The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1914-05-16

the Harney Valley Improvement
Co. and the old Silvies River lr-
rigation Co. For this litigation
| was in no wise responsible.
The case dragged its slow, ex-
pensive way through the courts
and finally landed in the u. s.
Circuit Court of Appeals in San
Francisco. There were reams
a d reams of testimony on such
m ,ters as Orphan" dams and
dncn,S built in the night time;
now many loads of manure were
dumped at the East end Of the
Mole Fitzgerald headgate on the
School Nam" ditch on the 18th
day of Feb, 1908. Last Novem-
Der in rendering his d, cis.on, in
spite Of the true condiuOns being
purposely buried und + so much
JUNK. Judge Ross conceived the
idea, probably through legal in
tuition knowing with wnom he
had to deal, that there must be
some surplus water in the Harney
Valley. For, he argued, there
appears to be swamp and over
flowed lands within the p. l.. S.
Co. IS fields and the swamps and
marshes surrounding Malheur
Lake appear to be affected by
the spring run-oifs. The Judge
admitted that he was unable,
from anything before him. to de-
termined the amount of surplus
or who was entitled to its use.
He ordered the litigants to return
to Oregon and take advantage of
the very excellent method provi-
ded by the state for determining
water rights, and proceeded TO
quote. in his findings, about three
tourths of the provisions of our
water code. The alternative be-
ing TO make each claimant in the
a defendant and bring
him into his court.
Ii the state adjudication had
not been commenced prior TO that
time, would it not have been in
cumbent upon Mr.. Treadwell to
have initiated same in compli-
ance with said decree? In the
absence of some such proceeding
it would even have been impossi-
BILE TO correctly list all the claim
ants.
Why this strong aversion to
state adjudication? Has not the
State of Oregon always been a |
big Brother" to the Z. l.. S. |
Co? Has it not been most liberal
with its land? When it cancell-
ed the Hen" Owen swamp GER
tificates for fraud did it not re-
turn the 20c per acre heretofore
paid together with compound in
terest, until in some instances
the interest equalled or exceeded
the principal, and notwithstand-
ing that the company had the
use of the lands? What other
state. not barring old Arkansaw,
would permit a corporation to en-
close within one field u sections |
of land in the center of one of
It's best valleys. although its leg
islature had specifically reserved
a strip 60 fl. wide along each |
section for public road purposes?
Now. as | understand it this is |
the situation: Water Supt. Coch-
ran will be here in August to take |
testimony on the claims and pro-
tests filed with the Board. With |
three or four months of good |
steody work the Board should be |
able TO complete its findings and
issue its certificates. | believe
the individual user, generally |
speaking, is anxious for a speedy |
determination; Mr.. Hanley is out
stumping the state for the imme-
date development of its natural
resources; Mr.. Treadwell has
now gone on record as being in
hearty sympathy with the other
irrigators and as favoring an ir-
rigation system; | assure the |
people of the valley that | will |
cause no delay or unnecessary
expenses. Let us get all the
facts before the Board, and the
first thing you know the flood
waters will be taken care of and |
the misquito bogs will become
fine fields of grain and alfalfa:
the Harvey Valley will have a
railroad, and become one of the
most desirable sections of the
Northwest.
Respectfully.