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VOL. XXXV 111
BURNS. HARNEY COUNTY, OREGON, FEBRUARY 7, lJ-5
NO. 15
U.K
llelU! a
,
COURT COMPROMISES
E. 0. L. S. CO. TAX CASE
Long Standing Dir.putc Brought
To Sottlomcnt; Warrant Dubt
May Now be Taken Up.
Tho ordor printed below wiih miulo
ly tho county i u .. m " -.'"
day. It Is a BuL.citu-nl ul tho tr
enco of tho lOastorn Oregon I.lvo
f'ock Co. tinil n matter Hint Iium boon
landing for sumo tlmo. Tho Hottlo
. .i-nt will nmko It possible to rotlro
jiractlunlly nil tho warrant ludoptad
ncss of Hnrnoy county, which will
rollovo mnttorH considerably undor
tho prosont circumstances. It Is con
wldcrod hy many to have huon nn ad
vantageous settlement, whllo others
criticize It. This paper Is not sulll
c'ontly Informed on tho subject nt
this tlmu to ninko oxtoudud com
incut. It nppoiirs i precedent U es
tablished that ml;ht menu furthor
trouble In tho wny of penalty and In
toroMt on tnxos now delinquent. It
nl-'o would lndlcutothat tho quos
lion of holding formor Assessor
Caldwell's bond for any loss Hiistniu
d through IiIh fatluro to nltaoh tho
necessary warrant to tho rolls or
otherwise, In Jeopardized.
From good authority It In Hinted
that tho collodion of (tonally and In
torest on dollmiuont taxoM whom tho
i vvossnry wnrraut has not boon at
tached, rintiot ho colloclod. Tills
Is tho Information that enmo.i from
Senator Geo. 10. Davis who Ih at
tempting to not itoinu legislation
through at thin aoasloii to euro hoiiio
omissions In tho past in this rouuty.
Tho ordor reads:
hiofohio tiii: commihsioniouh
COCItT Kill: Till'. COUNT V OK
tlAlt.NKV, KTATK OK OI.KCO.V
In the Matter of Boilloiuent of the
use tliio from the Hsetern Ore
gon I.lvo Stock Company.
Now on thla Itli day of February.
1024. tho above entitled ninttor com
Ing on for consideration, there IuIuk
present Hie eutlru t'ouniy Court as
heretofore, together with W. II.
I'n.veii. General Manager of tho
.i!d Company, and Until. M. Dunonit
out of tholr attorney, mid
Whereas. The assessment and Tax
Uoil for tho yours 1621. 1D2X Mid
1 9L3 an affecting the said K. 0. I..
X. Co. hnvo lieeu In dispute and such
taxo are nt thin tlmu nupalil hy said
Company; and
Whereas, tho said Company ulio
had undor litigation with the Coun
ty tholr nsHossmont mid tax lovy for
tho your 1918. 1919 and 1920, of
which the tuxes for the years 1018
and 1919 Iiiih heretofore huon fully
compromised and sullied by tho
County, and tho 1920 tax ha huon
paid by sold Company under pro
tout; and
Whureus, an offer of tjottlomaut
of all taxes In dlHputo 1ibh boon nut
tuully mudo and accepted, and It ap
pearing to tho bout lutorcHtH of tho
County that tho outlro tax situation
should bo settled and that tho lovy
ngulnst tho Hiild K. O. I.. 8. Co.
Hhould ho compromlHud and settled,
now thoroforo
It U nuitunlly ay rood by and be
tween the County Court and told
10. O. I.. H. Co. that tUs wild Com
pany shall pny (ha 1921, 1922 and
1923 tax In full together with Hlx
por cent Intoroat thuraon from tho
dato hucIi roapaotlvo taroa lioulil
hnvo bonn duo undor tho atntuto,
and dlareuardliiK nuy quostlou aa
to Hih ommlaaiou of the warrant for
lh ooUaolloii of miiuIi taxaa; Hint
from Muoli amount ahull he doduolod
tho uui of !ja020. 25 paid aa ponulty
and Intereat on tho laat half of tho
1920 tax undor protest; that In sottl
ln fuch taxaa It U aijreed that ouch
party shall hnvo h rapuraontatlvo
proumt nt an audit of tho 1921, 1922
and 1983 tax folia, and that tho
auditors shall ohoolt Himli rollH for
any orrora In oxtonslon, doublo
iiHSOMinonta and taxo paid, and that,
tho amount found by Hiioh nudltorH
to ho tho halanuo of fluid rolln, Hhall
ho tho amount paid hy tho uald KuhI
orn Orogon LIvo Htock Company;
that an to tho 1921 tax roll tho
amount to ho paid thoroou Hhall ho
tho amount found duo aftor allow
ing tho deductions mudo hy tho Cir
cuit Court of this County in Uh do
crco affecting tho iiHuosuuoiit for
audi year, It being understood and
agrood hotwoon tho partloa lioroto
that tho amount to bo paid Ih ap
proximator $112,31(1.00 plUH lutoroiit
i!i horotoforo n croud upon, hut that
Biieh nmouiit Ih uuhjoct to rovlulou
hy tho audltom for orrors In oxton
slon uiul doublo iiHBOHMinoiits hIiowii
on tho roll.
Douo In opou Court at UuriiH,
Orogon, thin ttli day of February,
1925,
A. I. JOHNSON,
County Judge.
OKO. Ii. JAMMH,
J. V. 11UCHANAN,
gouuty CommlHHlouorH.
;: .crn Oregon Iilvo'Stook Co,
U. V."' ' ''It AVION.
Uuuurai .lauiigur.
i. II. I'AUIO ItKCOM.MIONDIOII
I'Olt WATIOIt .MAHTIOIl
(1. A. Hathaway, connected with
tho stnto engineer's olllco at Halom,
wiih a visitor to llitriiH during thU
week coiiBUltlug with local men on
tho appointment of a water master
for this county to succeed tho Into
J. C. Koloy. Tho county court had
rocummniidml M. IS. Hayes and this
recomniHiidatlou was considered
good, but when tho siuiio wiih pro
SHiitod lo I ho stato engineer's olllco
and an luvitstliatlon mado It wah not
aatlsfactory not Ibucuuso of any
thing against Mr. llnyos. huU he
cause ho was not fitted In training
for hoiiio additional duties tho stato
engineer's olllco donlrod rendered In
addition to tho usual duties of a
water master.
According to Mr.-Hathaway It Is
desired that an accurate record of
the runoff of tho streams of this couu
ty Ii desired kept for future use. lie
sldos by securing tho services of it
civil engineer tho county may hnvo
the benefit of his services on road
work and other biicIi professional
services.
Ilatuoy has no county surveyor
and by oomblulnt' tin two ollloas It
will prortds aullclaiit sttlary to Jus
tify, a profatMloiul man davntlng his
1 1 mt.
Aftsr discussing Ibo available uinu
sullabia for ths poslUou It was da
cldsd to rscommaitd Arthur II. Page.
of Duunodil. Mr. 1'aga ass oonsaut
ad to sot as watar mastar and Mr.
lluthnway lafl WsHlnosUay mnrulng
on bla rat urn to 8a lam whora ha will
prssant tha Dta nattia of Mr. Piik for
tho position.
ii. n. ii. s.
Tha aanunl party by taa froshaan
to tha school has boon poatpunad ror
two woaka.
Hut oho studam la absent bssnuas
of sjimlliiox although Iharo are a
lot of "sora" rirms.
Tho first lutar-olaas dahatv was
hald yeatanlay aftarnoon nt two
o'rlook with some of thu parents as
rlsltors. The doclsloli of tho Judges
want to tha negative loam, Kloauor
Walcomu and Marian McCullough.
Raymond Olson and A loss W'ouxol
upheld tho alllrmatlve.
Tho uoxt clash will have Hlduey
Hotchklas and Hoy lirown supporting
tho abolition or federal subsidies ami
nugatlvo maintained hy Alfred lirown
and Ivan I.owo.
Tho final elnsa dohalo will bo
schsdiilel one wok before tho trlnu
yular mot with Vale and Ontario.
Mlaa Jnn Cook and Miss 10 Icy
Walker are aaalallng Mrs. Farro In
tha produollon of "I'ollahod 1.IjIIh"
whllo Miss Mildred Urant will supur
viae tha ooatumln-. This nporotta
will ba prosautoil about the last of
February.
A iUHii of seond string baal'dioars
has hoeu pruetielux for thu oontfit at
Cnuio next Friday oveulng. Ted
Patterson, former Wisconsin star hue
been coauhlng tho hoys.
llealrlca Deallpts tA'sf? la . now
attending (Irani High of. Portland.
8he Is secretary of thu dramatic oluh
and literary wlltor of the school mng
iiicliitt "MemoirH."
Miss I.uelle. Drown of last yoars,
gruduwtlng olnsa was rsudttlly Initiat
ed Into Alplm Phi, a national sorority
at U. of O.
O'
THHMINATj IMPHOVIO-
MIONTH f.'OINO KOHWAKI)
Although tho high wator hao boon
a handicap tho work of ternilunl
ground Improvement!! Is going for
ward. Ono building Ih being raised
and material In roadlnoss for more.
With tho ilamnged road bed In
Malheur county, noar Vale, It Ih
likely tho material will ho dolayod
for a fow days until repairs can ho
mado.
FLOODS DAMAGE GRADES
AND DESTROY PROPERTY
Dam Breaks, FIooiIb Farms and
Drowns Stock; Train Service
Effected by Washout.
A high dam on Ilully creek In Mal
heur county wont out Wednesday
and caused eunsrHtrnblo dauiurc.
cording to Information rocoUul neio
hy wire on Thursday and later con
firmed hy people coming up on the
train and arriving In Hums Thurs
day iilghl. The structure was In
tended as a diversion dam and had
cost a conslderablu amount of mon
ey, but wns practically ahoudoued no
far as being a factor In the Irrigation
system. At least that Is the Impres
sion gained after discussing tho hiiIi
Joi't with Judge HIkks, who In more
or less familiar with the situation.
It was a concrete rore structlon that
had never been properly sustained
by the rock and dirt fill ueaossarv : i
its permaiiotieyv therefore I had
been more or loss u iiieunci tor the
past sevornl years.
The deluK" of water releaned by
this dam washed down onto farms,
destroying improverenls also In Vain,
together with threo to five miles of
railroad track Injured and ono rail
road bridge washed out, has calmed
an estimated damage of approximate
ly 2r,0,000.
In addition lo this property losi
we learn from F. 10. Johnson, one of
tho Pacific I.lvo Block Co. superin
tendents, that the live stock lots was
considerable. Mr. Johnnou Mutes he
has no means of knowing Just how
many stock were drowned on the
ro! grounds along the path or the
flood, but ho hnd been told that some
iiiO or 600 head of cattle hail bunt.
drowned and at hoard one sheep
man alate ha tend night head out of
something over 1000 ho had on tho
feed grounds. Mr. Johnson states
tboro was ulao n small unit dam on
the Urogau Irrigation district wash
oil out which has likely oausud more
or loss loss from crops anil Improve
nunta but that unit did not oateh any
live stock eo far as ho know. Tho
Pacific Lire Block Co. was feodlug
somo stock In the territory but the
eat tie had beou moved jo tho foot
hills without lots.
The train service Is more or lo
demoralised as the washing out of
the bridge and Injury to tho grade
for a few mlloe rwiulros a transfer
of the pnsHongers nud mall over that
distance and tho crow now on this
end or tho line are compelled lo go
almost lo VhIo where tho other
(Continued on page five)
INSPIRATION-
BCr" " -- " - 7 "- m i ,i ' 2. TL W fc "V:1 m .- k 'SCSst
" - - -' " " tf " -' ' . & Wm xjJfty ," "SEl- ,-":,p -". jrCf -
fsmxmir. j- w v, nyfl
wmMmp'
TO CURE TAX DEFECTS
District Attorney Proparen Bill
At Request of Chairman on
Assessment. Taxation.
DlHlrlct Attorney V. CI. Cozad this
week forwarded the following bill to
lulem at the request or the chairman
of. the committee on unRossmeiit and
taxation In tho lyglHlaturo. Tlilii Is
not Intended us the only it: '.mi taken
to cure tho muddle now I. 'fd by
Harney county lit collecting Inn..: tax
on, hut us one mean". Mr. Cozad Iish
outlined another plan by court pro
ceedings and whllo ''. Is not sure
Ms opinion will he uphold In a court
nci'oii, he Is sulllcluutly confident to
slum! on It In a trial. However, as
the request was mado hat ho pre
pare a hill to go before the legisla
ture, the following was ion warded:
A HIM.
For mi Act to validate tlflT iihhohs
ment, equalization and levying or
taxes upon failure to give nollco of
tho meeting or tho Hoard ot lOqunlll- . ,WQ lno valuation or the property
alien; fnlliim lo lay bororo tho said therein nssossed In tho mnitnor pro
Hoard (ho Assvssiuoiil roll; fnlluro Vla1ct by Hectlons "1292 to -1298, In
or said Hoard to examine, correct and cIuhIv Oregon Laws, and whon thb
equalize tho assessment roll prior to
: thu making or tho tax levy by tho
Cuii nty Court; to euro tiercels In tho
J equalization of assessments unci lovy-
lug of taxes and prescribing tho pro
cedure thereiinclor.
Hectlou 1. No nssossiiiiuil horoto
foro mado or which may hereafter bo
made shall be Invalid hcrntiBo of tho
failure or the Assessor lo complete
tho assessment roll nnd lay tho same
before the Hoard or lOquallzatlou on
or before the second Monday or Rep
temher ns required hy Roclloii 1292,
Oregon Laws. Provided, thnl such
assessment roll be completed nud
laid before the Hoard of ISquallxatlon
substantially us, and at tho tlmo
hereinafter provided.
Ueutlnu 2. No examination, correo-
tlon or equalization of the nssoss -
ment roll, or Incrcmso or reduction
or (ho valuation or properly therein
assess on nuretoioro inn nu ur mutiu
may hereafter be mado by thu Hoard
or IStinallsatiou. shall bo Invalid be
cause of che failure of the Assessor
to give the notice or luo mealing of
the Hoard or Uqunllzstlon aa requir
ed Uy Bootlon 1291. Orogon Uiws.
Provided, that tho Assossor glvo not
ice or such mooting nud tho Hoard or
liqiiallantlou shall moot, examine,
correct and equalize tho assessment
roll substantially as, and at tho tlmo
hereinafter provided.
.action 3. No lovy or taxoa by (ho
County Court lioruloforo made or
which may hereafter ho made, iihiill
he Invalid because tho nimcHPiuont
roll upon which such lovy wiih or
may hereafter be mado had not been
examined, corrected and equalized hy
the Hoard of ICquallzatlon as now re
quired, Provided, that the Hoard of
lOquallatlon iihall meet, itxamlno,
correct nud equalize the nsHcnsment
and liicreiinu or reduce the valuation
or tho property therein iiHHOHHod nub
stiiutlally as, and tit tho tlmu herein
after provided.
Ruction !. Whenever tho County
Court has made, or shall hereafter
make nn order at tho January Term
of such Court next following tho year
in which any assessment, equaliza
tion and lovy has not been made at
the tlmo and In (ho manner now pro
vided by law directing the Assnssor
to f.ivo notice of the meeting of the
Hoard of 10(11111112(1(1011 nt a time fixed
or lo ho fixed In said order which
notice shall ho given In tho manner
and for tho length of time prior to
the ditto or tho meeting or tho Hoard
or 10quallr.iitlou now required by
Section -IU1I1. Orogon haws, nud re
quiring !' - Hoard or ICquullzntlnn
to meet n 'm time flxod or to ho
rixed In saV. onlor and proceed to
oxamlne. correct and equalize tho
nHMussinuiit roll and Iticrunso or re
Assessor and Hoard or Kuuallzntloii
nlnill substantially comply with said
order nnd tho Assessor shall com
plete nnd deliver tho tnx roll to tho
Tax Collector ns provided by Hoctlon
4308, Oregon Laws, nil proceedings
regarding such nssesfluient, equaliza
tion and lovy or taxes shall ho valid,
and ns effective ns ir such proceeding
had been taken nt the tlmo and In
tho mnnnor now provided.
Section 6. Tills Act Is Intended ns
a curnlivo net ror thef purpose or
curing any or the defects herein re
ferred lo pertaining to any assess
ment or the equallwitlnn of any
assessment roll or any tax levy here
tofore mado or which may hereafter
bo made.
Section . Tho right of aypocil pro
1 vj(oij ny jjootlon 4299 Orogon I.iw
nBJn ll0l , abrogated or urfortod
jy ,,,,, not
o
Mra. Ouroh Pennington Is homo
after n sojourn or sovoral months In
Jarksou county. Shu Is at present
Tlalting her ilanghter. Mrs Itnlpli
Psebodr. but expects to occupy bar
resident? In this Hty purmsnonlly
from now on. She la contemplating
a rino gnrden, asking already for
any govornmont Isaods this olllco
might Imva. Wo hnvo not boon fur
nlahod with nay govornmont garden
seeds ror tho past couple or yoars.
Wo will do your Job work.
By SATTERFIELD
i..i ,tvin.t -
.ulOkMliA. I
MAN SHOT AT PRINCETON
ON THURSDAY MORNING
Barney Kobler Shot in Breast by
Ira Nelson; Andy Falkstad
AIbo Hit by Bullet.
Ira Ncilson, a rancher living In tho
vicinity ol Princeton, came to Hums
Thursday and announced that ho
had shot Harney Kobler. Ileforo
Nelson had reached Huron, turnover,
the doctor had boon called to nllouo
Kobler who had gone to the Orou
Thompson ranch following tho
trouble.
Mr. NoIhoii was accompanied In
by A. II. FnlkHtad, who also had n
wound on his finger from a gun shot
which he received during tho trouble.
Ah nearly as the writer Is able to
gel tho facts It appears that Ira Nel
son citmo to thu Falkstad house,
which Is Just across tho road from
tho Princeton post olllco which Kob
ler and his wife conduct, nnd thu
Keillors came uci'ohh with the avow
ed Intention or "cleaning up" on
Nelson. Mrs. Kobler had tho weight
from a pair or scaloj In her hand
and her husband wan nrmed with u
gun. The woman hogun abusing
NoInoii and dnrlug him to strlku her,
at tho same tlmo Kobler wnrnlng
him not (o. Nelflon was under tho
Impression that Mrs. Kobler had an
automatic pistol In her band um ho
could not neo clearly what It wnn
and shu would not say what she hold.
Mr. Falkstad, at whoso house the
quarrel took place, said ho listened
to the quarrel ror a tlmo but en
tered, bin house nud directly Mr. Nel
son rushed through tho door and
ran hack by a table where ho picked
up a loaded gun that Mr. Falkstad
had. Immediately Mrs. Kobler en
tered uud attacked Notion banting
aim over the head at the same tlmo
grabbing him by tho throat. Her
iiUuaud followed right behind her.
Nelson admit firing al Kobler and
In che grapMng that followed In
which Mr. and Mrs. Kohlor had hold
of him, the gun was wrouohod from
IiIhi it ml a shot was fired which
struck Mr. Falkstad In tho finger
and passed through tha tnblu over
which they had Nelson bent.
Ur. lloman want to tha Thompson
ranch to administer to the wounded
man mid reports the bullet was de
flected by a rib and passed around
untlor the arm. but the foroa had
evidently fractured to rib to auuh an
extent thai Mio lung was Injured
from the vloilut spitting up blood
and the general condition of tho
wound. The doctor niiuouuotHt that
barring complications thu man will
recover.
District Attorney V. (1. Cozad has
made a formal complaint niruiust
Ira Nelson but announces ho will
defer preliminary until tho wounded
man improves uud able lo attutid a.
hearing.
TltlH papor will refrain from fur
ther continent upon this unfortunate
affair until more rncls may bo ob
tained. o
MOTHHItH OI.UU .MIU3T.S
(Contributed)
The regular mooting of thu Moth
ers Club wits held at tits homo of
Mra. 11. J. llnnstu on Thursday
afternoon with Mrs. J. 13. RHsomoro
joining as hostess.
The meeting took on the aspect
of a "hhower'' us lu oititt way tho
j word bad gooe out Hint each num
ber attending bring something mat
wold by of use tu tha wny of furnish
ing a home ami these article- wro
prvasntod to Mr. T. J. McDonald,
whoao home wa roosntly iltBtrojod
by fire. Mr.s MoDonald feelingly ex
pvoesotl her appreciation of tho
tiioiighlfuliioss of the inewUrrs of
tho Ohib.
Mr. Trail go tt oniim beforo the club
and dlsoussud tho disposal of tho
Mnlu Straot roal ostnto.
Tho formation of a Onmp Flro
ClIrlH orgunlKtitlon lu Hums wng tho
subjoot of discussion during tho nf
tornoon but nothing doflttltQ was
done lu rogard lo it.
Tito uoxt mooting will bo nt tho
hnnin of Mrs. Noll Smith with Mrs.
Hotohkl8s and Mra. Alox Kgglostou
as Joint hoatoBsos. .
Refreshments moro sorvod boforo,
adjournment,
-6
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