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Tllk nk.VI) mrMiETlX, REM), OIIE., WEDNESDAY, AI'IWj 12. 1010.
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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 .
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r
It vttrlotlcf;. W-
f'
It.