Medford mail tribune., January 25, 1913, SECOND EDITION, Page PAGE SIX, Image 6

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BOY
MING
SONGSTERS IN CITY
RAISE
Ot
T
Tho residents of tho southwest por
tion of tho city nro protesting tho nc
tloh ot n number o( smnll boys who
have been engngod since the first ot
tho yenr In killing sons birds In thnt
section with 22 rifles and air guns.
It scorns that the slaughter followed
Christmas when tho boys Becurcd
Riiim for presents.
Larks, robins nnd bluo birds aro
tho particular prey of the youngsters
who evidently do not know thnt tho
BlBte game laws ore very stringent
In regard to song birds. It Is also
a violation of a city ordinance to dis
charge a flro nrm within tho city
limits.
COMMITTEE
AT
WORK
RING
TO TEST ROGUE VALLEY
COAL NEXT TUESDAY
A tout will be made Tuesday of the
conl which la lielng produced In tho
Uoruo Itlvor valley. An apparatus
will arrlvo the first of the week
which will be used In tho experiment.
A recent method has been discovered
In which tlno coal can bo used In tho
plnco of oil In manufacturing gas.
If this experiment proves success-
F
FAST CAMPAIGN
The Irrigation committee appointed
by tho Medford Commercial club to
arrange tor n meeting to be held In
the city In order to properly Inaugu
rate a campaign for the securing ot
Irrigation over the entire floor of tho
valley, has been hnrd nt work for
several days past and are now get
ting their campaign In shape to sub
mit to the club and public.
Tho campaign will have tho back
ing nt the various organizations In
tho valley. Tho land owners will be
asked to contract for water. These
contracts will be placed lu escrow un
til a sufficient acreage Is secured to
go ahead.
The residents of the valley aro alive
to tho poslhlltllcs nnd need of water
and the campaign will probably be
effective.
GREAT DAMAGE
IN
WASHINGTON
RESULT OF THAW
ful It Is likely that a plan tor the
use of tho local coal lu the manufac
ture of gas will be considered.
Tho Talent conl mine nt present Is
being developed on n large scale and
which promises to bo one of the most
Important factors In the development
of tho Rogue lllver valley.
SEATTLE, Wash., Jan. 26. He
ports from nil parts of Washington
today show great damage was caused
by the midden thaw following a
southwest storm. Forty men were
burled, one of whom wns killed, and
a snowplow wrecked by a slide near
laconnla on the Milwaukee line,
which Is completely blocked. The
dead man Is Arnold Jncolison, a
laborer of this city.
Slides on the Groat Northern
blocked the road and cut communi
cation so that It Is Impossible to es
timate the amount of damage. He
ginning Sunday this road will cut It's
overland passenger service lu half to
facilitate the handling ot freight.
BITTER FIGHT ON
IN COMMONS OVER
WOMAN SUFFRAG
E
city TitKAsriiKirs notici:.
Notice Is hereby given that there
are funds In the city treasury for the
redemption of Warrant No. 2, Issued
against Lateral H. District No. i.
Interest will ceaso after data of
this notice.
Dated January 21, 1913.
0. II SAMUKI.8.
City Treasurer.
LONDON', .lnu. W. Militant suf
fmgettei held mn,w meeiing
through out Loudon loiluv propum-
tory to Monday's meeting of Hie
lioue of common, when Hie debute
ou Hie otrnggle to obtain the ballot
fur women will lie continued. 'I he
commons adjourned at ll o'clock yet
terday evening after a day marked liy
bitter dWeusxion of the amendment to
eliminate the word "mule" from the
fraiiehUe hill.
Lewis lltuvourl, colonial seeielary,
who made a bitter nautili on the
suffrnce amendment, was the Inrgct
today for the wralh of Hie suffra
gettes. Me referred hrielly tit (he
women who recently hutned the an
central hall nt Neunham park.
The suffragettes are confident that
the measure will earn-, iclying Inrge.
ly ou the support of David l.loyil-
fleorge, Sir I'dwaid drey nnd bird
Hugh Cecil. Lord Hugh chnrnelciix
ed Harconrl's seeeh as the most
dnmngit!!; he had ever heard agaiuxt
the present goxeniment.
"Ilareourt's iiutipathv l Hie (Irey
amendment," said Lord Hugh (Veil,
"suggests Hint he has been spunked
recently, or has never gollen over the
indignity of helm; horn of a woman."
Hotel Medford
Room without bath (10c. per day
ami up.
Hootus vith hath 91, no per day
and up.
Special rates by week or month.
Combination breakfasts every
morning U.i, !l.1 and 43 rents,
nno SUNDAY DINNER flOo
California Hlpe Olives Spired Oher-
kins
Consomme Heine Mnrgot
Oreen Sea Turtle Kahler Kluli Style
Cutlets of Young Alaskn Flounder S
Heuehnuld
routines L'Alhunl
Hoast Domestic. Duckling Harlster
Apple Sauce
Saddle ot Lamb with Oreen Mint
Sauco
linked Potatoes Eneallopcd Tomatoes
Fruit Salad n'lu Medford
Oreon Apple Plo Coeouput Cream IMe
Vnnllla Ice Cream
Assorted Cakes
Swiss Frnmngo Ralllue Wafers
Cafe Nolr
Sunday January "Jf.tli, 1IU3
Hotel Medford 5 lie Table D'llote
Dinner
Prom 5:00 p, m to 8.30
YOU WILL SAVE MONEY
IF YOU BUY PAGE FENCE
THE PRICE OF OTHER FENCE IS ADVANCING
BUT THE PRICE OF PAGE FENCE
REMAINS THE SAME
During meal hour beautiful music
and singing will Ito rendered by llerr
Curl (Jrlsoen and Mine. l.'vclync.
mm
PMCr44- M?
SSIr
W can supply you with anything hi Hits fonuo lino,
or will tinnli'iiol. lo fonco your lunn coinplolo,
l.tl us ri'iiro willt yon.
Gaddis 8b Dixon
"THE PAGE FENCE MEN"
134 N. Rivoraido Avo. Modforil, Oregon
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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
' This Agreement made nnd entered Into this day ot
.191 ... by and between the TIOGUE RIVER CANAL
COMPANY, an Oregon corporation, party of tho First Part and
'. Party of the Second Part.
WITNESSETH:
The Party ot tbo" First Part,lnconslderation ofthe covenants and agree
ments hereinafter contained, to be kept and performed by tho Party of- the
Second Part, has bargained and sold and docs by these presents bargain, selt
and convey unto tho said Party of the Second Part a perpetual right to partici
pate In the uso of tho wators flowing through Its Irrigation system to irrigate
. . . .acres out of tho tract ot land described below to
tho extent of but not to exceed ono and one-half aero feet per acre for each
annual Irrigation season and docs hereby covenant and agree as follews:
(1.) That it has acquired from the Stato of Oregon by enlargement Permit
No. 19, Permit No. 407 and Reservoir Permit No. 50. the waters of Four Mllo
I.ake In Klamath County, Oregon; of Fish Lake In Jackson County, Oregon,
with catchment canal connecting said lakes, and tho waters of Little IJutto
Greek, to a sufficient amount to irrigate 55,100 acres to a depth of one and
one-half feet during each annual Irrigation season and that it will construct
and maintain a system of reservoirs, canals, conduits, laterals and surface supply
pipes sufficient to conduct and will conduct, to the lands hereinafter described,
water for irrigation thereof to the amount ot and not to exceed ono and one
halt acre feet per acre for each annual Irrigation season, measured at the Intake
of each diversion from the Main Canal or Laterals.
C.) That all canals and laterals will be constructed ot such capacity that
water can be delivered cither in continuous flow or In rotation as will best
serve the diversified luterests of all users.
That such water will bo delivered at such point within each legal subdivis
ion ot forty acres embraced within or within which Is embraced the land here
after described as is most practicable and that when necessary It will Install
and maintain suitable measuring devices for tho measuring of said wator.
(3.) That it will not at any time enter Into any contract or contracts with
othor porsons which will require a greater amount ot water than the First Party
cau supply to Its users, per aero as herein specified.
In consideration ot tbo premises, said Second Party does hereby accept tho
conveyance of said Water Illghta to the extent of
acres as aforesaid und decs hereby agreo as follews:
(1.) Thut ho will pay for said Water Right nt tho rate of fifty (50.00)
Dollars for each and every acre thereof. (Tho same being the present uniform
charge per acre for a perpetual right to participate In the uso of said water)
lu the manner following, to-wlt:
Tho sum ot (t ) Dollars
at tho time First Party 6hall, under the terms of thlo contract, bo ready and
nble to actually furnish and deliver Its water upon lliu premises herein described
for Irrigation In tho manner and quantity herein provided.
Tho sum ot ? principal and interest one year from said date.
Tho sum of principal and I Interest two years from said date.
Tho sum of principal and t Interest three years from said date.
Tho sum of I principal and s.. ....Interest four years from said date.
Tho sum of i principal and $ Interest fivo years from said date.
Tho sum of x. .... .principal and $ Interest six years from said date.
Tho sum of x.. ... .principal and $ Interest seven years from said date.
The sum of I principal and Interest eight years from said date.
Tho sum ot x principal and x interest nine years from said date.
All deferred payments to bear interest nt the rate of six per cent per an
num, tho Interest to begin when the initial payment becomes payablo as afore
said. Any or all payments may bo nuulo befcre duo and Interest abated accord
ingly. (2.) That they will pay to the Patty of tho Flit Part the sum or $2.50
per aero per annum on or before the 15th day of October of each and every year
ob an annual maintenance charge for tho delivery of said water.
CJ.) All of said sums duo and payablo under this contract to bo paid at
tho office of the Company In Medford, Oregon, and it not paid when duo tho
same to draw interest at tho rate ot six per cent per annum payablo semi
annually. (4.) That to secure the paymont of all sums agreed to bo paid by Second
Party to tho First Party hereunder and tho interest thereon,, the Second Party
hereby given and grants to tbo First Party a lien upon all ot tho land herein
described,
(5.) The Second Parly docs further hereby give and grant to raid First
Party tho necessary rights ot way over and through tho lands hereinafter de
scribed and the right ot entry thereon, for tho purpose of conducting, main
taining, repairing or enlarging its canals, laterals and plpo llnoe.
(C.) That tho First Party may from timo to tlmo make reasonable rules
and tegulatlous as It may deem necessary for tho proper control and distribution
of its wat3rs, but shall not decrease the total quantity of water to bo delivered
or Increase the charges under this contract.
(?.) That he will use economy and good husbandry nt all times In the
use ot said water and thnt he will not tllow any of said water to run to waste
and that any nnd all water In excess of that actually needed by tho Second Party
shall bo permitted to remain in the canals und laterals ot tho First Party and
First Party shall have the right, at Its option, to reclaim all wasto water passing
from tho lands herein described and to subject tho same to Its control,
(S.) Tim In caso of contingency canning damngn to Second Party by
water from the dlstrlubtlou system or source of supply of First Party, Immediate
notice thereof shall be given to First Party as soon as the same shall come to
the knowledge of Second Party and no action or set-off or counter claim shall
be maintained by Second Party for damages which said First Party could have
prevented If due notice had beon given.. Such notice shall be given by telephone,
mall or any other usual channel of conveyance.
(!.) That he Is the owner of the
title to tbo property hereinafter described.
In consideration of the Mutual covenants and agreements herein contained,
the parties hereto do mutually agre ns follews:
(1.) That the First Party shall be responsible to Second Party for actual
damages committed to crops or Improvements In th Initialling, enlarging or
repairing of any part ot the distribution ystem of First Party crossing any part
of the lands hereinafter described.
(2.) Tho irrigation season during which water Is agreed to be furnished
hereunder Is fixed to begin not later than April 1st of each year und shall not
close prior to Oc(Tbor 15th of each year.
(3.) That the First Party shall not be responsible In any manner for n
deficiency of water caused by scarcity of natural water supply, damage by flood
or freezing, hosttlo diversion or obstruction, forcible entry, riot, legal restraint
or act of God, or In any caso not controlled or attributable to tho negligence of
First Party and If for any reason there uhould occur, at any time, a shnrtugo
in tho water supply, then tho amount ot water that Is available shall be distrib
uted to the lands entitled thereto on a pro-rata basis cltl.er lu time or In quan
tity or both, and In such event tho annual maintenance charge for said years
shall be reduced In like proportion.
(4.) The Second Party may determine for himself (subject to tho terms
and conditions hereof, and said rules and regulations of First Party) tho quan
tity of water (within the total amount to which ho Is entitled) which ho will
use at any ono period In or during tho Irrigation season, except that Second
Party shall not bo allowed at any one Hinn to use more than onn-thlrd of said
total amount, nor shall such one-third quantity he used lu any Irrigation scaton
more frequently than at the expiration of n thirty day Interval,
(5.) All water contracted for herein shall become and be appurtenant to
tho land hereaftor described and shall bo used for Irrigation and dnmestln
purposes only and shall lm measured at the point of diversion from tho canul
or lateral.
(!.) 1?u land and promises affected by this contract are situated, lying
and being In Jackson County, Stutu of Oregon, and aro more particularly de
scribed as follows, tc-vslt: .
together with all and singular, tho tonements, hereditaments and appurtenances
thereunto belonging or appertaining, containing acres.
It is mutually agreed between tho parties that In case the number ot nrrefl
of water rights contracted for hereunder Is less than tho acreage of laud above
described, then and In that event the Second Party will, as roon as tho First
Party has constructed its Main Canal and Laterals for tho irrigation of said
lands, execute and deliver to Second Party a written declaration particularly
describing that portion of tho abovo described piemlscs upon which he desires
water rights contracted hereunder to apply, which premises, must bo under tho
canals ot tho Firrt Party. Hitch declaration shall bo executed and acknowledged
In tho samo form as deeds or other conveyances and shall bo delivered to First
Party within ten days after being notified that the canals nnd laterals have
been constructed as uforcrald. Such declaration shall bo recorded lu tho Deed
Records of Jackson County, Oregon, and when ho recoided this contract shall
then apply only as to the laud described Irt said declaration.
(7.) When the First Party shall have Issued Its contractu to supply water
to Irrigate all tho lands under Its canals and laterals or so much thereof us Its
supply of water Is adequuto to permanently Irrigate In tint rrunnor heroin pro
vided and shall have received payment for 30,000 acies thereof or Its oqulvalont
then said l'lut Party covenants and agrees that It will, on deniuud, convoy to
uny corporation, selected and designated by n majority of tho owners owing
land so Inlgated, the title to said Inlgatlon system Including tho water rights,
reservoirs, canals and all other holdings ot the First Patty necessary In tho
ttorlng and delivering of said water to tho lunds to bu Irrlgutod but not tho
unpaid amounts to become duo on tho outstanding contracts and thereafter tltln
thereto shall bo vested In said corporation and subject to Its management and
control. Provided, however, that all tho ownors of lands so irrigated from snld
system, shall be given equal right to tho membership nnd privileges of such
corporation in proportion to tho ncreago of land so irrigated and owned by thorn
and provided that any such corporation may, at any time, becomo entitled to
said convoynnco by purchasing from tho Flrt Party tho remainder of its unsold
water at tho price por acre herein named and In the ovent of such conveyance
to said corporation, ull tho obligations or Second Patty to mako tho pnymonts
of $2.50 per aero por annum us a maintenance charge, shall Immediately ceaso
and terminate.
This contract shall bo binding upon tho executors, administrators, heirs,
assigns und successors of tho parties executing It.
WATER ESCROW AGREEMENT
Tho Contract hereto attached Is hereby placed lu escrow lu the Medford
National Hank at Medford, Oregon, to be hold by said Hank subject to thu fol
lowing conditions;
If within IS months from January 1st. 1913, there shall have been placed
In said Dank a sufficient number of contracts of similar tenor In Ibis contract,
to Justify tho Party of the First Part to said contracts, lu building und com
pleting Its entire system adequate to Irrigate 55,100 acres of laud In the llnguo
Itlvor Valley and said First Party shall within said time notify said Medford
National Dank thereof, said Hunk shall cause to be mailed through the Inlieil
States Mull to dm Second Party hereto and to earh of the Second Parties to
each and every other contract, so placed lu esrrow In said lUnk, u notice fixing
thu tlmo and place of meeting ot the Second Parties to suld contracts addressed
to each said Herond Parties at Ills Post Office address ns stated In said Con
tracts respectively or If no address bo stated In said contracts then at Medford,
Orpgon. Said notices shall be given not less than ten du)H before snld meeting
nml said meeting shall be held In some convenient place In the City of Medford
At said meeting a committee of five shall be chosen front among the said
Second Parties. Each of the Second Parties at snld meeting shall lm entitled
to n number of votes equal to the number of ncres of hind for which he has
contracted to purchase water us aforesaid. Such committee shall be chosen by
a majority of the acreage represented at said meeting and also by u mnjorlly lu
number of those present.
It shall bo tbo duty und function of said cemmittee:
FIRST: To examine Into the responsibility und financial condition of the
First Party und to determine whether or not the First Party Is ready und nble
nnd has In hands or available the necessary funds to actually construct the entire
system and to carry out and perform all the terms of said contract.
SECOND: To examine the plans and specifications and details of Its pro
posed Irrigation rystem and to determine whether or not the same are adequate
and sufficient lo fiimUh and supply water to 55,100 acres of laud under lis
canals and ditches In the manner provided by said contracts.
THIRD:- To make such Investigation ns they may deem necessary nnd to
determine whether or not the First Parly bus available n sufficient supply of
wnter to Irrigate all of the laid to be Irrigated under (ill of the contracts so III
escrow In snld bank.
It Is understood and ngreed that said committee shall he afforded, by the
Party or thu First Part, ull Information and facilities of evury character In Us
possession that ll may requlio In making suld Investigation and determination;
that It It deem It ucc unary It may call to Its nsxlstuucn uny expert lu Water
Supply or Irrigation and that tho First Party will pay the reasonable charge ol
snld expert. It not being the Intention, however, that the time necessary to
maku measurements ot the run oft or streams extent ot water shed, mIho ot
reservoir basins, or other ploslcal factors connected with suhl system shall bo
taken, but that reports ns to such mattern furnished by the If. S. Ilydrogruphlo
Survey, the Water Hoard of the State of Oregon or other equally reliable
sources shall be taken as the basis of such Investigation and that not morn than
40 days iihall he ruusumeil lu milking tho sumo.
Upon concluding Its lutost'gutlun and determination the said committee
shall mako n written report to said Hunk, n report signed by foer numbers
of thu committee, to bu deemed a repot t of tho committee, nnd If said report
shall state thut suld commltee Is of the opinion after such Investigation, that
First Party Is ready, able and Ns ou baud or available sufficient funds lo
construct said system and that thu plans and specifications of said system are
sufficient and suitable to provide a permanent and adequate syrtoni of Irrigation
for 55,100 acres of laud ruder its ditches and canals and that said First Party
owns or has available it supply of water adequate to Irrigate all of tho lauds
covered by all the contracts In escrow In said Hank In the manner provided by
snld contracts, thou snld Hunk shall upon receiving said report deliver all of said
contracts to First Party, Hut It said Committee or two or more memburs
thereof thall state In said report that from Investigation they are not satisfied
as to all tho aforesaid mutters, then upon receipt of said report snld Hank shall
return each of suld coutuicts to tho Second Party iiumed (heroin, who executed
the auuui and tho same shall ho considered cancelled und surrendered und lu all
respects null and void,
It Is further understood that It snld Hank shall not receive report from tho
committee of said Second Party for a imrlod of ?!0 days uftur said meeting ubnvo
provided, said Haiilc shall upon demand deliver all of thu snld coutuicts to tho
First Party.
In caso a sufficient number of contracts nro not iiocured as aforesaid, then
this contract chall bo returned to Second Patty und tho sumo shall bo null and
void,
IN WITNESS WIIEUEOF, THE FiltST PARTY has horoiiutn caused Its
namo und corporate seal to bo affixed and SECOND I'AIITV has hereunto sot
his hand nnd senl this day of 101...
ROC1UE RlVEIt VALLEY CANAL CO..
ny -
Vlco Proiildont.
iiy
(Soul)
(SuuJ)
(Heal)
Post Office Address of Second Purl)'.
.",...!.,...... ,,.
WITNESS:
THIS ADVERTISEMENT IS TO LET THE PUBLIC KNOW THE TERMS UPON WHICH WATER CAN BE SECURED. IT IS NOT PAID FOR BY THE ROGUE RIVER CANAL
COMPANY BUT PRINTED BECAUSE THE MAIL TRIBUNE DEEMS IRRIGATION ESSENTIAL TO THE WELFARE OF THE VALLEY.
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$4f4M$$M
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