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About Rogue River courier. (Grants Pass, Or.) 1886-1927 | View Entire Issue (July 1, 1910)
FRIDAY, JULY 1, li0. VAGE EIGHT KOGUE IUVEK COURIEU IRRIGATION AGREE WENT APPROVED undw the terms and rondiiions of cany out the conditions on Its part K.iid option, and the (second party, in ' herein contained and the first parly order to fully effectuate ilils trans-1 and Its engineers and employees shall at all times have the right or Inspec tion of said works and of all plans, specifications, and the said system VVLh TEXT OF CONTRACT I!E TWEEX THE COMPANIES WATER FOR NEXT YEAR All tlic Condition Which Shall Gov ern (lie Two Corporation Are Herein Ht-t Forth. This aKreenient made and entered Into this 18th day of June, 1910, by and between Josephine County Irri gation and Power company, an Ore gon corporation, party of the first part, and Rogue River Irrigation and power company, an Oregon corpora tion, party of the second part, wit nesHelh: The term "Grants Pass district," as hereinafter used, shall be deemed to Include all the Irrigable lands on both Bides of Rogue river and In the Rogue River valley, in Josephine county, Oregon, extending from a lino crossing said river at right angles at the head of Savage Rapids, down Htream, westerly to a point where the 1213 contour crossed the Merlin divide; thence by general westerly course, following said divide to Rogun River, and not including any lands on the westerly side of Rogue river below the mouth of the Applegule. The term "Merlin district," as hereinafter used, shall be deemed to Include all Irrigable lands on the easterly side of Rogue river lying down stream and northerly from Grant Pass district, coming under the 1213-foot contour where the name crosses Merlin divide and in cluding all Irrigable lands lying In the neighborhood of Hugo. A blue print nf the said districts proposed to be Irrigated under the provisions of this contract Is for the purpose of reference attached hereto and made a part hereof. This agreement Is made not only for the benefit of the first party here in, but also, wherever the context admits or requires, for the benefit of the future water users within both of the aforesaid districts, and any organization that may be effected by Raid water users, whether by unincor porated association, private corpora tion or public or other corporation under the laws of the state of Ore gon, ho far as the same relates to the Irrigation of bind contemplated by this contract, and each and every agreement, covenant and condition herein contained on the part of the necotid party shall be deemed ;i cov enant, agreement or condition, as the case tuny be, Inuring to the bene fit of, and which may be accepted and enforced by any msoclation or corporation formed or created here after by the water users within said districts for Irrigation purposes. This agreement further wltnesseth that the parly of the first part was heretofore organised ns a pr'vn'e corporation for (be pnrpoie of pro moting and effectlnu n s stent of Ir rigation for the hiiI. I dlsirhi In the Rogue River valley and :i such It haH ncqnlred and enlov certain rights In and to ditches, canals, flumes, pipe lines, water ruhts, Im plements, machinery, h. stock, franchises, etc., ami the second party Is desirous of taking over mnl uc quiring the rluhts of the t-.i pnrtv therein, of currying nut In .a m nenil wav the objects and purpo.-e ornniii 'alien of the Hi st p.n ; providing an In k it l.u - the districts aforesaid. Ms Iniifter more soeclt'lc.ilh s,.i And In I'onslderiit ion of tl l'cs mid of One ( $ I on i ,,i flr;t party In hand ImiI l end p'lt-lv, the receipt u ! - of the and nf 'II' ful hero I'o'lh I'' 1'lelo- II- t. tile 1 the !icivli in imu i'di!ed nil Aide i oil'ildi'i llllon lit-i . ! Kl'ei lllciillv .:,.( for'll, , does l"fidiv i'. til II I unto pnrtv lor the period of from i he dale of (his i "i: elusive "pllon nf the !' of the leonorlv and pro 0 I other Mil I'l -I ha- ..It . I". ll. I .! imp: or t lit' Ih't ,;irl ,. Hon. rc.il. peinonil a puitl. ulaily nil i, ,i f 1 'I III i 4, nine Hues, ll s erlv , In. ludlm; a'l too ln:iclilnerv, nlpe nnd I N 11:1 nf which will furul-bi'd mid ntt.it he tenet ,.i a part thei cof a! -fli'hl and npprooi ,n ,n ,, and nil rights and m, fruni lilscs connected w it h lti to said ennuis. .In. hcv pine lines or nth.-rw se n. iioncii nv nam Hist put uiariv tiint water I. 11'iMi. mi. I Mllll- t'lol e Mill olid d.ivs I' ' V .!' all I .1" , I. and . an, ll-., : I"- mem s. .I. a : Mu rch is, count v first , o. I., In n 'Ills , ,1- a" u ll. r ' ' Mat. I 'C'-i and or 'ipplx I lunies or I or con and panic- i. a'l.. r di'e.l recot del In Vol ot 1 1' l!t ' t'.l .'o-iephliie 1 1 1 . also " flop! Hie t proved M ir, ll. a It! 'is Well lis I's.'pLii,,- . .iiur I'ecoi ds con - l-iui. hi- of tli nuts Puss, a 1','nn, and iiiinihered ; IN fninehlse from ,1o dated . 1'iiin The other Naliial.le c t:! 'tntloti tieielnhefore referred to U this '"he pecninl party. In cnnsldei ,u id, of tt,.i afotesald option, does heiebv ,el, as tdc.n, transfer and set nei unto it,.. pnrtv Its certain oi.ti ,p p,..,.. ncqnlred from ,, 1 "s o! i. i !, a,, fer. does furthermore covenant that it will execute any other and further conveyances and assurances of title on demand of the first party which may be hereafter required by the first party In order to Invest It fully with all the rights which the second party has heretofore had under said option, provided, however, that should the second party exercise Its option of purchase herein contained and otherwise comply on Its part with all the conditions to be per formed by the second party up to and after Its election to exercise its said option, then and In such event, the first party and Its successors will and shall re-transfer unto the second party the said options and any and all rights and Interests that may have Invested In the first party pursuant to the provisions of the same, In order that the cecon 1 party may ful ly perform the conditions on its pat heretofore set forth; such perform ance and the benefits to accrue therefrom unto the first party, as well as to the water users of said dis tricts and to any corporation, public or private or unincorporated associa tions of said water users that may be by them organized hereafter, be ing deemed and here fixed as a good and valuable consideration for such re-tri'nsfer. The forty day period of this op tion Is so fixed for the purpose of en abling the second pnrty to solicit and procure contracts with prospective water users for future Irrigation within said dlstrtlcts and the second party covenants and agrees. In con sideration of said option, to proceed vigorously nnd with diligence In the procuring, or attempting to procure, contracts with prospective water users, containing substantially all the provisions In favor of said water users, contained In the proposed form of water user's contract, attach ed hereto and made a part hereof and marked "Exhibit A." And should contract within said period of 40 days he signed up by prospective water users within said districts, aggregat ing and representing 10,000 acres of land, then at such time the second party shall pay unto the first party the sum of Five Thousand ($50(10) Dollars, lawful money of the I'nited Stair's of America, where-ipon all (he other additional rights heieln pro vided In favor of the second party shall he deemed to become vested In if. subject, however, to all the obliga tions and conditions hereinafter set forth; but, on the oilier hand, failure on the part of the second party to pav the said sum of Five Thousand t$.'.onoi Dollars on or before forty days from this date, or at such prior time as It shall have procured the aforesaid contracts covering 10,000 acres of land as aforesaid, then and in nidi event this option shall be deemed to terminate and to be null and void and thereupon all the rights of the second parly hereunder shall immediately cease and termin ate, free of any right, claim or equity of redemption In the second party and any and all consideration re ceived by the first parly for said op tion shall be retained by the first party absolutely, free of any right, claim or equity In the second party. Should the second party comply th the conditions on Its pnrt In the foregoing out Ion, and pay the sums of money aforesaid within the times herein limited, the second party shall thereupon he entitled to acquire all rights of the rirst parly In nnd to the properly, rights nnd franchises hereinbefore set forth and described for the consideration nnd upon the payment of the further sum of Fortv Thousand ($H,onO) Hollars, lawful money of the Pulled Stales of Ameri ca, to be paid unto the first parly, as hereafter set forth nnd conditioned upon its performing all the other and further conditions upon Its part, not only In favor of the first party, but all other parlies, associations or cor not at Ions, public or private, and pres ent or nrnsneetlve, as herein eiiutner- Ited lind referred to Sal, I mini ,,f Fortv Thousand Dollars l$ti,ni)iii -hall be paid unto the first pnrtv In t'-tallllieiits as follows; Twenty Tli.ois'ind i,,.,.M , j'jn.iinoi ,ia ,, ;,ry 1 :'ll . nnd Twenty Thousand Hoi-''if- i $'.'n. I .lannarv '' 1 'i 1 "" ''el'n: In nil th.;s herein con- tle , . relict" nf this ll",reetlieit. the 'lecond Parly shall coin t l'i const met ion ,,t n I. , i,. v-tetii for said districts ami the same to i oiiiploil,,,, !(s I,,.,.,.. ""'i'" particularly set forth 'e, If!,', I, The second party shall, nn or ' Vnurst 1. t ll, coiunience the '0 'lop of nn Irrlmit Ion s stem, 'lis' nn,. ,,r more dams mi tUer. for furnishing power i-doti for nunipln:. vater Iyer, sufficient wltli n.,. "pi'leiiieiital storage and gray. M '' '. I" In lu ate not less than " ;"" f land within Hie afore- '''I dl-MlUs; which said dam or d ims shall furnish power to raise ''id Vi.lier io a height sufficient to I'ligate, wi, s,,d supplemental stor iige and gravity system, nil of said lands under n ditch of sufficient eh. ..it dm to doss what Is known as the ueum niM,ie at approximately '"tpi ni w tint Is known as the loot c.ooour, crossing tu, .,, im.i mat work on said dam si.tiMtion ,,f pumping t i i aid d Vp.l t" 'In e ' i 111 s I .1 " llMll. a I'd i I -a I. 1 I I he 1 '.' 1 3 divide. and In- machinery first Infni e and wife tain lands on both i , or Knguo i Ivcr tit , hat Is 1, m.. Kavnite Rapids n .tosep,i,.,. Jackson ccuitto- Oregon. water r'ghts and dam site "inn,' therewith, with full i id t .. , find party to huve, hold at ", for Itself Mid nntn its oi . hh-mkiih, an me l ight. it leu nnd 'i, terest grnnled unto the ,.(. i d p.nv t i" ted i'ic o t '" ""'"I he prosecuted conllnil i! and with sufficient force of hell- to furnish water for u. n. cib'e lands within the llnrntu Pass dutrlet for the whole or the rrl," ""il -Mom of I'M! "id there.'f,i' md for the IrrlgiM. .,M,ts w"i. Merlin dN' rift ,.n,K, ,n "f the Inlgatlm season nf 1 9 1 and the-e.ifter. and ntheiWl.,,. comply xNlth the conditions provided hv sn. water users' rnntmei d ' u0 -ml 'Lull, machinery end nil thl-M "".in tenant thereto shall he i,M t it 1 .triieted In good .,,.,,,, -n,i setfi' , ,,t innniier as shall be t,. " I b . nmt.ctcnt an, ii'llali'e ,.. ' r '""I hin be In n (m,m 'deqn He and sufficient to cii'iM,. , "eon, pnity to fully perform ,,n, and all things. Including its ditches, flumes, pipe lines, dams, diverting works, power plant and machinery shall in all things be constructed with due regard to economy of opera tion, permanence and durability. In case of any dispute between the par ties hereto or any persons hereafter to whose benefit this contract shall inure, in whole or In part, shall be settled and adjusted by arbitration In the usual manner by each of the dis puting parties selecting an arbitra tor, and the arbitrators, in case of failure to agree, selecting an umpire, and the findings of the majority thereof will be binding, final and con clusive upon each and all of said parties and persons. The water shall be delivered by the second parties by main ditches or sufficient laterals In each of the districts aforesaid within the periods aforesaid and thereafter, at the most available point within one-half mile of each of the legal subdivisions of the forty acres, to enable water users to take, appronrlate and "use the smie. tocethcr with the necessary gates, outlets, laterals, etc., for the distributions to the water users, all at (ho expense of Uie second party. Trevlded, 1hat the water to be furnished by the said svstem may, so far as concerns the Merlin district, be supplemented by the second party by gravity supply through the con struction of permanent storage re servolrs on any convenient sources of supply, but such rights shall not be deemed to relieve the second party In any of its obligations herein contain ed as respects the character of Its diverting or power plants on Rogue ivnv. The srmo shall thereupon be deemed to be a part of said Irrigating system, 2. The irrigating system here pro vided to be constructed by the second nnrty shall be sufficient to furnish 1.S acre feel of water p"r arrp for not less than 30.000 acres of laud, withli. the said districts. 3. Priority of rights In case of a deficiency of water supply shall be regulated ns follows: All water users within the Grants Pass district signing up water users' contracts on or before July 10, 1910, shall constitute Class "A" and all constituting Class "A" shall pro rate equally in supply or deficiency with each other, but their rights shall be deemed prior to all other classes. All water users within either of said districts signing watfr users' contracts after July 10, 11)10, shall constitute Class "R" nnd shall pro rate equally as to nnv supply or de ficiency after Class "A" shall have received Its full supply. 4. The price to be paid by water users per acre for a permanent water right shall be at the rate of $C0.00 per Here, or fraction thereof, payable In twenty annual Installments at the rale of $3,00 per annum, each Install ment being payable on the first day of October of each year, beginning on the last mentioned date following the date of the signing of the con tract, hut any delay occasioned In the furnishing water, by the time con sumed in the construction of said sys tem or In any temporary falluie'of the same thereafter, shall be deemed to continue the time of such pay ment or payments until the said water shall have been actually furn ished ami delivered at the point pro vided for each water user ns has been specified. The first ten Installments shall not hour Interest, but the l ist ten Install ments shall hear Interest from matur ity of the tenth Installment at the rate of r, per cent per annum. The Interest on each Installment shall he payable annually at the time of ma turity of each Installment of prin cipal. At the dale of the maturity of the twentieth Installment (us provided In IMiililt "A" i the said system, with all of Its appurtenances, equipment and properly, real, personal and nii. ed of every description, shall bo transferred by the second parlies, free from liens, encumbrances, and with good and siifl'li lent title to all lis lesi'rvnlr.s. reservoir sites, ditches, dams and power p'atits and sites therefor, as w,i as any and all of lii otter prepei tics and rights of every d. s, rl'.tl.in. altogether coikM Ipting th,. Irrigation system nfnr,.. .-aid. hut not Including other proper lies of the second pnrtv. and Ilia' "aid It aii-i,., shall be mad,, to st h :,s-" 'l'"i '"I potation, pul. !,. prhtito, as mac U.' lie,.,, or-inled or nun th, 'leafier I,., organized by 'he lirlgatots of sild districts for such purpose And sip h systems shall thereafter be the absolute prop erty of sii, h association or corpora Mou jid lis i',i I'ssors and assigns and all water rights inutraeted for thereunder, shall be deemed and con sidered as paid up wnt r rights and shall run as im appurtenant with the land, provided, however, that any de linquencies existing, either In ' an nual Installment.', or principal. Inter est, or maintenance charge, together Willi the rh'ht to enforce and cnlle-t the same shall lemnlu the property of the second party, together with any right of lien upon the land m..i be 111 forced and collect. '.I l,v n,., "ntv as fully as If the second 'ill retained the title to system. plratlon of the twenty payment period. 5. From the time that the water shall be delivered to the water users hereunder, and until the said system shall be taken over by said water users, the second party shall be en titled to charge and receive an an nuel maintenance fee of $2.00 per acre for each acre for which water Is delivered, payable as may be pro vided in the water users' contract and the second party during said period hereby agrees that said system shall he maintained and kept up in good condition and repair and In all parts and portions thereof shall, at the expense of the second party, be re newed from time to time, wherever necessary. 6. Except for the provision here inbefore contained as to priority of right, all water users within the said districts shall receive the same terms and equal rights and benefits and no special benefits shall be granted to any person or persons. And all pro visions herein contained which are here inserted for the benefit of the water users shall be incorporated In, and are In any event to be deemed to he a part of any and all water users' contracts that may hereafter be made. Whenever the second party shall elect to perform its part under this contract It shall and will furnish un to the first party a bond of some re sponsible surety company, qualified to transact surety business within the state of Oregon, in the sum of not less than $25,000, and conditioned for the full performance on Its part of all the obligations and conditions in this contract provided to be per fonied by the second party, and the said bond to run and Inure to the benefit of not only the first party, but to each and rll of said water users and to p.ny association or corporation, private or public, that may be form ed by them hereafter, for the purpose of taking advantage of any of the rights and privileges herein reserved. Said bond not. however, to be con tinued after the time when the said 'vsteni shall have been completed, as in this contract provided. 7. nd nny and all changes and variations In the form or substance of the water users' contract hereto attached shall be first subject to the approval of the first party. This agreement is executed by the first party subject to the approval of Its stockholders, who met at the rooms of the Orants Pass Commercial Club Thursday afternoon, June 23, and by a two-third vote approved the action of the board of directors. Roosevelt Paid $.-() Duly. Although Collector Loeb of the New York custom house refused to disclose the amount of duty paid by REACHING THE RENTING AGENT tsflher2 HOUSE HUNTING is made easy by the use of the Telephone. Few people realize how much business thev can do and how quickly the)' can do it over the wire. It is not even necessary to be in the same town, because the Long Dis tance Service of the Bell System brings even- one within talking distance. In all the business and social affairs of life, people put their trust in the Bell Serv ice because it is universal. THE PACIFIC TELEPHONE a & TELEGRAPH COMPANY Kvery Hell Telephone is the center of the System i1 BUY DIRECT AND SA VE MONEY Carloads of perfect building material, cut to a hair, to tit Ilka tlie paper on tha wall, shipped dally Our 5-cross panel J 1.5(1 Door is the t'est valuo over offered anywhere for this remarkably low price, and It Is oely a snmple of the many good things oral price-savers contained In our catalogue. We own and operate our own mill in Seattle and SAVE YOU MIDDLEMEN'S PROFITS Send In a list of what you need and let us show you in ACT I' A 1 j FIGURES what wo save you. W'e sell evervhody and slilp anywhere. Save middlemen's profits "FOR. THia CHILDREN." Send for Catalogue. One price to everybody BuiWersNced; TbisCalalog j Colonel Roosevelt upon his luggage, an official of the customs house said that it was about $500. All of the colonel's specimens gathered on his African trip will come In free, as they are to go to the Smithsonian Institu tion for educational purposes. Most of them have already arrived. Great Sacrifice Me Is still on at the Southern Oregon Supply Company. WE are still slashing prices. Our sale has been patronized by hundreds of people seeking good values; but it is not too late for you to pick up some exceptional bargains in merchandise, things that you can use right now. Boys' Suits Dozens to select from, to values. $1.95 Mens Shoes $1 values $1.95 criM!o to Val.. $1.15 Mens Suits Hundreds to select from. Kvery one a bargain. Suits $7.00 to U Suits 8.00 r Suits $9.00 $1(5 to $17 Suits $10.00 IS Suits $11.00 1!. '2( s'.'i suits. $12.00 Men's Hats In this line we have sold doz ens during this sale. They are unheard of values. We had a largo stock and there is still a chance to get one. 1 liot of Derbies, if.) values $1.00 1 lot of Soft Hats. values $1.50 I lot of Soft Hats, if to L:,0 values $1.00 GJIEAT VALUES IN DRY GOODS FIGURED LAWNS. dust the thing for waists, gowns and children's dresses. L0USINE SILK LADIES' SUMMER VESTS v ml ,aV7" i i I ."I' I h'i,rs 'ut 'vervthmg in ; h.,1 i, i s ;rut,liul iI,is uc i 1 :t:.:::J02i4cand23c - .... ...v .-I ,,L (HI . have a i SOIESETTE vll'llliw l.llf va!u,'s -?c niee assortment of 'colors ames 1ZC 1 tit i i,. vi....., 1 .,- , I . v .in me im n ice oi .!' V'l Mini: 1 D 1 ' ' ' mill 18c .i T(1I imru Mil liTiisaMuti l-2c per yd. A very popular fabrie, all shades. 22c it 'Mile, let f'lll tt'. XII u i.-tll l'."W,lc,. , ever. '" In U.it. r mulct ,ii, ,ur m.n :it !iii tnii inv ' "'f tin' ,rr HuM 1 n f i r.v-t (ivccct .ii, I, ,. ., i, ,. i ' l '"at. .1(1,1 ll.' s,:, i,,'v. "III,,', J , ,1 .I,,,,,! I,, "':U ''' f If'.- Wltl.iM """'I i'l' ;M ttt " ' "1 I'M in 'imii',1, i ' " :' "'.ice nt micli tlm.i . r im.'iV onii-art ,,,) ,),,,,.,,. "Mil h.irlv aluil! i t M-ilcni i, ii,.. U' same i,. ... I,.,r..i..l. .r . . . " ' ' I"-'""'" ll tliat ', 11,,. f'c.. f", al .vi,i ii", ,t. i 1 1 sal, I w liter users the tltt'e nf 'MltV Itistnll. t IV I I,' ' Ki'v.1 ' m "' '"" ami t.ko ,lvi.ta of this We are agents for the Standard Pattern and the Kabo Corset SOUTHERN OREGON 5055: SUPPLY CO. " ' ' MI"CI,'I ,-H , il upon the ex-
