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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (May 23, 1918)
WEEKLY EDITION THE BEND BULLETIN. VOL. XVI IIKNI), J)I:H0I!0TICH COUNTV, OJUtflON. Tlll'ItHDAV, MAY , HUH No. ia . $ SUPREME COURT DECIDES DESCHUTES 4 Upholds Decision of Judge Duffy, in Opin ion Handed Down at Salem Today BULK OF EVIDENCE Suit Brought Because of Error Discovered in Returns . ' from Fife Precinct Governor's Proclamation VEstkblished "Prima Facie Case for Dc- . fendantti, and Sustains Proof." (8lUI to 1T Ilull.tln.) BALKM. May 21. -The county or Deschutes In a vnlld county anil tho 4!cflNtan formerly given by Judgo Duffy mo hotillnK la affirmed by tho miprnmo court of Oregon In nn opinion handed down today. Justice. Burnett wrolo tho opinion. Whllo tho court holdn tht tho burden of proof la upon tho defend" nut In quo warranto proceedings of (IiIn nnturn, "In tho absence of any othur ovldrnco on tho subject an executive proclamation Judicially known to u nnd declaring tho cron (Ion of a now county makes a prima faflocasn for tho defendants and ituitnlriH tho hurdnh of proof Imposed upon thnro," sy tho court. Such n proclamation "U unalagoua to n corltflcato of election, fair upon Itit faco nnd omnnatlng from proper nuthorlty." Thn court statea that of courao tho ilofondnnt took chancci In rolyhiR upon audi papers, for In quo war ranto procoodlnga tho Inquiry may.be uxtended behind tho roturns, "oxon to tho hnlloti thomsolvca In tho Moarch for tho truo result of tlio olec tlon." Vullit llo""1' Cnntrmemy. "Thl cnrtincato of proclamation of tho governor," tho court continue, "In only controlling In tho event of tho abaenco of anything to contro vert It, but holiiK unopposed by My j)uir showing It place tho validity of tho establishment of Doschutes county boyond controvnry. Tho -county being regularly croutml, tho power of tho Kovornor to appoint tho county judge nnd commissioners nnd their right to thoso ofllco follow nn n matter of couro. It I uunecon nary to conaldnr tho validity of tho net of February 1. J 01 7. or tho ef fect of tho decree In McKay vs. llrown." PrmTtMlltiK llroiiKlit by Htiullc. Quo warranto procoodlnga were brought by Clus W, Htndlg, as relator In tho uamo of tho Htato of Orogon, under section 300, Lord' Orogon Lawn, quetlonlng tho validity of tho organlzatloti of l)echutc county nnd attempting to dlsaolvo tho same and nlno to oust tho county Judge and county commissioners. Tho qucMtlon of tho formntlon of Deschutes county nut of a portion of Crook county wan submitted to tho voters of Crook county and of what InjQow Deschutes county at tho gon- oral -oiccuon, noio. in jNovuiwior, 1010. In drawing tho boundary Unea for tho formation or tho now ty'inty, pomo of tho voting proolncta were split, ono of which was Flfo liroclncUTha election was duly hold nnd tho returns, made to tho county clerk of Crook' county' In tho ordinary und rogulnr manner, but n orran was dlscovorod In tho roturna of Flfo precinct, which was Bufflelutit to do feat tho formation of tho now coun ty, If allowed tp atnnt, nnd which, It correct, wore moro than sufficient in number to create Dcsohutes county. TJio error t this uloqtlon bp'urd In this precinct wan admitted by nil nnd in order to prevent an orroneoua re turn from bolng cortlllod to tho boc retary of'sUito and to nrovent tho .defeat of tho. formation of tho new ;punj.y b the erroneous, return, on M,in,jUuotlon Bitlt wun instituted ngnluut f the clerk of Crook county, enjoining lilm from codifying to tho aocrotary of tut,o tho roturna na cortlflod to lim by tho county cnnvaBsIng board until tho returns lnFlte product Mhpuld 1(0 correqtod. Tho dofondant .de-feu rred to tho comptelntj which Vets' oyorAMOd on DocenYber 12, 1010, n Uo. cour ftr . f(,or oor roctlHE the error n th returns irora COU M LID WITH DEFENDANT Flfo precinct. Tho defendant fallod In that action to pload further after tho overruling of that demurrer and foiled to appoal to tho supremo court from the ordor correcting tho returns or overruling tho dornurror. Had lUiilred Voir. Immediately after tho entry of that order tho clork certified tho cor rected roturna to tho secretary of ntato, showing that tho proposition of tho formation of Deschutes county hud tho required percentage of votes for Iho creation of audi county undor tho law. Immediately after receiv ing tho roturna tho secretary of stnta canvassod tho name, and tho govornor Issuod his proclamation declaring Do schutos county established, and ap pointed tho county court and tho dis trict attorney, who all qunllflcd for tho respective office, and tho county court thereafter appointed tho re maining offlcor for tho now county of Deschutes. .Shortly After tho qualifying or tho county court for Deschutes county, this action was begun by Qua K. Stadlg, as rotator, directed agaltiHt DoachutcH county and against W. D. Darnes, A. I.. Mackintosh and L. B. Smith, judgo nnd commllonora of the now county, nnd directly ques tioning tho validity of tho formation of tho county and tho right of tho dofondant to hold tholr offices. Piltw to IMmiiImm Action. flu Htadlg, prior to tho tiling of olthor tho answer of reply In the case, (Hod a motion to dismiss tho ac tion nnd rcqurstod permission to withdraw from tho case. Tho court allowed him to withdraw und ho made no furthor appoarauco, Tho lower court T. K. J. Duffy, Judgo--ontorod Judgment dismissing this action, holding that tho Judg ment and decree In tho former ac tion nnd tliu legislative act of 1917 ratifying nnd cnnllrmlng tho crea tion of Deschutes county, estopped tho plaintiff from questioning tho validity of Deschutes county. GILSON PLEDGES ROBERTS SUPPORT Cundldrttn for Nomination for HberifT Writ oh Commmdntory Itor to Opponent. H. D, Ollaon, candldato for tho nomination for county sheriff on tho ltopubllcan ticket against tho pros ont incumbent, S. 10. Hoborts, has wrltton Mr. lloborts n lottor of .con gratulation upon his victory, nnd pledging himself to his support. Tho lotter follows; "Dtjnr Mj Hoborts: I doslro to congratulato you upon your nomina tion for ahorlff, and tho splondld voto rocordod to your crodlt, My un qualified support nnd sorvlco la ton dorod to you, nnd It thoro la any thing I can do to assist In your elec tion I am roady to bo eommaudoorod. "In tho long campaign ahead thoro aro somo mattoru noodlng early at tention which will no doubt bo looked after by tho chairman and county central commlttoo. "Uy this lottor you aro to bo plncod undor no obligations wliatovor to mo, aH in writing this I nm only doing what I would oxpoct of you, and as I holovo you would 1Q man QDOUBh to do, In caao (ho situation wo8i rovoraod, "Slncordy your, "H. D.'aiLSO." S M ON DRAFT LIST Ttt'KLVK LI.STKD I'ltO.M IIH.VD AND 1'JVi: FROM outhidi: POINTH TO KITOUT AT FORT McDOWKIili. (From Tuesday's Dally.) Twelve men from Dend In clas 1 aro on tho draft list Just completed by tho local war board to report at Ft. McDowell, California, between May 20 and Juno 2. Threo aro from other points In tho. county and ono from Alaska and ono from MMsourl. Tho latter two men wcro listed in this county, but have changed their placo of re I don co since tho draft of Juno 5, last year. Tho names or thoso on tho list follow: Vlncenzo Horgongni, Dend; Ivor Hondrlckson, Dend: Wm. It. Van Floot, nend; Krnst II. Fuller, Ilond; Oscar J. Johnson, Ilond; Alvin 1. Chrlstlanson, Ilond; John A. Wib bier, Uond; Gus N. Nystrom, Ilond; Magnus Klnen, Ilond; Moso Vlan, Dend; lugerwold A. Johnson, Ilond; Charles N. Kotzman, Uond; Fred erick i:, Fitly, Uvcgood, Montano; Kdward (Jcorgo Ciitflclsch, Urothors; William 8ponccr. Mllllcan; William i:, Forman, Wapanltla, Oregon; Earl D. Itoark, lioonevillo, Mo. ARMENIAN RELIEF TALK BY HANER (From Monday's Dally.) J. II. Manor, chairman of tho Ar monlan rollof drlvo for Deschutes county, dollvorod on address at tho Presbyterian church last night on this subject. Mr. Hanor la well veftod In tho Armenian relict work, and tho uses to which tho money Is being put, and his talk was Interest ing in tho extreme. GOOD GOVERNMENT LEAGUE MEETS A commllteo for tho .purposo of formulating, plans for an equltablo taxation was appointed nt a mooting or tho Oood aovornmont lenguo held nt tho I'rosbyterlan churclnlant night. Thoro woro about 30 mombors of tho representative farm organizations nnd tho labor unions of tho county In nttendnnco. A committeu was nlso nppolntod to draft by-laws and con stitution tor tho organization. IRUHJATIO.V .MirniODS TO UK TAKKX VV IIV COUNTV AOKNT WAltl) AND OltKOON ACJltlCUl TUIUIj COI.I.1X3I3 OKFICIAI.S. UBDMOND, May 22. Prof. W. L Powora of Oregon Agricultural iftil' logo conferred with Fred Wallaco nnd County Agricultural Agent H. A. Ward of Ilodmond thla wook and planned the Irrigation demonstra tions which it was docldod nt tho Ir rigation school to start In Crook and Deschutes counties, Tho plots so loctod for tho work nro noar mnlu travelod roads bo that tho results may bo vlowod by farmers' demon Btratlonal tours which tho agent hopes to cpnduct later 1 tho sen Bon, DomoiiBtrnttous with tho uso of various fortlllzors aro also plottod nnd will bo carried through to con clusion, A capablu man in tho per Bon of John Tuck baa boon uocurod to gtvo Mb entire tlmo to taking chargo of and conducting thoso Irri gation oxporlmonts. Thla work is nn outgrowth of our Irrigation achool and will bo of unquestlonnblo valuo to tho wntor usors of Oontral Oro gon, Much prodlt Is duo to Fred Wnjlaco ot Tumajo tor untiring oo oporntlon In bringing thla domonatra tloual work about. Tho cpunty court and tho various Irrigation companies n(aq deaorvo ppmmondatlon for tho flnHRPlal RUPPort whtcU thoy have lout thla projoct, DEM0H HELD IN COUNTY SIN OVER COIBINEI CONFUSION IN VOTE FOR LONG TERM. Vnrco uinl Otrrtiirf Ilotli Ilnvn u Greater Number of ViAvh Tlinu Itallry nnd Miller Mny Call for Itocount. (From Monday's Dally.) Who aro tho nominees for county commissioner? Tho primary election Is over, all tho stato contests aro settled, and most of tho county candidates aro known, but the question as to the county commlsslonorshlps Is still un answered. On tho faco of tho returns II. J. Ovorturf and K. K. Varco aro the successful candidates, having tho highest number ot votes cast, C. II. Miller hz-lnc third and Meredith Halloy fourth, but becauso of the manlier In which tho four names ap peared on tho ballots friends of tho last two aro assorting that Ovorturf and Varco aro not necessarily win nors simply becauso they received tho greatest number of votes. Although only two commissioners woro to bo nominated, tho ballot arrangement mado it appear that the voter should voto for three names, either Miller or Halloy and Overturf and Varco. As a result, It is claimed, tho last two were bound to lead slnco everyone would voto for them and tho voto for tho others would bo split. Tho reason for tho ballot arrange ment was the way In which the four candidates filed tholr nomination papers, already described In Tho Dullotln. Miller and Dailey an nounced themselves as candidates tor tho four-year term, Overturf for tho two-year term and Varco mado no statomont as to terms. Tho names were so placed on tho ballot and now tho question remains who was nominated for what? ir tho canvassing board issues cer tificates o A nomination to thoso re ceiving the highest numbor ot votes, Overturf and Varco will be tho can didates. On tho other hand, If it issues a cortltlcato to Miller as hav ing tho most votos for tho four-year term nnd a certir.cate to Ovorturf as having tho most votes for tho two year term, Varco la lott out. It Is understood that all tho elec tion boards counted the votes cast tor thfeo commissioner candidates, although only two wero to bo nom inated, whon, strictly Bpcaknlg, such ballots should have been thrown out so fir as tho commlsslonorshlps were concerned, and only thoso counted whero two woro voted for. Under thoso circumstances n recount of the ballots may bo demanded and tho thrcc-voto ballots thrown out. Then tho question would romaln as to who would bo declared nominated ou the two-voto count. BEND HERDS ARE AMONG THE HIGHEST Itewrt of Cow Testing Aoc!ntiou for March SIioum Honor to Two liciul Men. Dairy cows belonging to Bert Torkolson und Julius Poterson, both of Bond, aro listed among tho tour highest grade hnrda In tho March report of tho First Central Oregon Cow Testing association. Two hundred and twonty cows wore tested during tho month, Tho nvorago numbor of pounds of milk por cow was 550.0 nnd tho nvorago pounds ot buttor fat was 2 CO, with and nvorago cost ot $0.11. Tho tour highest grndo horda woro: Q. N. Itador ot Redmond. His flvo Jorsoya averaged 742 poumla, of milk nnd 97,8 pounds ot buttor fat. S. L. Hoynolds ot Prlnovlllo, Flvo Jorsoya nvernged 551,4 pounds' ot milk and 37.7 pounds of tat. Bert Torkolson ot Bond, Five Jorsoys produced 500.2 pounds ot mill; nnd 34,1 pounds ot fat. Julius Pedoraon ot Bond, Flvo Jorsoya produced 544.7 pounds of milk nnd 34,1 poumla ot tat, Mrs. F, O. Collin of Kedraond had tho honor grado cow tor tho month. Buttercup, a grado Jorsoy, throe years old, produced 1,101 pounds ot milk and 57.8 pounds ot tat, UE TER SPENT W IN CASCADES FORMER BEND PEOPLE FOUND BY HUNTER. Oakrld" Trapper, JUrpalrinK Ftorcat Tttl(pl"nn Line, Oct Mc-wago From Hnow Impriftoned niil BUti-ving- Tarty. (From Wednesday's Dally.) Found by a trapper In tho heart of tho Cascado mountains, whero they had spent tho winter writing books and poetry for pastime, Is the story of two families ot former Bend residents printed In tho Oregonlan of yesterday. Tho families wcro Mr. and Mrs. C. II. McKean and Mr. and Mrs. Karl Ladowlg, residents ot this city for somo time, and who have relatives living in tho county. They left here for tho Cascades early last fall, taking In provisions from this point, as stated In the article, which follows: "A telephone message mado pos Iblo by repairs of a forest telephone1' " alao forecasted tlt Simpson s lino by a bear hunter on his spring trapping expedition brought the first news that a party of four persons, two men and two women, had spent tho winter near tho summit ot the Cascade! mountains In tho wildest and most desolate part of tho stato of Oregon. Tho messago stated that tho party's food supplies had been cxhaustod and asked that someone be sent to their rollcf with provisions. "Tho members of tho party were: Mr. and. Mrs. C. II. McKean and Mr. and Mrs. Karl Ladowlg ot Los An geles, Cal. "The trapper who repaired the tolophono lino and carried food to tho party was J. D. mils ot Oak rldgo. Ho had met tho Callfornlans going Into tho mountains last tall, taking In provisions from Bend, and , advised them that no one had ever I before attempted to spend tho winter In that region nnd said he did not bcllcvo It possible. He had forgotten ithom until Mr. McKcaiby chance, j succeeded In reaching him when ho was trying to call another party. Itcpiilml Lino 8nes Lives. "Tho repairing of the telephone lino came as nn act ot providence to j tho Callfornlans. Sovcral days be- I foro Ladowlg had fallen down a hill. ; Ho was knocked unconscious for a tlmo and his back was Injured. Ho walkod for days with a high fever and collapsed soon after assistance roached tho party. Ho Is now In Brock's cabin, 18 miles above Oak rldgo, Tho other mombors ot tho party wcro nearlng tho point ot ex ihaustlon, and their food supply had boon exhausted tor two days. "They had been delayed In making i tho trip down tho river becauso thoy had lost their way, Tho McKeurle and tho Willametto rlvors aro about threo miles apart in that region. They started for tho Willametto and camo out onto tho McKenslo, making tholr mlstnko by turning down the wrong gorgo. Light Snow Fortunato. "Tho Callfornlans mado their camp last fall by building a cabin near tho headwaters ot tho McKensle river, threo miles north ot Pack Saddle mountain. It la stated that snow from 40 to 50 feet deep Is possible at that point during a sovoro winter. Tho winter this year was light and tho greatest nmouut ot snow stand ing on tho ground at ono tlmo was 30 toot, according to Mr. McKean, who with Mrs. McKean arrived in Eugono today. "Mon havo had such experiences In tho Cascades, but it la said to bo tha first tlmo two women havo over win tered so uoar the summit. Tho women In tho party woro dressed In khnkl coat and trousers. They walked a total of 840 miles in tho mountains, covering much torrltory in which thoro wero no trails aud over and up and down mountain slides where thoy mado their way by pulling thomsolvos up or letting thomsolvos down by catahlng hold' ot tho branches ot trees. Tho party se cured a meat supply during the win ter by killlug marten, porcupine, squlrrols and camp robbers. "From Docomber 1 to April 2y, the mombors of the party had' seen no ono from tho outside world, Dur-, lrjg that time Mr. Ladewlg wrote two volumos ot poetry aud Mr, McKean a book," 'OREGON FAVORS IN . i NO CHANGE IN VOTING THIS FALL. Wltliycombo 8uro ti Uo noturncd Jan(Iilido for tho Governor Viewed with Awo by .Pierce. 4- (SpUl to.Tbo IlalUttn.) SALEM, Mar fi3.--EvcrythInK Is over, along with the shouting, and It is with pleasure that the files ot Tho Bulletin can bo looked back at with a sort ot "I told you so" sir. tor It Is there In black and white. With a little pardonable presump tion It may be said that The Bulle tin predicted a race netween Withy- combo and Olcptt, and tho result was WIthycombo first and Olcott pflooad. The big surprise camo Uv tho Withy- combe landslide,, as that upset every one's done. even tho dopo of ta deepest' lyed Withycqmbej booster. wouiu ob iniru una jaiwor luaiia, with no effort made to 'determine whether Harley or Anderson weM win. Had Dope on McXnry. The Bulletin felt quite easy- all along that McNary would defeat the1 money spending Stanflold campaign, with his record In Congress and the help ot the silent vote. That was the prognostication, and the result has been vividly told. That also waa a surprise from tho standpoint ot tho landslide, but It has ever been tho habit ot Oregon Toters to repudi ate the flash ot the roll and the mad' ness ot much money along about election time, and they came to thn bat with a ready repudiation la tkta case. It was also foretold that the treas ureshlp raco would bo between Ryan and Hoff, and so It was, with tho further forecast that Adams would probably nose out Cuslck, leaving Cuslck In fourth placo. Ho landed la fourth place all right, but It It was by a nose Adams has a particularly long nose. Landslide-! Not Expcctwl Frank confession wilt be made that no such landslides as were piled up wero expected, but that was an error in tho dope ot all of tho poli ticians. The forecasts on election wero not mado from tho standpoint of persona Judgment, but based on reports "garnered herc-7 tl-Cro and everywhere, and tho tact that tho forecasts fitted in pretty well with tho results aa far as tho final places wcro concerned, indicates that there might bo something in tho dope after all. Republicans Triumphant. But enough ot this tooting ot one's own horn. It Is all over now and predictions aro as freely being mado at long rango that tho Republican ticket will bo overwhelmingly tri umphant all along down tho lino In Novombor. Tho WIthycombo land slide hit Walter Plerco a stiff solar ploxus. Walter spent considerable time before the primaries traveling about the stato. Ho didn't do It to boost Walter, but merely to drop the word along the line that WIthycombo was sura and certain to bo tho Re publican nominee. He did that bo causo ho felt ho could beat WIthy combo, possibly, but could not beat Olcott with Olcott's Democratic fol lowing, Hiu-d Sledding for Walter. Tho landslide has given Walter reason to pause It Indicates a gen eral aentlmont to keep tho man on tho job on the job and It look like hard sledding for Waltor to arouse tho sentiment ot Republican voters to anything llkp a pitch whero they Will switch to tho Democratic column In tho general election. With the defeated Republican ww- dldates lined up bohlnd Oovernor WUhycombe. the harmony club has been organized and la in full .swjng, and that will be another feature militating against the Democrats., Oswald West, Democratic nominee for United States sonator, has pro posed that he and McNary dispense with a campaign -altogether anfi use the time and .saeney that KWmd tj(tUerwlfl be wasted en a .eaaieetg IA gldls the iooutttry's eauee) It Is bareiy DowjiDieinai.a runner aena (ConUnuad on Fage 4.) l