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About The Times-herald. (Burns, Harney County, Or.) 1896-1929 | View Entire Issue (Aug. 28, 1909)
m f r & VT(c Vlmc"3Hcrnl& The Officii I Paper ol Unrnc) County Iim the Urgvit cliculatlon nd Isono oj tho bctt admitting mediums in KnMoin Oregon. Mine, :fie5rtl Wnrnty' Count ry Coven an area of 0,428,800 ii(f! o land, 4,031,001 Aitc yet vacant ihiIiiviI In entry tinder llio public land ln of tlio United Btotes. VOL. XXII BURNS, HARNEY COUNTY, OREGON, AUGUST 28, 1C0O NO. 41 BM SQhi i2 Ji 1 inftflr I h Aq rtylty'y wwJ-Mi9 lATlMPQC! Ann nnfQ &A lbly built for n feeder to tho Con- rJL.vjJLAJkJkJ jCX JL SS.fJ JJtSX a. i trnl Oroiron lino, which from igon-Idaho Boosters Sold Inter esting Session on Coast all from nvor, on to EYPASS STRONG RESOLUTIONS by District Railroad Plan and Recommends Adoption of Coffered Amendments to Constitution Covering Tiiis Plan Suggests Law to Allow No Monopoly of Natural Passes. ens unfortunate that moro ntes could not go to tho Son-Idaho Development Con- meeting at Coos Bay last . Dr. H. M. Horton and Eseem to be the only Burns o in attendance. According iwspnpcr reports the meet- ras largely attended and was iccoss in every particular. misiness sessions were in- pting, and excursions on the In and a clam bako were part ie diversions. The following ;ig resolutions were passed fie meeting: IVt the conclusion of this, its I fiscal year of labor, the con- is wisnes to invite the nttcn- of the delegates and the lie to the fact that it is es- lially a movement toward fhelp by which the people be aroused to the fact that resources are their own and strength is in themselves, they need not and ought not mt helplessly until relief es from the outside. In fur- mce ot this principle the jress lent its aid to and be es it secured the passage of i acts of the Oregon Legisla- I which mark a new era in the liection of the people with own progress and devejop- t. )nc of these is the Port Cotn- Bi l act, by which any com ity is authorized by proper Cedure, including submission popular vote, to create a Eng district for raising funds eepen and improve harbors waterways within the dis- Under this act four such tricts havu already been form- vizj The Port of Coos Bay, Port of Coquille, the Port of slawand the Port of Tilla- ok. The beneficial impulse an to local self-help is nppar- mie second is the passage of fact to refer to the people the Istitutional amendment to per- ; of state or district railway Istruction. The congress points ; that an amendment is neces- ly as to the district plan, and state of Idaho passed such enabling act unanimously already a railway district has n created, including the coun )f Ada, in which Boise is st- and the petition for tho lating of this district was Ined by the leading men of pse, Put the Oregon Legis- jro waa not ho auro of popular iroval and the submission to people by the initiative waa ly procured with the am given the business men of Portland, So went in a body before tho fislature and insisted that the fcasuro be submitted to tno tiplo. To these men much cre- is due. 'Resolved, That tho thanks of congress are due to the irshfield and North Bend com- ercial organizations for their tertainment of delegates and .vision for holding this cen: 2!,s. The hospitality of the jplo of Cops Bay was again demonstrated, "'Resolved, That the impor- ice of the Coos, By harbpr and territory naturally seeking it an outlet and us possible Due to tho naval vessels, of our ution warrant tho improvement tho harbor on tho most per; iinentpjnn, and tjiat tpmpor- lg or nibbling projects are in real economy and jnjuri- to the true vnluo of the hnr- Whereforo jt is further "Refolved, That it is the de led sense of this congress, Iter investigation of tho eltua- n, that tho Goneral Govern- fcnt ought at once to undertako improvement of tho harbor , jetty plan, supplemented by dredging, substantially as in dicated in project No. 2 of Col. S. W. Roesslor, United State Corps of Engineers, which may be found in S. H. R. document No. 958, GOth Congress, first session, in n lotter dated 'Office of tho Chief of Engineers.' "Whereas, it has been repre sented to this congress that it is intended by the War Department, in chnrgo of river and harbor im provements, to remove tho dredge Oregon, now at work on the channel at Coos Bay harbor, to Grays harbor, Washington, and, whereas, it is further represent ed that the dredge was in fact constructed for work on tho Ore gon coast, and especially for Coos Bay harbor, duo to person al efforts of citizens on Coos Bay, and that the dredge was brought to Coos Bay and operated with money furnished by private sub indications will continuo Vale up tho Malheur through Ilnrnoy Valley Natron. Siuco it has been acknowledged that Hill Is back of Porter Bros., in tho threatened invnslon of Central Oregon up tho Deschutes, the Hnrrimnns nro gotting very busy and considerable railroad activity Is looked for in this section. It lias been stated by those in n position to know that tho Bhuol extension, or tho Short Lino cut oil, western terminus will uo Ontnrio and Qhould tho now lino connect with tho present, road before reaching this city a double track will bo built on into On tario. This matter has been fully considered and tho estab lishing of Malheur Junction has settled the fact that Ontario is to bo tho terminal division of tho Hnrrimnu system in Eastern Oregon. OUR NEW WATER LAW As Interpreted by State Engineer in An Address at Spokane TALKS TO IRRIGATION CONGRESS No scriptions of citizens of Coos Bay, to wit, 0,500, and additional sums, making a total of $21,000; and whereas, tho Port Commis sion of. Coos Bay is now offering a guaranteed fund of $50,000 to continue the much-needed work of said dredgp. "Resolved, that the good of tho people has been in every age the highest law, and it is against public policy and true equity to permit those who would not build when they could to use the courts as a means of obstruction against those who seek to devel op the state by the indispensable modern highway, the railroad. Such abuse of the powers of jua tico is an injury of the people. "Resolved, that it is unwise to permit individuals to file surveys in or otherwise secure control of tho great natural passes, merely to hold them against a rival, re fusing either to develop the coun try or permit others to do so, and that a law should be passed de claring or condemning all such controlling points to tho Htntc, and that the state should not per mit any right of way to be ac quired therein, excopt upon suf ficient guarantees of building in good faith, without delays and open to pse by all pr any other roads, under proper regulations, "Resolved, that it is the decid ed sense of this congress that, while it will welcome all bona fide private railway building", and will aid and pot obstruct, yet it believes construction and owner ship of rail highways by the (lis- tnct plan is the correct principle, and is as feasiblo as the keeping open of waterways by the dis trict or commission plan, and it is further tho sense of this con gress that the peoplo ought to adopt tho proffered amendments to tho constitution which will como before the peoplo in 1910. "It is unanimously resolved by this congress that under all tho circumstances it would be most inequitable and unjust to inter rupt tho -important work the dredge is now doing in Coos Bay, and which the citizens of this community are paying for, and tho dredge ought, in good public polipy and common hon esty, to remain, at Its present work until completed," EXTENSION OF V-M-H ROAD. The Malheur Valley railroad will bo extended from Yao tq Brogan, tjo now town on Lower Willow creek, tills fall, a distance of 25 miles, sayH the Ontario Argus, AH arrangement! nro complete and construction work will commence soon, Tho Mal heur Valley R. R. is tho road be tween Ontario and Vale, 10 miles INDUSTRIAL NOTES. (Portland Correspondence). Agricultural experts of tho country, who have been in ses sion in Portland during the past week, closed their most success ful annual gathering Saturday with an attendance ovcp larger man mat at a recent convention in Washington, D. C. The ses sion was one that means much to tho Pacific Northwest for it was attended by men who are keen students of agricultural possi gilitira and what they saw here impressed them. Thoy were afforded an opportunity to inspect the various fai ming districts of the state by means of special trains run by the Portland Com mercial Club to Willamette Valley points nnd Hood River. On these trips they were guests of tho Commercial Club and wero escorted by a special committee of prominent Oregon peoplo who gnvc all tho information desired on tho different districts inspec ted. The results of the conven tions will be far reaching, it is believed, by those who are fa miliar with the work of the or ganizations, President Kerr, of tho Oregon Agricultural College, was chosen the head of tho As sociation of American Agricul tural Colleges nnd Experiment Stations for tho coming year. President Kerr secured tho con vention for Portland while in attendance at last year's session. President Taft will bo made the centor of a big demonstra tion when lie comes to Portland October 2. There will bo no pri- vato entertaining for tho big President, but ho will bo on view by tho public throughout his visit. There will bo nbigpnrado in tho President's, honor, in which ho will rjde, nnd where ho may be seen by the thousands who will want to have a look at tho nation's executive. Presi dent Taft will bo asked to mako an address at tho Armory In tho afternoon and attend a banquet at the Commercial Club at night on October 2d. Plans for Sun day, which will be spent hero, arc not made up yot, but tho President will probably attend church und spend tho remainder of the day resting. Mayor Simon has named a prominent commit teo of Portland peoplo to arrango tho President's entertainment. An ovent of great interest, especially to tho Pacific Coast, will bo the visit of 30 of the lead ing bii"lni vb men of Japan, who will nriivc on Sept mber 0 for n tour of CO cities of the country, Tho visitors are coming to learn of tho rt'godrcea and commercial methods of the United Stales. The trip about tho coimtry will bo tnado in a splondidly equipped special train at a cost of $76,000, contributed by tno business in terests of tho United States, A committee of prominent men hm been named to mvo charge of the visitors whjlo In Portland, and arrange for their entertain ment hero, Fon SAi(i)o you wnntanico homo? 100 ucro ranch 8 miles from Ilnrnoy on Rattlesnake Creek. First wntor right, run ning wntor tho year around, Right to Use of Water Prom Any Stream Can Hereafter Without Compliance With The Law Old Evils Now With Complete Code nnd Title be Acquired Remedy of jo Water. V fJ-.V(A)fc in length, and is the eastern link small bearing orchard, 40 acres of the Harriman lino across cen- in cultivation, flno range for cat- tral Oregon to Coos Bay and tlo horses or sheep. For further Portland. Tho Brogan extension particulars call or address Roland will bo a branch lino and proba- Hankins, Harney, Oro. Following Is the address deliv ered by State Engineer John II. Lewis on "Oregon's Now Water Law," before tho delegates to tho National Irrigation cengress: Tho stato of Oregon has re cently adopted a system of public control for her wntor resources. This system is in advance of other slates in that rights to the uso of water for power develop ment nro limited to a period of forty years, subject to renownl under the laws then existing, Compensation to the public for tho uso of this resource is also provided. Under the old law, no founda tion exists for titlos to wntor. Utter confusion prevailed as to the legal status of a water right Litigation among water users grew to such an extent as to prove n serious burden upon irri gated agriculture. Dams and flumes were annually destroyed nnd lives threatened in commun ity qunrrels to secure a propei division of streams. Under such conditions, cnpital declined to in vest, and homescekera went to other states where the purchase of a water right did not mean tho purchase of a law suit. To remedy these conditions, a com plote codo of law was enacted, which became effective February 21, 1908. Tho ultimate object of this law is to Becuro a proper division of streams among thoso entitled to its uso. It is not supported by any constitutional provisions re lating to wnter, but rests entirely upon tho police power of tho stato to prcsorvo tho public pence, health and safety. ' Its enactment is of as great importance to Oregon as was tho making of tho ' 'Doomsday Book, ' ' in 1085, by William tho Conquor or, which was tho first attempt in England to systematize- land titles. Tho pew law is an attempt to ayatema.ti!;o water titles in Ore gon. ia enforcement devolves upon the state engineer and di vision superintendent of each of tho two divisions into which tho state has been divided. County water right records hnvo been abandoned In favor of tho centra! ofllco with largo powers. Besides a few miscellaneous provisions, this law is divided into three divisions, which will bo taken up in erder: (1) Tho determination of early rights; (2) Tho granting of new rights; and (8) Tho pro tection of all rights when deter mined. The state engineer and tho two superintendents sitting as a board havo power to determine all water rights on a given Btrcam upon tho application of any wator user. This determination is based upon field surveys by tho Btato engineer and testimony ta ken by tho superintendent. Tin testimony is in tho form of answer to questions upon n sim ple blank form which is sent to each claimant thirty days in nd vnnco of tbo dato of hearing. Whep nil pf tho claims havo been subscribed to under oath before tho superintendent, thoy are, after notice submitted for tho in spection of all interested water users and contests permitted. In this way, accuracy of infor mation la assured, as sol Wn tor cat will compel each water user to see that 1i!h noighbor'a claim ia not in excess of that to which ho la outitlod. Upon tho ovldonco collected an order will bo entered by tho board setting forth in tabular form the priority, location and extent of each right. This or der becomes effective atpnconnd can be enforced by tho appoint ment of a water master.'. It Is later filed with the circuit court for confirmation. If no excep tions are taken within thirty days, a decrco must bo entered affirming the determination of tho board. A water right certif icate is then issued by tho board to each claimant, based upon the decree. This certificate will be to tho water right what the pat ent from tho United States is to tho land title. Tho law operates to mako the water appurtenant to tho land where used. Tho fees payable in advance are ex pected to about equal the cost to the slate of theso determina tions. The demand for such n law is shown by the fnct that applica tions for tho determination of rights to wnter on forty different strennis have already been filed with tho board. About one thousand claimants aro involved in one or these determinations. Tho experience gained by the board in tho first determination is carticd to tho next strenm, perhaps in another judicial dis trict, and their report of defects in tho law will bo a valuable guide to tlto legislature for fur ther action. No right to tho uso of wnter from any stream can hereafter bo acquired without compliance with law. This insures a com plete nnd reliable record of new rights, which is necessary to pro moto tho development of our wnter resources. Tho reliability of this record is further assured by tho penalty making it n misdemeanor to di vert wntor until tho issuance of n permit by tho stato engineer. This officer has power to limit llio amount of wnter asked for, and to fix tho time within which tho works must bo oomploted and the water applied to benefi cial us.e. A permit can bo denied whero tho proposed uso is a men ace to the safoty and wolfnio of tho public. The fees payablo to tho stato in connection with tho granting of permits aro expected to fully meet the cost of admin istration. No protection can be granted by tho state for early rights un til after thoy havo been deter mined. A single determination on a stream is final, because it involves nil claimants. New ap propriations cannot complicate the situation, for the reason that such rights will bo fully defined nt the limo of initiation. By making wator appurtenant to tho place of use, a uniform system of township plats can bo employed for rocording deter mined rights, so that only a few seconds will bo required to ascer tain whether a glvon tract of land has a valid water right This information will ultimately bo published in tabular form' for tho convenience of the vn,ter user, the prospective investor, and especially as a guide to tho water master, whoso duty It Is to distributo tho. wator in accord ance with such rights, When all tho rights on any stream havo been determined, a water master will bo appointed, who can bo called out during times of scarcity to protect any water user, Tho hoadgates of all ditches abovo will bo adjusted to admit only tho amount of wator to which each is entitled. Ditches of lato priority may bo entirely closed. Tho law makes It a misdemeanor to disturb a hendgato when lawfully closed by tho wator master, Storod wator, when released Into tho natural channel of a stream is also protected by tho water master and the owner per mitted to divort an equal amount less than lost In transit by seop ago and evaporation, Tho basis of tho law is priority of appropriation nnd beneficial use. Tho uso is tho basis of tho right nnd not tho capacity of llin flit Ml nv flio mmi'mfmtlnii i " :... , ;:: , "" , ' : r -t vr hiiiuu, upon lunnnmuun oi me time allowed in the permit, proof is taken by the superintendent in the same manner as for origi nal determinations, and n wntor right certificate is then issued, based 'upon tho extent to which tho wnter has actually boon ap plied to beneficial use. Old rights aro thus placed upon the same footing ns new rights. iniB system ot public super vision is satisfactory to the gen eral tax-payer because it is self- supporting promotes tho gener al prosperity of lhestnlor'-nn& may in future prove a source of revenue. It is satisfactory to tho water user because he fees in it tho end of vexations and costly litigation, and can devote all his energy to tho growing of crops. It is also sttisfactory to tho prospective settler nnd to the investing public, for the reason that a foundation in law lias been provided, and the necessary police protection assured by the public. lit vvv rvwy. vxs&av!& NEW FALL GOODS ARRIVING N. BROWN & S0N5 Burns, Oregon l'ntronn will rcrehe Trading Stamps, duriiijr this sale. HILL'S GREAT MOVE. The announcement that James J. Hill has purchased the Oregon Trunk lino nnd is now back of Porter Bros, in building a rai way lino to central Oregon is the best news eastern Oregon lias had since the main line of tho O. R. & N. was built in the early eighties. The fact that Hill is invading the interior and is mov' ing in nn earnest, energetic man ner makes it practically certain that tho great central portion of the state is at last to be devel oped. When it is fully developed Oregon will be a new stato. The great interior, now with out transportation facilities other than that afforded by stage lines and freight teams, compri ses two 'thirds tho area of the state. Much of the interior is mnrvelously rich in natural re sources. Hundreds of thousands of acres of arid land may be irri gated. Much land i already being brought under ditches, especially in Crook and Klamath counties. Other sections aro ad apted to wheat raising, lumber ing, etc. But in every portion of tho interior development has been rotarded by the absence of transportation facilities. The most pleasing thing about the situation at present is that it is generally admitted that neither Hill nor Harriman will stop after they havo built south up the Deschutes to Crook county. Hill's road at least will go on to San Francisco and there can be little doubt that Harriman too will build southward to the Cal ifornia lino. Then an cast and west lino is also a ccrtainity. Harriman will build ncross tho stato from On tario to western' Oregon nnd Hill mny build across to Coos Bay. Many feeder roads will be built , in. time. The railroad map of j Oregon will bo completely revised. After the Hill road has been built through to California itj would bo a logical thing for the ' Northern Pacific to extend its Pendleton branch on to Central Oregon, probably connecting with tho Deschutes road in Crook county or farthor south, The extension of tho Pendleton line would shorten the distance from San. Francisco to tho east via tho Northern Pacific. At tho same time such an extension would open up tho great John Day country, When James J. Hill purchased tho Oregon Trunk line ho smote tho rock of eastern Oregon'3 re sources and inestiinnblo benefits promiso to flow forth, Lot it bo hoped tho veteran empire builder will Uvo to comploto his work within this stnto nnd to sco tho interior of Oregon transformed into n settled, cultivated region. East Oregoninn. 1!3: mu::uuu::unuttutmmt:n:m:mu:nntnt::i::::i- ;tsattiiitr: --sgfefss; The Harney Vaiiey Brewing Co. Manufacturers of and Family Trade Solicited FrcclDellvcry T. E. J5NK3NS, iV3ana?er 'JaJfrBSS? -tffirai THE CAPITAL SALOON, CHAS. BEDELL, Proprietor. Burns, - - Oregon. ' Wines. Liquors and Cigars. Billiard and Peel Table. . Club Rooms in Connection. 3 BETTER iKO CHEAPER THAU M UCnCALI,Yirl MstncuDte )iB$; STOHE 1 1?U&& 1 via 1 1 1 1 r 1 OvorCOO j5V$' Cowl for Dooutlful lfeK,j Prloo List & Doolrtns. hSK i Clroulora. i II81IIP I -" fAriFrr nn ny zuuzk) civ. -. cu.1 1. M. L UWIS Will be glad to famish PARTICULARS aiidJRICES To anyone desiring; INFORMATION. See bis Handsome DESIGNS. 'ANY, B.t;;j.:;:!imm:r:atmtit:::ittt::niiinsjniiiimiiiMtiii!i;i!jjiiititi:T:i!'!! The OVERLAND HOI SL Burns, Oregon Afford the Best Accommodations to be had in Harney County ChEHN ROOMS, CuRHN MliNEN, PfluATflBuE VICTUALS The patronage 01' nil guests under the old management especially sylicitcd. Rates $1 a day, $6 a week, $24 a month H i nderson Elliott, Propt. imi:::im:m:mm:tm::tmtnmm!:inm:mmm:mtimmm:mmnmnmuuimt NOTICE Any and all persons owing tho firm of Hagoy, Fenwick & Jack son, either on account or note, aro hereby notified that nil such accounts and notes nro now in tho hands of C. II. Leonard for collection, Such persons nro hereby requested to mako immo dlato settlement of tho same. Dated Aug, Oth, 1909. Haqby, Fenwick & Jaokon, Intense Colicky Paint Rdlcud, "For some years I suffered from intense colicky pains which would como on nt times and from which I could find no relief," says I. S. Mason, of Heaver Dam, Ky. "Chamberlain's Colic, Chol era and Diarrhoea Remedy was recommended to me by a friend. After taking a few doses of tho remedy I was entirely reloived. That was four years ago and there has been no return of tho symptoms sinco thnt time." Thi3 remedy is for snlo by all good dealers. STE rtoiioriitions oi J awtio American obUiuitvl tho ri, FIREARM ED by boiu cuip, utiumug, timo STrVE- II. J. Hansen of tho Burns Meat Market is prepared to fur nish bacon, hams and lard to sheepmen and ranchers in any quantity, Special prices for big orders, AH i'roim,iu! ii HVKVIINH. K.im.i J umtllldlitiiOi isI.um ' ! uixm tvwiipt 1 f Cnu'i I - " 1 . 1 B nonl 3 nl lu , I I t 1 ul'tvro IIIumit ..I I UJUmiCimmm 1 1 1 i w 1 1 11. . 11 wi.i.mi I