w mmtMtfalk I 1 CITY OF BURNS COUNTY OF HARNEY The Biggest City In The Kitcgeat The Biggest County In The State ILv- Citmilv In Tlio StAtr Of Orronn I! Of Oregon, Best In The West l VOL. XXVII BURNS, HARNEY COUNTY, OREGON. OCTOBER 3, 1914 NO. 47 1AILROAD BUILDING WEST FROM RIVERSIDE igh Officials of Harriman System Vis it Riverside and Give Orders for Construction of 40 Miles of Road West From That Point, According To Resident Who Visited Burns then last week, bo there doubt of it being true. littl Clay Luce, a resident of River- We, who has been hew during ie nast week on business is mi nority for the statement that a intract has been let and work ' rill positively begin this month pon a continuation of the Ore- on & Eastern railroad west lor Last week a dOg hclonging to distance of 40 miles. Mr. (limits little boya showed ii.uh isnositiveof signs of being mad and since it Health Board Not Posi tive as to Mad Dogsj Mr. khis; that a private car contain ing Officials 01 me rauroao was t Riverside two days last week which were included General lanager O'Brien of the O.-W. & N. and also Chief Engineer Jtradley of the Short Line. 1 hey rent over the ground while there nd also came out this way from tiverside some distance. Ar- sngements were made to lay ad- litional trackage at Riverside to re for sidings for construction material and it was no secret that infractors were to begin placing their camps out along the line ot le extension work without de- y. An additional 40 miles of road nil bring it into this valley and ive the Big Harney country an Dutlet to market. Weather con htions and heavy grading work rill make progress rather slow from this time until spring, but he fact that they are coming on Is good news and encourages the producers in this section. The lilroad is all that is necessary to bring remarkable development this big country and with con struction now under way with no doubt of this road reaching Ithe Valley by spring will bring jrenewed activities along this line ind we may look forward to much changes during the next few bnonths before the winter weath- Mr sets in. Many men who have been considering investments will no longer hesitate and great er ateas will be under cultivation. The Times-Herald has seen no thing of an official announce of this extension but Mr. Luce i; 'positive that orders were given during the visit of the officials had 1 ecu suspected for seveial weeki that dogs In this neighbor hood had rabies and the health Officers had taken precautions but had finally decided it wan a mistake, although it is learned that t wodogs had died under rath er suspicious circumstances. This dog was taken in charge by the marshal and killed, the head being sent to the Slate Hoard of Health. Dr. Geary, county health officer, received a reply from the specimen sent the other day aed Dr. White writes in part: "The examination of the brain of the dug sent by you reveals no Negri bodies. You must bear in mind, however, that a dog des troy ed before death occurs nat urally, the organisms are exceed ingly bard to find. Urge the people the future if anything de veloped to keep the dog tied Up and if it recovers it proves con clusively thedog did not have rab ies and if it dies, an examination of the brain can be made and a satisfactory diagnosis made." The Times-Hearld gives this in formal ion in ordei that people may govern themselves in accod ance with the advice. It is im portant that this matter be deter mined for the safety of the com munity and we should do our best tc ascertain at as early a date as possible the exact condition of things. The J, L. Lowe sawmill, for merly the Bunyard mill, above Harney, has a complete stock of rough and dressed lumber, shingles moulding, etc. Good road. Call by phone for rush order.,. .J. L. Lowe. LTtfB More Improvements in Burns Noted This Week This week C. A. Bedell started contractors at work on rebuilding his saloon that was destroyed by the recent lire. At present they are merely putting in temporary work to house his bar until such time as he can arrange for the completion of the entire building. His license does not expire until January 1, therefore he will con duct a bar until that date at least. (ieo. Fry is assembling mater ial to again put his building ad joining the post office in order. '1 his will not require a great amount of work as the walls are standing as is also the Bedell building, and he expects to have it ready for tenants in a short time. Mr. Wyngarden, the contrac tor on the Levens building, has a large number of men at work cutting stone, laying foundation and also the rough floors. This THE ADJUDICATION OF THE WATER OF STREA MS Comparison of Old and New Methods of Determining Water Rights. An Illustration by the Writer Showing Conditions Before Water Code of Oregon Was Put in Operation HY JKAN BART BALCOMB, In Harney and Malheur coun ties it is generally admitted that water is more valuable than land. yet land titles are Immeasurably more safe an secure than the more1 valuable property rights in water. One is led to Inquire then why so much Insistence that land titles be made secure, and such work is progressing quite satis-1 sporadic and unsatisfactory al factorily. ' tempts to make our water titles dependable':' so few water I he post office building IS DC I equally safe and ing remodled to accommodate the Whv do we have growing needs of the office. The 'rights adjudicated? mall office in the front by the. And by ,,adjudicatedM Is not side of the lobby has been taken I11Pjm, .. ,1..,...,.,. u,;tten in rnvnr of one man as against another, vui uim inr niuir mui uuAt'u uy rights bids fair to remedy the more glaring of these defects; its essential features naturally falling under three distinct heads. Pint the state furnishes at nominal expense competent en gineering advice and service, pro curing through disinterested sources nil needed data as to ditches, reservoirs, lands irrigat ed, the flow of streams, and amounts of water actually used; together with recommendations looking toward larger crops, bet ter methods of irrigation, and practical conservation of existing water supplies. Second, it furnishes legal ad- The final step in" adjudication proceedings before the Hoard, and in many respects one of the most important, is the appoint ment of a water master by the County Court. This prevents violations of the decree, gives a fair and honest distribution of the water, and provides for rota tion where that will be advant ageous to all parties interested, The more Ihouvhl one irives to the workings of the new law, the more apparent it becomes that all rights are protected more cheaply and effectively than otherwise possible the more ap parent it becomes that the law was conceived in justice, is being executed with Impartiality, and is peculiarly adapted to the up building and developing of the natural resources of the great state of Oregon. LATEST DEVELOPMENT LEAGUE NOTES APPLICATION FOR IN JUNCTION IS DENIED Suit Brought by Pacific Live Stock Co. in Federal Court Attacked Consti tutionality of State Water Code and Restraining Water Board from Adjudicating Rights on the Silvies The United States Circuit Court, sitting en banc, this morn ing denied the application of the Pacific Livestock Company for an injunction against the State Water Board, represented by John H. Lewis and others. The case involved riparian rights in Market Report. Receipts for last week at the Portland Union Stock Yards have been cattle, 1732; calves, 80; hogs, 30C5; sheep, 6161. Caftle morket steady, Liqui dation considerably larger com pared with last week. Best steers 7.75 to 7; cows G to fi.lf,; heifers G.25 to 6.. bulls 4.75. Receipts of hogs not exception ally large, trade steady with best for the parcel post mail. Large doors will be placed in where the window now is and the mail will be taken in that way to the dis tributing part of the office thus doing away with taking it through the lobby. When completed it will be quite commodious and handy for Miss Winters and her assistant. W. ,. Blott and wife have the foundation completed for quite an addition to their suburban home toward the river. It is to be an eight-roomed house when completed with a screened-in porch. W. W. Drinkwater is just com pleting a nice residence on his acreage property down toward the river. It is a very conven ient and pretty home. Another improvement noted this week is the additional shelv ing and counter room being add ed in the I. Schwartz store. This with all the rest of the users on a stream left uncertain as to their rights; and the opportunity still open for any one or allot' them to start new lawsuits, practically nullify exist ing decrees, and dup licate all tin1 former burden of ex pense ami uncertainties caused by delay. As an Instance in point, i he writer recalls a case where "A" went with T" and secured a de cree giving him the entire Row of the creek, "forever enjoining "B" or his agentr, assigns or rep-1 resentativea from diverting, us-l Southern Oregon. (liom Km Portland Correspondent The nhnvo ,,.,-.,,,,..,,,1, ,.i;,.r.i During the past two weeks the, from the Portland Telegram of Portland ToffiCS of the Oregon last Monday, is all the informa State Immigration ("omission has tion received here as yet of a de a half-dozen men in the field list- cision that is of the greatest im- ing farm lands for the benefit of portance to the entire state and i stuff going over the scales 8.15 prospective settlers, securing ac- especially to this section. ThejtoH- curate legal descriptions, noting action which was brought last I Sheep house had a quiet ses the physical character of the land June bv the Pacific Live Stoek sion. as only a few head of mnt- Vlce ana services at minium cost and making a note of the prices Company in the Federal court ton and lambs were offered for to the users, yet enabling them ut which owners are willing to attacked the constitutionality of sah?- Choice young lambs reach. to present their claims in such sell. These listings demonstrate the State Water Board from pro-'ed G.25 Thursday. Ewes featur formai to maintain all of their that there is available at the pros- cceding further with the adjudi-ed again at 4.50. Wether deal rights. lent time plenty of good, produc- cation of the water rights on the nail. Trade doaefa on a steady Thin; it provides for the ap- tivefajrm land at reasonable prices Silvies River, claiming that vest- basis. poilltmenl of a water RUSter in hmi4v all unHnni nt rhn .rata oil ritrhiu r,f ll, ,... ,.,..,. ... i whose duty is to carry out the decree of the COUrt, look after the division Of water en courage its use in such manner as to secure greater benefits to the individual user and to the com munity as a whoh', ami prevent the necessity of further litigation; which i:i the past has involved the expenditure of large sums of Ing or in anywise appropriating or mm.Vi vexatious delays lasting inieriering wnn me water i sani is a nice improvement and gives the store more display room and the goods in a handy place for inspection. C. E. Kenyon Well Re ceived in New Home The Weiser Signal says: C stream". That sounds like a real adjudication and a decree that could net be misconstrued or misunderstood; but "I!" kept on using the water, was tried and convicted for con tec pi of court and paid the penalty but still continued to use the wa ter. After a number of years "B1 went to trial with "('" and sec- over a long period of years, quar rel cms disputes and bitter feel- On Saturday of last week the Coos Bay band, of forty pieces, was entertained by the Portland Comercial Club. During their stay they entertained Portland at a public concert, thus bringing Coos Bay prominently to the front and offering some of the finest music heard in tin' city for many months. On Thursday of last week the Radiators of Eugene entertained imperiled. Acute Indigestion. By the refusal of the injunc-j "I was annoyed for over a year tion the way is cleared for the . by attacks of accute indigestion, State Water Board to complete j followed by constipation," writes the adjudication now pending on 'Mrs. M.J. Gallagher, Geneva, N. the Silvies River. Superinten- Y. "I tried everything that was dent Cochran, adjourned the pro- j recommended to me for this com ceedings. on account of this suit, , plaint but nothing did me much util Nov. , at which time the , good until about four months ago taking of testimony will be com- j I uw Chamberlain's Tablets ad menced at Seneca, and followed vertised and procured a bottle of up by the hearings at Burns. It them from our druggist. 1 soon is probable that this matter can realized that I had cotten the right T" " "' "u7 "'; '""""" .'" ' -ine entirety closed up so far as thing for they helped meat once. the normal developed of the from Salem, giving them a lunch- th(l Hoard is t.oncerned during 'since taking two bottles of them ,"Un,rv-. . at ,h'; Kl!K;T. U;l,17;'al( the winter, and this will enable, I can eat heartily without any bad ine nrsi requirement Of the ''"" """uw"lu,mi l"i",uuul "" ' tna construction and develop-1 effects settlers who wish their rights I ",v an1 ,n,n lllR1" l" ""meat of Harney Kenyon, tor years one ol the said stream . mat HKewise . .i; si . ,i .... ,i FRIEND OF THE PRODUCER Burns Meat Market and Packing Plant BACON, HAMS and LARD Fresh Meats, Poultry Home Products for Home Consumers SPCIAL INDUCEMENTS OFFERED TO SHEEP MEN AND BIG ORDERS determined is to present a peti-l ''u,u' ( mm,v rair where a sec tion to the water board asking tion ot h grand stand had been that their rights be adjudicated, raaerved for them and from which The Board next acts on the Kti-1 thu' witnessed some remarkable tion. grantimr the same if ib. racing. Later, the Cherrians ured a decree to all the waters of limited funds and men in its em- wort' lakt'n U) t,u' Unlversitv the creek, in so far as he had need , ploy make it possible for the ' vvhm a (mi,u'r was served to of them for his lands, "forever worjj (o )t, undertaken. The ' them by tin co-eds at the various I enjoining from diverting, Istat- Fnirinoer w than lir...-l...l SOrOrity houses. , using or in anywise approbating ; to m:ik(. th(1 ni.,essary mrveys; Tht Bend Commercial Club hi s K. interferring with the waters of , mu work bavins- been accom- ,.i, ..;,., bn.tni l..n ik. plished on the Malheur Inrirelv mnttnr nf avnaniilna ; l.".u mm , ,n adjudication. riurincr the uunn nt 101A il... 1 UmIu, u..i.,,,,.,t ;,,., !,,. morning officially land a decree that could not be . .;,., Th. n.ik ',.,, h.i ti. .H.--1 II llllll I IIHIIII . Wl' I L Sl'lll J V l. M ... V'... BOTW.M ...... ... io all water users on the river amount auoiieu 10 me wescnuu-s and its tributaries, giving the Valley by Secretary Lane, of the times and places of meetings; Department of the Interior, will these all being arranged for the be lost to Oregon unless it is deft convenience of the farmers, nitely assigned to some project These meetings being for the before January 1. purpose ot preparing and filing the various claims, explaining the methods of work employed by the board, and to afford an opportunity of coming into per- Valley project next season. Sold by all dealers. We do job printing. solid business men of the state of sounds Oregon, this lik. a real that assumed his duties as cashier of the Weiser Ixmn & Trust com pany of this city. At this time he is one of the heaviest stock misconstrued or misunderstood. Yet "A", and "15" and "C" have all kept using and quarreling over , the waters of that stream fori For Good Cigars go to The Rexall Drug Store We have the following brands: Gatu, Optimo, L.a Gamita, Triumph, Chancellor, American, El-Sidelo, Don Antenio, Muriel, and also a full line of popular 5 cent Cigars. We can also supply your wants In PIPES, CIGARETTES, CHEWING AND SMOKING TOBACCO REED BROS. Props. The Burns Hospital MRS. ETTA CUMMINS, Prop. Beat Surgical Room and Equipment In the State Outside of Portland. Nice Rooms, Good Care and Com fort for Patients-Reasonable Terms Graduated Nurse in Charge holders in the institution which something less than a quarter of is one of the conditions he insist- ja century; just as strenuously, ed upon before coming here. His! just as unsatisfactorily as though block of stock is second only to no decree had ever been written, that of K. A. Van Sicklin. His and the end is not yet. Besides, purchase of stock was made some 'all the other user.-, along that time ago but it was not until this stream have no more certaintv as morning that he had so arranged to their own rights than as though his other business as to be able the matter had never I n in to come here and take up his court, as though there never had work in earnest. jbeen a legal determination. About 00 days ago he purchased Both of these suits were brought the Van Biekin bungalow oeeupi I before the same court, presided ed by Ceorge C. Hradley at the over )V ,e same judge, who corner of Idaho and Third street, jwrot(. both of tflHaecrees; audi but some changes and repairs thcrt- was no "big "corporation". were made in the bnilding and , "large cattle company", or) it was not until recently that he grasping monopoly" concerned in moved his family here. the matter, no suggestion any-1 ! where of the court being In Alien-1 Catholic Church. Iced, intimidated or bought oil';! imply We ordinary course ol I. On Sundays and Holy days justice abininistered under the of obligation Holy Mass with sermon at 10 a. in. old regime; and what is true of one stream is largely true of all. Another instance will be men tioned, involving some fifty client.-', thousands of acres of arable land, and a stream of water adequate for all legitimate needs. In the hearing no testi mony was introduced into the Burn No More Straw. When farmers apply the torch to their straw stacks they are sonal touch with the ranchers sending up in smoke plant food I and irrigators, so as to secure to the value of three dollars for the co-operation of all parties in each ton burned, according to O. this important work, and reach I A. ('. agronomists. They are also the best solutions of the various , robbing the soils of organic mat : problems presented. tor that would tend to make them After the tabulation of claims light, porous and easily worked, which is now being done by the ' and greatly increase their water I Hoard, the next step will be to holding capacity. These values give all parties an opportunity of to sad and heavy soils are often examining the various claims, as great as the plant rood values with a view to the correction of thus making the entire worth of 1 clerical errors, mistakes in dates, ' the straw about $' per ton. Let and inadvertent mis-statements farmers compare this value with as to physical features; so as to the cost of hauling the straw and furnish a clear, concise, non-con-'applying it to the land, and they City Restaurant (.'.tinge Inn BI'dg., South Main St. W. R. McCuistion, Prop. Dinner Menu for Sunday, Oct. 4 Cream of Chicken Soup One half Spring Chicken, Fried to Order SOc Baked Spring Chicken and Drcuing SOc Chicken and Dumplings 35c Chicken GibleU ann Rica 35c Boiled Beef and Horaeradiih 35c Beef Stew and Vegetables 35c Roait Beef and Brown Gravy 3Se Roatt Pork and Dreing; 35c VEGETABLES Mathed Potatoes Creamed Carrots Cold Slaw Beet Pickles Raisin and Custard Pie Coffee, Tea and Milk We will be prepare to rook and servn the above Menu to you from lliSO a m, to H p m, Sunday Nothing but White Help 2. On week days Holy Mass a! 6:80 a. m. All other services, besides those mentioned above will be announced in church. All invited and welcome to the divine services, Sick-calls promptly answered record relative to the duty of at anytime. Religious informa- water, losses by seepage and tion and instructions willingly evaporation, what constitutes ir. imparted at the Franciscan rjgatcd land, eY the steps noces Uesidence. ! sary for appropriation, diversion or beneficial use; yet a court is phaniberlain'l Liniment. practically compelled lo pass on If you are ever troubled with ul1 Hwh 8-t0n-' driving at aches, painesor soreness of the iau" beat It may. muscles, you will appreciate the1 Such cases from actual court good qualities of Chamberlain's records are by no means the ex- Liniment. Many suffers from ception; tliey Have been dupli- rhciiinatism and sciatica have used it with the best results. It Rioting legal record. At that time also opportunity will be will burn no more straw. For cultivated crops the straw cover- giv n to Ale contests, where such ed area should be disked and plow may become necesrary, ed under, but that is a charge on At the bearing of these con-1 the cultivation fund rather than tests, which will be set for a con- on the fertilization fund. Onmoa vonieiit time and place, each in- ,dowsund pasture lands the straw terested party will be permitted may be applied as a light top and encouraged to secure such dress in the fall. Since much legal and engineering services as!"' the. material in the straw came he may desire in presenting his ! from the lands, it must he return case; the final determinations will ed in some form to that land, or then be made bv the Hoard, and ' the land will become unable to The Burns Flour Milling-Co. Manufacturers of home products HIGH GRADE FLOUR "CREMO" THE FAMOUS BREAKFAST FOOD The Cream of the Wheat, Fresh and Palatable Bran and Other Rolled Mill Feeds You Patronize Home when yen deal hre cated over and over again in the adjudications on the Main ur and is especially valuable tor lumimgo n:i mirum m e.iMeui wn Kou. and lame back, the decrees written by the Cir cuit Court in accordance with the findings of fact and law. Every opportunity will bo presented at the various stages for an aggriev- produce profitable crops. diarrhoea Quitkly Cured. "My attention was first calhd to Chamberlain's Colic. Cholera dealers. For sale by all 'Fortunately, t)o lates.;. movement for the determination of water ed party to amend his claims or and Diarrhoea Remedy as much furnish additional proof; thus his as twelve years ago. At that interests are safe-guarded to a time 1 was seriously ill with sum far greater degree than was pus- iner complaint. One dose of this sible under the old way of having remedy checked the trouble," a hearing before a referee, wool Writes Mrs. C.W.Florence, liock was usually a court stenographer held, Ind. For sale by all deal without judicial functions. era. THE' WELCOME PHARMACY la The Place to Trade -WHY- First: Promptness, accuracy and fairdealing. Secend: We carry a well assorted stock of Drugs, Chemi cals and Druggist Sundries. Third: We guarantee every article we sell to be just as represented or your money refunded. If you are a customer of ours you know this. If not, be come one and be convinced. J. C. Welcome. Jr.