Newspaper Page Text
IT. B, OVERSOW, Attorney at Law, President.
JOSEPH W. JACKSON, Vice President. '\..
Water User's Contract.
(Continued from page 4)
TJaera' Association is a corporation or
ganised and existing under the laws of
the fcitate of North Dakota, for the pur
poses mentioned in its articles of incor
poration and by-laws, a copy of which is
appended to this agreement and is, for
wvery purpose of the interpretation con
struction, and consideration of this
agreement and of the rights of the parties
hereunder, to be deemed, held, read,
and considered as if fully written out or
printed herein, and deemed a part here
Whereas the lands embraced within
the area proposed to be irrigated as de
scribed in said articles of incorporation
or by-laws ere naturally desert and arid
und incapable of proper cultivation
without irrigation, and will to a greater
or less extent remain unreclaimed, unfit
for habitation, and uncultivated, in
which condition they, or a greater part
thereof, now are, udImrs the waters of
the Missouri River in North Dakota and
its tributaries be impounded and the
flow thereoi otherwise regulated and
Whereas the said Secretary of the In
terior contemplates the construction of
certain irrigation works under the pro
visions of an act of Congrees entitled
•"An act appropriating the receipts from
the sale and disposal of public lands in
certain States and Territories to the con
struction of irrigation works lor the
reclamation of arid lands," approved
June 17, 1902, for the irrigation and
reclamation of the lands described in
the said articles or by-laws and
Whereas the incorporator!! and share
holders of said Williston Water Users'
Association are, and under the pro
visions of its articles of incorporation
and by-laws must be, owners and oc
cupants of lands in said area, and in
some cases are appropri&tors of water
for the irrigatiou thereof, and in addition
thereto such incorporators and share
holders and their successors or assigns
mu3t initiate rights to the use of water
Irom the said proposed irrigation works,
to be constructed by the Secretary of the
Interior as soon as such rights may be
initiated, and thereafter complete the
acquisition thereof in the manner and
upon the terms and conditions to be
prescribed therefor by the Secretary of
the Interior, which rights shall be, and
thereafter continue to be, forever ap
purtenant to designate lands owned by
such shareholders and
Whereas neither the rela'ive priority
nor the extent of the individual appro
priations of such water heretofore made
by said incorporators and shareholders
for the lands described in said aiticles
or by-laws, and which are now vested
rights, have been ascertained or de
termined, but said incorporators and
shareholders have agreed, among them
selves, by the terms and provisions o!
said articles of incorporation and by
laws, upon the rules and principles by
and upon which the relative priority
and the extent of their several appro
priations and vested rights to the use of
such waters stall be determined:
Now. therefore, it is agreed and under
stood bv and between the parties here
1. That if the Secretary of the In
terior shall authorize and jeause the con
struction of said irrigation works, the
said association will take-prompt action
to secure the determination by the
courts of the relative rights of its share
holders to the use of water for said
lands, and that in the determination of
such rights and of their respective rights
to the use of water acquired under said
act of Congress the rules and principles
set out in said articles of incorporation
Boyd's Livery Office,
Opposite Court House.
Responsibility of Stockholders, $50,000.
and by-laws, for such determination,
shall be deemed the established rules
and principles tor that purpose.
2. That only those who are or may
become members of said association un
der the provisions of its articles of in
corporation and by-laws shall be accept
ed as applicants for rights to the use of
water available by means of said pro
posed irrigation works.
3. That the aggregate amount of such
rights to be issued shall in no event, ex
ceed the number of acres of land capable
of irrigation by the total amount of
water available for the purpose, being
(1) the amount now appropriated by the
shareholders of said association, and (2)
the amount to be delivered from ail
sources in excess of the water no ap
propriated and that the Secretary
the Interior shall determine the num
bers of acres so capable of such irriga
tion as aforesaid, his determination to
be made upon due and expert insiders
tion ofallavailab'e data, and to be based
upon and measured and limited by the
beneficial use of water:
4. That the payments for the water
rights to be issued to the shareholder
of said association, under the provisions
oj said act ot Congress,shall be divided
into not less than ten annual payments,
the 6rst of which shall bs payable when
the watei is first delivered from said
works, or within a reasonable time
thereafter, and after due notice thereof
by Mie Secretary of the Interior to the
association,and that the st of said pro
posed irrigation works shall be appor
tioned «qu»lly per acre among those
acquiring such rights..
5. That the said Water User's Asso
ciation hereby guarantees the payments
for that part of the cost of the irrigation,
works which shall be Apportioned by
tire Secretary of the Interior to its
shareholders, and will promptly levy
calls or assessments therefor, and for
the cost of maintenance and operation
as may be assessed from year to year by
the Secretary ofthe Interio-, and collect
or require prompt payment thereof in
such manner as the Sec.etarv of the In
terior may direct that it will promptly
pay the sums collected by it to the re-'
ceiver of the local land office for the dis
trict in which said lands are Bituated
that it will promptly employ the means
provided and authorized by the said
articles of incorporation and by-laws for
the enforcement of such collections,
and will not change, alter, or atiiend its
articles of incorporation or bv laws in
anv manner wherebv such means of
collection, or the lien given to it by the
shareholders to secure the pnyment
thereof, or of any assessments contem
plated or authorize! thereby, sh'ill he
impaired, diminished, or rendered less
effective, without the consent of the
Secretary of the Interior.
6. That the United States shall in no
manner he responsible for the sums col
lected by said association until they
have been paid into the hands of the re
ceiver of the local land office, as pro
vided by the law, and in accordance
with such, regulations as may he pre
scribed bv the Secretary of the Interior.
7. That for the purpose of enforcing
said collt ctions, the association will
adopt and enforce proper by-laws, sub
ject to the approval of the Secretary of
the Interior, and not change them bo as
to^n anywise impair their efficiancy for
said purpose, and will otherwise do any
and all things it is authorized and em
powered to do in the premises.
8. That the association will adopt and
enforce scuh rules and regulations as it
is authorized by its articles of incorpora
tion and by-laws to adopt and enforce,
concerning the UBe of water by its
shareholders and concerning the ad
ministration of the affairs of the associa
tion, to effectually carry out and promote
Williston Implement Co.
Great Russell Thresher,
and carry a large stock of Plymoutk Bindiug Twine,
the best binding twine produced.
Also a large assortment of Plows, Harrows, Discharrows, Culti
vators, and Garden and Farm Tools.
Farm Wagons of Different Grade and Prices.
ALSO A FULL LINE OF—-
The Racine-Sattley Vehicles,
v.-,.'.-. ... ?.
The best carriages and buggies made.
articles of incor
poration and by laws, which rules and
regulations shall be subject to the ap
proval of the Secretary of the Interior,
and that if the association fail to make
and adopt such ruleB and regulations,
then the Secretary of the Interior may
prescribe them but in such event the
Secretary of the Interior shall impose
no rule or regulation inter'ering with
any vested rights of the shareholders o'
the association, as de6ned or modified
by said articles of incorporation and by
9. That persons who are not now
members ot the HfS'ciation, but who
may be the owner* or occupants of land
to he irrigated, as descrided in its aiticles
of incorporation or by-laws, or of added
lands as therein provided for and to
whom rights to the n*e of water from
the proposed irrigation works may be
issued by the United States, may, at the
designation of the Secretary of the In
terior, become members of the associa
tion np subscribing to toe stock there
of and upon compliance with the other
conditions prescribed for BUdh, member
10. That in all the rel itions between
the United States and this association
and the members of the assouintion, the
rights of the members of the association
to the u«e of water where the Bame
have vi-sted, are to be defined, de
termined, and njoyed in accordance
with the provisions of the said act of
Congress and of other acts of Congress
on the subject of the acquisition and ei
joyment of the rights to water and
also by the laws of the State of North
Dakota where not inconsistent there
with, modified, if modified at all. by the
provisions of the articles of incorpora
tion aud by-laws of said association.
11. That nothing contained in this
agreement, or to be implied from the
fact of its execution, shall be construed,
held, or deemed to be an approval by
the Secretary of the Interior, nor an
adoption by him of the articles of incor
porxtion or by-laws of eai.i association
in all their details us the form of organ
ization of water users contemplated and
authorized by Bec'ioi: 6 of the said act
of Congress of June 17, 1902, but such
approval and adoption is expreB9ly re
served until the conditions prescribed
in said act authorizing such approval
and adoption shall have arisen and that
when the Secretary ofthe Interior shall
make, approve, and promulgate ru'ei
and regulations for 'he ad minis'rat ion ol
the water to be supplied from said pro
posed irrigation works, such rules and
regulations and such modifications
thereof as the Secretary may from tipie
to time, approve and promulgate, shall
be deemed and held to be obligatory up
on this association as'ully and complete
ly, and to every intent and purpose a
if they were now made, approved, pro
mulgated, and written out in full in thin
agreement, and the same are to be so
read ami construed.
IN WITNESS WHEREOF the nn
dersigned have hereunto subccrib -d
their names and affixed their seals the
day and year first hereiu written.
Secretary of the Interior,
For and on behalf of the United States
of America, Party of the first part.
Party of the second
Williston, N. D.
R. M. CALDERWOOD, Treasurer.
E. R. BROWNSON, U. S. Commissioner, Secretary.
We are well acquainted with western North Dakota, every member of the this Company having lived there for a number of years. We have had a large amount of experience in the line of our
business, and believe that any business done through our office will be satisfactory. We want your business, and ask you to give us a trial See us or write us for
Irrigated Land. Hail Insurance. Filingp. Law work.
Land. Tornado Insurance. Final Proofs. Abstract*. •••-V'/V-1...
Improved Land. Farm Loanp. Commuted Proofr. investments.
City Property. Notary Public work. Collections. Any inforinntion von may desire about
Fire Insurance. Land Ottice.work. Conveyance?. this county.
If you want to buy, sell or rent Farm or City property, call and see us, or write us. List it with us. Lb us know if you want to borrow money on ycur farm or with which to make commuted proof. No delays-no bonus. W« are tne owners of the William* Caunh Aha»»«»
Company, the oldest Abstract Company in Williams county, and are under bonds to do our work accurately.
Union Block, Main St. Telephone No. 8. Address, WILLISTON I AND OO., Willlaton, 20*.
the purposes of its organisation, within
the provisions of
Explosions Injure Twelve.
New York, Feb. 12.—Twelve persons
were Injured, four seriously, in a se
ries of explosions of sewer and illum
inating gases." The first explosion was
in the basement of No. 46 West
Fiftieth street, and others followed
In quick succession for ten minutes,
shaking the houses within a radius
of four blocks, starting a panic in
several tenement's and blowing off nine
manhole covers in Fiftieth street be
tween Tenth and Eleventh avenues.
For Sale by
R.R.HOWELL & CO.
modern icKool, 9
tcachcra, 500 pupils, 150
MANDOLIN OR GlIITAH
E E I S O E A O E
With every instrument we include, free of charge, a Free Lessoi
Certificate, which enables you to secure either 50 or 100 lessons iby mail fron
the foremost correspondence institution in America. The only expense is fo
postage, stationery, etc.
ANYONE CAN EASILY LEARN TO PLAY THE MANDOLIN, GUITAE
OR VIOLIN BY FOLLOWING THIS SPLENDID
COURSE OF INSTRUCTIONS
Each lesson is illustrated by large photographs taken directly from life. Splendid ski'
as a performer is assured with the minimum of practice. These lessons are suited to ctiiUh-t
and young people as well as adults. Hundreds are taking advantage of this great ofle
Why not you?
Bargains in Mandolins, $5.00, $7.00, $8.00 and up Guitars, $5.00, $6.00, $9.00 and ur
Violins, $5.00, $7.00, $9.00 and up, and remember, as stated above, that with each instrumei
te include a Free Lesson Certificate without charge.
I MINNEAPOLIS CEREALCO.
Pavidson Quits Service.
Washington, Feb. 12.—"Opposition
In congress to an improved consular
service with permanent tenure of
office" has caused the loss to the con
sular service of one of its most effi
cient and experienced officers by the
resignation announced with regret by
the department of state of James W.
Davidson, consul to Antung, Man
churia, who, after a service of nine
years, retires because of his inability
longer to draw on his private income
to maintain tae const?!at?.
NOW IS THE
iton, N. 3.
Manufacturers, HHillllMpoliS, Mm.
TO EARN FROM $80 TO $175 PER MONTH
WE WANT YOUNfi MEN
For Firemen and Brakemen. Experlenceunneceaaary. I in
structions by mailto your home. High wages promotion guaran.
teed. Positions secured as soon as competent. Send to us to
day. Full particulars will be sent you at once-
NATIONAL RAILWAY TRAINING SCHOOL, INC.
BEWARE WE HAVE NO BRANCHES.
N. I24 Doston Clock. MINNEAPOLIS, MINN. S. A.
E S A I S E I S 7
S I O O O S O 5 A N E I E S A E I E S
E A E S A N O S E I A E E A E S II N E N O W E S
I E I A E A S E N S W IT E O I A S
Full eouric in Actual Buii
E, O. GREENUP, Eastern Represetiveant.
WILLISTON, NORTH DAKOTA.
Rook, Tubular, and
Well Auger Machines.
Pumps and Wall Supplies
We manufacture a full llae of up-to
date machinery. The best on the market.
Light running, the handiest to operate,
does the work to perfection. A money
maker. There is money in making wells
if you have the right machinery. It pays
to buy the best. Write for our Catalog
"A" and prices. It will pay you.
Experts pronounce the *I
Strongest and best of all wheat preparations. Contains
the highest percentage of Gluten. Richest in flavor,
natural creamy color, thoroughly sterilized, packed.
Best Breakfast Feed
A vales Me
la every peerage
•feip, Shorthand, Banking
Summer School Now.
Fall term Sept. 4. Cat
alog free. F.L.Watkini
IN ALL STYLES. Made
also on Buttons and
Stamps. Pictures en
larged, beautifully framed if desired.
All Kindt of Buttons and
Medallions at low rates.
Near Dept. I(ain St. Williston, N. D.
Above brhiiri on telt rib ot cattle hair
Bame brand on left shouMer.
County. N. 1).
Poatuffice address—Nesson, N. I).
flit- Hbovu brand on right bip of cattl*
Horses branded III and on lef
fostoffice address—Williston. N.
J. C. DWYER.
Notice i8Rivon that I own xnd conlro
all horses branded as above, 13 on lelt
shoulder, also 7.1 mrnbmpri on left
ahonlder, and O on right aiiouldet.
and O inside of on either hip. HOIMM*
ran it»» in William* and Allre Counties.
S. D., and Dawson County, Mout.
Address J. C. wykr, Williston, N. D.
J. ft. BELYEfl
Telephone No. 22.
WILLISTON. NORTH DAKOTA-
Do all work
Quickly and Neatly.
Hair Dressings Specialty
Razors Always Sharp.
Give a Call.
A 1 1 1 1 a a
R. H. COFELAND,
LAND OFFICE BUSINESS
Williston. North Dakota**