HLH,.JOf:sffi PIT PAGK 4. Tllk nk.VI) mrMiETlX, REM), OIIE., WEDNESDAY, AI'IWj 12. 1010. ' ISPJ ; Por cs a tl I l 8 I "S . 'fi P if t The Excess Acreage Question OI-TIClAIi STATEMENT IU:i.ATlVE TO IMPOKTA.VT UKWh IMtOH- J.EMS AH .SUIMITTED WITH I'ltOIHMKD ClATI: IIII.fi TITLE TO 1 T,.-10 ACHES INVOLVED SALEM, April 10. Helow Ib the lull statement prepared by the Dms- ortLand Hoard covering the excess acreage rjueatlon on Central Oregon Irrigation Company lands, as sub mitted by the Hoard to Congress ac eeiHpanring the proposed bill to con firm titles: The excenK ar.rage. to called, oe vuirs In Oregon segregation list So. . This IUt wai approved by the question la Involved. As heretofore stated this acreage Is upward of 17, 000 acres. Much of this land has been patent ed to the state and deeded by the State to the settler. However, there still remains a considerable area which the State has not deeded to ac tual settlers and which with the knowledge that It may be conveying a defeasible title It cannot properly deed to the settlers. It Is probable that the controversy could be ad justed If water rights could now be purchased from the company at the same1 rate as was originally paid. However, the Ilea price has been fncreared from 1.75 per Irrigable ; How to Live Long Department of the Interior February 13, 1M, while the contract bctwpfnjaqre ($10 per gross aero), Co $40 the State and the I'llot Iiutte Devel-jpor Irrigable acre and the canal ea opraent Company, predecessor hi ln-;paclty Is Insufflc'ent to furnish water tereat to the Central Oregon Irriga-j for tlteee lands. tion Contpmo, -ns executed May 31,1 Under the.e conditions it seems 1002. This rontrrct fixed the ag-l Imornctlcal.le. If not ImDOMlhle. tn gtftgate Hon en the land rt JSlS.of.T, or apiirflXfrartely 110 an acre for the total area In the segregation. This Han wis later apportioned to each fort aere truct or thfr legal snb- ulvlMot' in accordance with the num ber of Irrigable acre such tract was uppoKHl to contain. Ilowovor, rt th t!m: of making tlihi apportionment no actual survey of tho lands had been mrde tnd the classification as to Irrigalde area was made from a very rough estimate. I Later a topographical survey of these lands was made and it was found that many of the tracts contained a liVKor number of Inlgnble acres than Hint shown by the original estimate. I ho dliforonc between the acreage In oaoh tract shown by the original estl. mate and upon which the Hon was fixed and the actual Irrigable acre age as shown by a later topographical mirvoy of these tract Is what Is what is known as the oxcoss acreage The oxceas acreage in Itself amounts to 1, 258 acres. However. an (Hlit acroign forms only a small part of the forty acre tracts or legal HUbdlvlslotm in which It lies, it affects tho tltlo to approximately 17,500 noros. It Ih obvious that this o.uos tion arises with reference to only thoso lauds which were sold to actual twltlors prior to the making of the topographical survey It Ih, therefore. In avorr case held by the Carey Act BOtllor. A large part of thexp l?nil bam secure water rights for the excess acreage and if such water rights can not be secured, It would appear that the settler must either be dispossess ed of his land or hold the same under a defeasible title And furthermore, that the secretary of the "interior will not patent to tho Stato any addi tional lands in which the excess acre age, question is Involved. Tho holders of those unpatented lands will, therefore, be unable to get even a defensible title to the same. It Is suggested, therefore. that a curativo Act bo passed by the Congress of the United States con firming In the State of Oregon the tltlo to those landB patented to the State of Oregon Involving the excess nncrin tm. nmatln ...! .,iLn.l.l il.. af i'ii7i q .. . 7 . . .u S . Formation of Irrigation District to Ik I nlted States to patent to tho St-ito of Oreron tho remainder of the lands Scrutinized. Included In this class whenever the (Deschutes V'allov Tilbune.) provisions of the Carey Act shall in Contest proceedings have I eou other respects be substantially com- brought by Hiram Links, George II d plled with. (man, Perry Henderson, Ueorge II Under the title 'How to Live .Long" the Metropolitan Life Ins r ance Company has -recently issued a little booklet written by Professor Irving Fisher, of Yale University. The booklet first states the 15 rules of health and then under each rule gives simple directions for follow 'ng them! Permlnslnn hn liaon ctvan a- prlnt these directions and they will ' appear in The Hulletln beglnn'ng rcxt week. This week the full 15 rales- of health are given as follows: Air. U) Hare fresh air where you 1 ve and work. I 2) Wear light, loose clothes. 1 3) Spend part of your time In tin open air. H) Have lots of frosh air where) you sicop. " (5) Iiroathe deeply. Food. (6) Avoid eating too much food '7) Do not eat much meat and eggs. (8) Eat various kinds of foods () Eat slowly. Hiiblts. (10) Have your bowels move each day. (11) Stand, sit and walk erect. (12) Avoid poisoning drugs. (13) Keep away from "catching" dtaeases. Activity. (14) Work hard but play and rest too. (15) He cheerful and learn not to worry. canvass of the votes because no proof ( of publication of the election notice had been filed. That the election was j held in precincts, the boundaries of i which were not properly designated. That the election was not conducted In conformity to the election laws of Oregon. That 5S Illegal votes were I cast at said election. NORTH UNIT CONTESTED El) WEIGHT OK UNION COUNTY. Kcpublican candidate for Public Sorvlco Commissioner. Some of the reasons why he should expect Kcpublican votes at the com ing primaries. A Inna fide and continuing resid ence In Eastern Oregon for thirty eight years. (JJorn in Union coun ty.) A record for honest, consclentlo is and efficient service In public office. A consistent Republican. i reputation for good Judgment', fairness and honesty. An Invitation to tho public to In vestigate by reference to any rep utable farmer, banker, merchant or other business or professional man In Union county. His platform; "Conscientious ser- vico to tho Stato nt nil times, de nrndlng absolute fairness." Adv Let us help you save a little on your grocery bill We are putting in u fresh new line of Groceries, and will sell them to you just as cheaply as possible. We can do it. With Groceries js in all other things we will follow our sell-for-less policy. OUR NAME IS OUR GUARANTEE ,Lhe a m MFnri 233133333 OUR NAME IS OUR GUARANTEE Oregon Transfer Company OFFICE LOO CAULS' COHNER. Phone Pluck 151 Mo Ins Household ' Conl and Wood Goods Our Specialty Light nnd Heavy Freight E.VI'ItESS AM) 1IAGGAGE AUTO THTCK .MOVING ANYWIIEItE YOL'It ll.VGGAGE CHECKED AT HOME It must bo borne In mind that those lands are now occupied by actual set tlors who have In good faith done everything within tholr power to comply with tho provisions of the Carey Act, nnd that the present con troversy nrlsos out of a misunder standing and not from a- desire tn avoid the statutory requirements Thoso landB have been been culti vated, Irrigated and occupied, and this wo submit. Is a substantial com- pllnnco with tho provisions of the been patented bv tho United states Caroy Act, and the fnlluro to to the SUite of Orogt n and for most of tho remainder the Stato has ro ituodtgd patent nnd the lists nro not pending bofore the Intel lor Depart ment while approximately 200 ncrea nre not Included In pntotit lists or llU for patent. A detailed ilosorln Hon of tho laiidH Involved showing oacli lognl siihdlWslon, its Irrigable una nun tlio name of tho settlor on tho snnto la attached hereto. . Many controversies havo arisen be tween tlio Company niil tho settlors tin hoo IuikU rolntlve to tho deliv ery of water to the same mil In throe (twos befoio the Circuit Court which Wore not nptmnlod It was held that the Company was required to deliver wator to the total Irrigable nroa In uauh tract. Hailed upon these eases and tho opinion of the Hoard that the provis ion or tho Carey Act would lie corn, plied with, patent lists woro submit tal to the Department of the Interior and tt4ln Issued to tho sotlerti upon the complutlon of their rontrncta with the oriistritctlou company and the oompllaucit with the requirements of tho Deit Laud Hoard relative to rMlniiiutl.iu and settlement. How over, In tho case of tho Central Ore Hon Irrigation Compnny vs. Whlted, appealed to tho Supninio Court, that Court hold that Whlted. a settlor, was entitled to tliu dullvory of water to only tlio ncrongo shown by tho original ostlinnto tn be Irrlgablo not withstanding tho fact Hint n much lurgur uriNi wan nctuully Irrlgablo. lift Pao. Pago 815. On Juno 30, 11)15, tho Commit loiior of tho General Land Olllco In n letter nildroHwd to tho Governor or Urnguii called nttontlon to tlio fact Hint under tho terms of tlm Caroy Act tlio on tiro Irrlgiblo area In each for ty Mere I nut or munlloMt legal subdi vision must bo rncluliiiod and have appurtenant thoroto n valid water right. In dismissing UiIh matter the ConiuilHHloner hhh: "It iIiioh not loom pecessary nt tho irsont tln.r, 'i-wrvor. to requost n rn.oiivoxiiiro or tnko other stops tcoliliiK lowurd tlio rovoHtlng In tho United Statin of tho legal tltlo to such truetft. hIiico it null piny bn that tho iintlro nuittor cnu bo ndjustnd, an nd oqunto water supply for tho untlro lr ilgablo ima of every patented logul Kiibdlvlslon asmirod, nnd ultimately tho sottloment and reeliiumtloii of tho liuiil Hoourod, and thus tho object of tho Caruy Act bo accomplished, In which ovont, of courso. no istops looking toward tho vncntlon of tho urronoonBly ImuoiI patent would bo ,ijflcosry. '.Tho mutter la called to your nttontlon, honovor. m that tho State mm not trnuvfor llui (Infomtllile' TukkI tltlo. uiiIomh nnd until an ndo HUHto water supply ror tho particular HiilidlvlsloiiH In question nlmll huvo boiin becurod." Tho attltudo or tho Dopartuiont of the lutoilor louulrlng n strict oom ullnuod with tho provisions of tho (Joroy Act In this particular renders tluftaslblo tho sottlor's title to all lauds In which tho excess ncrongo pasa tho curntlve art suggested will rosult In Irroparnble Inju-- to this group of actual Bottlers. While, Claud G. Itam3e. Walter S. Williams, J. H. Homey and II. Dum bro as tltlo holdors and elcc'orV against A. D. Amlorson, Harry W Gard, Fred Fisher, John Henderson and P. X. Vlbbert, ns directors, and It. W. Androw, ns treasurer of the Xorth Unit Irrigation District. It is complained that tho countv court had no nuthority to make an order for an election as no proof had been presented that tho petition had boon signed bv so or nnjp other num ber of title holders. That tho county court had no nuthority to make a HEAL ESTATE THA.VSI'EHS. NsuimI by Crook County Abstract Co Anna H. Hnrrlgsn to Hrooks Scanlon Lilmbor Co., Its 2-3-1, 1-19- l- Hi2G. ' J. II. Hell to Soattle .National Dank so 10-17-12. $130. Ilenil Park Co. to Hnnnn Hodes It. IB, blk. 122, 1st ndd Hond Park. $200. Peter Grogonron to A. L. Stevens It. fi, blk. in, Park ndd, llond. Tho (lend Co., to O. a. Jones, Its. 1-2-3-1-5-0, pt. 7, blk. 13, Iiond, $5100. , Sheriff to llend Flour Mill Co., pt. it w no 8S-17-12. The (lend Co. to Hond Park Co., It 12. blk IB. Center ndd, Hond. . J Ilynu & Co., to Joslo Gllmore pt. Its. 1-2-3, blk. C, Kenwood Gar dens, $1SK. Imperial T. Co., to O. C. Payton Its 17-18, blk. 30, Imporlnl. F E. Tlmpko to W. J. Shannon. lt. 7-S-D.-lilk. 11, Doschutos. $400. Hond Park Co. to II. Stelnbock, It. 1, blk. 13, Hond Park, $170. Hond Pnrk Co. to II. Stplnbock, It. 12, blk. 08, Hond Pnrk, $100. llend Pnrk Co. to same It. 4, blk. 122. 1st ndd Hond Pnrk. $200. F. II. May to U. 11. White, Its. 3-4. blk. 3, Kenwood, $200. Kenwood Pro. Co., to J, Evan & Co., Its 9-10, blk. 11, Kenwood. Tho Hond Co., to II. M Smith Clo thing Co., Us 9-10, blk. 12, Pnrk add Hond. 11. M. Smith Clothing Co. to J. P. Dion, same. Ko'iwood Pro. Co., to L. M. Hnnor Us. 7-S-9-10. blk. 10, Konwood. Kenwood Pro. Co., to Hoy Whlto Its. 11-12, blk. 12. Kenwood. Alex M. Drnko to Aug Nelson no4 It 3, blk. 10, Hond. 11550. (c. I Tho American Hakcrv nnnouncos tlmt it tins begun to make Ico cream and Irom now on will havo it for salo at nil times to hotols, restaurants nnu private ramuics. adv NEW BENDPRODUCT Flour ,A PutK Out nkil 11) o, n llionkfiiki (Vrvnl, Deschutea Ilyo Flnkoo Is tho naino of a now breakfast ceronl JtiBt put out liy tho Hond Flour Mill Company Mnniigor Kroenort and tho company's mlllor, Potor Kohllold, hnvo apont n ovmtldorahlo portion of their tlmo for uiu 1'iihi uiiirui iiiouiiih in worKtng on tho ccrer.l mid havo flnnlly pro duced this now broakfnst rood which is oNpocted to becomo vory popular Tho corenl Is linked rye and can bo used either ns n bnnkrnst rood or to muko broad. It Is put up In a neat jollow card board packago carrying a picture of Honhiim Falls which has become wall known In connection w'th this company's products. It Is on anlo at nil grocers In lend. Iy CObfo rSerSay "Tuxedo is a good, pure, mild tobacco and makes a wonderfully pleasant pipe' smoke." Many Famous Athletes men of mighty muscle and keen brain, testify that they smoke Tuxedo with never a trace of tongue-bite or throat-parch. That's partly because Tuxedo is mellowed by ageing in wood fromAr?? to five years. Ageing is only the.beginning thebigthing isthefamou9 "TuxcdoProc css," that nobody else can use. cTukedo Tht Pufxl 7V&ace ft P nJ CifnU Right ageing makes Tuxedo mild, sweet and delicious -the often-imitated -but -never equalled "Tuxedo Process" makesTuxedo the mildest, cool est and most delightful of all tobaccos. One week of Tuxedo will make vou its lifelong friend. Get a tin and smoke it. You can buy Tuxedo everywhere Pouch 5c Fimout gtctn tin 10c Tin tniJin, iOt anJiCc. Ih Glau HumiJtrt, 0anJ9iC. THE AMIRICAN TOBACCO C0MPAT7 ImoneyI to loan j in sums from $250 j to 25,000 on farm i hinds, 0 to lOyenrs time. Rensonahle J rates, prompt ser vice. J J. RYAN, CO. I Bend-Silver Lake and way points MAIL, FREIGHT, and PASSENGER. SERVICE Walter Coombs, L D. Fox, Pioneer Auto Stage and Truck Co. SUCCESSORS TO WENANDV LIVERY CO. in YOUR KITCHEN. COOK WITH electricity Bend now has the Lowest Electric Cooking Rate in, the State. Cooking and Heating Meter Rates First 100 K. W. H. in Any Month 8c per K. W. H. Next 100 K. W. H. in Any Month 2c per K. W. II. All Over 200 K. W. H. in Any Month, lc per K. V, H. Effective April 1st, 1910. WE HAVE ELECTRIC RANGES, from 840 up which we sell on easy terms. i BEND WATE UGHT & POWER CO. Phone 551 " w . m .;. : r It vttrlotlcf;. W- f' It.