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CITY OF BURNS
ulk
The Biggest City In The Biggest
County In The State Of Oregon
COUNTY OF HARNEY
The Biggent County In The Stele
Of Oregon, Best In The Weit
VOL XXVIII
BURNS, HARNEY COUNTY, OREGON. OCTOBER 30. 1015
NO. 52
gBje pm-fler
CUMMINS HOSPITAL IS
CONSUMED BY FIRE
Through Heroic Efforts of Attendants
And Others all Patients Saved but
One. David Miller is Caught in
Upper Story and Burned to Death.
Others Injured in Rescuing People
David Miller lost his life in a j removed the bandage from his
fiiv that destroyed the Cummins well eye and he could see. John
hospital about -1 o'clock yester-1 supposed he had followed him
day morning. John Morrell had! down the stairway but he could
his leg broken while rescuing not be found a few minutes later
patients, Miss Herbert, a trained Miss Herbert and Miss Dodson
nurse, had one hand badly burned ran to the side of the building
before she jumped from a second under his window and called to
story window and others were him to jump but there was no
more or less injured. There response.
were 23 people, in the house, four Miss Herbert was seen yester
or rive of whom could not walk day morning and said that the
and the fire spread. Even after Tire spread so rapidly that it was
John Morrell had his leg broken impossible to do anything to
he secured a ladder and placed speak of. She was aroused and
it up to an upper window that a i barely had time to put on her
mother might come down in safe- bath robe when she was cut off
ty. This lady was in the act of from the stairway by the flames
throwing her little child from ' so ne made her way to the front
the window when Mr. Morrell ( Prt of the building and tore
arrived below and he called to ; away the screen from the wind
her to wait but be had ascended jow. A man jumped from this
modern and beat equipped sur
geries to be found In the state
outside of the larger cities. She
aoea not know how the fire origi
nated. There was some insurance
but we did not learn how much.
Dr. McCool, the eye specialist
who was here from Portland, lost
many, in fact practically all his
instruments that had been used
in the surgery of the hospital the
previous day in an operation.
The Times-Herald did not learn
the value of these instruments.
David Miller was an old pioneer
of this section and had been re
siding on his ranch out in the
Warm Spring section for the nut
several years and had come in
for an operation on his eye while
the specialist, Dr. McCool, was
here visiting his professional
friend, Dr. Saurman. Mr. Miller
was a brother of County Treas
urer K. A. Miller and had no
family.
T
WHAT A UNITED STATES
COMMISSIONER IS-ISNT
An Officer of the Department of Justice
But not in Any Way an Officer of
The Interior Department. Duties
Similar to Notary Public. They do
Not Act in a Judicial Capacity
Apportionment of State
and County School Funds
the ladder very far she threw
the child which he caught and
brought down. Although the
ladder was left under the window
the mother jumped to the ground
in her excitement.
window before she attempted it
and ss she was preparing to leap
they called to her to wait a mo
ment. She hud already swung
her bodv over the window ledge
and she looked down and
The tire was discovered be- thought she saw the form of a
tween the pantry and dining ' person which she took for the
man who had just jumped out
She did not want to jump upon
him and hung by one hand. The
flames swept out and thus burn
ed her and she let go her hold
and fell. The young lady said
she was somewhat jarred for an
instant but suffered on other in
convenience from the fall.
Mr. Morrell had both bones in
his leg broken just above the
ankle and when seen yesterday
morning he said it was some
little time after that he realized
his leg was broken. He brought
Dave Miller was also jine ""Mer rrm tne windmill
nH John tnlH Him ' tower some distance from the
room of the building about 1
o'clock and one of the patients
who discovered it gave the alarm
by ringing his call bell and cry
ing fire. The large wooden
building was soon a mass of
flames and there was nothing of
the furniture saved, few of the
occupants even securing any
clothing, rushing out in their
night attire and felt lucky that
they escaped with their lives.
John Morrell went to the room
occupied by J. W. Shown, who
has a broken leg and was unable
to get out.
in this room
to follow him eut: While bring
ing Mr. Shown down the stair
J. E. Loggan $1487.50
Mrs. L. Shown 886.00
Mrs. Veva Reynvaan 196.00
163.76
L. N. Stallard 163.76
Mrs. Casaie Smyth.. 17R75
Mrs. Star Buckland 142.60
Mrs. Rose Henderson 247.60
10 D. R. Thorn ...
11 James Pirie
12 Wm. H. Grant
13 Mrs. Hattie Racine
14 Arthur Rendleman
303.75
168.75
182.50
432.50
186.25
The following is taken from the flll out the jurat, sign and seal
Homesteaders Monthly Coyote of j the document and hand it back
Septemlier: to him, This is the official duty
The position of a U.S. Com- 0f n notary, and in some states
missoner, clerk of courts, or a notary mu8t also keep a rcc
Judge, with respect to our public ord of aucn document. The dut.
IJ ....Um a .i nanllllnl im 'i ...... .
mini n;im-m i- - - ies or a u s. commissoner or
While u V. S. Commissoner ; other offlcer, aside from the reg
sometimes wrongly referred to JHtor and rjy, jn taking the
ss a "land commissoner." yet in acknowledgement Jo a filing, con
fact he has practically no connec- j tnl affidavit, application for
tion with the land office, or the ammendment, leave of absence,
Interior Department. A U. S. or otner land papers, except de-
Commisoner is an officer of the poBitioris, are practically the same
Department of Justice, and is j as thoso of a notary who takes
not in any way an officer of the the acknowledgement to a deed
Interior Department. A clerk
of courts is a local official, elect
ed by the people, and not an offic
er of any Federal bureau or de
partment, and likewise a judge
is not an officer ;of ..the General
which has been previously pre
pared. Now if such an officer shall
choose to post himself concerning
land matters so that he can be of
.service to entrymen outside of
house and went to rescue the
liitle girl and her mother and did
way John tripped and broke his ! considerable running around be-
leg and at that time supposed tore he really louiui lie wusnur
MV Miliar was following him as I ne limiding was a large one
instructed, but it is evident he ii,ll 'l,i bt"" occupied as a hesp:
did not leave the room. ital for several years. Mrs. Cum
Mr Millar had undergone an on-1 mns had gone to great expense
eration for cataract a day or two! '" fittinK the P,ace for ita Pur
previous but his physicians had ! POe and had one of the most
15 Fred Otley, Jr. 161.25
16 A. Venator 146.00
17 J. K Graves 137.50
18 Mrs. Edith Hayes 243.75
19 Van Embree . 168.75
20 Eliza Hamilton . . 146.26
21 Mrs. E. V. Anderson 206.25
22 H. A. Dillard 127.60
24 Mrs. Pearl Vulgamore 196.00
25 Mrs. Vivian Gray 163.75
26 Mrs. Edith Steele 171.26
27 J. E. Cheek 168.75
28 Mrs. OtusSizemore 180.00
29 167.60
30 Mrs. H. B. Simmons 136.00
31 Wm. Fay 166.25
32 Mrs. Oakley Springer 166.00
33 Mrs. C E. Sturgeon 178.75
Land Office. Yet for the accom-, such purely official capacity, he
modation of the public Congress1 is entitled to charge for such ser
haa passed a law authorizing, vices, but it is his duty not to
these officers to execute certain i mislead the entrymen into think-
papers which otherwise would
have to be executed before the
land officers.
The duties of such offlcf rs in
connection with proofs and con
test hearings are virtually the
same as the duties of a notary
ing that he must employ him to
do such services. An entrymen
has a right to prepare his own
land papers, or to have them pre
pared by anyone whom he choos
es, and in such cases the officer
before whom they are executed
public before whom deHsitions, must charge only the fees allow-
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
34 John Roberts 187.50
35 Mrs. Lena Varien 210.00
36 Mrs. Amanda Ward 196.75
37 S. Alberson 152.50
38 Frank Fister 133.75
39 Mrs. Fred Holloway 137.60
40 Mrs. Chas. Needham 150.00
41 Mrs. Margaret Shaver 157.60
42 Emmett Oviatt 247.60
44 Mrs. Ed. Howard 176.26
45 M. J. O'Connor 148.75
46 L. McPhail 166.00
47 E. L. Munson 187.50
48 C. Edwin Tuiloch
49 Marion 3. Banks
50 J. M. Thompson
51 1. N. Stewart
68 Alice Adrian
64 Iona Wise
66
56 Mrs. Zella Wood
67 Mrs. O. M. Benson
68
221.25
163.75
160.00
180.00
167.60
171.26
163.75
165.00
137.60
. 187.60
$11080.00
Victrolas Grafonolas
DO YOUR XMAS VICTROLA AND GRAFONOLA
SHOPPING EARLY
Make your long winter evenings
short by having one In the house
ORDER WHILE TRE ROADS ARE GOOD
PRICES, $15.00 TO 9400.00
The Rexall Drug Store
REED BROS. Props.
The Burns Hospital
MRS. ETTA CUMMINS, Prop.
Best Surgical Room and Equipment
In the State Outside of Portland.
Nice Rooms, Good Care and Com
fort for PatientsReasonable Terms
Graduated Nurse in Charge
Cr-
"Last winter I used a bottle of
Chamberlain's Cough Remedy
for a bad bronchial cough. I
felt its beneficial effect immedi
ately and before I had finished
the bottle I was curefl. J never
tire of reccomending this
remedy to my friends,"
writes Mrs. William Bright Ft
Wayne, Ind. For sals by all
dealers.
are taken for una in the courts.
They are to auk the questions
furnished them and . that the
answers are correctly reduced to
writing and the witness duly
sworn, but they render no decis
ions and exercise no discretion.
In a contest hearing '.they 'cannot
even rule as to whether certain
testimony shall be admitted or
not, but must note any objections
made and submit the entire re
cord to the land office for proper
action. They do not act in judi
cial caoacity.and the law does not
presuppose that they are familiar
with the luml laws and rulings or
informed as to the status of the
land in their territory. If they
inform themselves on these points
it is frequently of much benefit
to public land claimants who
transact business before them,
but any information they may
give in regard to such matters is
not official.
In practically all cases except
proofs and contest hearings such
officers act precisely as a notary
public does when he takes
the acknowledgement to a deed
or mortgage. If a man goes be
fore a notary public with a docu
ment and asks to have it acknow
ledged, he does not expect the
notary who takes the acknow
ledgement to become responsible
for the legality of such a docu
ment, placing it on record for
him and examining the abstract
to sec if the title is good, All he
expects is that the notary will
ed for the acknowledgements
It is evidently improper to charge
a fiat rate for furnishing plot in
formation, preparing an applica
tion, for entry, taking the ac
knowledgements and transmitt
ing patters and money to the land
office, unless it is made clear to
the entrymen that-only a certain
portion of such charges is an of
ficial services and the balance
would not be charged if the en
trymen furnished his own blanks
and prepared his own papers,
then attended the filing of them.
A United States Commissoner,
or other proof taking officer, may
prepare the necessary papers in
connection with a contest, or ap
peal, or other matter of land
practice, but may not act as at
torney, or agent, for the claimant
in such cases. He may give, or
sell, advice and may assist claim
ants in various ways, but not as
an attorney against the Govern.
men i or another claimant
Such officer may keep a set of
plots and may give, or sell, in
formation as to the status of cer
tain lands, but he must not re
fuse to execute any paper pre
sented to him even if he knows,
or believes, that such paper will
be rejeted by the land office.
We believe that proof taking
officers should inform them
selves more fully, charge
higher rates for unofficial work,
and make the office a valuable
one both to themselves and the
community in which they reside.
In the schedule of unofficial fees
that the officer is prepared to
handle (his work and give the
entrymen value received, It
would be manifestly unfair to
charge for "professional service"
if one had to bane such charges
on was a commission or elec
tion to an office which authorized
the taking of proofs. It would
be like a notary public charging
for abstracting without means or
qualification for such work. In
advocating a higher fee for un-
i ouieiai worn we ucncve we are
I doing the entrymen a favor, for
if the office pays sufficiently the
officer will give better service.
Now wo find many IT. S. Com
missoners who earn their living
in other ways, and pay little at
tention to public land matters.
They cannot afford to spend the
time and money necessary to fit
them for the services which the
entrymen expect of them and
therefore much of their work is
bungling, often costing the en
trymen years of hard labor.
It is a fact that the public plac
es a large amount of trust and
dependence in U. S. Commisson
ers concerning their land matters
and relies implicitely upon the
advice given by such officers be-
! leiving that if a U. S. Commis
sioner tells them they have a cer
tain peico of land the Govern
ment should make good and give
it to them without further ado.
The general public does not- rea
lize that a IT, S. Commissoner
only gives advice in an unofficial
capacity, therefore such officer
should be very careful about giv
ing advise or information and
should always make plain that in
giving such advice he is only ex
pressing his own personal opin
ion from such knowledge as he
has, and that he is speaking for
himself and not for the land office.
BIG SILVIES IRRIGATION
PROJECT IS FINANCED
C. B. McConnell Returns From Chicago
Where Harney Basin Development
Company Orgonized with $100,000
Capital. To File Vigorous Protest
Against Postponing Water Hearing
The Times-Herald is particu
larly pleased to note from a late
Salem press dispatch published
in the Portland Journal, that C.
o. Mcionnen nau Deen success
ful in his mission to the east in
interesting capital in the big Sil
vies irrigation project. The writ
er knew the nature of his trip at
the time of his departure and also
had been apprised of its success
several days before but had no
details nor authority to publish,
as the information was confiden
tial. The Journal says:
C. B. McConnell today placed
on record at the office of State
Kngieer Lewis a transfer of all
. Free Until 1916.
Have you subscribed yet for
The Youth's Companion for 1816?
Now is the time to do it, if you
are not already a subscriber, for
you will get all the issues for the
remaining weeks of 1915 free
from the time your subscription
wfth $2.00 is received.
The fifty-two issues of 1916
will be crowded with good read
ing for young and old. Reading
that is entertaining, but not
"wishy-washy". Reading that
leaves you, when you lay the
paper down, better informed.
PSi llll I . ... - ...
the water ritrhtji of H AT. rv,iM , witn Keener aspirations, with a
and Mr. McConnell to the Har- braderonlookon life. TheCom
ney Basin Development com-' panion ,s a good W to tie to
oany. The water rights are jnyouhave a growing family
Harney County on the Silvies '. foreneraI reading, as Jus
river, and involve seven different i t,ce Brewer once "a'd. or other is
Deep Moisture Storage.
Deep storage of moisture, re
quisite to successful dry farming
can be secured only by keeping
the surface soil in an absortive.
sponge-like condition, says Prof
fessor H. D. Scudder, the O.A.C.
agronomist. This should be con
tinued as far as possible through
the entire precipitation period, by
good prepcration of the soil.
Flowing and disking and increas
ing the humus content of the
are the chief means of keeping
the surface conditions favorable,
permit t ing the moisture to strike
in both by percolation and capill
ary attraction downward. If the
surface is closely compacted dur
ing winter and early spring the
surface water runs off. damaging
the surface by washings and the
subsoils by keeping them dry.
Roots of crops grown on soils in
this condition lack the moisture
and feeding area to be secured in
dry farming countries chiefly
from deeply stored moisture.
On Tuesday noon, at the home
of Elden Woodcock, Rev. W. J.
Weber united in hannv wedlock
(Vinton Perry Wrey and Miss Eva
Marie McPadden. The bride has
just proved up on a homestead in
northern Lake county and did
most of the clearing herself, The
groom has for the oast three
years conducted a stage between
Burns and Bend. The happy
couple left for Portland via Bend
shortly after the wedding.
permits.
The Harney Basin Develop
ment company was recently or
ganized in Chicago, from which
place-Mr. McConnell has just re
turned, and articles of incorpora
tion, with a capital stock of $100,
000 will be filed in Salem next
week.
The project has been succes
fully financed, and construction
work will start coincident with
the building of the new railroad
in Harney county. Mr. McConnell
said. The area involved in
cludes between 30.000 and
10,000 acres of irrigable land and
between 20,000 and 30,000 acres
of swamp or drainage land.
Attorney McConnell announced
that he would file a vigorous pro
test against the proposition of
the Pacific Livestock company to
liostpone the hearing for an ad
judication before the state water
board on the adjudication of the
water of Silvies river from Nov
ember 10 to January 1.
He asserts that it is simply an
other scheme of the company to
block progress in Harney county.
necessary.
If you wish to know more of.
the brilliant list of contributors,
from our ex-Presidents down,
who will-write for the new vol
ume in 1916, and if you wish to
know something of the new stor
ies for 1916, let us send you free
the Forecast for 1916.
Every new subscriber who
sends $2.00 for 1916 will receive,
in addition to this year's free
issues, The Companion Home
Calander for 1916. -The Youth's
Companion. Boston Mass. New
Subscriptions Received at this
Office.
Chronic Constipation.
"About two years ago when I
began using Chamberlain's Tab
lets I had been suffering for some
time with stomach trouble and
chronic constipation. My condi
tion improved rapidly through
the use of these tablets. Since
taking four or five bottles of them
my health has fine," writes Mrs.
John Newton, Irving. N. Y
For sale by all dealers.
Skates at Tonawama tonight,
We do job printing.
Sumpter Valley Railway Co.
Anwd sml Depsnsre Of Truss
Departs
No. 2, Prairie
Sumpter
Arrives Baker
10:15 A.M.
2(35 P. M.
4:00 P. M.
Departs
No. 1, Baker 5:30 A. M.
Smnpter 0;05 A, M.
Arrives Prairie 2il0 P. M.
No. 1 Makes good connection
with O.-W. R, N. Co. No. 4
(Fast Mail) leaving Portland 6:30
P. M., arriving at Baker 7:56 A.
M. and No. 17 from east arriv
ing Baker 6:50 A. M.
No 2 connects with No. 6 (Fast
Mail) arriving at Baker 7:55 P.
M. which picks up Pullman at
Baker, arriving at Portland 7:00
A. M. Also with No. 18 at
W.V 1 . OS. lor puuiio cmbi.
ACCURACY
This store has its own
Lens Manufacturing
Plant in which can be
ground lenses of any de
scription. This enables
us to guarantee absolute
accuracy in filling your
prescription. Quick ser
vice on your repairs.
Duplicate immediately
any broken lens, whther
originately made at this
store or elsewhere. You
will find this great
venience try it.
we have prepared we presuppose Lukcyiew Examiner.
con-
C. III. SALISBURY
Jeweler and Optician
OregonTrunk Ry.
CENTRAL OREGON LINE
The Portland Chamber of Commerce
Invite you to the
Manufacturers' and Land Products
EXPOSITION
Portland, October 25-Nov. 13
2nd Annual Show of All-Oregon and
Southern Washington Agricultural Pro
ducts and Manufacturing Resources
Wednesday, Nov. 3, Homesteaders Day
Friday, Nov. 5, Central Oregon Day
Round Trip Tickets Sold on a Reduced
Basis from Central Oregon Points
Oct. 90 and Nov. 4 and 1 1
final return Limit Seven Days after date of sale
4. H. COREETT, Agent, Bend
Breakfast 5:30 to 9
Dinner 11:30 to 2
NOW OPEN FOR BUSINESS
Mac's Restaurant & Bakery
Located in the new Levens Building
BURNS, OREGON
W. R. McCuistion, Prop.
Supper 5 to 8
Short order at all hour
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 Patronise Home when you deal here
To be Given Away
AT THE
WELCOME PHARMACY
Every Saturday at 3 P. M.
ONE ALUMINUM SET
Be'sure and bring your coupons
you may be the lucky one
The one having the number
nearest to the number under
the seal will be the winner