The Times-herald. (Burns, Harney County, Or.) 1896-1929, April 13, 1912, Image 1

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0 H
iTIic $riuta-Mci'nli.
'Dim Olllrliil l'ni'or til llnnio) Cuiiiiiv
Vlt (Stent Sinrttey Centura
Cowirii on nri'n ol 0,428,(100 riM ol
Innil, i,(V,U,)b lie ret yet vacant inbject
to mitry under ilia public land law of
till) United HtHt. .
kIus lliu l.irm'ot circulation ami laonool
ho brat tulvortlsliiK iirmIUiiiib In Katorn
fc" Oregon.
NO 22
Wiwttiutk ,
North and South Railroad
'om British Columbia
Harney Valley on Two Transcontinental
id Direct Connection With Sen Porta at
Coos Bay and San Francisco Harbors.
ur (Janvon coins
for one of the
oad projects ever
, recent years? Is
Ding to come into
v country from tlio
Bt as well as from
;then south to San
se intimation lrom
eceived. It is stated
II system has com
ic Chicaco & North-
Island and Cana-
Eand that a trunk
from the Cana
an on over to connect
tl. N. road running
to New Meadows.
it will run across to
lyon and from this
is to play a more important part
in railroad circles than was ever
thought and that the Harney
Country is to be a very import
ant territory and its rapid devel
opment is a certainty.
Louis Y. Hill, president of the
Great Northern Railway, is due
to arrive in Portland over the
Southern Pacific on Tuesday
morning and will remain here for
a day or two. Mr. Hill is on his
way home from Southern Cali-
n Canada down into' fomia, where he had been spend-
ujrh the Rlackfoot mK a l)art of tlll! winter with Ins
Uhen on south to family.
One of the principal objects of
his attention will be the work of
the Oregon & Western Coloniza
tion Company, which holds 800,
000 acres in Central Oregon and
th to San Francisco. I r which he recently secured con-
proposed line is to trol. It is his intention to tle-
itzen and out that ' vte n Kl deal of time to the
uth or continued to development ol tins tract, some
3 line IS not certain. I"1 wihkii is wen auupiuu io ury
farming and much of which can
be cultivated under irrigation.
ystem owns the
from Reno to I
ossible such a con-
kid be made.
Irate, regardless of
Brges from the east
line, it means great
ais county. Should
: un the Ulitzpn and
v :. ....
Latlow valley it
up a much greater
this particular see
ing a vast territory in
doesn't correspond
rpessimistic views of
In response to a number of
queries as to methods of ridding
farms of field mice, Dean A. B.
Cordley of the Oregon Agricult
ural College has given the fol
lowing advice:
"Trapping is a simple way to
I destroy field mice, seldom re
sorted to because of the patience
and persistence required to look
think the Hills have l after the nccessianly large num
I, this territory and had i ber of traps. When the mice are
i-- ... .... ....
i of Orecon. From in- abundant it is essential to use
aey have hardly start
ig plans in view to de-
many traps for a number of
weeks. This method has special
I (territory. They are advantages in small areas, as
In vast tracts of land ' lawns, gardens, vegetable or nur-
sn peopled and dp- scry pits, or packing houses.
HI create vast tonnage1 "Thorough cultivation of fields
Is. It is not reason- tends to keep down the number
an that the Hill sys-of mice as it destroys weeds and
merely build to Bend ! all growth which give shelter to
kbandon the vast terri- the mice. The mere plowing of
gr on where the real ! a field badly infested with mice
or a railroad is to do is suincieniio unveout most ot
' them.
lis information it an- "Strychine is the most satis
the Malheur Canyon ' factory poison for field mice,
Association of Philadelphia
io! IYnniylvnnia on the .list day of December, 1011, ninile to the In.
unntiioniT ol I lie Mate ol ureon, pursimi io niw;
apital paid up 7f.O,000.00
eceived during the year In caah $ t,'-!3 1,007,00
ridenUf and renti received (luring tlie
m other iource received during tlic year HH,10I,36
it .
income $ 1,GGU,:SU2.UU
I durim: the year 13.378.017.i3
fcwld during the year on capital itock.. 300,000.00
n unci nlnncpiul during tlie year... i,;iui,m.iw&
ne, and fees paid during tlie vciir IC0,.'116,G7
nil other expenditure :I31,472.HH
Bditure. I,4ia.6fi0.ll2
ul estate owned $ f.H.,770.01
lock and bond owned Ji, 870,810,00
niurlgngeii and collateral, etc 2,2ro,73M.7M
ik. and on hand 00(1,0 12. 1 0
In couric ol collection and in truiu-
iti f.Hl,37K,a7
and rents due and accrued lll.Hflfi.iJS
atHetta H,(IH!,2I0.(13
11 depoaitx in any atnte(irauy there lie) 08,500,00
UateU admitted in Oregon $ H.020,710 03
n for louts uniiaid 3G0,i)3U.4.7
M unearned premiums on ull outataiidina
L fi,:HH,h7H.l7
Babilitie :i3,f.r.:i,H0
rV . .
I Jiahilitie J & 73H,ilU1.7l
runceiu force December 31, 1011 781,852,400,00
IWSINESS IN OltEGON FOR HIE YEA It during ihr vmr J 2.871. (573.00
Wumi'.tcclved (luring the 00,781,10
f returned Jurim the vear 10,732.08
I during :. 21.871.70
urml during'inr 22,001.34
aunioiritkauut.fniidingiuOirgon Uccenilwr 31, IU1I .(jyu.MUl.uu
lly, Pretldent.
reiidcnt general agent &A attorney for aevicci
ILEX. MA YEll, 102 Sherlock Illdg., Portland Oregon.
: Agent at Ilurnn, Oregon;
Altliough dendly, it is less dan
gerons to handle than either
phosphorus or potassium cyanide.
Various baits may bo used, such
as wheat, oatmeal or corn. The
bait should bo soaked over night
in a poisoned'syrup, made as fol fel fol
eows: Dissolve nn oim e of stry
chnia sulplmto in a pint'of boiling
wator, add n pint of thick syrup,
and stir thoroughly. Tho pre
pared syrup may bo Bcentcd with
a few drops of oil of anise.
"This quantity is enough to
poison half a bushel of wheat or
corn, but smaller quantities of
grain or syrup may be prepared
as needed. After tho' solution
hns been thoroughly mixed, if it
is to wet a little dry corn meal
may bo used to tako up the ex
cessive moisture. If it is not
wet enough to moisten the grain
thoroughly; a little water may be
"Rccauso of danger of destroy
ing native birds, the poisoned
bait should not be placed in ex
posed places, but under shelter
which will admit mico and ex
clude birds. Wide boards lying
upon thin cross pieces of wood
are good."
The above formulea has been
tried with gratifying results by
some of our ranchers especially
with sago rats and chip monks.
(Portland Correspondent)
President W. J. Kerr, of tho
Orgeon Agricultural College, has
just completed a tour of Central
Oregon, where he is directing
tho location of two demonstration
farms, and of Sherman, Marrow
and Gilliam counties, where he
is supervising the work of Orren
Beaty, traveling advisor of the
college. The funds fty equip
ping nnd managing the two dem
onstration farms have been sub
scribed by the railroads, the bus
iness men of Portland and the
county commissioners of Crook
county. The funds for Mr.
Beaty's work have been sub
scribed by Portland business men
exclusively. Both features of
the work are under the direction
of President Kerr.
To cooperate with tho Oregon
Development League in exhibit
and immigration work, President
Carl R. Gray, of the North Bank
railroad, has appointed Lloyd W.
McDowell his special personal re
presentative. Mr. -McDowell will
work all through Oregon for the
purpose of securing oxhibiLs for
land shows nnd to aid in publicity
President .1. D. Farrell, of the
O.-W. R. & N. Co.. has been
greatly encouraged by reports
received as to tho value of the
work of C. L. Smith, his special
agricultural agent, who is lect
uring throughout the state on
improved farming methods.
The Portland Chamber of Com
merce, in planning to increase
the size and variety of exhibitu
carried at its headquarters in
Portland, has sent out a call
seeking the cooperation of the
Commercial Clubs of the State.
The Chamber employed nn ex
pert processor April 1. It wants
specimens of the very best com
mercial fruits and vegetables
not freaks or over-sized things
grown in tho state. It will fur
nish the jars, space for exhibit,
and everything else connected
therewith free, and will have the
exhibits preserved and displayed
by thisexpert. Any exhibitsent
to the Portland Chamber of
Commerce, (id Fifth street, Port
land Oregon, will bo taken good
care of and will be gladly ac
knowledged. The Twelfth Annual Stock
Breeders' sale under the auspices
of the Portland Horsoaud Cattle
Sale Co. will be held at the Port
land fair grounds, April 10 to 18.
P. E. Alley of Roseburg, N. K.
West of La Grande, Oregon and
M. L. Whitmoro of Pomeroy,
Washington, aro among the prom
inent State breeders that will
have horses at the auction. Some
of the most noted breeders of
Pcrchoron horses will also ho re
You can say goodbye to consti
pation with a clear conscience if
you iiso Chamberlain's Tablets,
Many have been permanently
cured by their use. For salo by
all dealers.
Dry slab and pino wood $0.50
and $7.00 per cord, cash only at
Stipulating Rights of Individuals to
Water From Silvies River
gato the described lands, and if
by reason of a change in tho
character of his cultivation he
now uses less wnter luui he did
at tho dato of the decree, ho
must let the surplus go down tho
stream as it is wont to flow, nnd
cannot permit its use by another
without violating the decree.
Tho owners of the Peoples'
Ditch nt tho date of the decree
were James Dalton, Green Huds
peth and Harrison Ivelley. Huds
peth and Kelley have since died
nnd their successors in interest
havo not been cited to appear.
Dams nnd Intakes to Ditches Must Conform to Origin- Dr. Geary is a son-in-law of Kelly
al Stipulation and Decree Water Confined to the
Lands Designated and the Surplus Turned Back.
Following is tho decision of
.Judge Bean of the federal court
in tho recent suit of the P. L. S.
Co. vs. C. A. Sweek, J. M. Dal
ton, A. E. Young and others, in
volving wnter rights. After a
reference to tho former decree in
which tho rights of all were stip
ulated, the decision reads:
The dam which defendant
Sweek had in the river at the
time of the decree and which he
was thereby permitted to main
tain was damaged about three
years ago so that it could not be
used, and was repaired by Sweek
during the year 1910. It is
charged by the complainant that
it was not rebuilt the same as at
the time of the decree, but that
permanent boards not removable
were placed across the bottom
thereof to tho height of about
four feet, thereby causing a per
manent obstruction to the How
of the water nt all season of the
year in violation of the terms of
the decree. I do not think this
charge is sustained by tho testi
mony. Mr. Sweek who repaired
the dam and Mr. Wallace who
assisted him in doing so both
testilled that the old dam was
not torn out Put was placed itii
the same condition as formerly
and that no change was made
therein which would in any way
increase the obstruction to the
poses, and that after the SSkd of
July of that year he suffered to
remain in a dam then being used
by him the removable boards in
two sections thereof, thereby ob
structing tho flow of the water.
Neither of these charges are de
nied. The claim of Young is that
no water has ever been used
through the new ditch or flume,
and that ho took out the remov
able boards from two openings in
tho dam on the 2IJrd day of July
and that such opening was suf
ficient to permit an unobstructed
flow of the water.
As will be seen from an exam
ination of the decree, Young's
rights are clearly stated and de
fined therein. He has the right
to maintain one dam in tho river
at tho place where the dam was
located at the date of the decree,
and tho ditches then maintained
in connection therewith, and by
means of such dam and ditches
to divert water at tho times nnd
for the purposes stated in the de
cree. He is perpetually enjoined
and restrained from diverting
water in any other way, at any
other time, or for any other pur
pose. The construction of the
i new Hume or ditch in 1911, if in
tended to be used for irrigation,
was contrary to the terms of the
decree. It was not one of the
ditches being maintained by him
at the time of its rendition. So
How of the wnfer. Tho nnlv evi
.inn tr, Uw. nn..tmr i ,!.,. f 'also was li is failure to remove all
Mr. Foster, a surveyor, who
mnde a measurement of the
Sweek dam in October, 1899, nnd
Mr. Gilcrest, tho superintendent
of the complainant. Mr. Gil
crest's testimony is based on his
recollection of the size and di-
the removable boards from the1
dam after his right to use the
water had ceased. It was not
for him to say whether tho flow
of the water was obstructed by
his permitting a part of the
boards to remain in tho dam.
...,,:., ,.r fi. i,i ,i, ,i tl Hie complainant was entitled
upon any actual measurements l,u!er t decree to have them all
thereof, and is not (sufficient' to
overcomo the positive and une
quivocal testimony of Sweek and
Wallace. Foster's measurements
were made about two years be
fore the date of tho decree and
there is no evidence that the dam
was in the same condition nt the
time of the decree ns when Fos
ter measured it. Indeed it seems
probable that it was changed
shortly thereafter because the
measurements of Mr. McQuinn,
n competent surveyor who had
occasion to measure and use the
dam in the course of some work
ho was doing for other parties in
January, 1900, correspond sub
stantially with the dimensions of
the dam as it is now constructed
and in use.
At tho timo of tho decree,
Young hnd a across tho riv
er with small ditches tapping the
river just above the dam and
leading down on each side of his
garden nnd orchards, and also a
main ditch from the stream on
tho cast side, a short distanco
above tho dam and near the north
lino of section 30, leading east
for about a half mile, through
which he used wnter for irriga
tion. The charge ngainst him is
that in tho year 1911, without
right and in violation of tho do-
cree, he constructed a now uitcn
removed and Young could not
determine the question whether
it would or would not be bene
fited thereby.
There is another feature in re
ference to Young's conduct that
ought not to puss unnoticed, al
though it is not specifically charg
ed as a violation of the decree in
the petition filed. His dam went
out in 1907. About that timo or
and his wife and her mother have
succeeded to Kelly's interest.
Geary was cited to appear and
show cause why he should not bo
proceeded against as for a con
tempt in violation of Hie decree,
but the evidence shows that he
has exercised no control over the
ditch and has no interest therein.
He was the administrator of the
I Kelley estate from 1905 to April
1907, but ism noway responsible
personally for the present condi
tion of the ditch or dams.
The charge in reference to the
Peoples' ditch is that the dam in
thorivernt the time of the decree
has been permitted to become
out of repair, so that it will not
retard the flow of the water at
the time the owners of tlie ditch
are entitled to use it, without the
placing of manure and other ma
terial in nnd around the dam, and
that the headgate of their ditch
has been permitted to become
fout of repair so that the water
of the river not only flows
through but under and around it,
so thnt it docs not regulate nnd
cannot be made to regulate the
flow of the water into the ditch.
These charges I think are sus
tained by the evidence. It is ap
parent from the testimony of the
witnesses nnd especially from
the photographs offered nnd ad
mitted in evidence that the dam
is so out of repair and in a gen
eral delapidaled condition. It
should be repaired and put in
good order. The headgate is also
out of repair. It is impossible,
in its present condition, to regu
late by it the flow of the water
through the ditch so that no
Jarger quantity shall flow therein
than defendants are entitled to
take under the decree. It should
also be repaired and put in pro
per condition so as to conserve
the use of the water. It appeal's
from the testimony that during
the summer and fall season nnd
after the time the defendants
are permitted to use the water,
but a small quantity flows in the
river, nnd if it is obstructed or
interfered with, it will not reach
the lands of the complainant and
it will be without wator for do
mestic and stock purposes. Un
der tho decree it is entitled to
the use of all the waters in the
stream except such as is awarded I
W VHU UHIVI (t Htl) Ut' lllblll VIV.V,
Get a safely Incubator of W.
T. Smith he simply guarantees
them and is here on the ground
to make them good. No oil, no
explosion, nnd hatch as many of
the eggs as any machine on
McIIoso will clean your car
pots and rugs, pneumatic cleaner;
no dust; without removing them
from t ho floor.
Chamberlain's Cough Remedy
has won its great reputation and
extensive sale by its remarkable
euro of coughs, colds and croup.
It can be depended upon. Try it
Sold by all Dealers.
Rcatos for sale, all
engths, price 20 cv
Any one desiring Rcatos address
W. A. Ford of J. 0. Alberuon,
AJberson, Oreg n
Will be held in Burns beginning
on or about April 15 by
under new management
John R. Walk up, Proprietor
FirslCIass Well Appointed House
Sample Rooms Commercial Travelers
lletlinning March 7 and Ending April 7
Wo arc Ruing tu gh e away fre a
Tu tho I'artjr catting the moil l'laoo Votci
It don't make any difference whether you are a ww.. '
ant for the PIANO you have a chance to win this set
Reed Bros., Proprietors
shortly before he built another and ,t ig entitI(1( ,0 w ,)rotcct0(,
dam at the expense of Ilanley(jn j riKhta.
near the north line arid some, Thc order to all0W cmistMvii
distance above the old dam, and . tncreforo bo discharged its to de
constructed a new ditch along his I femmnla Swcek nwl (jCnry and
north and east line nnd onto sec- they will be awarded costs. The
tion 29. throwing the dirt Uiere- ( dcfeiulnnta Young and Dalton,
from on his sido of the ditch however, hnve failed to obsorvu
making a leveo or embankment
to prevent his land from being
overflowed, ho used n pnrt of
the water through this ditch for
irrigation and permitted tho re
mainder to go down to Hanley'sljn
laud, and this ho clearly had no
right to do under the terms of
decree. He claims that since tho
decree ho has changed tho char
acter of his cultivation and used
only about 25 Tier cent as much
water as he did at tho dato of the
decree, and he seems to think
that ho had a right to permit
Hanley or some ono elso to uso
the remainder without violnting
tho terms nnd provisions of the
decree, but as their violation
thereof was duo probably to neg
lect rather than to wil fullness,
and ns this is a civil proceeding
contempt (Gompers vs. Ruck
Stove & Range Co., 211 U.S.
U8) nnd no damages to com
plainant aro shown, they may
purge themselves by paying the
tho decree. Rut, as already
stated, his rights aro defined in
Many sufferers from rheuma
tism have been surprised and de
lighted with thc prompt relief
afforded by applying Chninber
laih's Liniment. Not one case of
rheumatism in ten requires any
Internal treatment whatever,
tr (Inmii tr tlin iirnaf uwlk nf Inn
river some distanco above tho tho decree. Hy it ho is noten-'This liniment is for sale by all
dam for tho purpose of diverting titled to any definite quantity of dealers.
the waters for irrigation pur- wnter nut only suincioni to irn- vulcanizing ai uemneriing s.
Aire u'iie gnu live for gou will be a long time dead. Trg
our lint CofTcc and Lunches at the
Burns Home Bakery
Keep untiling as the Auto Truck people are doing all -their
power to bring our
from the lienil. When the outfit arrives we will be in a !
timi to serve the public with everything good to eat ir
Hakcry Line.
! 'V'VV'V 'V'"" V" )
Four well equipped lines. Excellent facilities i
for transportation of mail, express, passengers
Prairie City to Hums. Vale to Burns
Hums to Diamond Hums to Venator
E. B. WATERS, Aent.
.-A. AsAj
Atjoivt (or the
Announces that he will tako down and completely
overhaul all Dorris Cars sold by him onco each
year free of charge.
Mr. Hudson will be in Burns about April 1
IMSable C.Uxvm
ol llaineu County
The Inland
MO ACKIi ll()MI:S'll:AlS
l)l!lil)l!l) I.AM)
Homestead Locations
Empire Realty Company
V. T. I.KSTKIl, MannKur
Wii rujiri'itfiit tlm( which In runted ami rollohlo. Wu liiiinllu nil
klniln (if Ileal ICbUIo muttura Willi) your Imul llllnj,' pujiorH or
uthur li'unl Imul artrorru'lly unil iiilckly., WIC WANT YOlllt
Kl HI-: INHUItANOIt ItUHINICBH; wo Uo of tho utroiiKutt
coiiiiuiiIm In Amorlcn-THU AKTNA A. lUK'tTOKI) CO'H.
J.Ut your property with in, for nale or trmln. IN VKHTIQATK OUU
Irnalyoii. Ak our Client. Call nml mi u.
HOK TUADK -ICO acre" ol rinu lur.iuul lnu tlnilwi
over ;,000,00Wwlirrli J vol mail llirmiili lam)
In tlio nnl Notlhctu l.lnlm llnitur lrll Will tiaih
lor I0O aero ol level Harney Valley laml He llil
ft. A. DIBBLE. Propt.
Courteous treatment, rates rear. i
ableGive me a call
A First Class Bar in Connection
i I
ijuiiiuer yuxu.