The Bend bulletin. (Bend, Or.) 1903-1931, November 22, 1916, Image 1

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no. :w.
'VOIi. XIV. '
- . i ' " " -:
i ii iii ill
U U. I. HffllilNb
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
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
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
... 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
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
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
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
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.
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
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
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
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
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
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.