TUESDAY, JANUARY 25.192.1
PAGE FOUR
THE HEPPNER HERALD, HEPPNER, OREGON
ft
THE HEPPNER HERALD
AN INDEPENDENT NEWSPAPER
S. A. PATTLSON, Editor and Publisher
Entered at the Heppner, Oregon, Postoffiee as second-class Matter
Terms of Subscription
One Year ?2.oo
Six Months $1.00
, Three Months $0.50
HARNESSING THE
Hp HE CONK
J- nes'hn' of
nis w
movement lor llie
tleve
llie Umatilla rapids
than ordinary imjio
land Empire, and n:
hcliind.
ll
I leppuer, 1
csted
in any pr
a re;
asonaijie (.' 1
vice commission in the Ilcppner Eight & Water Co. rate
case has increased the cost, of light and power to practically
a prohibitive rate. If there is a town anywhere in the
United States paying a hit
j leppner we h;t c not heard
gives promise 01 plent
reasonable cost , should
Lake an interest in life.
( )regon has a weal
and it is high time step
ihe water to worl, and
01
ma
ii of
were
l I hereby add to
md prospcril y of
stale and t he ronilor
jut and c erv oi in-r
com
si I
ould be represente
,1
DAY DIRECTORS
GIVE OUT STATEMENT
Cunt timcil l-'rnni Page One)
of gfly ceiils pi r acre on all land
within the district and that Hio (II
rerlors would make another assess
ment hood. The board wishes to con
tradict Ihe statement in regard to
furlliei' assessments. The contract
with the engineer employed calls lor
a compells preliminary survey at 4"
'enls per acre for the irrigable hind
surveyed, and when the survey is
fOIIlplclod, Ihe next. Step will he left
lo the vole of (lie land owners of Ihe
district. The hoard having no au
thority In houd Ihe district, or to or
der any const ruction work com
menced without being authorized to
do ho hy the vote of Ihe land owners
within Ihe district. The assessment of
Ml cents per acre was made in order
to pay the enngieoring cost of 'III
ccnls per acre and Ihe additional ill
its per acre is lo lake care of esti
mated deliiniticnclos in payment of
tax, and to pay I wo and one-half
years opera! inn expenses of llie dis
trict hoard.
The contract of Ihe district with
t he engineer employ ed is a public rec
ord as w i ll as all I In papers iiled
wilh the district, and subject lo hi
pped inn hy anyone interested at any
time. In view of certain inis-statc-iiienls
which have hern circulated,
llie hoard feels that in justice to it
relf and the I;. ml owners interosieil,
thai a helter understanding will pro
lan when Ihe provisions of Ihe en
gineer's colli rucl heenme more cen
trally known, and for lliis purpose
a copy of Ihe contract Is herewith
puhlished
('. ('. CI.AKK,
M. 1). CI. AUK,
i:i. W. lilKTMANN.
AtiltlKMEM'.
"WHEREAS. The John Day Irriga
tion district has been duly and legal
ly organized under the provisions ot
Chapter ;!,ri7, Laws of Oregon for
1917, and amendments supplemental
thereto, and
"WIIEKEAS, The legality of such
orgaiiiiilion has been examined into
by Teal, Minor .Si Winlree, of Port
land, Oregon, who have rendeieil a
written opinion to the District to llie
'fled thai all oi the arious steps
'() ill r (I b law to be pet t'o: mod ill
the ori-.a ni.a t ion of an i-i ii-.ii inn hi-,
trie!, haw be. n peri.e uieii w ,t'i - ex
pert to ihe said John Dav lh-irio:,
and in i heir opinion i he s.i ',,.- i-.
and b n.illy orgalii.-iI. and
"'!li'i;l-:AS. Tile published 1
of the John Dai project as pi.
ill 19 Ii. by John T. Whistler
John II. Lewis. repi esciii in;;
I'liilcd Stales and the Slate ie
ively, is based priniarih upon th
iui-.
tlu
the
-pel I-
e ser-
ve of a low line canal lo in i
ate ap
proximately 1 20,001' acres, and even
tor this area is much out ie date in
no far us esliiuaii'S of cost are con
cerned, and which report also men
tions hricttv the possituiity ot con
Mructing a high line canal with i - er -
tain tunnels lor the' irrigation oi ap
proximately double the aiea tor
which detailed plans were prepai cu
In said report, and it appearing to i
the board of directors that the tiish j
limit is more desirable than the lew '
land along Ihe liver: thai the dis-i
tncl boiindai u-s ha o been drawn, and j
the disiiiit Mtlid to include these!
high ,amts; tbi i. lo;e Hew plans with
Ihe view ol
bililv of con
anal under
as a basis te
deli niilnuig t lie team
1 1 uci ion el this big line
p; oeut conditions and
do is'itg seme plan tor
ti na n ci n and cons! i net
pinjei I with pi i .He or
now Tr.i-.i;i-:i-'Di;v
Ution of the leregoiuii
in
(lie larger
public funds.
In cousider
steps w !i ii h
bale hereuUoie been taken by the
John Day lnigalion District and the
liccessaiy stops to be ta'Kt tk In ihe
Inline, it the objects and piii usvs for
which the district w.is otganu.cil are
to tie carried out. and in i iew of the
daily flow of the John Day river in
COLUMBIA RIVER.
",NCE called to meet at Umatilla Wed-
ek lor the purpose 01 minuting a
opnient of hydro-electric power at
the Columbia river is one ol more
ce to this entire section of the lu
everv comnmniu
-iiould get
- peciali v, has good reason to become inter
ijeci that will promise electrical energy at
-,t, since ihe recent ruling of the public ser
;iier rate for electricity than
of it here, and any project that
juice for all purposes and at a
:e every Ilppnerite sit up and
water power
being taken t(
to waste,
bllSV, llllt
get
the
t bl
weall!
1 1 the
!b..p
M orrow
dav.
own aii',1 commniuh'
it U
m;.i ilia.
lack of available funds, and ihe ne
cessity uf having such surveys and
investigations made without delay as
a basis for enlisting federal aid, also
that the necessary fluids' may he lev
ied lor ihe purpose! of carrying on
Ihe work of llie dislriti, THERE
FOKK it is A G It K K D as follows:
THIS Ad II KK.M EXT, made and en
tered into this 2 ml day of June, 1929.
hy and helween ihe John Day Irriga
tion Disliicl. a political subdivision
or Municipality of the State of Ore
gon, acting through its Hoard of Di
rectors, some! hues referred to here
in as "District-," .and Lewis and
Clark, consulting engineers of I'orl-
alnd, Oregon, sonielimes referred to
herein as 'Engineers' or ihe 'Engi
neers,' "WITNESSETH, Thai for and in
consideration of Ihe premises and
agreements herein conlained to lie
kept anil performed hy Ihe respective
parties hereto and llie payments lo
lie made hi Ihe manner and at the
time herein provided, Ihe District
herd) y employs the Engineers above
mentioned to make the following de
scribed surveys, investigations and
reports,
which the
payments
herein.
"I. Tin
ed hereby
engineers
worl.- here
l-'ncniei-r.
md in consideration of
Disliicl agrees to make the
as and when provided for
' Engineers above mention
agree to act as consulting
I or I lie Disliicl and do t lie
ill outlined as I tie District 's
and aciept ill full iiavnient
I In refer I lie su
said Engineers
( i n.-mlt in;; and
i s herein mentioned, I
shall be known i.
Managing Engineer
for the District.
"2. The duties and work of
such
ergineers shall be as follows: I
"(a.) To keep personally in touch
Willi all phases of the work and tie j
subject lo call upon reasonable no
lice for cousultal ion with the Hoard
ei lnreetois o! tlie Disiriet on prou-i
leius affecting mil only engineering
matters, lint also Ihe gcni ral welfare j
of ihe District; also to act in a niana- I
gerial capacity in outlining and sug- ,
gestnig plans lor tlie consideration I
of t he Hoard. i
"(b.) To prepare a may showing j
the present owners' as near as this
can iMisoimbly be determined, for all
land within the boundaries of the ir-
ligation disliicl, and such areas ad- I
jaceiil therein as general engineering i
consideration indicate should he in- i
eluded within Ihe boundaries of said ,
District
"(c. ) To prepare a map and de-!
sciiptien ol the hoe. lit! a I ies of such
tracts fur use by the district attor
ney in pn paring the necessary peii
nous so that the same mav I
m-
sur-U.h-
the
for
gal-
eluded within its boundaries.
I 'd. ) '!'o prepare from actual
wis a map and pi utile ol such h
line canal as in ihe .lUilgni- n! of
I lie ll'eel s V. ill be mi st feasible
ci i ii s i r in lieu wiih a view of irri
in ; Ihe great si amount of laud W illi
I in or adjacent lo ihe boundaries of
I the disliicl, w hi h map and profile
pliall be ol sui t'ii icnt accuracy for the
making of preliminary estimates of
the cost of construction.
"(e.l To make such reconnais
sance surwys including maps and
pretties as may be necessary in de-
termining
whether or not
nljacetit
in
i
now without the boundaries o;
1 1
he district should bo included with-
r-
"(f.) To make such reconnaisance
! surveys including maps and profiles
ias may be necessary to determine
the practicability of Irrigatin;; a part
I of the hind within Ihe district by
pumping.
I "(g) To prepare the necessary
maps and assemble and furnish the
nereis, u y rcpeiis and intiiruiation
that is preset
secret ry el llie
its, en., uf if,.
ibid by ruling of (he
interior under t lie prn-
ic so called Smith leli
in const rucl nig ; lie pi e
or as a w hole w ii h t lie
it a a leu
jeCl 111 uuils
.lid ot pru aie capital if
noci s-su y or desirable,
! const i net inn cost call be
j upon any and all public
i his appears
so that the !
made a lieu
lands within
I'lMiini.ii ies ei uie uistriot. the
same as provided by law for private
. lands.
i
th.) to tmtkieuintely establish
i and liei eafter maintain gauging sta
Stiotis so us to accurately estimate the
the vicinity of the proposed diversion,
also at the proposed Dayville reser
voir site and on Willow creek and
continue such measurements until
September 1, 1921.
"(j) To .submit a topographical
map of the proposed reservoir site
and dam sites, also revised plans for
tin- construction cf a dam to hold the
necessary water for the land con
templated h' leiii to be irrigate?..
"(k.) To.-eparo a general plan of
typical construction features for the
various parts of the project, which
plans be sufficiently accurate to
serve as a basis for preliminary es
timate in determining the relative
feasibility of the project.
"(1.) To make a preliminary esti
mate of the cost of constructing the
high line canal under present con
ditions, also the various features or
units of the project.
"(m.) To prepare a report with
necessary illusi rations so as to clear
ly outline ail necessary plans and es
timate:; which may be necessary in
financing and oi -gr nizin.g the project,
tin nishiii'4 ine district with ere doz
en neatly bound volumes of tho Bitiue.
"2. The engineers shall immedi
ately upon execution and delivery of
this contract., begin to assemble the
necessary eiieir.eering organization
and proceed with the work above de
scribed at Iheearliest possible mo
ment, and particularly the establish
ment of Ihe necessary guagiug sta
tions, and all of which work shall be
linished on or before" September 1,
1921.
"4. That in full compensation for
Ihe doing of the above mentioned
work, wis bin the time specified, the
Kngnieers shall be paid in cash, or
its equivalent, a sum of money
amounting to forty (40) cents per
acre for each and every acre of land,
in private ownership, wi'hin the
boundaries of the District or which
is subject to assessment an. I taxa
tion on or before September 1, 3 921,
which sum of nicney is to lie paid
in monthly installments upon vouch
ors ;-u bin i I ted iiy Use Engineers in
proportion to the rmotiM, of work
performed thai month, hears to the
total amount of work lo- be per
formed hereunder,, and in case cash
payments cannot, be made as above
provided, then and in that event pay
ment shall be made in warrants of
the district, bearing six per cent, in
terest in the name of John, H. Lewis,
as follows: Twenty thousand dollars
in district warrants to be executed
and delivered in denominations sat
isfactory to the Engineers, cn or be
fore thirty days from date hereof,
and a like payment of twenty thou
sand dollars to be made on, or be
fore September 1. 1920, and one-half
the balance due to be paid on or be
fore April 1, 1921, the balance re
maining thereafter becoming due and
payable hereunder on or before Sep
tember 1, 1921, upon completion of
the work and delivery of the reports
herein provided for. In case,, how
ever, that the work is finished and
reports delivered prior to September
1, 1921, the District reserves the
right, to withhold a sufficient sum
of money to fully meet the cost of
'vcrv Piece of Goods in Wash Dress Goods
REDUCED
it
Evervthing in
Children
1 1
THOMSON BROS.
completing stream mAisureents pro-1
vided for herein to and including
such date, withheld aount shall be
paid to said engineers at the next
regular meeting of the District Di
rectors after such date. After such
date and until such time as the pro
ject is financed for construction un
less otherwise directed by said dis
trict ihe Engineers shall continue to
net as Consulting and Managing En
gineers for the district, and shall be
paid .". monthly retainer of one hun
dred and fifty dollars- per month and
expi uses for following and directing
ihe neineering work of the district
and for such time as either member
of the linn may devote personally
to held or office work, twenty-five
dollars per day and expenses, not to
exceed live hundred dollars per
month and expenses for one member
of the firm, and the District hereby
agrees to make payments as and
when provided for heiein.
"5. That in case the issuance of
warrants as heiein provided for
should for any reason be enjoined by
any court of competent jurisdiction,
or if an ywarrtints alter issuance
should for any reason be held inval
id or oi no avail, then this ttgirty.
iiient shall be construed as a binding
contract,, and en taxable, the district
to pay the several amounts herein as
smoon as the necessary funds can be
levied and collected as herein pro
vided, which payments when made
shall include interest at the rate of
six per cent per annum from the
date same becomes due until paid,
which due date shall be taken for the
purpose of computing interest, as the
dan on which vouchers are filed by
the Engineers with the District, or
if tlie warrants have been issued to
evidence the amounts due hereunder,
then interest shall run from date of
such warrants and as therein pro
vided. "(tj.) That the warrants herein
provided, shall prior to delivery, be
i'cL'isti r d by the District with the
Treasurer thereof, and that such
warnsis when issued shall not. bo
considered or accepted as payment of
ihe several amounts due, but shall
be held as collateral by Ihe Engi
ne! rs or their assigns and ibe used
as one of several methods iffound
necessary to enforce the payment of
the money herein provided for in
cash with interest thereon from date
due until date of final payment.
"7. Thai if funds are not available
by September 1, 1920, in the treas
ury of the District to pay the
amounts due hereunder, or to be
come due, then and in that event the
District through its Board of Direct
ors shall proceed immediately to
make out the necessary budget, esti
mate possime aenmiuencies unu levy
the necessary funds to cover the ob
ligations of this contract, and file the
same with the proper county officer
so that such elvy will appear on tax
statements in'the spring of 1921, and
the Engineers or their assigns are
hereby authorized if found neces
sary to to proceed in any proper
court to enforce the making of the
necessary levies and collection of the
necessary taxes to provide all neces
EVERYTHING
i
ft
& & m WTh m,
THOMSON BROS.
Everything in Domestics
" REDUCED
f j
Men's. Women's and
Shoes REDUCED.
T II TS REDUCED V ' ALL XIGHT GOODS REDUCED
' l I SHIRTS REDUCED ALL UNDERWEAR REDUCED
' ' "' " ALL ODD FAXTS REDUCED
PLEASING REDUCTION ON ALL GROCERIES
sary funds, as hereby provided to be
paid by the District. In case for any
reason the amount of monoey yield
ed by the tax tevy made in 19 20 as
above provided should not be suffi
cient to pay the several amounts due
hereunder with interest, then the
District shall proceed in like manner
in 1921 to levy all necessary funds,
including estimated delinquencies lo
fully meet the obligations of this
contract.
"S. As soon as tentative plans are
prepared by the Engineers and rec
ommendations made as to what if
any lands adjacent to t heboundar
ies of the District should be included
within by petition, the District agrees
to proceed immediately to circulate
the necessary petition and take all
necessary steps as provided by law
to include the same within the boun
daries of tihe District, so that the ca
nal lines when run as provided for
herein will be as near the final loca
tion as possible and so that a dupli
cation of such preliminary plans and
in'cidental expenses may be avoided
and this preliminary work seive as
a basis for the final location to be
made prior to the beginning of con
struction. "
"i.N' WITNESS WHE11EGF. th" it-
spective parties hereto have caused
these presents to be executd in dupli
cate as of the 2nd dav of June, 1920.
"JOHN DA V IRRIGATION DIST.
"By C. C. Clark, President.
"By F. R. Brown, Secretary.
"LEWIS & CLARK, Consulting and
Managing Engineers.
By JOHN H. LEWIS,."
Ilond to Accompany Contract I5e
tween John Day Irrigation District
ami Lewis Ai ( lack:
KNOW ALL MEN BY THESE
PRESENTS : That we, the under
signed John H. Lewis, as principal,
and 1. I!. Levis, as s.irety, are jointly
and severally held and bound un'o
the Johi. Day Irrigation District in
the sum of thirty thousand ( $ 1 0 . -M e.r,
dollars, lor ihe payment if which we
jointly ini: severally bind ourselves,
our heir exicuto's, ad ;.ir.;si:'aiors
and assi;:r.-, and successor and as
signs, firmly ' y these ! cuts:
'THE co:
ITON OF THIS BOND
S l: '.(
"That, i'.
!1"
nil
!!'.'
ti 2nd day of
Md John II.
June, A. IJ
Lewis as pr
entered m .
name of
0
Pa'
vein ni'ide and
. a eer t a n cot. 1 1 ar I , hi t he
Lewis Clark, copy of
"Hereto annexed, with the
which is
John Day Irrigation District, and
which contract is hereby made a part
hereof, by the terms-, conditions and
provisions of which the said Lewis &
Clark agree to make certain surveys,
investigations, and reports in consid
eration of which certain warrants are
to be drawn, registered and deliver
ed by the District to said principal
herein, at the several times men
tioned in said contract,, which is ap
proximately the estimated time when
said amounts should become due and
payable, and the prinipal herein
agrees that in case an amount so evi
denced or paid by warrants should
j at any time exceed the amount which
i would have otherwise been paid in
IN THE STORE AT
Everything in Cotton Dress "Goods
REDUCED.
I
n
y.
Evervthing in Men's and Bovs' Suits
REDUCED.
cash hereunder if cash were available
in the treasury of the Wt6trict, then
this bond shall be held for the pro
tection of said John Day Irrigation
District, and the said principal herein
agrees to expend any money which
he may derive from said warrants
which are in excess of the amount
due the engineers under said codt
tract, upon the work as outlined in
said contract.
"NOW THEREFORE, if the prin
cipal herein should faithfully expend
such sums or proceeds of such war
rants where in excess of the amount
due, on work as provided for in said
contract, and in accordance therewith
then this obligation is to be void,
otherwise to remain in full force and
effect.
"WITNESS our hands this 8th day
of June, 1920.
"(PEAL) JOHN H. LEWIS, Frincipal
"(SEAL) I. B. LEWIS, Surety.
"State of Oregon, County of Multno
mah, ss.
"Subscribed and sworn to before
me this 12th day of June, i92i'r.
" (SEAL) F. A. KNIGHT.
"Notary Public for Oregon.
"Mv commission, expires March, 18,
192-1,"
.nsTiFH'.vnox ox boxd.
State of Oregon, County of Multno
mah, sn.
"I. B. Lewis, the surety named in
and who executed the above under
taking, being duly sworn, deposes
and says that she is worth the sim
specified in the said undertaking' for
which she is bound over and above
all her just debts and liabilities, ex
clusive of property exempt from ex
ecution. I. B. LEWIS,,
"Surety.
"Subscribed and sworn to before
rue this 12th da.y of June, 1920.
"(SKAL) A. F. KNIGHT.
"Notary Puaile."
WANT ADS
FOilSALE Two-csfra good 'if-'U
gian stallions, one three years old,
the other two years old, both reg
istered and home bred. Also one
roan Shorthorn bull calf,, register
ed. Call on, phone or write W. I.
Ebbert, Condon, Oregon. 3 5
LLOVD HUTCHINSON cleans, dyes,
presses and repane men'1: and lu
dies' clothing. Satisfaction guar
anteed. 29-31
FOR SALE I have a 1 1-1-horse-power
Gray gasoline engine, over
hauled and in fine running order,
but cannot use it, must have a
bigger engine. $2 5 takes it. Can
be seen at Willard Service Station,
Heppner. Jos. W. Fritch.
FASHIONABLE DRESSMAKING
Remodeling and Ladies' Tailoring
Mrs. Curren, Church street. 27f
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