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About The Times-herald. (Burns, Harney County, Or.) 1896-1929 | View Entire Issue (March 20, 1909)
-tJBr mmymmwm "t imlleMiX (l ttrat; SHwritejj Ce tin fry Covori an area of 0,428,800 acres of land, 4,03-1,001 acres yet vacant anbject to entry under tbo public laud lw of tbo United States. Tbo OfllclM l'aper of Harney Count)-, Ins tbo Inrgutt circulation and it one oj Jlio beet advertising medluas in Eastern Oregon. VOL. XXII BURNS, HARNEY COUNTY, OREGON, MARCH 20, 1009 NO. 18 1 TEW IRRIGATION CODE Essential Features Enacted by The Legislature 4 HE APPROPRIATION OF WATER his Law is of Particular Interest to The People of This Section and is Published by Request of Many Readers State Engineer Required to Make Examination of Streams. Sinco there has been consider- blo request for it Tho Times- erald herewith presents the lient features of tho new wat- codo recently enacted by tho islature, and now in force. early all of tho arid states have iring recent years enacted laws the subject of water rights. he Oregon code is probably tho ost comprehensive of all. The Wyoming law was taken as a sis, but many changes were und necessary in order to make fit the peculiar conditions ex ting in Oregon. The code may roperly be divided into three ctiens: (1) That portion re- ting to the adjudication of wat- Ir rights; (2) that portion relat ig to tho distribution of water 'here the rights upon a stream ave already been settled; (3) le method of acquiring rights the use of water. In order to carry out tho pro visions of the act tho State is di vided into two water divisions. Vater division No. 1 consists of til that portion of the state lying vest of the Cascade mountains, ogether with Klamath and Lake bounties. Water division No. 2 :onsists cf all the remainder of he state. For each water divi- ion there is appointed a water uperintendent to hold office un- rtil-Jnnuary 19Iir - ,Atli rooular election in November, 1910, a water superintendent is to be elected for each water division who shall hold office for a term of four years. There is also appointed a State Engineer who shall hold office until January 1, 1911. His suc cessor is to be elected at the gen eral election in November, 1910, and every four years thereafter. The State Engineer and the two superintendents constitute a Board of Control which shall (have the supervision of the ap propriation and distribution of the water of the state and de termination of rights thereto, subject to appeal to the courts. They have authority to make regulations which will secure the equal and fair distribution of water in accordance with deter mined rights and not inconsist ent with law. Upon a petition to the Board of Control by one or'more users of water upon any stream the said Board is required to take the testimony, and make such examination, as will enable them to determine the rights of var ious claimants up the stream. Notice is required to be given to all persons interested as to the time and place when such tes timony will be taken. Every claimant to water is re quired to present in writing to the Board the nature of his claim, the time of initiation of such right, the date of beginning of construction; date when complet ed, tho dimension of the ditch, the date when water was first used, tho amount of water re quired; and the amount and lo cation of the land intended to be irrigated and the character of the soil, the kind of crops culti vated, and such other facts as may be deemed relevant. Tho superintendent of the water di vision is authorized to take testi mony and administer oaths in luch proceedings. Upon comple tion of the testimony notice is riven to all parties interested hat the evidence will open to nspection at a time and place lamed. Any person interested nay contest rights of any other :laimant upon tho stream. The luperintendent is also required a fix the time and place for the tearing of such contest. Upon Jio expiration of tho period k which the evidence is kept MiLfor inspection such evidence Bnsmitted to tho office of tho oaYrttf.T'ontrol. of The Recent Law The state engineer, or his as sistant, is required to make ex amination of streams, tho carry ing capacity of various ditches and canals taken therefrom, and the irrigated lands, and tho lands susceptiblo of irrigation upon such streams. After the taking of testimony and the completion of data by tho state engineer, the Board of Con trol is required to mako an order determining the several rights of claimants to tho water of tho stream. Thereafter a certified copy of said determination is fil ed with the county clerk of each county in which said stream, or any part thereof, is situated. Upon the filing of such deter mination an order is made by the circuit court fixing tho time for hearing of said determination. The evidence, or a certified copy thereof, is also to bo filed with tho clerk of such circuit court. Thereafter the circuit court may hear exceptions to the determin ation by the Board, and if no ex ceptions are filed tho circuit court shall entro a decree in accord ance with the findings of the Board. If necessary the circuit court may order further evidence to be taken. The circuit court may affirm or modify the determina tion of the Board. Appeals may ,lo-tnkon front tlicdccrco-oi'-tlic circuit court to the supremo court The Board of Control is re quired to divide each water di vision into water districts when ever a necessity therefor shall arise. For each water district shall be appointed one water master who shall bo a resident of the district The water mas ters are required to divide the water of streams, or other sourc es of supply among the several ditches and reservoirs taking water therefrom according to the rights of each respectively. They may regulate the head gates of ditches and the controlling works of reservoirs, and the distribu tion of water among the various users thereof. They are requir ed to prevent the waste of water and to see that each person ob tains the amount of water to which he is lawfully entitled, and no more. Such water mas ters are not to be appointed un til a necessity arises for such ap pointment. Hereafter, any person intend ing to acquire the right to the use of water is required to make application to the state engineer for a permit to mako such appro priation. Every applicant must set forth the amount to be used, the location and description of tho proposed ditch or other work, a description of tho land, and the acreage to bo irrigated, as near as may be, and such other data as will give to tho Board of Control information regarding the proposed appropriation. Up on receipt of the application tho state engineer shall mako an en dorsemeni thereon of date of its receipt. If tho application con forms to the law, the state engi neer is required to approve the same, unless it shall appear that such proposed use will conflict with determined rights, or will bo a menace to tho welfare of the public, in which case tho ap plication is referred to tho Board of Control for consideration. If tho application is approved, a per mit is issued to the applicant. Actual constrtruction work must bo begun within one year from tho date of approval of tho application, and such construc tion work must thereafter bo pro secuted with reasonable diligence and must bo completed within such reasonable timo as is fixed in the permit issued by tho Board of Control, not to exceed fivo years. Any applicant may appeal from tho decision of tho stato engineer. Certain fees arc required to bo paid by tho appli cant at tho timo of filing such application. Tho right acquired shall flnto from tho filing of tho application. Whonovcr-it appears than any appropriation has boon perfected and the works completed tho board of -control is required to issue to tho applicant n certificate to that effect Certificates issued for power purposes shall bo limit ed to a period of 40 years. All water required for irrigation pur poses shall remain appurtenant to tho land upon which it is used; unless it shall become impracti cable to ubo such water upon tho land to which it is appurtenant, in which caso it may bo trans ferred to other land and becomo appurtenant thereto. Such trans fer must bo approved by tho Board of Control. Rights to tho uso of tho water heretofore acquired aro protected, including riparian rights which have actually been put to benefi cial use prior to the passago of this Act Where appropriators have, in good faith, commenced tho construction of works and have diligently prosecuted tho same, their appropriations aro protected by this Act; and in caso appropriations have been at tempted heretofore, and tho work has been commenced and dili gently prosecuted, such appro priations shall not be set aside or avoided on account of any ir regularity. All rights to tho uso of water heretofore acquired for municipal purposes aro confirmed by this Act and no right shall hereafter be acquired which shall impair any municipal water sup ply. Any person or corporation mav exercise tho risrhtof eminent domain for tho purpose of ob taining right of way for ditches across tho land of another person for any public use. INDUSTRIAL NOTES. (Portland Correspondence j. Oregon has a champion in R. L. Smith of Shawnee, Oklahoma, who has just advised that a half dozen families started for this slate last week, with fifteen fami lies to follow from tho same vic inity on the 15th Mr. Smith will locate hero himself in tho near future. The Ciiicago Association of Commerce havo decided that it is impossible for them to send the hundred and fifty school boys and girls for a visit throughout Oregon this Summer, but tho dis cussion of the subject in tho great mid-continent metropolis has created a tremendous amount of enthusiasm, and' it is thought now that probably some othor city, possibly St. Louis, may take up tho enterprise and make it a success. In Chicago tho heart is willing but tho purse is weak. Tho business men of Portland have definitely determined to mako tho publicity fund of the Portland Commercial Club $100, 000 annually, and this sum will bo spent in advertising tho re sources and advantages of the whole stato of Oregon as hereto fore. "Harpers' Weekly" under date of April 3rd will dovoto a great deal of space to tho Pacific North west, and in this number Oregon will not bo overlooked in either text or picture. Tho Portland Commercial Club has a pago in which the central fcaturo is the famous scroll carrying tho message "Oregon is tho place for you." George D. Maxfiold, General Passenger Agent of tho Wabash Railroad, with headquarters at Buffalo, Now York, is anxious for literature from all points in Ore gon. Ho says tho inquiry for this information is insistent, and it is emphasized at this time by the rate of $42.50 in effect to Oregon points from his region until April 30th tho regular fare is $57.50. Wo seo thero is likely to bo some fight as to what Eastern Oregon county will secure tho new experiment station. Thero should not bo as Harney has tho greatest area of dry land and tho bill proposed at its instigation. If these othor cou ntie3 were after a station they should havo made an appearance in tho field earlier in the game. Oriano. DIGS ANOTHER EXCUSE' No Road Into Central Oregon Until Four PenJCent 4s Assurffl IS A RATHER UNUSUAL REQUEST Records of Railroad Construction in Northwest Fail to Reveal Any Project Which lias Been Mndc Contingent Upon Such Pledge by Territory Through Which Road be Constructed. Tho Telegram Bays: Harriman officials now interject tho "4 per cent" idea into tho Centrnl Ore gon situation. It is intimated that no road what over will bo buiit into tho long-neglected reg ion until Harriman is assured that tho country will pay 4 per cent interest on capital invested from tho start, and 4 per cent for operation and maintenance, This is tho nub of a statement which is accredited to Chief En gineer Boschko of tho lines in the Northwest in explaining some of tho causes for tho cloying dolay in getting started. Such information is, without question, inspired, as only a few days ago, E. II. Harriman, him self, wired tho Chamber of Com merco of Marshficld that tho Drain-Coos Bay extension would never bo constructed until the business of that community would mako a like guarantee. Records of railroad construc tion in tho Northwest fail to re veal any other project ono or 1000 miles in length which has been made contingent upon such a pledgo by tho territory through which tho road was to be con structed. As evidence of the fact that tho "Wizard of tho Pa cific" stands absolutely alono in taking this unpredeconted posi tion, hero,, are a fow projects which neither the financiafde prcssion which Hnrriman com plains so bitterly of, nor the harrying Winter weather that retards his (but no other) con struction work havo blocked and there has been no "4 per cent" tail to tho kite. Tho North Bank Road has just about completed 378 miles of the finest typo of road in tho West into a poorly developed country at a cost of close to $50,000,000. Tho Milwaukee is closing up tho last gap of 1373 miles of its Pacific Coast extension, which was rushed right through good times and bad, severo weather and mild, and at a cost that runs into tho hundreds of millions. In addition to this President Earling, of tho Milwaukee, has just announced at Spokane that ho is to build a network of later als and feeders, which, from tho best information to be had, will aggregate about700 or 800 miles, two or three times as much rail road as Harriman has over built in tho Northwest Tho North Coast, or Strnhorn road, has under construction in tho territory between Spokane and Portland and Pugct Sound, about 700 miles of main lino and branches, whLh is being pushed into a territory none too well de veloped and in which thero will bo the greatest struggle for busi ness tho Northwest has ever known. This road never stopped to ask for 4 per cent dividends, and it has got to .fight tho Great Northern, tho Northern Pacific, tho Milwaukee and tho O. R. & N., in different sections for overy ton of freight and every passen ger it gets. Tho Great Northern is throw ing out extensions into C. P. R. territory by tho hundreds of miles, and tho C, P. R. is recipro - fif-'i' Are we content to let the situation -- . . i cating in tho G. N. field. In overylinstancc cited, no ono road is master of thojsituation or has any richly productive ter ritory, "bottled up," such as Har riman has in Central Oregon, with whoso futurolho has been juggling all these years. Harri man in hisllrttestTstatemcnfre gqrding tho whole Oregon rail road situation is only demonstrat ing" further his" long-established method of not building a mile of road until ho has to to save his ba con.and from the instances herein cited, it shows that all tho other railroad magnates, arollinvading strategic territory, aggressively, and because tho other fellows already there can't help them selves. The only now feature of tho latest utterances of the Harriman oracles is that the Columbia Southern project to tap Central Oregon, as well as the extension Eastward to tho Corvallis & East ern, havo both been given up. It is further stated that unless tho maps of tho Deschutes River road aro approved, this project may also be abandoned, and the road built under an entirely dif ferent set of surveys. Should the Reclamation Ser vico retain its rights for which it hasmado filings, and force the Deschutes people to higher grades, Chicf.'E'ngineeriBoschke estimates that tho cost of the 140 miles of road will exceed $6,000, 000, instead of tho $-1,760,000, as alreadyrcstimated on the basis of present surveys. IMITATES A COVOTE. In tho musical department of thostoroof Lunaburg& Dalton Burns, Ore., is what one would take to bo a coyote, or otherwise known ns a prairie wolf, tho enemy of the hen roost, and the dreaded foe of the stockman, the wild animal which tho state Legislature of Oregon recently placed a bounty on his scalp. You can hear this animal yelp most any time, at the sound of which John McMullcn's wolf hounds will respond with tho ut most confusion and disappoint ment when they cannot scent or seo tho animals which they are accustomed to chasing, so natural and perfect is tho imitation. It is remarkable what great im provements havo been made in recent years on tho phonograph, and wo predict that Mr. Edison will yet mako tho phonograph so that ono can look into the horn and seo tho object from whence tho sound is eminating. Lunaburg & Dalton now havo on exhibition a record composed and made by Robert Sottlemyre, tho pioneer cow boy of Eastern Oregon, who has spent most of his life in tho saddlo on tho fron tier, riding after'stock, his com panion usually consisting of his faithful bronco and the hungry coyotes which inhabit the unset led regions of Eastern Oregon. Mr. Sottlemyro's daily life among theso wild, hungry, prow ling animals has gained for him a faculty of imitating them to perfection in their language, and remain thus when we have the remedy? tho cow boys say that many of tho hungry beasts fall a victim to his trusty six-shooter in con sequenco of this ability to decoy them near him by tho means of his coyoto dialect, as ho lies se creted behind-somo ro?r ofSftge brush. At ono timo Mr. Sottlemyro's hobby was a vaquero out-fit, ho no doubt now owns ono of tho finest saddles in the United States. It is claimed that tho gold and silver mountings on this saddlo is $750.00 in value, and was admired by many cow-boys of tho west at tho St. Louis ex position. Whiio Mr. Settlemyro retains a great admiration for tho bronco, six-shooter, tho ex citement and pleasures connect ed with cow-boy life, ho has now found something that supersedes all his former hobbies, ho is now tho proud owner of two Edison phonographs of tho latest type models with several hundred carefully selected records, ho al so, owns a beautiful farm' in Sun set Valloy where, with tho aid of his phonographs, too entertains his friends in royal style. Bob is a splendid cook, his house is nicely furnished and is as clean ly kept as any lady's in tho coun try, many of whom aro loth to acknowledge but aro inclined to believe that Bob ought to have a companion to share the pleas ures of his lovely homo and now sinco he has gained eminent no toriety as a phonograph owner and lover, as well as a record maker, he will no doubt receive many queer proposals by the fe male batchelors throughout the United-States, and who knows what may be the result as he has recently divided his affect ions for the saddle with the phonograph and there may be further divisions. While Mr. Settlemyre's voca tion has thrown him in tho socie ty of a class more or less wrought in stylo and manner, notwithstanding his execntrici ties ho has acquired for himself the reputation of being a good, honc3t citizen of high character and integrity, always speaking a good word for his neighbor and fellow man, no one, not even the once hostile Indian has been known to leave his domicile cold or hungry, by this kind 'of a life Bob has gained tho highest es teem of all those with whom he comes in contact One of the pictures furnished the publishers of "Country Life in America" by tho Portland Commercial Club is honored by being reproduced in that Maga zine of March. In an article contrasting tho rose gardens of England with American gardens, this picture of a luxuriant rose hedge is shown, with informa tion beneath to tho effect that Oregon is tho only place in the United States with a climate ap proximating that of England and permitting such roses. "Such roso hedges as these aro common in Oregon" is a statement that is going to attract much attention among flower lovers all over the cduntry. Good Couch Medicine for Children. Tho season for coughs and colds is now at hand and too much care cannot be used to pro tect the children. A child is much more likely to contract diphtheria or scarlet fover when ho has a cold. The quicker you euro his cold tho less tho risk. Chamberlain's Cough Remedy is tho solo rolianco of many moth ers, and few of those who havo tried it aro willing to uso any other. Mrs. F. F. Starchor, of Riploy, W. Va., says: "I have never U3ed anything other than Chamberlain's Cough Remedy for my children, and it has al ways given good satisfaction." This remedy contains no opium or other narcotic and may be giv en ns confidently to a child as to an adult. Jbor salo by all good dealers. Romember the Inland Empire Realty Co, furnish competent help froo. If you need help call and see us. Adurn George i List your property V S Empire Realty Co. if you desire a quick sale or trade S Employment Agency mt LADIES' NECKWEAR FOR SPRING 1909 Embrolderled Linen Collars, Lace Collars and Bows, New Ascots. Call and see our new Waistings & Was!) Materials We are showing the strongest spring line of Ruching, Neckwear, Ladles Belts, Silk, Net' and Lawn waists ever brought to Eastern Oregon. Something new in Sorosis Un derskirts in Silks and Satines We handle exclusive patterns in the above and nothing shown by us is handled in the Interior. AHjWaists, Neckwear, Belts and Underskirts are selected from New York stocks and are Spring Styles. Brown's Satisfactory Store. in'nuntnnmuattmtimnnnmmnmmttmnmtimnmtna The Harney Valley Brewing Co. Manufacturers of Family Trade Solicited Free Delivery T. . JgNKINSygMana&er THE CAPITAL SALOON, CIIAS. BEDELL, Proprietor. Burns, - - Oregon. Wines. Liquors and Cigars. Billiard and Peel Tables. Club Roomsin Connection. BETTER ANO SCIENTISTS AS mFEBTHAH MACTICALLY IntotMlble AHY STOKE Ovor BOO Beautiful Designs. Bend for Prloo List A Circulars. I MONUMENTAL DRONZE COMPANY, tuusa bpobt. con u. uiHUfimntn av akc mtSt Mmnmt:mtjmmmnjmtuamajmm:BnmmmnRammjnmBta The OVERLAND HOTEL Burns,Qregon Afford the Best Accommodations to be hadjn Harney County CLEAN ROOMS, CLEAN LIN.NEN, PALATABLE VICTUALS The patronage of nil guests under the old management especially sylicitcd. Rntes $1 a day, $6 a week, $22 a month Henderodh Elliott, Propt. jt:xt::HjjnmtnumamimttmmammtaMtmmi For Diseases of tho Skin. Nearly all diseases of tho skin such as eczema, tetter, salt rheum CandE. barbers' itch, aro characterized by an intense itch ing and smarting, which often mnkesHifo a burden and disturbs sleep and rest Quick relief may bo had by applying Chamber lain's salve. It allays tho itch ing and smarting almost instant ly. Many cases have been cured by itsuse. For sale by all good dealers. W. T. Lester with the Inland 8 ggggSgjfr M. L. LEWIS Will be glad (o furnish PARTICULARS and PRICES To aayoft deslrlfg INFORMATION. Seo his Ilaudseae DESIGNS. VENS ARMS arc for sale by all progretiWe hardware and Sporting Goods Merchants nml I)AX BEARD'S trhnJitl efforf " GUNS AND CUNNING " will bo mailed postjml.l to (T ;' applicant by J. SruYEM Ai;mj S TOOL tOJIPANV, I iilcojieo Falls, Mmx, upo.i receipt of pi Utf, i(ircloilibiiiiiHixk El'Ull !0 cuius. WrU'cn iraiulii 1111 L J. STEVENS ARMS & TOOL CO. P.O. ti4v1 Cu.ov riJ., , - Site, ffV!'vf II lisrM .luTii (ikri VsA ftTPi m r fg vnnL I I W iml 9 I W' V MmL" 4fcM warn