The Bend bulletin. (Bend, Or.) 1903-1931, May 23, 1918, WEEKLY EDITION, Image 1

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No. ia
4 Upholds Decision of Judge Duffy, in Opin
ion Handed Down at Salem Today
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
Thn court statea that of courao tho
ilofondnnt took chancci In rolyhiR
upon audi papers, for In quo war
ranto procoodlnga tho Inquiry
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.
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
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.
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."
AND 1'JVi: FROM outhidi:
(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
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.
(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.
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.
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,
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
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.
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
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,
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
"A telephone message mado pos
Iblo by repairs of a forest telephone1' " alao forecasted tlt Simpson
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
"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,"
. i
Wltliycombo 8uro ti Uo noturncd
Jan(Iilido for tho Governor
Viewed with Awo by
(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
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
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