit business would stop and ho hesitat ingly mndb tho cortlllcato. Tho application rocontly mado to tho Stato Engineer was not for tho bonofit of tho Irrigation Company but for tho bonofit of tho settlor nnd of the Stato, and Instead of certify ing to nn nmount of land na reclaim ed for which there wns nmplo water ho refusod to cortlfy to any until tho nmount of seepage had boon settled. This Ib a question that will tnko years to determine. Tho soepago In n canal may bo nnd probably Is about the snmo whether tho canal la carrying quarter capacity or full capacity. Some leaks In canals will dovolop which aro discovered and caulked; tho longer wntor flows In a canal, as a rulo, tho less loss from seepage owing to hardening of tho banks, tho filling of crevices In rock by silt, etc. Now why should tho State bo kont out of its patents and tho sottler be deprived or his tltlo for years while a timid and vacillating official waits for average, experiments, observa tions and data which Is not necessary to determine tho fact as to eighty per cont. of tho land. If tho State and ottler aro to wait, then in tho namo of Justlco and fair play, put tho responsibility not upon tho (Irri gation Company, but upon tho Stnto Engineer whore It bolougs. Ho la tho man who fixed tho nmount nf water which would reclaim tho land: ho Is tho man who prescribed the alio of tho ditches; ho is tho man who approved tho construction and oponed tho land for entry. Now, It ho has mado mistakes. If ho has act ed on misinformation, or no Informa tion, let him nay so and benr tho conscnuonces. Ho has no right to chargo or Imputo fraud against tho Irrigation Company. And both set tler and tho public aro entitled to know whore tho responsibility lies. Truo, wo went Into tho wilderness, but not thereforo nnd necessarily nro wo to bo made tho scapegoat. F. H. BTANLMV; President of Contrnl Oregon Irrlgti tlon Company, We Want You to Know a fljPcrhaps yon may think, Mr. and Mrs. Christmas Shopper, that because this is a hardware store, car rying a complete line of goods, wo do not have ar ticles suitable for holiday gifts. But do not be de ceived: This is THE STORE THAT CAN FUR NISH YOUR WANTS. For your convenience we will enumerate a few of the excellent articles that we have in stock that would make gifts for man, woman or child. (TTFOR MOTHER An Aluminum Percolator, Table Grille, Sewing Machine or Electric Iron. (AND SISTER, might use a fine pair of Scissors, an, Oil Heater, or perhaps a few nice Dishes. DAD and BIG BROTHER, need a Saw, Hammer, Knife, Razor, Watch, and many useful things not mentioned. CfAND THAT KID BROTHER always wants a Sled, Watch, Compass, Gun, Tool Scti, Traps, Pocket Knife or Pair of Skates. CJSee our windovs for suggestions. fjf Only two weeks are left for you to do your shop ping. Come in without further delay and make your selection. We will assist you gladly. If you do put off your purchases until the last day, come here, for from our large stock you will be able to select something appropriate without trouble. Bend Hardware Company BOND STREET :v :; .:: :: BEND, OREGON i i ', - V To tho Editor of Tho Hullotln: I deslro to thnnlt you for tlio.cour toay In allowing mo to reply to Mr, Stniiley's communication at tho time of Ita publication, Whllo I regard very highly Mr, Rtnnloy'a oplnloim, l fiol Buro Hint ho Is trying to plnco tho blame on tho Blato engineer for withholding tltlo rrom Bottlers, when It Is very clear that It Ib tho fault of the Irrigation company. This whole controversy hns aris en from an appeal to tho board by Messrs. Howard and Stearns from nu anticipated decision by tho Btalu en iilnoor. No list for patent hna been Mtbtulttud na yet by tho company. Whon It Is, tho same will bo oXniu Ined and approved If tho tiirniH of tho contract of Juno 17, 1907, hne Leon compiled with. This appeal was mado on tbreo grounds. 1st. They objected to nuy nrbltrnry requtromonts by tho atnl engineer thnt tho bank should bo two feet above tho water surface In the cnnnls; 2nd, they desired that tho state engineer certify that lauds as reclaimed to tho full capacity of tho enlarged Contrnl Oregou canal, when rcvcrnl miles of tills enlargement would not bo made until next sea ton, 3rd, they desired that tho stato engineer bo Instructed by tho board to cortlfy the lands as reclaimed without regard to the question of seepage, that Is without regard to whethor tho canals would hold water to tho extent of delivering to each settlor tho amount specified In bin contract. To tho first proposition tho state engineer replied that two feet of bank on a largo canal was lit tlo enough, and that for smaller ca nals no arbitrary rulo could bo adopted; 2nd, that notwithstanding sutnclent notes woro on hand to In sure such enlargement, no certificate would lie mado unless tho satno was amended to conform to tho facts; 3rd, that no certtficnto of reclamation would bo mado unless tho cnnnls were constructed of tho capacity re quired In tho contract, and silted Up. or leaks In rock cemented up to such an extent as would Insuro thn deliv ery of 1.8 acre feet of water during the required 90-day period, to ull lands heretofore patented ns well as to those Included In tho new Hat for patont. Tho federal rules, which aro ss binding on the stnto as the orlglnnl act, provide that "tho affidavit (form 7) Is required in order to show com pllnnco with the provisions of tho Inw, that an ample supply of water has boon actually furnished In a sub stantial ditch or cana.l for each tract In tho list, sufficient to thor oughly Irrigate, nnd reclaim It, and to prepare It to raise ordinary agri cultural cropB. A scparnto statement by the stato engineer must bo fur nished giving all tho facts as to tho water supply, and the nature, loca tion and completion of tho Irrigation works," If this certificate could bo changed to read as follows, "that tho state engineer has exnmlned tho land des ignated In tho foregoing list, and that on ample supply of water may bo fur nished at soma tlmo In the future If tho settlors silt up tho canals and ce ment up tho leaks whoro porous rock Is encountered," I would not hesi tate one moment in slgn'ng tho cer tificate. Or If tho settlors aro will Ing to surrondor their contracts nnd the board designates a loss amount of water as being sufficient for the reclamation of land, I will llkowlio cortlfy tho namo ns reclaimed. In tho settlors' contracts "The company agrees to furnish and deliver tho wn tor In the amount us herein mention ed." T will cortlfy tho lands as re claimed when It appears that such water can bo delivered. Lands aro opon for entry and snlo by tho board (not tho state engi neer) when tho main oanals and lat erals aro built, and without regard to reclamation, or tho construction of farmers' jatoralH. These aro built as tho lands nro sold. Beet Ion 19 de fines tho dato of reclamation as tho tlmo when water la furnished avail able for such lands as shown by the certificate of tho stnto engineer (form 7) to tho Secretary of tho Interior. Mr. Stanley is clearly In error whoro he statos that tho state engi neer determines whethor or not lands shall opon for entry and sale. Tho Powell Hutto district was opened for entry nnd sale, over tho protest of tho Btato engineer's department upon tho ground that tho Control Oregon canal was of Insufficient oapaolty. Mr Howard gave tho board his porsonal guarantee that no lands would be sold. If opened, until tho canal was enlarged I hnvo never been nblo to boo any reason for such hnsty nnd po cullar action, unless It was to socuro a mechanic's Hon, ouporlor to bond holders and other creditors, by vlr tuo of tho Howard contrnctowhlch provldod that Mr. Howard was to receive from tho company $17.60 por aero on all unsold lands, $10 of which was to bo paid "whon and as soon as tho oamo aro approved for sale by tho State Land Hoard," bal anco When lands aro sold to settlors. Undor such view this premature opening of 8104 acres represented a deal of 181,040. Later the board opened tho Pow ell Hutto lands for salo under a plan whoroby notes or cash equal to threo fourths of tho Hen prlco woro to bo doposltod with tho board. Instead of tho state engineer be ing doubtful of his own judgment) and dreads responsibility, tho record appears to Iridlcato Just the oppo site Mr. Stanley states that, Jtfor a rr . f7 KTasuonaula ZUrcssma Voael ting and ' uadlcs ualorint , Writ 'MtaitanaM you Wntrontiy 'ttptftfuttv Snttelhtt Wit A ssltannicim ? s long tlmo tho stnto onitmcor refused to certify tho reclamation of. land when tho first patents were applied for" This latter chargo Is admit ted. At that time tho company at tempted, through a campaign of In timidation, to forco tho statu engi neer to certify that 77,000 acres were thoroughly reclaimed when only 10 tulles of tho main Central Oregon canal was constructed. Much of the land was 10 to 20 tnllrs distant from such canal or Its laterals. Hy certi fying only 24,000 acres of such amount, tho company wns compelled to continue construction work. Its lleli or pny for doing tho work docs not bocomo "valid on nnd against the separate logwl subdivisions of th) laud reclaimed" until the stnto en gineer certifies as to the fact of re clamation. With a board It Is Im possible to place responsibility on any particular member. In this case tho Secretary of tho Interior depend on tho certificate, of tho state engi neer alone. The lattor Is not afraid of tho responsibility, nor trying to shirk his duly. When the contract la compiled with, certificate will bn made and no amount of Intimidation will offeot his Judgment In tho mat ter. In answer to Mr. Stanley's refer onuo to n portion of omu conversa tion with Governor Chamberlain, which Is probnbly Intended to dis credit mo, I wish to quote from a statement signed by Governor Cham berlain, Beorotury of Stato Dunbar and Treasurer Moore, published on pago 6 of their 1907 report ns fol lows: "Mr. John II. Lewis of Portland was recommended and appointed stnto engineer nnd his kuowlvdgn of Irrigation matters has mado him u valuable adviser of tho board, and It Is to be regretted that tho law ao coptlng tho Carey grant did not pro vide for the aptxilntmont of a stato engineer, as It would havo saved a vast nmount of controversy nnd trou bio. and aorao mistakes." It should bo remembered that lands aro oponed for sale when tho ImiKirtsnt canals aro constructed of adequate site, and that lists fpr pat ent cannot be approved until -It Is shown thnt such canals will deliver the required water at or within ono half mtlo of each tract. JOHN II. LEWIS, Stato Unglncer. WHY NOT SIM "SEE CENTBILJBEGBN" PUN? Kecretary of La Pino Commercial (Hub Hend lottrr In Development league Urging Hucti Action, Tho following letter Is self-explanatory: J.a Pine, Oregon, Docombor 7, 1013. Mr. J. W. Hrewor," Secretary, Contral Oregon DoYelopmeiit League, Itedmond, Oregon. My dear Mr. Ilrowor: Of course you have observed in tho press tho activity of Western Oregon) notably tho Hoguo river and Umpqua river valloys, In tho matter of diverts Ing, for n tlmo at toast, sumo of the travel to tlie I'anama-racinc Kxposi Hon at San Francisco In 1910. Ash land, Medford, Orants Pass, Hose burg. liugono. Hnlom and other com munltles on the western sldo of thn Cascades, have, upon the Initiative of Tom Itlchardson of the Portland Commercial Club, started what (hoy call n "Boo Oregon" plan, one of tho principal features of which Is to bo an exhibit at Ashland, the gatowa) to Oregon from tho south, on tho lino of tho Southern Pacific at least, which oxhlbt Is to bo "stato-wlde" In character, as Is ull other publicity connected with tho scheme arantlng to Mr. Itlchardson nnd tho communities wost or tho Cascades full credit for conceiving such a rntn palgn and tho nusplctouR opening thoroof which hns beon accorded It west of tho Cascades is it not tlmo that Contral Oregon was awakening to Ub opportunity? Our commercial organizations hero hnvo had Invita tions to Join with tho towns west of tho Cascades Iif this "Boo Orogon" movqmont. Perhaps tho fact that wo wore not sufficiently roprosontod nt tho various moetlngs has boon the causo of tho Hoguo rlvor valley se curing tho headquarters of tho move ment at Ashland. It Is qulto a trip from Contral Orogon to Rosoburs or Ashland, and by tho sarao tokon it Is qulto a trip from Ashland to Con trnl Oregon, Attributing to tho lh stlgators or this movement tho pur estmotives and, with a slncero bollof that nt the Ashland exhibit .-tint In other publicity connected therewith It would bo tha Intention of Oioho in chnrgu to glw) to the wholu statu fair nnd equitable treatment Is It not reasonable to Miipposo that t:iu Hogite, Umpqiin and Wllllamettu vulle would socuro the lion's share? Is It reasonable to think Hint n limn ('un ited nt Ashland receiving thntiph ho may tho most glowing words or prnlio for Contrnt Oregon would be llliol to come to our country? pf course, might get hi in on his way bnuk Irom the fair, and then wo mlfcht nut. Tho Dalles possones nttrncttunn. which', perhaps not or such n nature nn thoso or Ashland, are novnrlhvlesa worthy of conaldoratl.nu Mont of tho rending public hns hoird of tin wonderful fruit u'strlct or Thu Dallrs nnd Hood Hlver and vlc'nlly, mom or them have heard of h(t ninitiilficeiit scotiery to bo encountered i'l the trip up tho Deschutes vnlle, mid then surely are few who have tiut ho,rd or thnt great district cal'ud 'CVturwl Oregon." Why would not a sto.Miver at The Dalles ns the Juiiiilon point i bo worthy of the consideration of Him people of this section of thu atii'i Wo could establish nt Tho Dalles mi exhibit that would bo qulto .W ai tmetlvo ns any they eould mnks n'-Aahlaud- In fact, as wo nll Ksirv. the biislueiM men nf The Dalles Imvi already n fine exhibit nt thu utun thero. This Idea has doubtless cur red to many persons In this dis trict, recently, nnd. although 1 hvH not seen any montlon of tho matter In our pro. I am not claiming hh" honors of discovery, but simply ttv my Ideas to you with the hopo that our league and Its friend insy gel busy nnd see that Central Oregon guts. Its full sharo or publicity in wih uectlon with this "state-wide" move ment to attract tho attention or tour ists during their Journeys to and rrom Ban Francisco In MIC. If wit nro, to do anything, wo must start now, K. II. HILL, TELL US OVER THE PHONE WHO EOE.3 I mJ mmyouR llBBBBBBWSg&53&f Willi SUNDRY l Thn split not wk's wsih, Compsrs cur UJf with tb other WIqw'b. That's alt LOW PRICES, BBTTBKSPRVICB Bend Steam Laundry. MAHKirr HHPOHT. NOIITH PORTLAND, Dec. C Receipts for the week havo been as follows: Cattle 1404. calves 18, hogs 440S, sheep 3173. Cattle liquidation has been ex tremoly light during tho lost six days due to tho coming livestock show. Demand for prime heavy steers Is very strong; prices are generally 30 to SO cents higher than tiiey were u week ago. Host grade steers are sell ing from $7.00 to $8 nnd medium grades at $7 to $7.50. Thn butcher cattlo division shared In tho advance of beer prices to a limited extent. Bupply was limited and quality not of the best. A few cows at $0.10, heifers at $0.76, bulls nt $6. So and stags nt $0.60 aro a few top sales In this division. Tho hog market la probably 6 to 10 cents Htronger, prime stuff selling at $8 In bulk and a few cholco loads at $8 Ofi and $8.10. Liquidation was about 26 to 30 per cent less than for tho previous six days. Outlet for good hogs Is broad. Bhecp liousa condition showed very llttla change There Is n good sale prevalent .for fat mutton nnd lambs, but buyers seem to bo shading bids on tho ipoor grades. Kn nor yearlings at $5 and lambs lit $C.GU were oxtromo sales, Choloo selling owes are not offering. ' Put Your Duds In Our Suds" T ( $