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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Jan. 23, 1913)
K "fffvm mV)VOKT) MATL TRTnTTNTi. MPJTTFOUD. OHFJON, TirtJi.RPAV, JANUARY 23, 101H. . ...i i r. . ggg-ww .'H'l STERLING iVIINE TO BE REOPENED BY Y NEW ORK MEN itniiMiiiiim olio r tin hImiiwm twirnriiH lii tlmir line, H. H. HiiIIIn ( mill huh, II. H, I lull Im, or New Vol It City urn In Mi'ilfunl on tlmlr minimi visit within tlm past nix imoiiIIih. Tim . IniniiMliilo IiiiiIiiiimh Hint brought llm iiuiiHor Mr. IIiiIIIk lici'n thin (lino In In coiiiinrtlnu wlili (Ho Sterling pluror nihil', which lui liilmiilri to develop to lis uliuost impurity hy iiumiiih or u hllth linn wulor illicit. If llm wimp Hugs prove sttllHfurtnry Hid iiiIiid will Im pill In tliiiioiiKlt upornHnii by MllM'll, Mr. HiiIIIn linn extensive InturmitH In stteot Hint lutorurhiiii mil way ioh Iiiiiim In ullior lurulltli unit U llm until who liilnmli'il lo unit for it Iron I'lilm In Mi'itfuiil until tliu .Mliuiity ponpln applied. Tim Mlmmy frnnohlim, It U bo llininl. does nut Inloiforo In nny w'ny ullli nillntnil pluus t ho MiiIIU Inter imU limy Iiuvm for tlm valley mill It pnwilhto tlmt they will nsk for In turiii'lMin eniuiortloiis with tlm city In Kindlier direction. Ah tint rilerllui: placer mining company owns runsld urnliln properly In Hid Applogutu rou ul ry It Iiiih boon hinted Hint tlm BANUM QUITS TROLLEY PLANS FOR Til BEING W II 1 Iii i it ti 111 toilny iniiilo it for nuil iiniioiiiiiDiiiiiiil Hint tlm iippllrii Hon or his eniiip.iuy lor n Irollny llnti friiiiililHo In Miuiroiil hml boon with, drawn nt priwout although tlmy 'may again apply In tlm futuio. "U'i lutein) to yen Hint Mmlfonl got a Iriillny Him," Htnttiit Mr. Ilnr mi lit, "If tlm Mm ollnir roiitpmiy mIioiiIiI mil lo proceed vvu will link fur it rrnnutilKii inul pruueed. "In Jtmtldt to Mr. Hoggs, city nt toumy, I wish to iitnlo Hint In no linger represents iih In tlm mutter nml his iireoptiiuoo or tho now position In oiilliely proper." llnllU piojoii would bo n Ihm In Hint illiiM'tlon with possible cuiiucittlou VS 1 1 1 1 tllK lltllll I.OllgQ. Mr lliilllri. however, In not imuly lo mako nny slutemoiil or his pliinn. Ili In it believer In the future or tlm HHim river vnlloy, linn nindu two visits bore, nml bus already Invested. At present Im In siting up n number or propositions with n view or imisj slide further Investments, Star of Bethlehem at Star M 'ifiAwl if II iMHiiMnMBHIblll VJKJ mm f dU'li Rr-t . !? BLL mm o RECALLO F SENATORS Wonili'ifiil lllbli' utorv told by film uhown nt Hlnr I'rlilny ami flattirJay. HAI.C.M, Oro, .Inn, H. I'rorldliiK for tlm recall of I'hllml Htnttn sciin torK nml rcpri'Hi'ntatlvon In congrcmi, u bill liitrodiiii'd In tlm homm by Hcp ri'Hi'iitatlvo l.nwrriico, Is today nmlur coiifilikrntlon. Tho bill ri'iitilrcM Hint nny ponton who nlinll lio u (nmllilntv ror United Hliifn Hcnntor, or ror conRrcM, ulinll nt tho Hum or fllliiK bin dcclnrntlon, nlKn one or two Mtntcmuntn. Tho rirnt HtntiTiient require Unit ho will rcnlKti bin office within 21 lionrn at tT ho ulinll recolvo tlin official rn tiirnn or tlm rlcctlon recalling lilm. ir ho dIriih Hie other ntntmnotit ho plainly nyn that Im will not rculKii In rami n majority or tho rolorn almll volu ror Ills rwall. I'or tho rrcall or a ncnator a peti tion with 20,000 Menem mmit bo (lied with tho Kccretary or ntatu. In tho cano or n conRrcnsnian, 7000 Dinner nro tieceiwnr)'. F, A FOLLOW TACOMA T to ci;iu: a rout in onk hay. Tnko LAXATIVK IUIOMO Quinine Tabid. DriiKKliln rrfnml money It It ralln to euro. K. W. OHOVE'S Ir nature In on each box. 25 coots. Tho Han Krnnclnco, Krnpblcnl union ban a exceeding 1000. Cal., Typo-jnombcrahlp TACOMA, Wnnh., Jan. 2!i.Otio man In dead, ouo In dying, and ouv oral other nro under nncnt nn tho result or n street right between two gnngn or foreigners In tho soiithorn part or tho elty Inst night. Fred Horst, 29, died nt Ht. .foseph'n hot pltal at midnight. Ills Jugular vein was severed nnd ho had also nuffer ered rrom n bullet wound In tho head. Fred Ilrchnm wan carried Into tho hospital, unconscious rrom loan or blood, which flowed rrom deep knlfo woundM that almost covered his body. Physicians said that Ilrchnm had been stabbed about fifty times. It required two hours to cIoho his wounds. Bovcn men, Including two brothers or the dead man, were arrested nnd a squad or detectives today Is search Ing ror others who are said to hAvo taken part In the affray. TOO LATE TO CLASSIFY roil 8AIJ Ono Great Dano puppy. Inquire 245 X. Oakdttlo Ave. 202 KOIt SAliK Old Trusty Incubator. C. A. Myers, 808 Dakota. 2CQ WANTBD Second hand tyoowrltor. I'hono 3441. 2C2 WANTED To exchange Portland property for Mcdford. Clark Kcal ty Co. l' WRITTEN ON FACES- TIRED, ACHING FEET A TIZ Fimt Ibitli In One or (lie Joy "I of LhlfiK A I'rro Trlfll'l'iicluiKo I'rovei U No comfort anywhere. Swollen foot rob tho day of nil Us nunllKht. Hut Ifo a TIZ foot bnth tonight. To morrow Is all smites .wid fleot-foote'd-ncss. TIZ Slops AM This Foot Miiery Try TIZ Foot Bstk Toalght. -"Hfc TV. Is a wonder to draw out all those acid poisons that sag down Into tho legs and feet. TIZ shrivels a hard corn Into nothing, drives awny bunions, reduces your feet to fit your shoes and enables you to run like a deer or stand and drill like a soldier. Get a bot of TIZ, 25 cents at any druggist, department or general storo, or send to Walter Luther Dodge & Co., 1223 8. Wabash Avo Ciitcago, HI., for a freo trial package. Not to try TIZ Ii to Invito misery. Don't waste time with substitutes. ? ? ? V y y y y y y y y y y y y f y y y y y y y f y y y y y y y y y y y t y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y iiiititiifriiii TO BRING PROSPERITY THE DEVELOPMENT AND PROSPERITY OF THE ROGUE RIVER VALLEY DEPENDS LARGELY UPON IRRIGATION. THE ENTIRE VALLEY SHOULD BE PLACED UN DER WATER. IT WILL NOT ONLY DOUBLE THE PRODUCTIVITY BUT ENHANCE THE VALUE OF THE LAND. IF THE REQUIRED ACREAGE CAN BE SIGNED UP, THE ROGUE RIVER CANAL COMPANY WILL EXTEND ITS CONDUITS TO COVER THE ENTIRE VALLEY, AT A COST OF OVER A MILLION AND A HALF DOLLARS. A VERY REASONABLE CONTRACT IS OFFERED, PAYMENTS ARE EASY AND THE WATER CAN BE MADE TO PAY FOR ITSELF VERY EASILY. ) THE CONTRACTS WILL BE PLACED IN ESCROW AND RETURNED IF THE REQUIRED ACREAGE IS NOT SECURED. THE FOLLOWING IS THE FORM OF CONTRACT AND ESCROW AGREEMENT: WATER CONTRACT Thin Agii'iHiiitut Hindu mid nnlirid Into Hi In day of Ifl . .. by nml hutwi'iiu llm ItOHl'U UIVKIt CANAL C'OMIWNY.-nu Oronii roirorntlou, nrly ot'lliu Kirst'M'nrt nnd ..................... Part)' of tho .Second Part. WITNHHHI4TII: Tlm Party of tho Plmt Part. In rouolderntteu or tlm oovomtnls nnd ngrco umiils tmri'lnatli'r ronlaliiml. to bo kept nml pnrfoniii'cl by tho Parly nl tho rtfcond Pnrt. bus bnrKiilued nnd sold nnd duos by Ihuso pritxinU bargain, ho 1 1 nnd iHiino) unto tho snld Party or Hut Hm-ond part u perpetunl right to parllrl pnli' In tin- mo or tho wntent How lug through Itn Irrigation syntotu to Irrtgnto ncrrH out at tlm tnirt or Inud described below to tin- I'xifiit or but not lo iixreod omf nnd oii-hnlr nrr feit pop nrro tor unob it u ii ii n I Initiation nemon nnd it i inn hereby covenant nml ngrcu ns follews: f I ) 'Hint It luu iti-qulred from Hid .State of Oregon by oulnrgemnut Piirmlt No It). Permit No. 107 nml Itwortolr Permit No f.o, the waters of Pour Mllu I .like In Klamath County, Oregon; or PUti Lake In JncUou County, Oregon, with latrhini'iit canal connecting said lakes, nnd tlm water or l.lttlo Hutto Creek to n sufficient amount to Irrigate : i . 1 0 o neres to a depth of olio and iini-linlf fi't-t during on eh annual Irrigation sensi n nml Hint It will conntrurl nml maintain a lom or renoivolrs. rannls. conduit, laterals nnd tuirfnro suppl) plH niirrirleui to condiirt nnd will conduct, to the lauds hereinafter described, untor fur Irrlgntlou theroor to the nmouiil or nnd not to oxreed one nnd one. hair aire fix'l per acre lor oaih uuniiul Irrigation season, measunxl nt Iho liitnko ol null tllvornliin rrom the .Main Cunnl or l.nteraU. 12 ) That nil canaU ami Intornls will be lonstriielod o( Kiieh eapnelty Hint water inn be delivered either In contluuoutt How or In rotation nn will host norw the dhitrslflod luteumtM of nil oners. That surh water will bo delivered ul such point within omilt legal huIhIUIh Ion ol forty arum cmhriuod Ithln or within which Is embraced tho land here niter diwrlhcd us Is most prnrtlcuhlo nml that when ueroennry It will liiHtall and maintain unliable inonsurlug ilinliun ror tho measuring or wild water. (11 That It will not nt any lime enter Into any contract or coutmets with ether persons which will requite a greater amount or water than tho First Patty enu suppl) to lis users, per aero as herein specified. In I'ousldeiiilloii of the promho, mild Second Party iloon hereby accept Hie roni)unro or said Water Mights to the extent of ncroM ns iiforonald nnd dues hereby agree us follews: (1 ) That he will pay ror snld Water IHght at tho rule ol fitly (.'iimio) Dollars ror each nml every acre thereof, (lint ,nmo being the present uniform charge per acre ror a perpetual right to participate In llm use or said water) In tlm mnniler following, lo-wlt: The mini of ($ ) Dollars nt the Hum Klrst Party hIiiiII, under the (onus or this contract, bo ready nml utile to actually rutulsh and deliver Its water upon tho prouilaoa herein duscirlbed fur Irrlgntlou In llm muuiier nml quantity herein prmided. Tlm sum (ir $ principal and $ Interest ouo year from wnlit ditto. The mini or pilnclpul nml $ Intel nut two yours rrom said daln, Tho mini or J. . . . . .principal mid Interest Hireo yours from said date. Tho hiiiii or principal nnd Interest four years rrom wild date. Tho sum or I principal nml $ Interest five years from said date. 'llm sum or $ principal anil $ Interest six jciiih from mild date. Tint hiiiii of $ principal and $ Interest seven yunrs from snld date. Tlm mini or J. . . . . .principal nml t Interest eight ears from suld date. Tho hiiiii or I principal nml Interest nine yenm rrom uald date. All deferred pnymonts to hoar Interest at the into or six per rentMter an num, tho Interest to begin when tho Initial payment herouum payable a afore mild. Any or nil payments tuny bo inuilo before duo nnd Interest abated accord ingly. (2 ) Thai they will pay to tho Party or tho First Part the sum or $2.r0 per aero per annum on or before tho loth day of Octolmr or each ami ou'ry enr iih un annual mnliitenaiiee charge ror tho delivery or mild wilier. CI.) All or snld nn inn due ami payable under thin contract to be putd at tho officii of tlm t'ompnuy In Mmlfonl, Oregon, ami If not paid when due the siiiiio lo draw Intermit at tho rate or six per cent per annum pajalilo bouil iinnuiilly. ( I.) 'Ilint lo secure the payment of nil tiuum agreed to bo paid by Second Party lo tho Klrst Pnrty hereunder nnd tlm Interest thereon, tho Second Party hereby given and giuutu to the Klrst Pnrty lieu upon all of the Inud herein described, (ft.) The Hecouil Party does further hereby give nnd grant to said Klrst Party Hie necessiiry rights of way over nnd through tho lands hereinafter de scribed and tho right nt entry thereon, ror tho purpose or constituting, main taining, repairing or enlarging Its ennuis, laterals nnd plpu Hues. ((I.) That tho First Party may rrom time to time muko roasouublo rules and regulations un It may deem necessnry for tho proper control and distribution or IIh waters, but shall not dccreiiHu tho total iiuantlty ot water to bu delivered or Increase tho churgeu under this contract. (7.) That bo will um ocouoiny and good husbandry at all times In tho uso or suld water nml that be will not allow nny of said water to run to waste nml that nny and all water In cxcim o'. tb.it actually nettled by. the Second Pnrty shall bo permitted to remain In the rai'fnls nnd Interaln of tho First Party nml First Pnrty shall bnvo Hie right, nt Its option, to reclaim all waste water passing from tho lauds herein described nnd to subject tho same to Its control. (S. ) That In case of contingency causing datnago to Second Party by water from the dtstrliibtlou system or source or supply of First Party, Immediate iiollco thereof shall tie given to First Pnrty ns soon as the samo shall conic to the knowledge of Second Party and no uctlon or sot-ofr or counter claim shall bo mulntnluod by S4teoud Pnrty fr damages which snld First Pnrty could have provootod ir due uollro bad been given. Such notice shall be given by telephone, mnll or au other usual channel ol oonvuyaiire. t !. ) That be Is the owner of the title to the property hereinafter described. In consideration or the Mutual covnuunts and agreements herein contained, the parties heroin do mutually agree ns follews: tl.) That the First Party ulinll be reioiilliIo to Second Party lor actual damngos committed to croits or Improvements in the Installing, enlarging or repairing or un part or the distribution system or First Party crossing any part ol tho Intuit) hereinafter described. (X.) The irrigation son son during which water Is agreed to be furnished hereunder Is fixed to boglu not Inter than April 1st of each year and shall not clone prior to Oetobor l.Mh or oacli your (S.I That the First Party shall not bo responsible In any manner tor a deficiency of wti tor en used by sennit) of natural water suppl), damage by Hood or fronting. Inutile diversion or ohMiurttou, forcible entry, riot, legal restraint or net ol Hod. or In any cuiho not coutrollod or attributable to Hie negligence or First Party and If for any reason there should occur, nt nny time, a shortage In Hut wutor supply, then the amount or water that Is available shall be distrib uted to the lauds entitled thereto on a pro-rata basis either In time or In quan tity or both, nnl In such event the annual maintenance charge ror said years shall be reduced in like proportion. H ) The Second Pnrty tuny determine ror himself (subject to tho terms and conditions heritor, nnd said rules nnd regulntlons or First Part)) the quan tity or water (within the total iimount to which ho Is entitled) which ho will uso at any one period In or during the Irrlgntlou bcasou, except Hint Second Party shall not lie allowed at any ouo time to u-e more than one-third ol said total amount, nor shall such one-third quantity bo used In nny Irrigation season more frequently than nt Hie expiration of a thirty day Interval. (8.) All wator contracted for herein shall become nnd bo appurtenant to the laud hereafter described nnd sbull bo used lor Irrlgntlou and domestic purposos only and shall bo measured nt the point or diversion rrom the canal or latonil. (C.) 11m Inud nnd promlsori affected by this contract nro situated, lying and being In Jackson County, State of Oregon, and ure more particularly de scribed us follows, to-wit: together wltli nil nnd singular, the tenements, hereditaments nnd appurtenances thereunto belonging or appertaining, containing. acres. It Is mutually agreed between the parties that In case the number of acres or water rights contracted ror hereunder is less than tho acreage ol laud above described, thou and In Hint event the Second Party will, as soon us the First Party I.--, constructed Itn Main Cunnl and I.nternls for the Irrlgntlou of suld luuds. execute and deliver to Second Party n written declaration particularly describing that portion of the nbovo described premises upon which he desires water rights contracted hctoundor to apply, which premises must bu under tho ennuis of the Klrst Pnrty. Such declaration shall bo oxecuted and acknowledged In tho same form us deeds or other couvoyunces nnd shall bu delivered to First Party within ten days niter being notified that the canals and laterals have been constructed ns aforciald Such declaration shall bo recorded In tho Deed Itecordn of Jackson County. Oregon, and when bo recorded this contract shall then apply only us to the inud described lujiuld declaration. (7.) When the First Party shall have Issued Its contracts to supply water lo Irrigate nit tho lauds under Its canals uifd laterals or so much theroof us Its supply or water Is uilequuto to permuueutly Irrigate In tho manner herein pro vided and ulinll hnvo received payment ror ttO.OOO acres thereof or Its equivalent then suld First Party covenants and agrees Hint it will, on demand, convoy to tiny corporation, selected and designated by a majority of tho owners owing land so Irrigated, tho title to said Irrigation system Including tho water rights,, reservoirs, ennuis nnd nil other holdings or the First Party necessary In tho storing nnd dollverlug ol wild water to the lands to be Irrigated but not tho unpaid amounts to become duo on tho outstanding contracts and thereafter title thereto shall be vested In said corporation nnd subject to Its munugement and control. Provided, however, that all the owners, or lands bo Irrigated rrom suld system, shall bo given equal right to tho momherahlp nnd privileges ot such corporation In proportion to the acreage or land so Irrigated and owned by them and provided that any such corporation tuny, at any time, become entitled to snld conveyance by purchasing from the First Pnrty tho remainder of Its unsold water at the piico per aero herein named and In tho event ot such conveyance to snld corporation, all tho obligations or Second Party to ntako tho pnymonts or $2. til) per aero per annum us u mulntonunco chargo, shall Immediately ceuso and terminate. This contract shall bo binding upon tho executors, administrators, heirs, assigns and successora of the piuttes executing It. WATER ESCROW AGREEMENT Tho Contract hereto attached Is hereby placed In escrow in tho Mcdford National Hank of Mcdford. Oregon, to be held by said Dank subject to the fol lowing conditiens: If within 18 months from January lat, 1913, tbero shall havo been placed In eald Uank a sufficient number of contracts of similar tenor to this contract, to Justify tho Party of tho First Part to said coutracls, In building and com pleting Its cntlro system adequate to Irrlgato r.5,100 acres of land In the Koguo lllvcr Valley and eald First Party sball within said timo notify said Mcdford National Dank thereof, said Uank shall cause to bo mailed through tho United Stales Mall to tho Second Party hereto and to each of tho Second Parties to each and over)- other contract, so placed In escrow In said Hank, a notice fixing the time and place ot meeting ot tho Second Parties to said contracts addressed to ouch said Second Parties at his Poat Office addrcw ns stated in uald Con tracts respectively or If no address be fetated In said contracts then at Medford, Oregon. Said notices shall be given not less than ten days before said meeting and said meeting shall bo held In some convenient, plaeo In tho City ot Medford. At said meeting a committee of rive shall bo chosen front among the said Second Parties. Each or tho Second Parties at said meeting shall be entitled to a number or votes equal to tho number or acres of land for which he has contracted to purchase wator as aforesaid. Such committee shall be chosen by a majority of tho acrcago represented at said meeting and also by a majority la number of those present. it shall bo the duty and function ot said cemmittee: FIRST: To examine Into the responsibility and financial condition ot tho First Party nnd to determine wbcthor or not tho First Party Is ready and ablo and has In hands or available tho necessary funds to actually construct tho entlro system ami to carry outand perforin ail tho terms of said contract. SKCOND: To examine tho plans and specifications and details or Its pro posed Irrigation system and to dcterratuo whether or not tho same nro adequate, and sufficient to furnish and supply water to 65,100 acres ot land under Ita canals and ditches In tho manner provided by said contracts. TIIIItD: To mako such Investigation us they may deem necessary aud to determine whether or not the First Party has available a sufficient supply ot water to irrigate all of tho lauds to be Irrlguted under all ot tho contracts bo lu escrow in said batik. It is understood and agreed that said committee shall bo nrforded, by the Party or tho First Part, all Information and facilities ot every character In Its possession that It may require In muklng said investigation and determination; that if it deem It necessary It may call to Its assistance uuy export In Water Supply or Irrigation and that tho First Party will pay the reasonablo charge ot snld expert. It not being the Intention, however, that tho tlrao necessary to mako measurements ot tho run off of streams extent ot water shed, sire ot reservoir basins, or other physical factors connected with said system shall bo taken, but thut reports as to such mutters furnished by the U. S. llydrographlc Survey, tho Water Hoard ot the State of Oregon or other equally reliable sources shall bo taken as tho basis of such Investigation and that not mora than ID days shall bo consumed In making tho same. Upon concluding Its Investigation and determination, the said commlttoo shall mako a written report to said Hunk, a report signed by four members of tho committee, to bo deemed a report of tho committee, and If said report shull stnto that said co mm I tee Is ot tho oplulon after such Investigation, that First Party Is ready, ablo and Jius on hund or avallablo sufficient funds to construct suld system and that tho plans and specifications ot suld systom ure sufficient and suitable to provide a permanent and ndequato system of Irrigation ror 05,100 acre ol laud under Its ditches and canals and that said First Party owns or has avallablo a supply ot water adequate to Irrigate ull ot tho lauds covered by all tho contracts In escrow lu said Hunk in tho manner provided by snld contracts, then suld Uunk shull upon receiving suid roport deliver all of said contracts to First Party. Hut It suld Co nun It tee or two or more mombors thereof shall stuto In suld report that from Investigation they are not satisfied us to ull tho aforesaid manors, thou upon receipt or suld report suld Hank shall return each of said contracts to tho Second Party named therein, who oxecuted the sumo and tho same shall bo considered cancelled aud surrendered aud In all respects null aud void. It is further understood that If said Hank shall not receive roport from tho commlttoo of said Second Party for n iierlod of CO days after said 111001111? nbovo provided, snld Hauk shall upon domuud deliver all of tho said contracts to tho First Party. lu caso a sufficient number or contracts uro not secured as aforesaid, then this contract shull bo returned to Second Party aud thu sumo shall bo mill aud void. IN WITNKSS WHKItKOF, THK FIRST PARTY has horeunto caused Its namo and corporato seul to be affixed und SECOND PARTY has horeunto sot his hand and seal this day ot 191... . ItOQUK ItlVBR VALLEY CANAL CO., WITNKSS: uy. uy. Vlco President. , (Seal) (Seal) (Seal) Post Office Addrcsa of Second Purty. . THIS ADVERTISEMENT IS TO LET THE PUBLIC KNOW THE TERMS UPON WHICH WATER CAN BE SECURED. IT IS NOT PAH) FOR BY THE ROGUE RIVER CANAL COMPANY BUT PRINTED BECAUSE THE MAIL TRIBUNE DEEMS IRRIGATION ESSENTIAL TO THE WELFARE OF THE VALLEY. t ,'!