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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