The Times-herald. (Burns, Harney County, Or.) 1896-1929, February 22, 1908, Image 1

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    Tlt Cimts-fteralA
Th.. OJnVinl Ppir ol Hariii-T I' M nt
lim the law! eirrnlatlon mxl r a
the lwt a.lvortining mxliiim in K.Mtern
Ovsaea.
mt gitme
llefalk
CIk eirrnt Hnrtttu eotintry
' mt ml
il;.- 1'iiMii' Uti, I 1i of
lOL.XXI
BURNS, HARNEY COUNTY, ORKo FEBRUARY 1S03
MO 11
rAS R1JFCT PETITION
WA FOR IRRIOATINfi MTCtl
CANNOT BR WANTED.
KciUtt Cltt 4ttonwv Thai The
r Will not Permit Confirm
In ! Sih hi Ihr Stmt.
special request of sev-
lour ciuzcns we ptinnsii
Son by aetinjr city attor-
Irrish & Rombnld, on the
turn of C. A. Swwk to
irrigation flitch throujrh
:
Mavor ami ( 'ommnn Coiin-
tlic Citv of I'.iirns:
pliancc with your request
union in the matter ot
week and Ella Sweek.
rs for a rijrht of way
the public streets ol
)r an irrigating ditch to
their ranch, with a right
Jity to use the same as a
1 ditch and also to snpplv
wells with water incase
we have looked into the
tul retort the following
pinion:
"'ition suite that the
rs are the own. ri of cer-
I which hu rripat-
ditch running through
and which was limit in
t nt the request of
owner on Silvies river
loners, instead of con-
heir former use of said
means of a dam in said
e changed their jioint
ion to a (xiint abo.
h:ivr removed th.
the river and construct.
ditch exlendine now to
r the north boundary of
that the city recently
tch or trotter lloag the
certain street connect -
irutter with the aforesaid
and using the MM H
and away from th-
or Mood nNI of the
season; tnat a
11 the location of the
uks tb ction be-
old ditch and said gut-
they ask for a rijrht of
water ditch of a car-
mcitv of .MM I inches to be
ed along and across cer
ts within the city limits.
o have the right to drain
me said iIixmI waters
the right to use exclu-
water Bowing in said
upply the cits wells at
in case of lire.
t and principal ti
his: lias the city.
t-haiter, the right and
runt a right of way
iibli ' sate
P for the purpose of con
Hii water ditch to irri
Huiuh because that ditch
HeiilalK !.. of some pub-
er ooe'l inclination may
t be disregarded and
tion must be given to
inment of the powers
in such mutters. Thut
ipon the churter, und u
xercise no iiower not
conferred on it, or
lot necessarv to curry
t powers thus conferred.
of way for u ditch ii
rty. A gnat of the
ns a sale, gift or trails
property.
cipal corporation may
of two classes of pro
ne class it may hold,
spose of in the same
at a private enon can
is property. In such
h y has a propria-
f.st. und holds the same,
nionly called, absolute-
is the kind of property
in section 1 of the
, which property the
quire und dispose of
section stuted. The
f property is held by
t ubsolulely, but in
e public. ucn pro-
ts of streets, all'
uies, wli..i etc.
H highways of a city
H private propepty of
Lulity, but are for the
I general public, and
he control of the leg-
Or. 502.
of Burns, therefore,
greater right over
and use of the public
the legislature has
l it by charter.
through the charter
the only purpose for
its has the power to
ol the st i
found in sections N and 95, OPEN DP FIELD TO STOCKMEN
when- it is provided that the city
may "grant the use of the
streets" tor a period of 25 years SWIFT PACKING WANT IN P0RTI and
to any xrson for the purpose of
laying gaspipe.s to illuminate the
city, or to en trie light,
telegraph and telephone les.
and for stretching wires over and
along same.
There is nowhere any poorer
given to erant the use of the
A flRFAT HFIP
perionci h.is proven that in
some cases of entry of unsin vey
ed lands a snhneqoent sorvej has
led to confusion
The second change relates to
the matter of assignments: pro
hibits any assignment to a eof-
Imtxln cmi an I nttmltcd Market lar Hk Juration or association, or for its
Stockmen All Ovrr tht NarMmeri- ,,,( an, provides that aS-
Hfcacr Prke ! BfMer Srack. ap on y j, maj0 to
, , individuals who an1 ,ii:dified
"The Portland t'ountry club ,,,,,., ,..... Tills chamre
streets for water-ditches. This. fl,,1 Liv ,,i'"1 s,;m,1s of law has been deemed advisable
ourse. does not mean that the for the prornotion of better live- w m harrnonv Wlth the
it, hns no right to use the streets tock and more livestm-k in tn- SJljrit ((f ()nr llU,,,u ,.,,, iawBi
fordrninaeeorsewerditches.it on- U ,s "'' to lll,s s,a,(' tojand to prevent the possibilit of
imply means that It has no rifrht "PIort the imrkrrs who are:MgiKnment of ,esert Pntrie be
tod.-edit mm niybodj to,- bol '' ' nr! ,;r,:". v'ng illr ma,(M,, eorporatians whi.
anv purpose net Bpeci- plants hi Portland, said . r. mijrht rn organ idd for that p
lag, The city has the right to OWa, a member of the dub who (i(!Jt Thin fa a da'psThnggl
Mish any -steni of drain; ' in Jj jguUtbn which strlvi -nrry
or it may need, and " Tl"' out this re-ti ieiion. but it isdeern-
hns the right mn private Maodation's main purpose is not ,,,, .1(lvjs:i,,(, ,,, h.,Vt, it in ,ht.
he purpnstM.r lo- that of pleasure, but of the bwat- f(irTn of law.
eating mn ditch, canal, etc.it neaa oi improving ana enlarging
mav.Wn. . . see section "- il-' tput of th Pad-
m, number R on pngaJMaf ''"' ",,rl: vs ""' 5
the session laws of 1899. . x nmitteo consisting of Jul-
Meier, Adoiphe wotzi
I' pointad by the as-
sociation to advance its interests
Jl'IMil LOWELL CHALLENGED
W. v k.v VAOA1D DTrUII Mill
MINT NO. I.
Mar ot .InJfr I owtS'f IrltM.Ini SUfenml
N l ood M1klnj The uhm
AroiMt -IHrt" ! tthtrmrr
I
issi
-.-
The third change in the laa
authorizes the commissioner of
the genera! land office, iqxin pro-
howing. to grant the enti
man an extension of time, not
edingtl
ne ti-i' 1 ,. nniinaaoi'v f.. ,,nil,l.
through the channel o public.ty nim , ,,,,,,. ,,. reda.natio
"f the land ooreredb) his entry,
upon the livestock men and the T, . , , .
mind that "the rule is genera) c tne importance mv(1 fr ,.tfis.Uion of this chai
that the jH.wers of the municifial ii,g these facU. , Cnder the l., ait nou
(ortN,ratton aietobe Mrictly con- ! tato 'stands thedc-erl . ntrvn.
It seems ions that there can
be no do.iht thai the city has no
lower to grant a right of way
tot water ditch to the petioners
or any one else, nnd even if there
were a doubt it must he bort.e in
struedandif there is a reasona- the Wd at an opportOM time.
hie doubt of the existenci
particular ptHMT, the douht is
to be resolved in the negative"
20Enc. Ljiw. 11 H
The next question i
ty had the pnwaff to allow
when 1'. :tland is aliout I I hi
made the packing center of the
tic coast. The packers are
here in advance ol the develop
m. n( of the livestock industry.
The countrv 'I produce
the, Motion: base the petitioners -"ollghcatt epto
any right to allow to the city the WW lvi" l''ng Plants.
i he ssjti r which might
Mow inthi ditch for any iurposc?
ietermine this it is neceoa
aiy to examine the nature of k
titioners right. No DM can give
what he has not got. In the suit
of the P. I against Han-
If the plant of Swift & Co. H
to be operated to anything near
k men
human mUOt breed more
and better stock. Tlie day of
the raiorback hog and the Texas. Saturday her.
innke final DTOof of rt"clamatio
within four yean of the mill..
nti' . In many cases
this is imiHissible of accompli-1
ment. even with the exei
'Host dil
of theentryman.
Mofsaea md laasst vaiicy.
Miss Mai Hulburt wa i pie.,
sure visitor Friday and Saturday.
Claud Smith spent Friduj and
star is past i M meat consum- Jameg pHU an(1 Krank ( -!iwl.
tad othara, in which C A. w " counn .temana me ),.,) were up from Happy Valley
Sweek wa the defendant t, tendaroat marti, nnd the Friday.
and Which resulted in a decre. 'I'l'' in
numlrr of vmr . It was uti- ! MTodiK-U. 1 1
W I hen. the father of the
" nnd referendum, takes
hUe v th the letter of Stephen
A. Ixiwell of Pendleton, ottnel
ement No. 1. which av
paarvd in n Portland newspaper
of .lanuan 27, and throws the
gauntlet down to Mr. Lowell In
the follow ing open letter:
Oregon City, Oregon, Fchru
U lion. Stephen a. Lowell,
I'endleton Oregon IVar Su
My attention was called a few
days ago to your vers interest
ing and somewhat personal letter
of January 17. in the dailj Ore-
gonian attacking statement No,
1. and its advoeataa,
There are men in Oregon who
might consistently criticise my
regularity, Iwcause I have
not al led the republican
ticket, but it dines with vers
bud grace from one who took BJ
active a part as you did in l'.N'J
In electing the present den
ravuor against the candidate
of your own party.
Hut I know of no one in i.
gon better able than yourself to
present to the voters in ptauaibhi
form any reason they tna be for
returning to the old plan of
I. ctiiiK I ruled States S.
the legislature. That the old
plan means the election bj I lew
corruptible members of the
lature you mraj) ought to know
bj this timi'.
1 therefore challenge you now
to a joint discussion of this
i'i which I will take the BOaMct)
that it is the dttt) Of every voter
who Would lie true to the Ameri-
Toin Ricl
me rortiani lonn i t inn. -v ' I 1 1 iiikiaiv-t r mrimr
MX this mornmg I N K W SPKINfn WAISTS
to attend the annual .1 rof tl
Just receiM'tl a Ihii uti fill line of ladies'
waists in Kmbronl. n l. Ijice and net
waists for Spring.
Somithint; Ver Mlish in Lawn and Silk
Of fhggg gggdii il p i.iment will show a
very tttraetive d of Ijiwns, Silk
Mulls. Meneried ( hiimlirays. (orrine
Suitings mid Ingomars -These gomls are
the latent prodtntion for this seaaon.
pulated betwet I ' .mpany
(...I Hleit ol irt, eriitiieiil lore.
The masked ball given F"ida ,-, -vo.far lrM. ,,n.in.i
" " "" .,;..!,. ... . i... ...i. ......... M..II ... . r "
hogs with the largest hams and "'K "l "' "" ,v' " "" or. Hon of any candidate for
.i -i i :i i(ifus;trii iu rifiii w:im itiiii.
and Sweek. who was declai in" ,1,'l''s' noses, cane wun
Ik. tl, c br.Bi.lest backs and the fat- " ml!,
rdon II T n I u M rSi l)- A- Ifleld left aksV
that Id maintain his Tl; : '' !" ' "i'f Valley whaw
dam in Siivi. "where the ('r '' W upon tnlaho wM sggai ooaa wsoha,
same now is" and therein ob- ""'' f"
t the flow of theriear and If"" l's the range, and the fat- On Wednesday afternoon the
could maintain a ditch in connee u"iri' rali": i '"" ' '"'"V wi"
nv not ''"' (,f "l-l"i tutiiiy for the live- meet for the purpose of orgaaja
took produOsT who will now real- ing a base ball team. As we
inch pressure, durinc the irrigat- '",rt nd
InaTaaaaoi .ther tun. . ,listr-v- lifarnsi' some
viz- from Ma 1 to Jul. i of each ""' ""--i"" ,,! tfao Portland excellent work h tad
year, and that from Jt rhe Vallentine dance given
I each year he could di- ducating KrR,u Mi,,h, a, (h) (li,1Iu. ((f Uf
rert Winches under 4 Inch i
sure ...long as the Mow of w a- f,tav ' wl"
tar in the channel of n impliah this
fork of Silvies river where a ''" Folt'"' among them will
i.. ,i .:.: l.... " - .'
bridge., .i.itione.1 by the in'" mn "!""" from II. iwen u,l Hurns.
D I I,. ,.,, .. r..i UH will Imj engendered by the great
r. m A . hll o i a"a! "how riven I, the oTf-hington dance will be
flot.l tl.e lanchhouM-of Lhi ... :....,. t ,,. ,.. llf U-m IW.
V ouinr.v CIUU. -
The plant for the lis. Pi -nicited.
nhowthiafall hava ahri Theaaopstof Sunset will gift
tern, oeesg Of their linal dance in the Anderson
r held on ,, n,.nl
Pacific ooaat," aid Julius I. , furniahad bj Iht
Meier, chairman of the publicity Sui. It, beat Moor
and Mrs ltay Harton was excep
tiotially successful and was en
joyed by seventv ti- H-ople.
Many strangers w.t, present
known a- lb. White hOM
from the f the
same t0 tl I ' lam! on the
de of the westforl.
Wright's point shall not be leaf
hi inches" or if lc.-v, than
that amount, then, if there is
enough in the judgment of the
oieman to supply ti,
domestic needs and ttoakwnftar,
and if there is no such amount
then Sweek's dum shall immedi
ately upon notice he tal.en out,
an I furthermuie that
the water so diverted b) E
should as aaad h hhn only for
doraeatic purposes, steehwatar
and for the irrigation of tl,
18. T. -S S. 1
and all at .laim
by through or under him
trained from gag other use of
said wat
In the tir.st place it is (uestion
able whether Mr. Sweek b
right to change iii , iwint of di
version, as th.
Once solely to the dam and ditch
in use at that time. But. how
ever thut may be, he lias no
righs to allow the water to be
used for any purpose other tt.i.i.
that specified in the decre,
If the city should undertake to
the legislature who does not pr
rithotlt any "nullification
that as a member of
Mire he will olsv the
of the ieoplc in
' ' ' PitedSt.ite.- BBgftOf
i i -.urse, that I will
U tement No. 1 and the
. ' to instruct.
I .'I I..- pleased to arrange
I -ion at the
and for
meeting.-, il ran have
ti, to defend sour eon
nip VoU Will
i. 'hat in the iauiaigu
two BJBJ you n'fused to
, Ii .I. i 'issions,
that you will favor
me with an immediate reply, I
am m i truly yours,
W. l"HKN.
NMc I rum Portia- Curr
Lea Angeles Chamber of I'.mi
meree
The Trnns-i'ontinental PaooesV
ger Association will di
early meeting to be held In Chi-
' upon tb.- rates t in gon
point-. fl connection with the
National Democratic Convention
nt Denvi i In Jul rhe Portland
Oommercial club made thl
piest and will work to bring
many of these .1 n the
Pacific Noilh west
Huy pottf seed baile, I'lelll
(has. H. I:i is at Han
From 1000 to 100,000 pounda tl 10
iht hundred. Oat I rom one to
n.iKxi pounds at I ' w nts
pound Wheat $1 in per 100.
Hnng paVff money and net the
grain.
D w c trawa, i. nllsl, Ofll
la th nest ston bolldbig notth ot
KM P i oihi.
. rRKHI'ASHlNH
lluniiiiu i brbtdden npoe j
, i. .!,,; b.mi". I'r ip .
r mil i seated
c it VORUTI.)
N.I I III- -I IM8I
New Embroideries and Lace and
a Deautiful line ot' India Linons.
( )ur shoe depai tment is
complete i 1 1 v i r- way and
we ;in satisfy the most
Fastidious in foot wear
UeinemlH r wt I UTJ the
ROYAL WORCESTER 00R88T
Brown's Satisfactory Store.
.!:.; ::t:tltl
- ::utun
N m. Is I.. t bj jivi I. ilmt bant
ing mi.. I li.Hiiiiig up.. ii il..- . ii. '
lamb , ,f tin- Amen, -mi Inml A I m
K ('., i- t..ll.,.i II
Any M.rii 01
llit i.r trsspSMiit v ill i. l
I ..I II 1 1
I H Him
I. ii i r
NOTIOI
lifiiijj unablt to ti i" rOaaal
II'. nil II In I In , nil) ell. ill el III'
seaots ties ", '! mbm bats
plaesd miiIi Mi ll i ...
,. baesng esspssd esses sss '.
iiliiiiori of cii-i.iiiii i bin i pt inpl
sstili ".' at ths i
Ma mi in i
Kriifi.iu- lent
1 lit liantey Valley Brewing Co.
M . I
PURE EsE!K3H.
Pure Bocl 1 "7"cttor
i .null , 1 1 . . 1 1, i,
T. E. JFNKIN8, Manager
5
C nts
commitlee ..iiugers. and callers will be
have pjMjeant, and the Reniality of
gotten out that the Portland Sunset will ne a
try club and Livesto.. MJ( tun. -
ciation is merely :i race meeting
Mr. Reed, of Portland, is visit
ing hi brothers Chas. and Ihsi
i
It is a well known fact that
persons living in the I'm.- lot,
do not suffer from kidne) d
eaaas. One doe ol l'ineules a'
night uuall.N relieves backache
bowl tha nulrina .,.. .,. i i.i. 30 days' treatment, $1.00.
United SUtes, and m"
to help the . , urodueers Pharmi
of the country to make the a llainaa., B
opportunities that th.
paekit.g planii will open to
them." WiadaOf liar, undei
management of I a . ( aid
is one of the mo.-.i xpular !
or sporting affair, while its real
purj. pment of
the livestock industry n Oragi
Washington, Idaho, Montana,
nor. and southern
British Columbia.
postanal of the
aasociation i.s to be of assistance
to the packers in making Port-
Th. jiint of progress through
out 1 1 .'.hi was never mote
iioui. i than at the present tune
i uiercial organ izathsM of
the .em to m- determined
to do n re effective advertiaing
TOAMtND UtSOtT UNUAtJ
Efforts
,. made In
men in to ina-
leri;. iand
in Eastern Oregon. Drop ii
i you iiave a thiral.
It co in a colla
tlian r bafora. i a
Spirit ol ..rKanizatiou in the air,
and the iiggost effort centers up
on th. i mist rates from March
1st to April 30th, and the $30
rate from all points, in the Middle
West to all point! in Oregon is
emphasised in every al
t und every appeal.
Hugene is attracting a large
w noun t of foreign immigration,
uid similar rejjorts come from
land andMedford. The Coos
Hay country h busy in prOM
its claims, while I Ore
n point are improving evwy
l-orluiiity to gain new citizi
and new industries.
The positive assurance that
a ift ii (xmpan and other great
iig companies will locate
engage plants at Portland will
.n hnpatus to the livestock
dustry of all this portion of tin;
I nited States. The location ol
I ir.i I luif. I, l.ril I
WinI-im-mIj
v evening ii" . ' . .' .1 ' vi. ,i
ii.K r. I.i-ll in V. Mullaa'a Li.li..
V J Irwin will I'" M
II. hi., i the '"'' Kane" w h
Math st II a i" "i :" p "
Kftbbsth m I I -
P in
l bs Hun . Bend i
l 'J .1 'elm k Sat I. Slid
.-..r.lul iiivilnli'.n If il.i,,l.i I., nil
In. i mi all, nil I I lib il
Al lh I'n .'.yleriKii . loin I.
Hiiiiid. Itsv. A .1 Irwin BBOVs
I', mi. Mrvn- lb turd iiid fourth
Mondays of -. I wonlbst II i
n.l 7 10 p in 8sbWth ' beol si
10 m in. vvrry Siibhath mortiiiis
The Less Star
RE8TAURANT
i
gala snd I
MBAUS Al HUU HOOK
Bakery in connection
A Specialty ( Short 0rdcrk.
abb ' Ifl . i.. 'I with ' 'Vlliii '
tbs market asWds ""' I
Bail a (sss. cssl fhaa) af fcer at 1st
Harney Valley Brewery Saloon
0000 MINKS "i mi ans
( ifiniHot lU h( ijunlitu
I NKLSON UAII.IS. M,im,".
limn. Ih,u,t
THE CAPITAL SALOON
i
( TTHEl i
i in-, ii aeon
Burn:, - - Oregon.
ILvdZcQco Xllc IIca.cLq.'u.artoxa.
Wines Liquors and Cigars.
Milliard and Pool Fables.
Club Rooms in Connection.
1. L LEWIS
Hill be (las la faraiah
PARTICULARS
and PRICES
Is sejeaa dnhieg
INFORMATION.
Su sh liihim
DESIGNS.
sy
S EITT1 R M
; b yW home
Ut bOO ! ' r I i anii lor
UMutitui a, ' 1 5Blyk',, ''
Ooslana. ij jj OW' "'' ';
r- '. I
j
aioNUMtN ' 9sfasiY,
i
jytv
MSaHirla
turn the wau be city wells i act' a '"' t,iat PB,V tube wiA notaie, aaay to appb these packinK bouse.-, will add to
in case of tin it would violate ' lel ll'e lo tne aoraneeaaiidinilaJiiniatioii devalue of holdings of every
the injunction and be truitn of bouse. The bill proposes three for any form of Piles; it soothe, breeder and produeer of cattle,
contempt of court Furtl He existing law. au ami heals, relieves the pain, itch-
Mr. Sweek's rio-l.r n, .he B.,uu.ni uf wiudl recommend- jng and burniuu. Man Zan Pil
of water and the lime during I by " - be inter- Remedy. Price TA) cts. Guaran-
which he max use it is restricted ior- Tb ",,L 1""lw nghl W1 d Tho Welcome Phar
b the decree and the induce- entr l" t,urv t0 wl lands' and Cy.. Burns, 0 I Haines. .
ment to accept his offer is there places the desert land eiitrymun llurnn, I
fore not ver strong, even if be whu ;U"1 u":i
were able u, make good." lands in the .-ame position as the Mr. Fanner, if you are in
We are tin if the opin- no1'" i tier upon said lands of a Plow or llarrovs move tin
ion that if the tit) is without a Hie matter of preference right way. My stock in that line is
of entry and survey. This change low. Call in before it is too late
(Concluded on page four.) in the law is deemed advisable, J.J. Tupker.
iccp, hogs, and uJtry, and liie
lairy products of Oregon will be
bled and find a market in every
nt of the world.
Five tons of printed matter,
presenting in an attractive form.
th by picture and by text, the
. .tal facts relative to the impor
ant fruit districts of Oregon,
have been distributed by the
I urtiaiid Commercial Club within
the last few weeks.
On '
il!) I nturged
i r w Wot
i
turn
t-verytlome
I .! ,
I
G. 6C. MfcRRlAM I
ruiliihm. irinHtw, i
.
The Burns Flouring Mill
j )H iTU4T-JVrtNr, Piopt.
MoiHiRiNHii' ! IK HILL PROCESS IS I
full u ilar n-i
tutjjli i ' tk$ i "a a ti ii
jin a i mlii, .
HOUR, KOLLID BAKLIiY, CHOP, AND
All kinds ol Mill led always on Hand
IKE VEkl HHiiESr iallEl PMCI nil low HOOD MILLINti IMEAl
CU8TOM WONK DONE
Good Seed Wheat for Sale
:
!
j
it
Job Printinj