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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (Nov. 20, 1920)
B3jg Irugnittg KAMASMAAAAAMM I A Classified Ad . WWAMMWWWVWWWWH Today's News Today Will Do It WwmWAAAAAAAAN MAMMAMAMVWMWWWWMMi rourlivnlli Yenr .So. I ONO KLAMATH I'ALLH, OIUMO.V, HATUHDAV, NOVKMIIKH J!0, l20. Price Five CcnU iteratfi Hearing Narrows Dispute To A Difference In Interpreting Terms of the Dam Contract Coiitroviimlat Kroiiml on which t Id Upper l.akn sIonik ;., dispute hu dly narrowed nn .1 boon waged wn rati I tho Chamber of Commorcn Investi gation proceeded yesterday, nnd by tho close of tlm day apparently thorn waa lllllit dlffurnncii of opinion loft Aa far lift thti casual observer could lull tho dispute narrownd down to n question of Intnrprulnllon of th ii moaning of tlm dam contract ttinlntn It' Ambiguous J. II. Carnahun fur the Amelrcan Legion liilled that tlm wording of 'tho 1017 contract, undiir which tho s California-Oregon Power company U Milhorlied hy tho United. Mate to tiulUlllia Link river dam, la nmlilg uouaTT Ho much no, ho ald, tjiat construction of tho dam under tho rontrAct would glvo tho power com pany n ilrangln hold oir tlm Upper I.ak and control of all It water nliotn tlm amount needed to Irrigate Hi rid 0,01)0 acre now under wutnr In Aim Klamath project it would pormll tho company to raise and lower tho lake level, on tno ono hand damaging land owner anil tlm public by Inundation of vait n'reaa of private, mid public land on Urn shore of tho lako, on tlm otlmr interfering with navigation and lum bering wlmn tho fluctuation waa to (im low IotrI. V I Under tho contract, ho aald, tnc J-cAnipany might take all but tlm i t tnr r.o nnn nrrrn. run It down thn,,t.. .n.tn.in.. r..i..,t iM ...,.... i.A .i. river to Keno, and generate power at it plant there. ruh II on to turn tlm turbine at tho Copco plant, nnd tno lopco piani. anuj t0 company I now furnishing It In California forj i jt2 horiepower at tho noven-mlll ,rhp. of Callfon, , , ,, ho ,,,, Tho p0M,,0 deman(, nd all pollilllty oriunuer tlm rate, when all unit come finally releawi tho benefit, perh land, but beyond benefit to tho Klamath baln agrl- cutturlat. To overcome theo defect, ,whleh lie mid were not Imaginative dan ger, but real, ho propoied the mod ification of Keetlon four, even nnd ton of Ihn contract, and nutimltleil modification Im had drafted to l'aul McKee, general manager of tho power company teatlfylng In their liehair. Tell 'mnimi)' Hlnnil Without renervatlon Mr McKee In J tho namo of the company accepted n modlflrallon of two ectlom Tho third, which relate to diking tho marhe of the Upper Lake. Im refilled on the ground that In thbt prenoui iinirnii in iuhumih m bound to prevent damage to land on tho Upper Lake by reaion fluctuating level, nnd bound toj compensate owner for damage done Tho company had ussumed heavy burden In thl regnrd nlready, ho aald, In fact, nnd gono tho limit, nnd didn't proposo to go further. Mr. McKee declared that If the government would make nn Immedi ate appropriation to hulld tlm dam and reimburse the company for money nlready spent, the company would glndly step nsliln, cnnrel Ita contrnct and lot tho government do tho work. Tlm company expected no vested right under tho contruct, ho ald, ttxpocted to rocelvo nn water oxcopt tho surplus remaining nfter all Irri gation want were supplied. And tho company Interpreted tho con tract n It stands to mean that ev il ry ncro In tho Klamath project, bo It 250,000 or more, waa entitled to water boforn tho company could ro colvo any. "Not only would wo bo willing to rollnntilHh tho contrnct If tho gov ornmunt would build tho dnm ut onco and recompense im for our out lay on tho work to date, hut wo -would bo greatly pleusod at tho ro lief from this heavy burden," said tho company' representative. Ho also aald that It tho company had It to do nguln they would not onter Into n Blmllar contract, that many of Its provisions woro dis advantageous to them, but It had been oxecutod, and thoy would carry It through, All Conflict Hettletl V All conflict with lumber Inter est on tho Upper Lake have beon 'settled, or settlement I ponding, isoid Mr, McKee. Tho only concorn which la not ontlroly agreed to building tho dam Is tho l'ollcun liny company, nnd negotiations lioro havo roachod a stugo whoro It apponrs without n doubt thoy will ho satis factorily conoludod, Mnrsli lnnd owners, ho said, had nil boon satisfied, and lio know of no contemplated injunction suits to stop tho dam building by his com pany. Ho said that as ho understood tho .contract It merely made tho power company turntif tt Mm cnvnrn motit III building Urn dam, nml guvn It no vealod right whatever. UhuIiI Kill 7-MII Ituto Hl.oul.l tho contruct lo cancoll.nl. hosnld, ho understood tho sovon-mlll iiuiuiiiin iuiu imii.ii.iuii nuuiii mi nu-non u was round to contuln n quan rogalod with .tho Imlanco of tlmlly of banana leave and lying; antig contrnct. and It would then ri-nt , y beneath tho leave wero two five- with tint state puhllo aorvlcu com - iijlaalou to fix tho rati). U'nulil Prevent DaimiK)' Hull "Under tho contract we'd hnvo to taku nro of all concern ami Indl vliluuln dnmaged hy overflow, or otherwise In Hi ii rosorvolrlug oper Minn." aald Mr McKee. "W intend to do the work no that tlm damage will ho prevented." In atated that tho temporary dam n Link river had been under con - trol of the reclamation aervlco ulnri. Ha tnitallatlon, and that lie antici pated the amo nit unt Ion of control If tlm permanent dam wa con- atructrd hy tho company Mr. McKee, referring to a provl- alon that would permit the com pany, with client of tho United mam unuer ceriain conuuion to lower tho laW level ImiIiiw the 4137 feet abovo ,i level minimum, de clared that he thought thl clauae' wn meant to corvr extraordinary I condition, and did not think tho, level would ever havo to bo reduced below 4137 feet Hut control . f ,, ,rtt, , '10 hnndlt of ,,, .reclamation icrvlco. I n, company I now furnishing n, wm ,0 round 8,000 horiepower. I n-t.1. .... . - . u.i.. . ....-li i i mo nu a imiui iruit.Piiiuii, iauy wiion no iibo planned on lovnrai ho doclarcd, and It th officer of. bout at Seattle until a nquabble th power company bad known a'nroo botween promoter there and much whenxUuy made It na they do, ho thought tho opportunity for now It would, not exist. match before Now Year' wan gono Nluft Dlko Inillaji ltnil and algned up for tho Chlloqnln bout. Undr (ho recently executed. Hut being pledged to fight at Chll leatewlth Indian for 8,000 ncroi'oquln ho mw only ono couro to pur of iia'rjh land on tho Upiwr lakn.'auo and wired tho Seattle manager he Aald, tho company I ruoulred to I who offered him tho bout telling him dike and dovelop It for ngrlculturo, n.i rapidly i ,V llr Hit K llr jqnmath In rapidly a pmilhle. Ilrndliury Tentlfle radbury. director of tho I Irrigation district, took the lAnd a n wltue for the American UKjn III testimony was nil In fa- fof tlm government building the lie nald he thought It poor ofipVthllc policy for public enterprise to bo dovolopfld by private Interest. A a member of the board which In 1910 recommended the form of tho contract over which the dispute Is staged, Mr llrndhiiry (poke with authority, lie said that ho did not agree with alt provision of the re port but had waived hi right to ub mlt n minority report on tho under standing Hint the members of tho hoard were to see a copy of tho con tract, based on tlm report, before It wa adopted. Ho hud never boon furnished n copy consequently had never had n chance to object to pro visions that he thought detrimental. For one thing, ho suld, there was no Intention In making the report to fix tho levels of tho lake, lie aald 4143 3, tlm maximum, t not a normul level. It only bold during tho flood lensonn. When water recede mnrih lnnd owners got hay nnd forngn crops on lands overflowed In freshet time. If tho dnm kept tho water standing on tho land during tho greater part of tlm summer season they would ho deprived of thoso crops, unless tho land was diked. Anol IiimI IK'fcct Seen Ono dofoct of tho contract, he said, was tho placing of tho burden of proof of damage on tho marsh lnnd owner, it othor words lie would hnvo to suo n powerful corporation and provo his dnmago before ho could bo rocomponsod, l)m Not Needed Now Mr. Ilrndbury said ho bollovod that tho only presont neod for tho dam was to sorvo tho power company. The presont Irrlgnblo area could be sorv od without a dam. HJo said tho Cop co power plant Is planning to uio moro water than will be required for all Klamath project Irrigation. In It Good Trade? Chairman Ilrowor wantod to know It It woro n quostlon of overflow ing 10,000 ncros of land on tho Up por Lake to provldo summor storngo for CO, 000 ncros bolow, why It wus not n good oxchnngo. Mr, Ilrndbury said ho did not consldor It u good trndo bocnuso It wns not nocossary. Tho upper lands could bo dlkod, nnd utilized nnd thoro nood bo no loss at oil. (Continued to Page 4) LOCAL POLICE ON TRAIL OF M T T I Ouldod by luformntlon given to tho pollco department by n niiin whose I11""' "'I1" ""' ,l"l,cl'"H"'. '''' "' '" Ic" U,'1,1 ",",", ''''''triilrig drove out Imuran! I'lillrnri fMlv nml iilt.,l n .u.pIcIouh looking trunk that had been cached In tlm jrunh. Wlicn tlio trunk was opened at tlm pollco stn- ! gallon keg of "dugo rod," a bovor ago quite popular among (Ireekf, Itallam, and other. Tho keg form urly contained witch liuiel, luggoit Ing tho Importing of u flavor qulto foreign to that rtrslrod by tho manu facture!. Cliluf Wilson managod to got hi none near enough to tho conttint to IT" ',' , " ,' '"" T "" " '" !... ,. ,, ' .,., wl ,nnlnlnl fmlr or fv nt n,coho, , 'c,0Ilt t0 )lac ,t , , pro,llMl,on cn,, I The chief ha placed tho cao In the hand of the prone cutlng attor ney. .WAGNER STANDS or HOME "llohblo" Wagner will meet lied rv,,i,ii , m.ii.,i . . . , lxm Thanksgiving night, deaplto an 0,rr ,rom Seattlo for n match noxt Tuesday. In view of tho fact that luoauay. in view of the fact that Seattlo I Wagner homo town and hll rolkll ro ,hero h8 ,. niBklnf gomo aacrlflco In turning down the chance to get homo for tho holldavi. Koee- . . .... . '. the clrrumitance and offering to come at a dito later than November :s. "The local fan Mood by mo when II was nick nnd needed friend nnd I wouldn't dlsnppolnt them." nald Wag- ner. displaying tho Seattle telegram to n newspaper mnn "They expect to see mo fight nt Chlloquln Novem ber Z' nnd I'm going to keep tho date If I'm nllvo and able to crawl." Ilnth Wagnor and Campbell are training consistently nt the Klamath i athletic club. They will glvo a pub lic workout Sunday afternoon ut tho club botween S and 3 o'clock. Considerable Interest Is shown locally In tho Chlloquln oxhlbltlon and It expected a number of local fun will bo nt the ringside. Thoro will ho a six round bout bo tween Kid Drown and Young llrady, and a cnuplo of speedy preliminaries. A big dance will follow tho con clusion of the boxing. December Wheat Takes Big Drop CHICAGO, Nov. 21. necombor wheat ulono points down as low as JlfiO'i today, compared with J2.75 u bushel when trailing In futures was resumed on July lti. Ono authority said the recent farmers' strike had been followed by u re taliatory strika by wheat consumers, and traced tho market break to this causo. Trestle Repaired; Schedule Resumed POIITLAND. Nov. 20. Tho tres tlo' washed out at Kennett, Calif., two days ago, has been, repalrod, and Southern Pacific trains aro practically back upon normal schedule ' M. A. Callagan ot tho Southern Pacific station hero, said this morn ing that the dolay of about six hours In tho arrival ot tho train from Woed last night was caused by tho washout at Konnett, but Hint tho train this ovonlng should nrrlvo on time. UULLKTIN NKW HAVKN, Nov. SO Hnr Vnnl lefiatod Yulo today, I) to O, scoring thrco field goals. N CHANGES ASKED I Ileluw Id nn excerpt from tlm ! tlmony of I'niil II. McKrp, vlre - pre - lilcnt noil general manager of llie ;iiiirornin-4n-Koii rower company, under I'lnmliiulliin of J. II. Cnriin liuu, t-rprrftenlnthe of the Amerlran Legion In tlio Link rher dam In quiry. This excerpt contain the crux of tlm nltunllon nn It remains after tlio hearing. The fllspulo iw rrwolvrd Into n difference, over Interpretation of tlm contract' Inn- guaffe. Tho extract from tlio testi mony show Ihn change that the Legion consider enncmlnl for the protection of the public nml tlm at titude of Ilia company regarding: (hem: Q: I would Ilka to submit to you a modification of paragraph 4 of tho contract ot February 24, 1017, modified to road as follows "The approach channels to tho reclamation sorvlco canals shall be deepened hy tho company at its own expense to tho satisfaction of tho secretary of tho Intorlor so far as neccsary to Insuro a flow of not loss than 1200 cubic feet per second dur ing Juno, July and August, nnd 1000 cubic foot por second st all other times Into tho Klamath pro ject main canal, and not less than 1020 cubic feet per second Into tho Keno canal, with water of tho lako at an elevation of 4137" That Is tho way it originally stood. Here is tho nmondmont. "Provided, howovor, that tho men tion of tho amounts of water speci fied In paragraph 4 of this contract htll not bo taken or deemed to limit the amount of water to which the United States Is entitled, or which it may uso or need by reaion ot tho water locations ot tlio water ot Upper Klamath lako or Klamath river or tho tributaries of either, any water locations heretofore made upon the waters ot said lako 'or Its tributaries by tho company notwith standing." A. Do I understand from that That you want to provide that theso physical feature are not to Inter fere with the government appropri ation? Q. Yes. A. Certainly yes. Thcro Is nothing to that. I don't think that Is ob jected to in the first place. I don't think It would strengthen It or In any way help It. Imt it necessary and tho proper parties sco fit to suggest it. it is all right. Q. And would your company likewise consent to amending para graph 7 so as to read as follews: "Tho company assume any and till liability tor damage to the prop erty or rights ot any person or cor poration or tho property orrlghts of tho United States or the stato ot Oregon duo to tho oporatlon ot said dam by said com pany, or to tho regulation, and con trol of tho lovels ot said lako by said company, and hereby under takes to hold tho United Statos harmless from any and all liability for damago due to such regulation and control, and to dike and protect tho lands of tho United Stutes bor- dcrlng on said luko"? a. Auso.uioiy inn. i niigui to tno committee mat mo uuruons unuer mis coniraci aro airuauy heavy enough, and wo cannot stand any more. (Note Paragraph 7 stands at present: The company assumes any nnd all liability for damages to, tho proporty "or rights of liny per son or corporation, cr the property i or rights of tho stato of Oregon, or of tho Iiulluns, duo to tho operation ot said dam by said company, or to tho regulation nnd control ot tho lovels ot said lako by said company, ASKS SUPPORT OF Follow Clttiens ot Klamath Coun ty In. splto ot adverse weather con ditions commondablo progress has been made thus far in tho Fourth Red Cross Holt Call. However. It has bocomo apparent that It our full homo sorvico program, n plan for work In our own county and among our own pooplo, Is to bo carried out as It should, Incrcasod funds will havo to bo raised so that evory local nood may bo met in n fitting man ner during the coming year. May I not request that thoso who have not already contributed to send B I lEII 1 'S REPLY - . and hornby undertake to hold the , United States harmless from any nnd all liability for dnmago duo to such regulation and control.) Q. Would you content to the amendment ot paragraph 10 to read a follews: "Nothing In thl agreement shall I curtail or bu In any wise conatruodlHan'0'' an'1 " consigned to Mar as curtailing tho rights of tho Unlt-l' n " f 'h". city. Yesterdoy Mr. cd States to tho waters of Upper u"6 ","td that anoth,r 'car ot Klamath lako and Its tributaries or &' f"". ""J"' of T " oat tho lands under or along tho margin U'd ' :Mh,H ",?? of tho lake. It Is further under-lhir. V. ?iL .iT ', '" Utt tnnit nml nr.,i i, .nrf .. i or h'PPrs this time to includo sov fid "".1 M"f?. br nnd bc.u"lernl moro farmers In addition to tho tho parties to this agreement that nono of tho waters of said lako or Its tributaries, or ot Klamath river, shall ho uied for power purposes whenever tho samo may bo needed, desired or required by tho United States, or any Irrigation or drainage district, persons or associations for tho Irrigation of lands In tho Lower Klamath lako area, tho Tula lako area, tho Upper Klamath lako urea, or tho lands upon tho Klamath In - dlan reservation. Including the Dig Marsh area upon oald reservation"? A. llcforo answering that qucs- Hon. I want to mako myself abio-:at IJalry. and Mr. Mowne bellevos lutcly clear, so there cannot bo any more work in that lino will begin misunderstanding. I stated In my soon, testimony beforo noon hour that tho! o vory language that you havo read Is my understanding of what that con tract means. Q. Why not put It In thore? A. Further than that wo are willing at such time as a properly constituted official ot tho United States government or anybody elso decides that It Is necessary to amend this contract to mako that "point clear, wo are willing to do It, but we aro not willing to cbango thl contract because any Individual anywbero bos a. particular notion about It based .oa a misunderstand ing. (Note Paragraph 10 stands at present v v'.tothlng In this agree' ment shall curtail orbo In any wise construed 'as'curtalllng the present rights ot tho United States to the waters of Upper Klamath lake and Its tributaries or of the lands under or along the margin ot the lako.) COXCItK-SHMAV KILLED IN AUTOMODILK CHAH1I lly Associated Press) LOS ANQELES. Nov. 20. While returning front a celebration ot his election as republican congressman, Charles F. Yandewater of Long Ileach and his secretary. Miss Jan- ness Leubcn, wero killed In an auto. mobile wreck early today. Mrs. Yandewater suffered a fractured skull. Alleged Murderer Apprehended Agatn ITiy Associated Press) IinOKEN DOW. Neb., Nov. 20. Deels Chester, alleged murderor of Florence Darton, King City society girl, who escaped from authorities Mnnrinv' nlirht hv lumntnr throueh n CIogei r.,n winiiQW. .hatterlnc the Mass. was nicked un todav about six rimes from Oconto, as ho was walk nR along a countyroad IIEHALI) OFFICE NOW ON K1C11TII ST., NK.1K MAIN Tho Herald otflco has been moved front Fourth strcot to tho now quarters on Eighth street be tween Main and Pine. All de partments aro now In tho new place. The phono number has not bcon changed It is still 88. RED CROSS TO THE their money to any ono of the banks In Klamath Falls, or to the Red Cross hoadquarters at tho Chamber ot Commorco? And to you who may have already answered to the Roll Call, may tho committee not depend upon you to support In a still more substantial 'manner tho boneflcent piirposoa ot tho Red Cross In this county? During tho tow romalnlng days ot tho Roll Call', let us all rospond gen erously, thus keeping up tho high record Klamath county won in tho past. Slncorely yours, FRED A. BAKER, Chairman N FINISH msf CAB OF GRAIN SRIPPED FR01 DAIRIE Tho first carload of grain over shipped over tho Strahnrn railroad was sent out from Dalir qn Thurs day by Francis 8, rtfwne, John Faught, Simon P.ogua and If. M. four who made the first shlpmont. Tho date of this shipment will depend somewhat upon the weather and tho resultant condition of the roads, as hauling to the cars at pretont would be extremely strenuous work. Damage by rain in bis district, said Mr. Ilowne, has been compara tively light, 200 acres of Trloy and oats in tho shock and some hay un- doubtedlr conrinr th mnt e 'damaKed cropi, Tbu wl not bo a total loss. Tles for fimh(Jr conllruetlon oa the Strahorn railroad have arrived IRK STARTED Construction started ttuy on the latcs addition to this city's growing number ot garages the new home of tho Dulck car which Louis Hoag land Is selling In this territory. "The gntage will be located at Seventh street and Klamath avenue, on the property now occupied by the Melstner blacksmith shop. The build ing will 'be erected, by J. O. Deards ley, owner of the lot. W. D.Mllr bat the contract tor cpnstructlon. Tho structure will be of briek"wlthr a full plate glass' front- Its area; Is 40x100. fronting on Klamath avenue. Tho front GO feet for the entire width. 40 feet, will be used as a sales room with tho entrance from Klamath. Tho rear CO feet will bo tho sorvlco department, with the entrance from tho Seventh street side. Mr. Hoagland has signed a contract 'with tho Dulck company assuring him a complete line of Rulck parts, and the new garage will bo ex clusively devoted to selling, handling and, repairing this popular make ot automobile Concentration upon the one type ot car will give tho public an ad vantage which they do not otherwise get the attention ot a specialist. From the time that he purchases his car the Dulck owner will bo assured ot good advice and fair treatment. If he gets In trouble he has the ser vice ot a Dulck specialist at his com mand and in the full line ot parts carried be Is always assured ot speedy repairs, no matter what mis fortune may overtake him. Mr. Hoagland expects his new quarters to bo ready for occupancy by the first ot the year If tho weath er Is favorable. In tho meantime he Is handling the Dulck ngoncy at the old stand, his temporary quarters In tho Whlto Pelican garage. m Eivauna Will Not Close Down Today It was currently roportod about town this morning that tho Ewauna box factory would closo down this evening, but Inquiry from tho fac tory this morning provod that the roport was hot true. It is possible, said C. F. Daggett, that tho factory may close down temporarily, but nothing definite in that regard has been decided upon. Further Inquiry elicited tho Infor mation that a goneral shut-down ot. box factories, mills and lumber yards was not Imminent, as rumor ed, although a short time would probably bring more deflnlto news. Prices on Hogs and Grain Are Smashed CHICAGO, Nov. 20. Grain prlco have been smashed and have gono downward all along tho lino. Prices on hogs and provisions are follow ing, Corn led, notwithstanding the fact that It was lower than It has been at any tlmo since 1915, the prlco dropping from $1,83 to less than 70 conts a bushel In less than five months. BIIICK GARAGE