OonHUtorUal Society,
The Gazette-Times
PUBLISHED WEEKLY AND DEVOTED TO THE BEST INTERESTS OF MORROW COUNTY
Volume 39, Number 40. HEPPNER, OREGON, THURSDAY, JAN. 25, 1922. Subscription $2.00 Per Year
DECISION OF JUDGE
PHELPS IS UPHELD
In Opinion of Justice Brown of Su
preme Court, Handed Down Re
cently, Action of Director! In John
Day Irrigation Diitrict Approved
as Paaaed Upon by Lower Court.
The decision of the supreme court
of Oregon in the suit of the Northern
Pacific Railway Company and others
aganLtt the John Day Irrigation Dis
trict and others, coming before the
court on appeal of the plaintffis from
the decision of Gilblert W. Phelps,
circuit judge of Morrow county, has
been rendered, and this week we were
given a copy of the same for our in
formation. The case is reviewed at length in
the decision and each step In the pro
ceedings carefully noted, and as all
the actions of the officers of the ir
rigation district having been gone
into thoroughly at the trial and be
coming a part of the record going up
to the Supreme court, these have also
been entered largely into the written
opinion handed down and are too
voluminous for reprtition here. Con
cerning the contract between the Dis
trict and the engineers, however, we
wish to quote from the decision as
follolws: '
"It is asserted that there was a con
fidential relation existing between
the engineers and the board of di
rectors at the time of the execution
of the contract made June 2, 1920.
This claim is not borne out by the
testimony. This contract between
the district and the engineers was a
lawful contract. We have carefully
perused all the evidence adduced up
on the trial of the cause; likewise,
we have studied the findings of the
trial court and the conclusions of
law drawn therefrom. While this
case is tried anew here upon the
record, the trial judge, who saw the
witnesses upon the witness stand- and
noted their manner while testifying,
is in a better position to judge of
their credibility than is this court
from a study of the lifeless type
written pages of the testimony. The
board of directors of the John Day
Irrigation District possessed the dis
cretionary power to make the con
tract involved herein, and white en
tering into its agreement with Lewis
the board kept well within the limita
nor has the authority of the direct
ion of its power. No fraud is shown,
ors been manifestly abused. '
The record discloses that the con
tract was made when agricultural
products and farm lands were at peak
prices. However, soon after the let
ting of the contract the price of
grain, hay, wool and livestock de
clined greatly; likewise the value
of agricultural lands receded, and
what many had believed to be a feas
ible undertaking from an economical
viewpoint became a disappointment.
This possibly had its effect in per
suading some of the petitioners for
the formation of the district to be
come plaintiffs in this cause. It is
not a case of fraud ,but one where,
under the conditions as they now ex
ist, in looking backward Jt can be
said that the board of directors may
have erred in judgment. While the
record may disclose that the board
was not composed of the 'wisest men
of their time yet it fails to show
that they intentionally wronged the
district to its financial loss.
"There came a time after the exe
cution of the contract, when it was
known to Lewis, and when the board
of directors knew, or should have
known, that the project as organized
was not economically feasible, and
the court properly ordered the can
cellation of the warrants issued to
the engineers for service after that
time."
Whether or not there will be a fur
ther appeal on the part of the plain
ther apcal on the part of the plain
tiff s, we are not informed at this
time, but after going pretty carefully
over the decision of the Oregon Su
preme Court, it would appear that
there is little ground for tuking the
cane up to the Supreme Court of the
United States, and the only excuse for
doing so would be delay in the pay
ment of the 60 cents per acre assess
ment according to the decree of Judge
Phelpls, affirmed by the Oregon Su
preme Court. This is the way it ap
pears, at any rate, to a layman.
LEXINGTON CHURCH OF CHRIST.
The big revival starts next Sun
day with the Bible School at 10, and
is followed by the Evangelistic ser
vices at 11. Edward Wright of Port
land will have charge of the singing.
We trust you will find him a pleasing
and capable leader.
Endeavor services at 6:30. Evan
gelistic services at 7:30. These ser
vices will continue indefinitely every
night at 7:30. You are urged to be
present at every service and get the
good of it all. A great message will
be given every night in song and
sermon. E. A. PALMER.
-J-Je-eJe Je.
Imtring ?
?
?
T
t
t
Y
here t
In the way' of recreation.
So we will have another
dance- t
They have a fascination.
f
Something that will break
the monotony of reKiilnr J
j work is necessnry, j
Dancing to good mutic
will please yon.
!! Saturday, Jan'y 27th !jj
X FAIR PAVILION
& iieppner i
& 9 to 12 $1.10 &
t m.,ii,, n...io t
1 Invited Jt
Thinks Jones Hill Road
Will Receive Surfacing
Commissioner Barratt, who return
ed Sunday from attending a meeting
of the state highway commission, in
forms The Gazette-Times that he is
no whopeful that the grade of the
Heppner-Jones Hill section of the
O.-W. Highway will receive the prop
er macadam surfacing before it is too
late. He has been a perisistent ad
vocate of the propriety of putting
the covering on this unit, and thus
save the grading from going to wreck
and th eactual loss of about $85,000 in
cash that It has cost the county and
the state to build the grade.
This work fs now on the program,
and bids will be advertised at the
February meeting, and at the March
meeting they will be opened, and Mr.
Barratt feels that the prospects for
a contract to be allowed at that time
are very bright, indeed.
This matter has been one of much
concern to the Morrow county court,
and Mr. Barratt has been in consul
tation wiht them frequently over it.
It Is the policy of the commission io
complete, just as far as possible, all
unfinished work, but having figured
that Morrow county had received her
just proportion of road funds, the
completion of the Oregon-Washington
highway in this county has been
held up. There is now prospect, how
ever, of assistance from the federal
government, and when the Jones hill
unit receives surfacing, this will
Heave but 14 miles to be graded and
surfuced to the Umatilla county line
and then the gap will be closed. Mr.
Barratt states that this will mean a
lot to the state at large, as it will
be the means of diverting about 60
per cent of the travel from the Co
lumbia Highway and reduce the main
tenance cost on that line through
Umatilla and Morrow counties. The
Oregon - Washington Highway was
just recently placed on the federal
map, and because of this, Mr. Barratt
is quite sure there will be federal aid
to complete the work. All of which
sounds mighty good to us.
Legion W ill Have Smoker.
The American Legion post of Hepp
ner announces that they will hold a
smoker, to be given at the Fair pa
vilion on Saturday evening, February
3rd. Watch the paper for further an
nouncements. At. the Willing Workers Cooked
Food Sale at Humphreys on Saturday
you will find Chickens, Cakes, Pies,
Cookies, Doughnuts, Chess Pies, and
Cottage Cheese. Try some of these
good things.
The Womens Relief Corps will hold
a window sale at the Ca!e Furniture
Co. store on Saturday, February 3rd.
The cooperation of all the members
of the corps and friends requested.
DIED SCHOOL NOTES
The Juniors elected their officers
for the second semester Monday. The
results were: President, Hazel An
derson; Vice-President, Francis Do
herty; Secretary, Dorothy Pattison;
Treasurer, Carl Cason; Sergeant-at-nrms,
Elmer Bucknum.
"All-of-a-Sudden Peggy," a very
popular piny, will be presented by
the Heppner high school some time
in February.
The students who were exempt
from alt examinations, having made
an average of A in all their subjects,
were Frances Parker, Elizabeth Hus
ton, Sigvard Franzen, Margaret Bar
rett, Harold Beckett, and Bernice
Woodson,
Another plane geometry class has
been added to the schedule for those
who were taking advanced algebra
the first semester. The Social Prob
lems class has ch tinged to economics
for the last semester; there are a
large number of the students taking
it. A milllincry class has been
startd for the last semester, also.
A Student Body meeting was held
Monday at which the boys who won
letters in football this year were
presented with the symbols of the
Heppner high school s regnrd. Those
receiving the letters were Alvin Boyd,
Phillip Mahoney, Frnncis Doherty,
Carl Cason, Elmer Bucknum, Reid
Buftcirk, Austin Smith, Paul Aiken,
Ralph Moore, Bill Gilliam, Leonard
Schwnrz. and Keith Logan. Some of
the other men, altho they did not
win their letter, are certainly worthy
of recommendation for their hard
work and loyalty.
The basketball game played between
Fossil and Heppner last Saturday
was certainly worth seeing. The Fos
sil football team heat Heppner by a
large score last fall and the Heppner
boys were determined that should not
happen again if they could help it.
The game was one of the closest and
best seen on the home floor for many
moons. The Heppner team did not
pet to use many signals, as the Fos
sil center towered three inches above
the local center.
At the end of the first half the
score was 12-6" in Fossil's favor but
this didn't discourage the home boys,
instead it seemed to put now life and
light in them, for they went back in
the second half and tied Fossil 112-12
in a few minutes. Then they begun
to show their real light and spirit
and at the end of the Inst half the
score was 14-14. Five minutes were
added to the gamo to play ofF the tie.
Chances looked pretty slim for the
Heppner boys, but they would not
give up. Boyd, with his guard al
most on top of him, made a clever
shot which won the game. Another
basket wns made soon afterward by
our "shooting forward" and the game
ended with a Bcoro of 18-14 in llepp
ner's favor,
"Fossil certainly hns a good bunch
of sports," was the remark of all
those who snw them play.
Many of the Heppner fans came
out and helped yell for Heppner at
this game. The team certainly np
preclnkd it, and they hope to show
them some better games in the fu
ture. The first one will bo nt Lex
ington Friday, Jnnunry 20. Lexing
ton scored more on Line thnn Hepp
ner diil, but still Heppner intends to
wlnl
Too Much Competition
I WiimW v V TAXATION
V I ."..a. zZJ-i.i.
Barn Dance Nets Good
Sum for Rodeo Deficit
What is reported to have been one
of the best and most enjoyable affairs
of the season, was the big dance given
at the home of L V. Gentry just east
the city on Friday evening. The dance
was under the management of the
Rodeo committee, Messrs. Gentry,
McNamer and Latourell, and was giv
en in the big Genrty barn that had
been put in shape for the occasion,
and was attended by a very large
crowd from Heppner and the Bur
rounding country. Mr. Gentry had
gone to a great deal of trouble to
get the premises in shape for the
event, and be it said to his credit, he
left nothing undone to make the oc
casion one of much pleasure to all
those who attended. As a prelimin
ary to the main event, there was a
smaller crowd present on Thursday
evenh.g when the orchestra furnish
ed good music and the new floor was
tried out. On Friday night the place
was crowded to the limit, good music
was furnished and good order main
tained throughout, everyone enjoy
ing every minute of the time spent
there and the festivities lasted until
six o'clock a. m. Others, thinking
they had not enjoyed themselves to
full capacity, came back on Satur
day evening and danced until mid
night, Mr. Gentry giving out the
news that they would be welcome to
the use of the barn for this last
round of pleasure. He and his asso
ciates on the committee are well
pleased with the results.
McNamer was in charge of the kit
chen police and officiated at the lunch
counter, Mr. Gentry saw that all went
well on the dance floor and that none
imposed upon the hospitality offered,
but were welcome to get just every
bit of enjoyment out of the occasion
that it was possible, eliminating all
hilarity and rough stuff, and just
what office Latourell performed, we
have not learned. The outcome was
pleading to all concerned and the
committee have realized about suf
ficient funds to wipe out the Rodeo
deficit, the net cash results being
$235.76, gathered from an attendance
of between 200 and 300.
Next season's Rodeo will start off
with a clean slate and an accumula
tion of necessary equipment at the
grounds that will eliminate the ne
cessity for that expense that had to
be met out of th proceeds for the first
event,
J. W. Morrow of Portland .acknow
ledging the receipt of an invitation
from Mr, Gentry to attend the dance
sent his regrets that he could not be
present, knowing that it would be a
howling success; so the next best
thing he could do wuold be to con
tribute in a small way to the deficit,
and inclosed his check for $10, which
Mr. Gentry was asked to accept with
his best wishes. Not going out to
raise the money in this manner, how
ever, the committee returned tne
check to Mr. Morrow with their
thanks for his kindly interest.
Arlington and Heppner
To liattle Here Saturday
The Arlington All-Stars, said to be
one of the best basketball teams in
this part of the state, are to try out
their skill In a game on the Heppner
floor nt the Fair pavilion on Satur
day evening with the Heppner H
Club
It promises to be one of the hot
test games of the season, Arlington
having so far this season bested ev
ery team she has gone up against,
including the Echo Purple Sox who
defeated the Walla Walla Y. M. C.
A. quintet. Basketball fans of the
city will miHS a big treat if they fail
to lake In this game Saturday eve
ning. Martin Lovgren, who has been
spending a short time this week at
his farm on Hall Ridge, states that
there is about 5 inches of snow out
there and weather conditions are
somewhat colder than about Heppner.
Guy Shaw is now farming the Lov
gren place.
A meeting of the Willing Workers
is called for Tuesday, Jan. 30, nt 2:30
p. m., nt the home of the president,
Mrs, Livingstone, to plan for the
serving of the luncheon to the Mor
row County Farmer's convention to
be held here on February 3.
-S
15
Hardman, Ore., January 20.
Editor The Gazette-Times:
Now that the Heppner-Spray road
has been put on the road map as a
forest road it behooves the people of
Heppner and Morrow county to get
busy and get this road going.
The state of Oregon will get this
year about $1,000,000 for post and
forest roads and we people who are
interested in the Heppner-Spray road
should get busy and take steps to
have some money spent on this road.
Now, if you will take your road map
you will readily see the immense
millage of roads this cutoff would
connect up.
This road should be built by all
means and at once and not force traf
fic going to and from the intrior to
go 60 miles out of the way in order
to get to the railroad.
The route of this road passes
through one of the finest bodies of
timber in eastern Oregon and woiim
give a needed outlet to wood ani
lumber. There are now two sawmills
standing idle on the route of this
road because of bad road conditions.
Last summer a government locator
and myself spent four days walking
over the proposed road and we found
that the road can be built on a 2 per
cent grade except one short piece of
about one-half mile and that would
be less than 6 per cent. This govern
ment road locator told me that in ten
years' experience locating roads In
mountainous countries this road
promises easier construction than any
route he has ever investigated, there
being only one-fourth mile that
would be called heavy construction
and that would not he excessive.
Now let us all get together and pull
together and gt this project stated as
it will take unified action on the part
of the people interested to get early
action. Let us keep it before the gov
ernment officials so they will see the
necessity of this road being built.
GEORGE BLEAKMAN.
Warrens Music Store
Has New Management
The Warren Music Store is now un
der new management, those associat
ed in the enterprise being A. B. Rob
ertson of Condon, E. J. Scellars of
Salem and J. H. Mulligan, formerly
of Heppner.
Mr. Mulligan will be in active
charge and will be manager of the
firm. Extensive improvements are
bing planned and it is the aim of the
new owners to make the store one of
the best.
Besides phonographs and other mu
sical instruments, the firm will han
dle the Sherman Clay line of pianos
tn Pendleton. East Oregonian.
FIRST CHRISTIAN CHURCH.
Lord's Day, Jan. 2S.
READ THIS: The Bible contains
the mind of God: the state of man;
the way to salvation. Its doctrines
are holy; its precepts are binding;
its records true. Read it to be wise;
believe it to be safe; and practice it
to be holy. It contains light to di
rect you; food to support you; and
comfort to cheer you. It is the trav
eler's map, the pilgrim's staff, the
pilot's compass, the soldier's sword,
the Christian's character. Christ is
its grand object, our good its design,
and the redemption of man its eull.
It Bhould fill the memory, rule the
heart and guide the feet.
All the services at the usual hours.
In the Bible School a chorus, and a
surprise every Lord's Day. The Jun
ior Endeavor has a new Superinten
dent, line prospect; our Senior En
deavor has new life; "day by day in
every way it is growing better and
better." The other services as us
ual. Come and worship with us at
His feet. LIVINGSTONE.
Jay W. Shipley is here this week
from his home in Portland, called to
the city by the illness of his mother.
It has been sixteen years since Mr.
Shipley was In Heppner IhsI, and he
hnrdly knew the old home town. He
has his permanent home at Under
wood, Wash., but is residing In Port
land for the winter.
5
Council of Religion
Has University Course
University of Oregon, Eugene, Jan.
24, 1923. The recently organized
Council of Religion of the Univer
sity of Oregon is offering three
courses in religion this winter to
students wishing to continue their
study of Biblical literature and the
philosophy of religion. The courses
are designed to give the student a
comprehensive understanding of re
ligion and are of university stand
ard, according to members of the
Councill.
W. H. L. Marshall, pastor of the
Congregational church of Eugene is
offering a course in the outlines of
phiiolsophy of religion. Students in
this class are meeting twice a week,
Tuesday and Thursday afternoons.
Ttah enersd mlnv of this course is to
aid the student in organizing and
systemizing his own religion in the
light of the religious experience and
knowledge of mankind and the gen
erally accepted and established truths
of science.
Masterpieces of Biblical literature
is the course off red by Rev. Bruce J.
Giffen, Presbyterian University Pas
tor. The Bible is the main textbook
of this course. Students learn how
the Bible grew, tracing the develop.
n:ent of religious ideas through the
Bible. The term's work will begin
early in February with the study of
selected portions from the narrative
prose of the Old Testament.
While no University credit is given
in the courses the University has
welcomed the offering of the work
by th Council of Religion. The Coun
cil is composed of faculty and stud
ent representatives of the Y. M. C. A.
and the Y. W. C. A., with represen
tatives of the following cooperating
churches. Baptist, Christian, Congre
gational, Methodist, Episcopal and
Presbyterian.
Arthur R. Sweetser professor of
botany is chairman of the Council,
L. P. Putnam, campus Y. M. C. A.
secretary, is vice-chairman, and Miss
Dorothy Colliler, secretary,
campus Y. W. C. A. is secretary.
1:30 P. M. Truth-in-Fabric Legis
MLL A J . J U lation, J. B. Wilson, Chicago.
MCIKUUUIJJ Ul TTUUULICULI
v ii r t 4
Install Uthcers tor IVZ;i0,
At the regular meeting of Maple
Circle No. 259, Neighbors of Wood
craft, held at I. O. O. F. hall on last ;
Monday evening, the newly chosen j
officers for the year were duly In-1
stalled by Mrs, Elsie Stevenson, in
stalling officer. Preceding the in
stallaoitn ceremonies there was in
itiation of new members, and at the
close light refreshments wer eserved,
and all present joined in having a
good social time for an hour or more.
The officers installeld were: Lulu
G. Herren, Guardian Neighbor; Kate
Swindig, Past .Guardian Neighbor;
Luella McCarty, Adviser; Hannah
Briggs, Magician; Rose Richardson.
Clerk; Cora Crawford, Banker; Lillie
Fell, Inner Sentinel; Lavira Crowell,
Outer Sentinel; Ruth Hottman, Cap
tain of Guards; Ada Cason, Dora
Starkel and Elsie Cowins, Managers.
Railroads to Grant Special Rate.
University of Oregon, Eugene, Jan.
24. Contingent upon the registra
tion of 150 delegates, Southern Pa
cific Company and the Union Pacific
Railway Company will grant a rate
of a fare and a half to those who at
tend the annual meeting of the High
School Press Association and the As
sociation of High School Presidents
and Secretaries to be held at the
Univrsity of Oregon, Feb. 2 and 3.
It is expeted that the attendance will
exceed 150 delegates.
High school delegates may register
for the convention Feb. 1. Addition
al registration is scheduled in John
son Hall on the campus on Feb. 2
from 8 to 9 a, m. The program will
begin at 9:15 a. m.
F. A. Helms and wife of Echo were
In Heppner on Saturday for a short
time. Mr. Helms states that his part
of Umatilla county has been enjoying
pleasant winter weather and he found
the motoring up to Heppner very
good.
FOR SALE Two brood sows, wt.
nearly 400 lbs., with 5 pigs each; $40
apiece. Inquire of Louis Balsiger,
lone, Ore.
S
Five Association Officers Billed to
Speak, and Others of National Re
pute Coming to Pendleton Conven
tion, Starting Next Saturday.
Pendleton East Oregonian. '
More speakers of national repute
in the wool growing industry are to
be on the program of the 26th annual
convention of the Oregon Wool Grow- 1
ers to be held in Pendleton Saturday 1
and Monday, January 27-29 than ever
have appeared before, according to
Mac Hoke, secretary, who has finish- I
ed the tentative draft tff the program.
Officers of five state wool growers
organizations besides Oregon's own
officers, and two speeches by officers
of the national body will be heard by
those who attend the gathering here.
Included in this list of men promin
ent in the sheep industry are the fol
lowing:
Hugh Sproat, president of the Idaho
organization; President Spencer of
the California association; Dr. Wil
son, president of the Wyoming sheep I
men; Vernon Metcalf, secretary of
the Nevada organization; and T. J.I
Drumheller of the Washington asso- I
ciation. I
Speakers who are national associa-
tion officers include Frank J. Hagen
barth, president, and F. B. Marshall, '
secretary of the national body. A '
wide range of subjects will be dis- j
cussed by the remaining speakers on I
the program. 1
The speakers and their subjects
are as follows:
Saturday, January 27, 1923.
9:00 A. M. Address of Welcome,
Judge i. A, Fee, mayor.
9:30 Report of Secretary for 1923.
Mac Hoke, Pendleton.
President's Annual Address, Jay H.
Dobbin, Joseph.
Appointment of committees.
11:00 Address: "How Oregon Can
Help the National Woolgrowers As
sociation," F. R. Marshall, secretary
National Assn.
Address: "1923." President Frank
J. Hagenbarth.
Adjournment.
1:30 P. M. Report of Organization
Committee, with the neighboring
state associations.
Address, Hugh Sproat, president
Idaho W. G. Association.
Address, Spencer, president Califor
nia association.
Adress, Dr. W ilson, preisdent Wyo
ming. Address, Vernon Metcalf, secretary
Nevada.
Address, T. J. Drumheller, Walla
Walla.
4:00 "The Scab Situation in the
Northwest," Dr. J. C. Exuine, Olym-
pia.
"Oregon Scab Situation and Re
port of Livestock Sanitary Board,"
Dr. J. H. Lytle, Salem.
Address, Chief Forester Greeley.
4 : 30 "Factors Entering Into the
Appraisal of Range on Forests," E.
N. Kavanaugh, Asst. District Forest
er, Portland.
6:30 Banquet and smoker at Elk's
Club.
Sunday.
Forestry advisory board will meet
at 9 a. m. to consider applications for
permits for 1923,
Committees will meet and prepare
reports.
Special moving picture attraction
showing scenes made at Cunningham
Sheep Company ranch, Pilot Rock, at
Rivoli Theatre.
Monday.
9:00 A. M. Conference on Preda
tory Animal Control, led by Frank
Sloan.
Chairman legislative committee
and committee report.
10:00 Cooperative Marketing of
Wool, R. A. Ward, Portland.
10:30 Conference of shearing and
shearing wages led by shearing com
mittee.
11:30 The Oregon Development
Plan, E. E. Faville, Portland.
2:00 A plan to improve the qual-
jity of Oregon wool, H. A. Lindgren,
2:30 Report of resolutions com
mittee.
Report of grazing committee.
Discussion.
4:00 Election of officers.
Adjournment.
FARM POINTERS,
Making plans for the garden at this
time is wise, since the gardener has
more available time to consider care
fully what crops he is going to grow
this year, and how much of each. For
commercial gardens the crops and
acreage of each should be carefully
thought out before actual decision is
made. Too great an acreage of veg
etables is often heedlessly planned
without forthough as to where the
crop will be sold. O.A.C, Experiment
Station.
Good farming is one of the best
methods of combatting insect pests,
Rotation of crops, fall and winter
plowing, destruction of crop remnants
and cleaning up of trash on the field
cleaning up or burning over fence
rows and ditches, good seed In well
prepared bed, right use of fertilizers,
and frequent summer surface cultiva
tion, all help to keep the crop up and
the insect down. Progressive farmers
generally suffer less from insect
damage than their less progressive
neighbors. O.A.C, Experiment Sta
tion.
Sixteen cars of certified seed wheat
were shipped out of Umatilla county
for use in the inland empire. Tur
key red, hybrid 128, and Jenkln club
were the varieties in demand. Addi
tionai orders for certified wheat are
being received by the growers. O,
A. C. Experiment Station.
Smut treatment by copper carbon
ate dust demands a high grade of ma
terial to be effective, and an adequate
method of application that will cover
every kernel. Dusting the material
on by shoveling over is not sufficient.
The O. A. C. Experiment Station rec
ommends that the seed be treated in
some tight box or hopper that can be
rotated like a churn.
HOUSE FOR RENT 5 rooms and
bath. Inquire this otnec.
Heppner Hill Road To
Have 5 Percent Grade
Judge Campbell has had to give fn
at last. He has contended for a long
while that there would be no possi
bility of getting up Heppner hill on
a five per cent grade, and therefore
it would not be good policy to
change the road from where It is
now located; just make some needed
repairs in the present grade and let
it go at that. Preliminary lines had
been run a time or two, and it began
to look like the conclusions of Judge
Campbell were correct
County Surveyor Jos. Kirschner.
however, got a fixed idea in his head
that the problem could be worked
out, and he kept at it and the past
week finished up a survey that reaches
the top of the hill on the required
5 per cent grade The old grade will
bqi left at the concrete bridge and
then follows the right hand side of
the canyon through the Dutton and
Gemmell ranches. This will require
the construction of a bridge or two
and some cattle chutes, but the con
struction will not be greatly in ex
cess of what the costs of repairing,
etc., will come to on the old grade.
The details of the new grade will be
all worked out, and the necessary
steps taken to build it, and in the
meantime the old grade will serve
the public.
By the construction of the grade
on the basis as required by the state
hihgway department, whose engin
eers by the way have held that it
could not be attanied, the county
will be saved future trouble and an
noyance, and it will assist greatly
in working out the program of the
Heppner-Hardman market road, and
leaves no question to be raised in the
future by the state or government
road departments. Judge Campbell
is quite pleased that what he said
could not be done, has been done, and
there is little doubt now but that the
court will adopt the new survey and
put the road over there. Other
changes, also, are being worked out
along the line of the Heppner-Hard
man market road across Heppner
flat, but these are now in process of
adjustment and the exact location of
the road cannot yet be put down as
a certainty.
School of Journalism Receives Gift.
University of Oregon, Eugene, Jan.
24.
The University of Oregon School
Journalism has received a gift of
the annual reports of the Associated
Prass for the last decade and a half.
The donor is Frank Jenkins, editor of
tha Euguie Register The volumes
will be used frequently for research
and reference work in the School of
Journalism. The gift will be a val
uable addition to the School of Jour
nalism library which has one of the
most compleite collections of books
journalism among schoolls of
journalism. '
s
Mrs, Wm. Instone of Lena, under
went the caesarian operation at the
Heppner Surgical hospital early last
Thursday. Mrs, Instone was suffer
ing from uremic poisoning, and the
operation was performed as a final
hope in saving her life and that of i
the baby. For a number of days was
in a very critical condition, but her j
physician now pronounces her well
on the way to complete recovery. The i
baby is also doing well.
I
E. J. Merrill came down from his j
ranch near Hardman yesterday and
states that the weather conditoins
are about the same out that way as
at Heppner. A slight fall of snow
that is melting and gives no promise
of laying on. Conditions for stock ,
have been ideal in the south end of j
the county so far this winter. j
The Willing Workers of the Chris
tian church served a delightful tea
at the residence of Mr. and Mrs.
Livingstone on Tuesday evening from
to S. It was quite liberally pat
ronized and a snug sum realized to
be applied on the pledge of the ladies
to the church building fund.
D. O. Justus underwent an opera
tion this week for the removal of a
large tumor from the back of his
neck which he had been suffering
from for several years. He is getting
along well at present and glad to be
rid of his trouble.
E. M. Hulden, accompanied by his
family, was here for a few days the
first of the week from their home at
Blalock. He came to look after mat
ters on the Blackhorse farm, and was
much pleased to find the good weath
er prevailing and the grain in such
tine condition.
Sheriff McDuffee spent a day or so
in Pendleton this week, being called
over there as a witness in the Tay-lor-Kuck
libel suit, wherein the edi
tor of the Fendleton Tribune, Harry
L. Kuck, is being sued by W. B, Tay
lor for alleged libel in the sum of
$10,000.
Miss Luola Benge, daughter of Mr.
and Mrs. Ralph Benge, has been un
able to attend school this week, be
ing confined at home with a very
severe attack of swellilng of the
glands In her neck.
Arch Barnard has purchased prop
erty on a good comer in Lexington
and will erect thereon a service sta
tion. expecting to begin work immel
diutely. His family will move to
Lexington when school closes here,
FOR SALE -U. S. Motor truck, 1H
ton, pneumatic tire., in good condi
tion: reasonable terms. Write Box
391, lone, Oregon.
LOST From barn at L, V. Gentry
ranch, Saturday night, dark green
overcoat. Please return to this of
fice. $5. rewurd.
FOR SALE Thoroughbred Duroc
Jersey boar. Sensation stock. Price
10.00. F. A. Helms, Echo, Ore.
FOR RENT Wheat ranch, fully
equipped. Write or see W. H.
COULD, Lexington, Ore.
D. C. Gurdane returned Friday
from a stay of a couple of weeks in
Portland.
No Change to Be Made In Highway
Body Until March, Executive De
cides After Conference With the
Commissioners.
That there will be no change in the
personnel of the state highway com
mission, at least until March, is the
decision reached by Governor Pierce
after a conference the past week
with Messrs. Booth, Yeon and Bar
ratt. Having been called into the
presence of His Excellency, and re
ceived an outline of the program
which the commission had been
months in mapping out. Governor
Pierce was fully convinced that it
was not the wise thing to make a
change just now, either in commis
sioners or the program they have de
cided on carrying out.
Mr. Barratt who returned home
early in the week from attending a
meeting of the commission, and also
from this conference with the gov
ernor, states that the commission was
given a free hand to go ahead with
their program. It is his opinion,
shared in by the other commissioners,
that had the governor decided on
making a change in the commission
and its plans at this time, it would
have proven very expensive to the
state and resulted in a heavy finan
cial loss. Governor Pierce is deter
mined on putting through his pro
gram lor a paid commission, now
ever .and should this be adopted by
the legislature m the form of a law,
it will doubtless change the entire
method of carrying on the state's road
program in the future, and the gov
ernor will then be in position to name.
the men whom be desires to fill tne
places of the present commission.
In the meantime there is to be no
stop in the work as outlined, and the
program of road construction in the
state will proceed.
MABEL NORMAND IN
NEW ROLE AS IMP
Star Theatre, Wednesday and Thurs
day, January 31-February 1.
Comedy is so abundant in "Molly
O" that the fact should not be lost
sight of that primarily the produc
tion is one of a very dramatic and
thrilling story. It is the story of a
gritty girl's fight for a place in the
world, and a happiness that she
could never attain if she permitted
environment to overcome her.
Mack Sennett's name has become al
most synonomous with hilarious com
edy, so that the dramatic quality of
the production comes as a revelation
to those who do not recall that he was
the producer of Mickey,M the picture
which several years ago, with Mabel
Normand as the star, established a
precedent for success which has nev
er since been equalled
Molly O, the heroine, is too jolly
a character to be able to keep genu
ine fun out of her life in spite of her
extremely pathetic position Never
theless he story of her courtship
and marriage, the failure of the
union and then the reconciliation, is
as dramatic and thrilling a story as
has ever been placed on the screen.
Mrs. John Smith of this city, who
was recently operated on at the Hepp
ner Surgical hospital for the removal
of a tumor, is reported by her phy
sician to be getting along well.
Former Heppner Teach
er Victim of Accident
Miss Emma Boyd, formerly a teach
er of music in the Heppner schools,
and remembered by a great many of
our people, was the victim of a fa
tal accident early last spring, and it
was just this week that Mrs. Frank
Turner, of this city, received an ac
count of the tragedy. This came to
her in a letter received from Mrs.
John T. Kellum, of Tallalhassee,
Florida, in whose home Miss Boyd re
sided for four years prior to her
death, and from The Florida Times
Union of Jacksonville, Florida, date
of March 17, 1122, we have the fol
lowing: Miss Emma E, Boyd, soprano, lead
ing voice teacher of the faculty of
the Florida State College for Women,
was killed this afternoon by being
buried in a trench in an Indian mound
on the Whitfield place, about sevmn
miles north of Tallahassee.
It appears that MUs Boyd and two
other ladies of the city, who had for
some time been interested In the
mound, and who were having exca
vations made, were down In the
trench, which run across the side of
:he mound, when the soft earth above
suddenly fell in, covering Miss Boyd
under about 6 feet of earth. One of
the other ladies was alightly injured,
whtl ethe third escaped unhurt.
Mi'dical aid was summoned from
town, and the negroes who had been
doing the excavating at once bgn
work to remove the earth. When the
doctors arrived the body had been re
covered, hut the doctors pronounced
her dead and agreed that death re
sulted from suffocation.
Mins Boyd was burled at hr home
In Story City, Iowa. She had bn
in the Florida schuul for four yur.