THE BEND BULLETIN. nENDf OREGON, WEDNESDAY' AFTEHNOON, NOVEMBER U2, 11)1(1. no. :w. 'VOIi. XIV. ' - . i ' " " -: i i ii iii ill U U. I. HffllilNb IS TOMORROW TO DISCUSS REPORT OP AUDITOR Vo Armoiid'M Brief for Water Umts Filed With Public Service Com- mission, Request Active Steps by That Body. (8pecliU to Tho Bulletin.) SALEM, Nov. 21. On Thursday Ml) Portland will occur one of tho do clBlvejrounrts In tho long fight of the 'C O, I settlors to have tho Central Oregon Irrigation company brought to time by the Public Service Com itulMlw ot Oregon. ThavCominlsidon at a hearlnc on Thursday, will listen to final objec tion on tno part or Attorney Stearns of the, Company, to tho report of tho stata'S'.audltor which has bean sub mitted, to the Commission after his Investigation of the Company's books and rocords. Presumably, Mr. Stearns will try to have changed cer tain details ot tho roport before It is admitted nil evidence to bo acted up on by tho Commission. Tho water users'- attorney, Harvey DeArmond, ot Hcnd, has already signified his .satisfaction with tho report as It now sands. Following this last sparring, the Commission "will get down to bus iness" nnd will mako Its tinnl first hand Investigations. Thereafter it -will lssuo such orders as It sees (It, -And it remains to bo seen whether or not the Company will abldo by them or attempt to fight tho mattor furth er In tho courts. Tho brief of Mr. DeArmond for tho '.settlors, has been received the the Commission. It is n lengthy docft- '.raent of 32 typewritten pages. Tlio main portion Is taken up with discussion of tho Company's efforts ovauo action on tno part of tho .tile Service Commission, on tho 't inds that it, tho Company, was i puuic service corporation. Last 1 It 11111 Yt WAJin I I nil Ikn rivtn r?,?a-,t,nlpl to .thu Supremo Court ;;"?iIt of pAhlbltlon to restrain ;, '.amission from Investigating PbortT grounds. Tho writ was I 'M hnl.mniiil nltna A.li.ii.ttiiiJ ... I'uniuiuim VHVa VAIIHUamu pus why tho Company properly bo considered as In a. public ser- buslncss, and tbereforo subject the jurisdiction of the Commit) in. Many authorities and cases nro 'quoted. In tho conclusion of tbo brief. Mr. DeArmond says "this brief fully demonstrates that tho petitioner .herein Is a public sorvlco corporation, subject to tho Public Utility Act." "Tho complaint filed by tho Water ' Users' Association," the brief con tinues, "sets forth tho fact that tho corporation is not applying tho main tenance fees to tho upkeep of its , jDiant, It further sets forth tho fact Unat tho system Is to be turned over to the Association about Juno I, 1917, when tho contract of tho cor poration with tho stato expires, Ap- trontiy tno company boltcves that It can escape, by resorting to tho irt. any action by tho Public Ser- lo Commission until after June 1, LIT, It will therefore escape from ilring Its flumes and ditches." )thcr allegations are that, accord- t; to tho report of John Dubuls ot Stato Engineer s offlco, tho Com- my his sold some 14,000 acres In less of tho carrying capacity ot the finis nnd ditches. Either lack of ter or inability properly to control distribution Is blamed far short- (Contlnuea on page S.) ' I a I -w I Ik 1 V m t M I imSrTifiiisi''sh- iP jMmrKnWitiffi tfMMjffnwlii r i ffBliitttfWi'tsTTliNiMff'ri rr-- j ffe ii?QiMflift ciiff ' WBIaflliSPBKB FEW ATTEND REBED LECTURE GIVEN HERE LAST SATURDAY Piofcwtor Gent-go lichee, of the L'nl crsity of Oregon, Gives Inter esting Address to Citizen. Tho third of tho series of lecture's given under the auplces of tho Parent-Teachers' Association, was held last Baturday evening In tho Baptist church. Prof. Gcorgo Rebec, of the department of Philosophy of tho Unlrcrslty of Oregon, was tho speaker. Ily one who attended the meeting tho following report was give not tho meeting: It Is more than a pity that lees thas fifty people were present at tho third ot the series of community lec tures held ot the Baptist church Sat urday. Such a ringing call to our city in the making, such a solemn warning aglnst our point of greatest weakness should not pass unheeded Perhc;s n brief echo may not be out of place. Prof. George Robcc. of Eugene, wns the speaket. His subject, "What tho School May Mean to tho Average Community." In reality, ho spoke on what Bend must bo and do In or der to toko her place as a real leader among tho now 20th century cities. allfl hnW thn nrlmnl ftnn mm.i .... cither help or hinder her in realising HUB IUUUI. This city, now building, is work Inc in n new nirn with nnu mi-nindnim and now factors making for a new now kiuci or success or failure. Tho European war is a culmination, a smashup of the old, a terrific im petus toward tho new, toward de tow ard tho right of tho laborer to n freer life, and to tho Joy of living. After the war, labor will bo n tro mondous premium and will find means of coming Into Its own. Tho city which recognizes this. Which nlflllA far n u-nrlHni- .nnl.n. in citizenship, for a new agriculture and a now Industry based on coop oration nnd scientific research, most of all for a fuller, rlchor community life, for thinking together and play ing togqthor nnd working togethor for non-material ends such a city wo rauBt havo, oven for mere material success. Wn ITIllftt tnnlr nn nit aKlmnln ... merely as a preparation for llfo, but nH n "noemnnt rr llfn" u. ,....,... succeed without schools which point mo way, in a practical sense, to tho now agriculture and tho now Indust ry, to the now need of Imllvlilnnl In. telllgenco and responsibility In civic ui micro, most oi an, perhaps, to Arae?ICa' craalOHt nunl nn hvhIiimi. Inc to tho real lovn nt living- in n life beyond and above tho mere mass ing of material wealth, which wo do not oven know how to onjoy. In many respects tho employer and bus iness man is almost as much ot a slave as tho laborer. To hove Buch schools, wo must havo tho courage to glvo thorn a free hand and make, them a real center of our community life. They must bo so woll supported that they may become laboratories for scientific In formation having a real practical bearing on our agrlculturo nnd our Industries; they must bo freo to point out In their civic teaching not only tho good but also the bad, In actual civic and political llfo of our city, to touch oven on our sorest spots. Most of nil, they inuBt bo so big and ho broad thnt manifestations or tho now llfo of the spirit, tho now right to play and to think nnd to feel townrd which the laborer (as well as tho rest of us) Is yearning and which ho will soon bo domandlng that such manifestations may become Intlnlto ly moro a matter of civic prldo than any heap of stone and mortar, how over costly and Impressive. HOLD CAFE MANAGER Chas. II Hudson and Lorena Alloy were placed undor arrest Thursday morning by Chlof of Pollco Nixon, and were given u preliminary hcarlsg Friday, charged with lewd co-haul-tatlon. They were each put on J 1C0 ball to appear beforo circuit court. Hudson is manager of tho Bend Cafe. Up. .esman. V DESCHUTES COUNTY WILL DEMURRER IS FILED TO COMPLAINT ENJOINING CLERK BROWN FROM CERTIFYING FIFE PRE ' CINCT RESULTS BROWN SAYS LAWYERS WHO FILED PAPER NOT ENGAGED TO DE FEND HIM ORGANIZATION IS EFFECT ED TO SOLICIT FUNDS AND FIGHT CREATION OF NEW COUNTY. Tho present situation of the coun ty division matter Is as follows: Wlllard H. Wlrtz, N. G. Wallace and M. R. Elliott, ot Prinovllle. havo tiled a general demurrer to the com plaint against County Clerk Wnrrcn Brown on which he was temporarily enjoined from certifying the results of the county division vote In tho Fife precinct. Without going into the technicali ties of legal phraseology, a demurrer maV be described as saying that tho complaint does not state sufficient fads on which to baso n rase. In other words, Messrs. Wlrtz, Elliott and Wnllaco assert by their demurrer that the complaint In which the facts of tho Kite voto arc set out do not constitute a cause of action. Hearing on the demurrer will probably take place tomorrow. If It is sustained it will bo necessary to nmend tho complaint or tile n new one; if it Is over-ruled tho defend ants will probably nsk for permis sion to answer, after which u hear lnc on the merits of the case will bo held. Something In Woodpile. The demurrer filed by Messrs. Wal lace, Wlrtz and Elliott purports to be filed on behnlf of County Clerk Warren Brown, tho defendant In tho cane. Over the telephone this morn ing, howovor. Mr. Brown assured n representative of tho Bulletin that ho had nothing to do with tho mat ter. According to his statement, tho demurrer was filed without consulta tion with him. Mr. Brown's only wish Is to see tho matter cleared up. He agrees that tho facts as to tho Fife voto ennnot bo disputed and ho bus no destro to do anything which will delay a settlement of tho case. Air. Drown stated that Mr. WJrtz' name was Blgned to tho demurrer, In his capacity as a private attornoy, and not as district uttoruey nnd also that he had not employed Messrs. Elliott and Wallace to appear for hlra. Following tho conversation with Mr. Brown, Tho Bulletin cnlled Mr. Wlrtz to nsk for whom he appeared in tho proceeding and was Informed that he represented Mr. Brown, tho county clerk, and that it his title of district attorney had been omitted from tho demurrer it was the mis take of Messrs, Wallace and Elliott, who had prepared the paper. When asked If Messrs. Wnllaco nnd Elliott had been employed by htm to assist In presenting tho clerk's case, Mr. Wlrtz said, "No", I ftir. wirtz was tiuubio to say whom Messrs. Wallace nnd Elliott appeared for, If not for Mr. Brown. Later Mr. Wlrtz called up to say that If Mr. Brown had given the Im pression In his talk that ho wanted the case to go by default he did not mean It, that ho wanted an appear anco entered for him. Mr. Wlrtz was told that if Mr. Brown wished to mako a statement it would bo printed exactly as received. Up to tho tlmo of going to press no state ment had come from Mr. Brown. The Ileal Parties From statements mado by both Mr, Brown and Mr. Wlrtr, as well as from Information from other source. It Is understood that tho actual fight THE SHEVL1N-HIXON COMPVv:w T AT BEND 1 FOUGHT III COURTS against Deschutes county, nsldo from what Mr. Brown claims to be norely nominal defense on his behalf In tho present suit, Is being mado ns n ro suit or n decision reached at n meet ing held In Prlnevlllo Saturday night. According to reports from Prlnevlllo thcro were present nnd taking an ac tive part, J. J. Elllngor, Denton Bur dick nnd J. It. Roberts, of Redmond; Roscoo Ilownrd, of Deschutes; L. A. Hunt and (1. E. Stadlg, of Lower Bridge, and a number or Prlnevlllo men. Including W. F. King nnd nt tornoys Wallace nnd Elliott. Various legal questtonH were dis cussed nt tho meeting nnd tho agree ment reached that If funds could bo raised the formation of Deschutes county would be fought In the courts. Tho sum of $ 1,000 wns sot as tho nmount needed, and about $400 was pledged. This included a $25 con triliutlon from Roscoo Howard, of Deschutes. To tako charge of tho fight, an executlvo committee, consisting of W. F. King. C. L. Shattuck, W. J. Pancake mid II. B. Still was appoint ed, nnd finance committees us fol lows: West Side. George Bates, Earl Saunders. 11. E. Stadlg. nnd Mrs. Hurvcy Gates; cost side. J. J. Elllu ger, J. II. Shlpp nnd E. T. Slnton. POTATO GROWERS TO .MEET Thero will be n meeting of tho Deschutes Potuto Growers' Associa tion nt the offlro ot the county agri culturalist nt Redmond on Saturday, December 2. Tho mooting is called by tho president, G. E. Stadlg, who urges every member and others In terested In tho upbuilding of tho po tato growing Industry hero to bo present. Importnut mnttbrs nro to bu taken , up nnd presented by tho board of directors. Munuger Pur sons has some things to say. It is highly Important thut every member bo thero. Don't forgot tho dnto Saturday, Decembor 2. NO SCORE IN REDMOND GAME Although outweighed moro than 20 pounds to the man, tho midget Bend High School football team played tho big Redmond High School cloven to n 0-0 score lust Snturday nftornoon on tho local grounds, Red mond's weight did not count for n great dim I, as the team was slow In getting uway. Bend was saved large ly by tho good kicking of Droator hoiis, who kept tho visitors well out of danger, The Bond lads played scrappy foot ball all the way through tho gnmo. MRS. ('. L. BENSON DIES Mis, Claude L. Benson died Inst Tuesday at tho lleml Hospital, of heart failure, utter u brief Illness. The remains wore shipped to Chi cago for Interment. CANDIDATES COMING OI'T With tho city election less than two weeks away, candidates for of flro nro now beginning to come out. Among those who havo so far nn-' nnuucod tholr candidacy, are Mayor! EastoH hikI City Treasurer Coleman, ' who will seek re-election. Petitions urn ulsb being circulated to nominate' C W. Thornthwnlte, Ed. Brosterhnus and Dennis Cunuody tor tho council. f V FARMERS ATTENTION i. . There will bo n meeting In tho council room, O'Knno build- lug. Tucsdny afternoon, at 1 - o'clock, for the purpose of dls- - cussing tho now rurul credits laws, both stato nnd national, nnd considering whether thn - the law can be mado use ot here. C. S. Hudson will nd- dress tho meeting. All farm- ' ors nnd others Interested . aro invited to bo present. P. II. DENCER. --'--- BOY SCOUTS ACTIVE, Nemly It) Now Engiigrd In Work MenstirementN lire Taken. Under tho leadership of Rov. It. C, Hartrantt, of tho Presbyterian church, tho boy scout work In Bend Is being developed tills fall to a greator degree than over before. At Monday night's meeting, nearly 40 boys were present, of whom 18 wero registered scouts. In uddltlon a largo number of boys not old enough to bo received Into tho organization aro being formed Into a body ot Jun ior scouts. A new feat lira of tho work this year Is tho taking ot phv n.al meas urements Monthly, thnroiiy affording opportunity to stud' tho develop ment of thn boy? jngaged In tho work. Points ... to bo given for tho monthly development shown. Other features of tho work Include, tho scout business meetings, games and gymnastics. Rov. W. C. Stewart, of tho Meth odist church, and Rev. J. L. Perls gor, of tho Baptist church, nro as sisting Mr. Hartrantt In tho work with the boys. IUNGO TO BUILD HOTEL Sew .Structure Will lt Hustle To Cost $10,000. Josoph Rlngo, of Crescent, has an nounced his Intention to erect u mod ern tourist hotel at Crescent, which will replace tho hotol which wns ro contly destroyed by fire, Tho plunH for tho hotol aro being drawn by Edward II, Keaue, of Bend. The strurturu will bo built rustic style ot lodge polo plno logH, special ly selected, with stouo fire places. Tho roof wilt bo shingled with hand shaved shingles. Tho porches nru to havo log columns, a largo lobby spaco has been provided asd spacious dining hall, each ot which will buve Urut fireplaces. Thn lobby, dining hall and kitchen Interiors nro (u bn rustle In tho Interior, but tho guest rooms ure to bu plastered. BAIRD BUYS GROCERY E, A. Siitlier Hell Part Interest In General Merchandise Store. Lyman Balrd tills week completed negotiations, through which lie bus purchased tho grocery department of Bather's store. Mr. Balrd will take possession about December 1. Mr. Balrd has been engaged In thn general merchandise, business for a number ot years previous to coming to Bend, was cashier of tho Deschutes State Hank, hero for n number of years. It Is Mr. Hather'H Intention to re main In Bend and conduct the dry goods department of the store, ex clusively. TO Ill'ILD NEW LINE A leurrangemeiit of thu farmers' telnphoun line, east ot town, was pro vided for at a meeting held at tho Richardson school house Monday night. Twelvu of thu farmers In terested attended thu meeting nnd decided to form a second company, probubly to bo called thu Farmers No. 2, to build and operate a Una to run south of Pilot Huttn and out to thn Stunley-Dnvijnport ranch. 'The Fur mora No. 1 lino will c"nc In north of tho Butte nnd will servo the Grange, hull section. i. N TAXES FOR NEXT TEAR TO BE HIGH ALL THREE BUDGETS NOW PUBLISHED. Bend MuM Hub $13,000, ni Against 97,000 Ijst Vrnr School District Wants Three Times Moro Than Heforc-County Tnxc.i High; With tho proposed budgets of tho city, tho school district nnd thn coun ty now mado public, It is possible for tho tax payer to begin to tlguro what his tax tovy tor tho coming year will be. Whllo actual lovlcs havo not yet been mado it Is apparent that It tho Bums named In tho budgets nro to bo raised, taxes will bo high. Thn total amount for which tho city of Bend expects to levy Is 313. OGC, This Is to bo produced front nn assessed valuation ot 632,76o and will require u lovy of 25 mills. Tho amount ot tnx Ib practically twice what it was last year, when tho city valuation was 1461,684 and tho tax 15 mills, producing JC, 932.76. In Reboot district 12, estimates tor' tho coming year total 152,800, ns against $16,475.30 raised by taxa tion for tho district In tho past year, tho Item ot teachers' salary rIoiih being $30,000, or almost doubln what was raised for nil purposes last year. For Crook county, a eappcara by tho budget elsawhern In tills paper, tbo total to bo raUed Ib estimated to bo $301, S05, ns against $205,757.4!) lust year, Tho county valuation. Is several hundred thousand dollsru higher this year than last, hut-thu amount needed Is so much greater that a much higher levy Ih ox pec tod than was made last year, when It was 2C mills. GUSS BUYS OUT COBBS Former Oklahoma Hanker Takes In I c IT il kTucnl think. . Announcement was mado on Thursday ot tho purchaso by U, C. Gush of the Cobb Interests in tho Oro trul Oregon Bank, Mr. Gush taking possession at onco. Mr. Guss be comes president ot tho Central Ore gon Bank and bis son, G, H. Buss, as sistant cashier, H. M, Stophons being made cashier, Tho directorate ro mains unchanged orcein that Mr, Guss takes thu place of Thos. Cobb on tho board. Mr, Guss came hern from Guthrie. Oklahoma, having had his attention called to Bend by his son-in-law, II. B, Cnckruin, who Is connected with tho First National Bank, of Onturlo. In Guthrie, ho wus formerly connect ed with tho Bank nt Indian Territory mid also tho Guthrie National,, boil ing out his Interests thero n few yearn ago. Ho expresses himself as much pleased with the promise of develop ment shown by lleud, lis well an by Its present prosperity. GIVEN LOVING Cl.'P Mrs, Emmu Gardner, clerk at thn W. F, Rogers Camp No, 2, had u pleasant surprise on Monday, when she was presumed with a largo sliver loving cup by tho Hhovlln. Illxon em ployees living at tho camp. Tho In scription on tbo cup reads as fol lows: "This loving cup presented to Mrs. Gardner by tho boys of Hhnvllii lllxoii Compauy,, oh a slight token nt' their appreciation ami grntltudn for her kindness." Mrs. Gardner leaves' for u vacation tomorrow. ' Tio PUo ,j M P, Bilry U Pie, Oi. V? tHi '!