Official Newspaper
of Klamath County
VOL. XL
KLAMATH
REPUBLICAN.
KLAMATH FALLS, KLAMATH COUNTY, OREGON, FEBRUARY 7, 1907
RECLAMATION
CURTAILED
Lower Klamath Lake Will Not Be
Drained For the Present
IT MAY AFFECT MARSH LANDS
likely to exceed by a considerable amount pre­
vious preliminary estimates. The work of con­
struction will extend over a period of years,
and experience of the last few years has proven
that it is impossible to make reliable estimates
on work extending over a large period of time,
It is certain, however, that the acre coat both
for the So-Called upper and lower projects will
reach figures somewhere between $25 and $30 for
construction alone, , i.
x. e., exclusive of main-
tenance charges, and the Chief Engineer has
deemed it wise to authorize me to make this statement to
you at the present time.
Official Newspaper
of Klamath Cointy
NO. 45
COURTHOUSE
BILL IS DEAD
Attorney General Kills Measure by
Alleging Illegality
CITES SOME COURT DECISIONS
The board further outlined a plan for the continuous
construction and expansion of the project, the progress of
which is to depend to some extent upon the rapidity with
which the lands for which water is available are being
taken up and placed’under cultivation.
Very respectfully,
(Sd.)
’ D. C. IlENNY.
Supervising Engineer.
I
ing, legal acumen, or jugglery of words
bearing on the marsli laiul outside <>f
As a Result the Bill Will can make the fact otherwise. The mo­
Cost Per Acre Estimated the lake territory.
an obligation to pay money is vol­
Not Become Law and ment
to be Between $25 and When the Board of Engineers met
untarily incurred by a municipality
here last • ti tober, the Repiiblieaii was
Klamath County Must with no funds or assets in its treasury,
$30 an Acre--Engineer the only i>ii|s-i' in the county that pub­
nor current fund or revenue collected or
lished a statement of what its future
Go Without New Court- in process of collection, for the payment
Henny Gives Outline of ¡program would be. In that statement
of the same, that moment such obliga­
this pajier said that the marsh lands
house
tion must be considered in determining
Work
would not I.- leclaimed for many years.
its indebtednes, however carefully the
I hat there were many points bearing
law
or the contract under or by which it
Notwithstanding the probability that burden of this reclamation, but may-
Biff! And sprawling at the feet of the
I upon the question oi the availability ol
At the regular monthly meetingof the these lands that must first be settled, the Dover lake will ffi-t be reclaimed, later undertake the drainage tinder a Attorney General of the State is the was incurred may attempt to shift the
burden from the corporate entity to the
Klamath Water User's association, and until tins was done then reclama­
there yet remains a hojte that it will separate project, taxing the cost to that courthouse bill, done to death by legal taxpayers.’
which ocettred in this city last Saturday, tion must wait. There was no question
land alone. If this is the purpose of the technicalities. When the bill was sent
“The issuing of bonds is creating an
was rend a letter from Supervising En­ in the minds ol the memla-rs <4 the eventually be done. A“ «tated by Mr. Service, it is a wise one. A parallel to to Representative Merryman he called
gineer Henny, a portion of which is of i Board a. to the fertility of the soil ami Henny, this portion of the project was it is the Butte Valley project, which will the attention of the Attorney General obligation, and if it creates a debt in
most vital interest to the |H-ople of the many other well know n |»>iiits. but there cut out on ni-coiint of the excessive cost, in time lie brought under irrigation bv thereto and asked for an opinion, and excess of *5090. the act authorizing the
Klamath Basin. This portion has rela­ ' vet remained much to l>e learned, ami ft is quite evident that the Service is the Keno pumping plant, yet will not be 1 be got it, and wrapped up in a winding county to issue bonds is unconstitutional
tion to th«* draining of the Lower Klam­ until some actual demonstrations Here not inclined to place on the shoulders of connected with the Klamath project in sheet of legal phrases was the new and void, and any contract made in pur­
suance of such an act would be ultra
ath lake. Heretofore it was understood made, the reclamation work would have the Ian I owners higher up the entire point of cost.
courthouse bill. No ante-mortem ex­
vires and void.”
that the lower lake would Is- drained mid , to wait.
amination was necessary and no experts
thus bring under cultivation upward of
were called in to resuscitate the corpse.
Mr. Benny's letter is practically a
DROWNED IN
25,000 acres of lake bottom. Practically confirmation of the Republican story of TWO SESSIONS
The opinion had a disastrous effect
MERRILL.
all of this was government and would four months ago. It definitely settles
THE UPPER LAKE not only on the bill but also on the atn-
OF
COUNCIL
have come under the homestead act.
i bitions of a few would-be politicians.
the question oi expansion of the project,
Lost river is nearly at high water
lit Ins letter Mr. Henny states that putting it up to the people of the Basin
No sooner ba 1 the announcement been
Keno
Canal
Again
(joes
Over
Until
L. Jones Meets Tragic Death lnE(je (bat the bill was introduced than mark and still rising. The large amount
the area proposed to be irrigated has as to whether it will be pushed or move
of drift that is running has caused
the Next fleeting
l«en reduced 46,000 acres. Part of this along at a snail’s pace. If they put
Monday Evening.
a number of ears were placed on the
squads of men to be placed at each bridge
is the lower lake bottom, but there re­ their shoulder to the wheel and push
ground to hear if there was to be a to keep it clear.
"
main 21,(MX) acres not accounted for. the cultivation of the land that comes
The City Council held two Reniions
While engaged in an attempt to mend rumbling against the measure, ami when
Ralph
E.
Merrill
and
W.
F.
Barrows
While there has always been consider­ under water, then the Service will put ( this week, and at both discussed the
the first sounds were heard, straightway
able doubt as to the number of acres of its shoulder to the wheel and push the Keno canal franchise. It was thought a broken boom, J. I.. Jones, a logger in a petition wae prepared protesting went to Klamath Falls Wednesday to
the
employ
of
C.
8.
and
R.
S.
Moore,
was
.
marsh land that would be reclaimed by work.
Monday night that the franchise would drowned in the Upper Lake last Mon­ against its passage It is now up to the make tinal proof on their timber claims.
the promised drainage, thia change in
Regarding the cost of the project an lie passed, but Wednesday night it was day evening. He was about half a mile I j circulators to /old their tents and steal W. P. Rhoads accompanied them as a
witness.
the plans of the government increases important statement is made. Many passed over until the next regular meet­
from the shore, but owing to a heavy ; silently away until some other opportune »
that doubt and makes it practically ini- who have l»een criticising the Service ing.
Martin Bros, started their flour mill
time
arrives
for
the
execution
of
a
coup.
|K>esiblv to figure definitely on the ques­ have used for their argument that the j The Conger avenue grade ordinance fog that was prevailing he could not be
Like all such measures, this one was Monday morning and will continue to
seen
by
his
companion,
P.
Southwjrth.
j
tion. The nurnoer of acres approxi­ land is going to cost *40 an acre. This 1 was passed, establishing the grade pre­
—
1 grossly misunderstood, and misunder­ run throughout the week,
mately estimated was surrounded by a price was a garbled quotation of the viously agreed on between the property It is presumed he tipped over his boat i standing, the people generally believed
Dick Walsh, the traveling Salesman,
while
endeavoring
to
fix
the
broken
wide margin of swamp or marsh land Republican article. Mr. Benny’s letter , owners and the city when the side-
boom. When his cries for help were that it was an attempt to force the peo­ was in town Tuesday and Wednesday.
that no one could justly claim would t>e put an official figure before the people. walks were built.
C. T. Oliver of Klamath Falls was in
heard Rtmthworth hurriedly secured a ple of the county to stand for the erec-
available for agricultural purposes, for Basing the cost on the figures advanced
An anti-spitting ordinance was 8ub- boat that was nearby, but before be 1 tion of a new «. ou F i I mmmn against their town Sunday and Monday.
the reason that a few inches ol differ­ by him, the coat will not exceed *30 an ! mitted, but none of the members were
will. The publication of the measure in
The Midway Telephone Co. had a line­
ence tn the level of the lake and river acre, and may lie as low as *25. This ! inclined to father it and it was laid on reached the spot Jones had disappeared. last week’s Repulican had a quieting
His
body
has
not
been
recovered.
man
in this territory Saturday looking
would leave unreclaimed thousands of advance in the price is not due to the ' the table.
Mr. Jones was a resident of this city v effect for the provisions of the bill were after some trouble on the Falls line.
acres of this land. Now that the gov­ increased cost of the project through
The water company submitted a prop­ and was well known and highly respect t"_ ­ read and understood by a great majority
ernment has decided that the Lower mismanagement or avoidable mistakes, osition to sell a strip of land to the city
H. T. Anderson and wife have re­
They saw that the bill was not drastic,
lake will not Ire drained, the question but wholly and solely to the fact that 1 for *250. This strip is owned by this ed. He leaves a wife and eight chil­ arbitrarily providing for the erection of turner! from San Francisco where he
naturally arises as to bow many acres lalsir and everything connected with the company from its reservoir to Fourth dren, theyoungest being 18 months. The the courthouse, but left it entirely to the was summoned by a telegram annouc-
of the sup|s,M-d drained marsh land will construction of the project is higher 1 and High and is used as its right of way bereaved family has the deep sympathy discretion of the County Court. If ing the serious illness of his eon Herbert.
remain under water, ft is practically than when the original figure was made. ! for the pip" line. It interferes greatly of the community.
He reports bis eon much improved and
The deceased was a member of the there was sufficient opposition to the is able to resume his studies in school
certain that it will have an important
Mr. Benny’s letter follows:
I carrying out of the proposition, which
with a good deal of valuable property. local lodge of Odd Fellows.
this measure only permitted to be done at Santa Rosa.
The owners of this property have sub­
DEPARTMENT OF THE INTERIOR U. S.
Owen T. McKendree sold his band of
in case the county officials saw fit so to
scribed *1150 to pay their share of it,and
Teacher’s Examihations do, then this could be manifested at sheep to the Whitney Bros. Satuarday..
Reclamation Service.
it is now up to the city to meet its part. I
The bill was read twice and will lie up
Notice is hereby given that the I home where the situation was fully un­ Tom Colmes left for Dairy Sunday.
PORTLAND, Oregon, January 21, 1907.
for discussion at the next meeting of the county superintendent of Klamath derstood.
Klamath Water Users Association,
council.
county will hold the regular examina­ The opinion of the Attorney General A WEATHER BUREAU
tion of applicants for state and county follows:
c/o E. I. Applegate, Secretary,
“I have examined the bill authorizing
INLAND EMPIRE CLUB papere at Klamath Falls as follows:
Klamath Falls, Oregon.
the County of Klamath to vote and issue Established at the Republican Block
FOB STATE RAPERS
bonds in the sum of *75.000 for the pur­
Gentlemen:
by Heitkemper
Com mencing Wednesday, February pose of building a new court house, and
The New Organization Mill Soon
The Chief Engineer has instructed me to
13, at 9 o’clock a. m., and continuing am of the opinion that the legislative
Incorporate
until Saturday, February 16, at 4 p. m. assembly of the State of Oregon has no
If you want to know what the weather
advise you of some’of the main conclusions
Wednesday — Penmanship, historv. authority to authorize the County Court is going to be. just come to the Repub­
arrived at by a recent board of engineers who The regular monthly meeting of the spelling, physical geography, reading,
of Klamath County to issue bonds or lican block and And out. Here you will
Inland Empire Club was held in the
met in Klamath Falls October 20 to 23, so far temporary headquarters of that organi­ psychology.
the }>eople of said county to vote the And a whole weather bureau in com­
Thursday—Written arithmetic, theory same for such purpose. The constitu­ pact form, located between the Repul>
as such conclusions are likely to be of im­
zation last Friday evening and was
of teaching, grammar, bookkeeping, I tion of this state, section 10, article XI, lican office and Heitkemper’s jewelry
I
mediate interest to you, and I have the honor largely attended. Much routine busi­ physics, civil government.
provides: No county shall create any store. Mr. Heitkemper has placed a
ness was transacted. One of the im­
Friday
—
Physiology,
geography,
men
­
to make to following statement to you:
debts or liabilities which shall singly or barometer and three thermometers in a
portant actions of the meeting was the
tal arithmetic, composition, algebra.
in the aggregate exceed the sunt of five small cabinet, and if you will pay a little
instructing
of
the
Board
of
Managers
to
The board reported that present construc­
Saturday—Botany, plane geometry, thousand dollars, except to suppress in­ attention to the instruments you will be
purchase a billiard table to be installed
general history, English literature, surrection or repel invasion.
able to make a pretty fair prognostica­
tion work has been progressing favorably, but in the new headquarters.
school
law.
tion of the weather for twenty-four
that owing to a large extent to the greatly
The question of incorporating was
“Said section of the constitution has
FOR COUNTY PAPERS.
hours. If is does not work out to your
thoroughly
discussed,
and
it
was
the
been
construed
in
the
case
of
Grant
advanced cost of labor and material the act­
satisfaction, blame yourself, for it is not
Commencing
Wednesday,February
13,
unanimous opinion that such action
County v. Lake County, 17 Or. 453; Bur­
the fault of the instruments, nor Mr.
ual cost of the work has exceeded estimates
should be taken. Articles of incorpora­ at 9 o’clock a. m., and continuing uutil nett v. Markley, 23 Or. 440; Security
Friday, February 15th, at 4 o’clock p. m. Sav. & Trust Co. v. Baker County, 33 Heitkemper. The indications at this
tion
will
shortly
be
prepared
and
sub
­
made under normal market conditions by about
time are for fair weather.
mitted for the approval of the club. FIRST, SECOND AND THIRD GRADE CER­ Or. 338; Wormington v. Pierce, 32 Or.
35%.
TIFICATES.
This will bring to tbe organization fi­
606; Municipal Security Co. v. Baker
Wednesday — Penmanship, history, County, 39 Or. 396, and later in ease of
In regard to the areas likely to be ulti
nancial backing that it would otherwise
KENO ITEMS
orthography, reading.
be
unable
to
procure
and
will
enable
Brix v. Clatsop County, 46 Or. 223, in
mately irrigated under this project, the
the fitting up of rooms commensurate Thursday—Written arithmetic, theory which they all hold that creating in­
total area is somewhat reduced as compared
with the importance of the club and of teaching, grammar, physiology.
debtedness in excess of *5000, except ex­ A. Kinney has sold hie sawmill to
Friday—Geography, mental arithme­ penses which are necessary and forced Higgins A Co. The consideration has
the
section
it
represents.
with the reports of previous boards, and the
A committee on membership was ap­ tic, school law, civil government.
upon the county by operation of law, not been made known.
total acreage now figured on, including land pointed, consisting of F. E. Ankeny, J.
PRIMARY CERTIFICATES.
A large number of Kenoites went the
such as salaries of officers, etc., is ultra
at present irrigated, is about 190,000 acres, F. Croft and Harry Ackley, for the pur­ Wednesday — Penmanship, orthogra­ vires and void, and all of said cases sup­ Falls Monday to prove up on timber
pose of increasing the memliership of phy, arithmetic, reading.
port the language of the constitution claims. Among thoee who went were
the reduction being due partly to the prob­
Thursday—Art of questioning, theory and construe it in that way, and in the Brice McCormack and wife, Tom Mc­
the club.
of teaching, physiology.
able omission from the project of the bottom
case last cited, Judge Bean, in delivering Cormack and wife, Mr. Clinton and wife,
An adjourned meeting of the club will
Yours truly,
the opinion of the court, says, at page Mr. Shur and daughter, Ray Lamb,
of Lower Klamath Lake. This omission seems
lie held Monday night, the 11th inst.,
J. O. WIGHT,
231: ‘The assessment and collection of Henry Chapman, George Morgan and
and
as
matters
of
importance
to
the
desirable because of the excessive cost of
Co. S. Supt., Klamath County. a tax on the property of the inhabitants Mrs. Mills. All took passage on the
members of the club will lie brought be­
reclamation of this land owing to the exis­
of a municipality in the future - - in steamer Klamath.
fore the meeting it is important that
Grand
Ball
payment of an obligation incurred by
every
member
attend.
Rufus Moore spent a day or two look­
tence of very hard material in the bed of the
the municipal authorities, necessarily, it ing after his timber interests here.
The
new
headquarters
will
soon
be
I
river for many miles above Keno, which would
A large amount of rain has fallen in
ready and it is proposed to open them I The W. O. 5V. will give their regular seem to us, implies a debt or liability
have to be dredged.
It is also deemed de.
with appropriate exercise. For that Grand Annual Ball in the Houston against the municipality which the bold- , the past week and now the snow is ail
purpose a banquet will be served and opera house Friday evening, February er is entitled to have paid with money I gone, but mud galore.
sirable that the agricultural value of lands
the ladies entertained. It will be a 22. A cordial invitation is extended to » derived from taxation. A contract by it i
of this character be determined before con.
everyone to come and have a good time. to pay a certain sum of money in the
memorable occasion.
THE CONTEST
future with interest out of money to be
JAMES HUGHES,
siderable expenditures are made for their
thereafter
raised
by
general
taxation
H. P. SHIDLER,
If you have not tried the Midway
reclamation.
from all the people, whether the law be
The vote to date is as follows!
C. T. OLIVER,
blacksmith shop it will pay you to do
79
Tho board further found that mainly owing to so. Try it and see.
Committee on Arrangements. made at one time, covering that future, Miss Louise Sargeant...................
or had to be made yearly, is manifestly a Miss Stella Campbell............... .
74
change in labor nnd market conditions as above
42
10 yards dress gingham *1, the Brick
Dress goods of all kinds reduced, the debt or liability against the municipali­ Miss Archie Keesee...................
20
ty ; and no technical process of reason- Miss Ada Erb.............................
referred to the entire cost of the project is
Brick Store Co’s Saturday sale.
Store Co’s Saturday fale.
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