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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 2, 1903)
THE MORNING OREGONIAN, MONDAY, FEBRUARY 2, 1903. TO SAVE THE LAND Williamson's Revision of Irri gation Law. GUARDS POINTS NOW OPEN Reclamation Compnnlci Not to Get Immediate Possession of tlie Land Settlor to De Notified When i'alcnti Issue. SAIJ2M. Or.. Feb. L (Special.) Sen ator Williamson's till for tho amendment of the arid land law proposes a. number or radical chances In the law. Tho purpose of tho proposed changes Is to prevent the Irrigation companies from securing the exclusive possession of land for a num ber of years without carrying out the In tentions of the law. to prevent tho irri gation companies or other syndicates from securing the best of the reclaimed land and profiting' tf tho speculation, and to prevent delays In the construction of Ir rigation works. "While tho Williamson bill J In the form of an amendment, it really proposes what is in effect an entirely new arid land law. The new law. If It should go Into effect, would not alter th"e rights of Irrigation companies which have al ready secured contracts. Tho second section of the present law makes It the duty of the State Jand Board, upon application by some pereon or company to redeem arid land to make application to . the General Government for the land and enter into a contract for its reclamation, to create Jiens In favor of the irrigation companies Jor the cost of constructing Irrigation works, provided that the works shall be constructed without cost to the state. The second section of the Williamson bill is as follows, the new provisions. In sub stance, being enclosed In parentheses: Sec 2. The selection, management and dis posal of said lands (.ball be rested In the Etate Land Board. Upon applications made as hereinafter provided by any person, company, association or corporation dnlrlne to reclaim any of the desert Government land In this etate (and complying with all tho terms of this act and of the rules; requirements and regulations of the General Land Office and of the Secretary of the Interior, and of the State land Board, and the State Land Board being satisfied that such application Is feasible, and that It Is beneficial to the public Interest), It shall be the duty of the State Land Board, and they are hereby authorized and directed to znaVe proper application for the lands which said applicant undertake to reclaim, ar.d make and enter Into the contract or agreement with the Secretary of the Interior for the do nation and patent to the sate, free of cost The provision that the state shall not be liable for the cost of reclamation Is contained in a later section. 31 any New Provisions. Section 3 of the Williamson bill con tains a number of new provisions indi cated by the parentheses, but none of the essential provisions of that section In the present law are outlined. It is as follows: . Sec 3. Any person, company, association or oration constructing, baring constructed or Irrigation work to reclaim desert land under the crovlslons of this act, shall file with the State Land Board a request for the selection, oa behalf ot the State ot Oregon, by the State Land Board, of the land to be reclaimed, des- request shall be accompanied by a proposal to 'construct a ditch, canal or other Irrigation work necessary for the complete reclamation ot the land asked to be selected. The croposal hall be prepared In accordance with the rules ot the State Land Board and with the rules and regulations of the Department of the In terior and of the General Land Office. It shall state the source of water supply, the location and dimensions of the proposed works, the 'cost thereof, (the price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, said per petual water right to embrace a proportionate Interest In the canal or other Irrigation works, together with all rights and franchises at tached thereto or In any wise appertaining. 2a the case of Incorporated companies It shall Ute the same ot the company, the .purpose ot lis Incorporation and where Incorporated. w wuw uuu jjiacca ol resioence oj lis di rectors and fiffleers. lh. flnwtinl nf itm ntithnr. lied and its paid-up capital, and its' available assets above all liabilities, and such other tacts as will enable the State Land Board to .determine the financial ability of such corpo ration to carry out the proposed undertaking. If the applicant be a natural person, company or association, the proposal shall set forth the name or Tiam nf ffe mrt - ..n I m..A their several residences; and such other tacts as wilt enable the State Land Board to de termine bis sr ibelr financial ability to carry out the crODOied undertaklce-. x rrfld than 3000, as may be determined by the - - - .nil. v-nv uui UUMV 6tate Land Board, shall accompany each such request and proposal, the same to be held as," a guarantee ot the execution of the con tract with the state In accordance with Its terms by the party submitting such proposal, and also to reimbursethe state for an' out lays or expenditures made by It relating to such proposal la carrying the same forward according to the terms of this act, and In case of the approval of the same and the selection ot the land by the Stale Land Board, and to be forfeited to the Mate In case of failure of said parties to enter Into a contract with tb stats In accordance with the provision ot this act. The application shall be accompanied by a sufficient sum of money to pay Land Of 1 fles fees, engineer's fees and traveling ex peases, and such other fees and expenses as the State Land Board may require.) Such pro posal shall conform to the rules and regula tions oitne Secretary ot tee Interior, the Land omce and the State Land Board. -uca proposal aaau oe accompanied oy tripli cate lists of the legal subdivisions of tho land proposed to be reclaimed, together with tripli cate cqples of the field notes ot the surreys contemplated by this act, or required by the Secretary of the Interior, General Land OBce - or the State Land Board. Such proposal shall ;&lso be accompanied by triplicate maps and tri plicate plans showing the location and .dimen sions of the proposed work, each to be drawn on tracing linen, and drawn on such a scale . sis clearly to show and indicate all desir able Information, such scale to be not great er than S0O feet to the Inch! All such pro posals and accompanying papers shall be ac companied by affidavits required of engineers and such other details as are or may be re quired by the Secretary ot the Interior. Gen eral Land Office or tho State Land Board. (Such proposal shall also be accompanied by as" abstract showing the various water rights and' by whom owned, and also the riparian .proprietors and the extent ot fir rlrhts along tho stream from which the water Is -proposed to be diverted for the purpose ot nca irrzgauon, ana ue amount or water available over and above that ot such water rights and that of the rights of riparian own- era, for the purpose ot carrying out such pro posal.) There shall be submitted by said ap plicant statement, ot the amount ot water or reservoirs required by the plan of n. mvmcsi -iTtlll Itvirla wt cslaotsJI V. state, such applicant shall file separately application for right of way over such 1891. ot the laws of the United States (20 be dose to enable the State Land Board elect these lands without cost to the Said application for a contract shall system of Irrigation and the annual Time Limit Fixed. , Section 4 of the present law makes It n uuiv ui mi uuiuu lu ciiLci tutu a. luii tract for the reclamation of tho land, and to fix the amount of the lien which the company shall have for reclamation. It also provides that construction of the irrigation works shall bo commenced within six months after the signing of the contract, and be prosecuted with reas onable diligence. Ten per cent of the cost of reclamation must be expended In the first year. The company's Hen Is to draw 6 per cent interest until satisfied. The new bill makes numerous changes In this section, as will be seen: Sec 4. (The State Land Board shall, upon receipt ot such proposal, cause the same to be examined by its clerk or the Attorney-General and ascertain It It complies with the rules and regulations of the Department of the Interior, the General Land Office, the State Land Board and ot this act If It does not. It Is to be re turned for correction: but If It does so com ply. It shall be submitted to some compe tent engineer to be designated by the State Land Board, who shall examine the same and make a written report to the board, stat ing whether or not the proposed works are feasible; whether the prepared diversion cf the publlo water of the etate will prove beneficial to the public Interest; whether the rroposed diversion of water will interfere with existing water rights and the rights of ripar ian proprietors, and. If so, to what extent: whether there Is sufficient unappropriated water in the source of supply, and whether or not a permit to divert and appropriate water through the proposed works is approved by hlmt whether the capacity of the proposed works Is adequate to reclaim the land de scribed; whether or not the proposed cost of construction Is reasonable, and whether or not the maps filed comply with the reaulrements. rules and regulations or the Department of the Interior. General Land Office. State Land Board and of this act; al whether the lands proposed to bo Irrigated are desert la char acter, and such as may ba properly set apart under the provisions of the aforesaid act of Congress and the rules and regulations of the Department of the Interior thereunder: and whether or not such proposed plau of irriga tion embraces all lands properly reclalmab'.e from the source at the point" from which such water Is proposed to be appropriated. When ever such engineer shall be unable, from an examination of the maps and field notes sub mitted for his examination, to determine wheth er or not the proposed Irritation works are feasible and adequate, whether or not the proposed cost of construction is reasonable, or better or not the proposed diversion of the public water Is beneficial to public interest, and whether or not tho lands proposed to be irrigated are of such a character as to come under tho provisions of the aforesaid act cf Congress, or any other matter, the State Land Board may direct such engineer to make or cause to be made by some qualified assistant ouch survey or examination as will enable htm to report Intelligently thereon to the board. Upon receipt of the report of such engineer the State Land Board shall take up such pro posal for Its consideration. In case of the ap proval by tho board of such proposal, rhe State Land Board shall file in the local land office a request for the withdrawal ot the land de scribed In said proposal. When requests and proposals are not approved by the State Land Board, the board shall notify tho parties mak ing such proposal ot such action, and the rea sons therefor. The parties so notified shall have 60 days In which to submit a satisfactory proposal, but the State Land Board may, at Its discretion, extend the time to six months.) Upon the withdrawal, of the land by the De partment of the Interior. It shall be the duty of the board to enter Into a contract with the lrty submitting the proposal (which contract shall contain complete specifications of the lo cation, dimensions, character and estimated cost of the proposed ditch, canal or other Irri gation work; the price and terms per acre at which such works and perpetual water rights eball be sold to settlers, the price and terms upon which the state Is to dispose of the land to settlers: provided, that such price and terms for Irrigation works, water rights and for lands to be disposed ot by the state to settlers, shall In all cases be reasonable and Just. This con tract shall not bo entered into on tho part ot the state until the withdrawal of these lands by the Department ot the Interior and the fil ing of a satisfactory bond or undertaking on tho part of the proposed contractor for irrigation works, which bond or undertaking shall be In a penaj sum equal to 5 per cent ot the esti mated cost ot the works, and to bo conditioned for the faithful performance ot the provisions ot tbe contract with the state. No contract shall be made by the board which requires a greater time than five years for tho construc tion of the works) and all contracts shall state that the work shall begin within six months from the dato of the contract; that construc tion shall be prosecuted diligently and continu ously to completion, (and that a cessation of work under the contract with tho state for a period of six months, after the second year, will forfeit to the state all rights under said contract). Reclaimer Mast Wait. Section 5, of tbe present law. relating to the application to the Government by the state for tho land to be reclaimed, la left unchanged. Section 6, -which gives tho reclamation company exclusive possession of the land from tbe date of the contract. Is prac tically abrogated. Tbe remaining sections of the present law provide that the water rights shall be appurtenant to the land, subject to the right of the irrigation com pany to reasonable annual charges for the use of water; that persons wishing to take arid land covered by contract shall se cure a receipt showing that the com pany's Hen has been satisfied, whereupon the State Land Board shall Issue a -deed thereto. The new sections add many new features, the most Important being the provisions that the money must be paid to the State Land Board; that deeds will not issue until after three years' resi dence, and reclamation of not less than 20 acres of the land. The remaining sec tions do not correspond with sections of the present law, and the parentheses merely call attention to the most im portant new provisions; Sec 7. Nothing in this act shall be construed as authorizing the State Land Board to obligate tho state to pay tor any work constructed un der any contract, or to hold the stats la any way responsible to settlers for the failure ot contractors to complete tho work according to the terms of tbelr contract with t he-state. (Im mediately upon tho withdrawal of any land for the state by the Department of the Interior and the Inauguration of work by the contractor. It shall be the duty ot the State Land Board, by publication once each week. In one newspaper ot the county In which lands are situated, and In one newspaper at the state capital, for a period of four weeks, to giro notice that said land is open for settlement: the price for which said land will be sold to settlers by the state, and the contract price at which settlers can purchase perpetual water rights.) Any citizen ot the United States, or any person having declared his Intention to become a citi zen of the United States, over the ago of II years, may make application, under oath, to the State Land Board, to enter any of said land in any amount not to exceed 1C0 acres for any one person; '(and such application shall set forth that the personleslrlcg to make such entry does eo for the purpose ot actual reclama tion, cultivation and settlement In accordance with the act of Congress and the laws of this state relating thereto, and that the applicant has never received the benefit ot the provisions ot this act to an amount greater than 169 acres, including the number of acres specified In ths application under consideration. Such application must bo accompanied by a certified copy of the contract for a perpetual water right, made and entered Into by tbe party malting application, with the person, company, association or corporation who have been au thorized, by the State Land Board to furnish water for the reclamation ot said bind; and If said applicant has at any previous time en tered lands under the provisions of this act. he shall so state In his application, together with description, date of entry and location ot said land. He shall further state that said application Is not made, either directly or In directly tor ths benefit of any&ther person or" persons whatsoever.) The board shall there upon file in its office tbe application and pa' pers relatlnr thereto, and. If allowed. Issue a certificate of location to the applicant. (All applications for entry shall be accompanied by a payment of 25 cents per acre, which shall be paid as a partial payment on the land. It the application Is allowed; and all certificates when Issued shall be recorded In a book to be kept for that purpose. If the application Is not allowed tho 3 cents per acre accompany ing it shall be returned to the applicant; pro vided, that where the construction company falls to furnish water to any settler under tho provisions of his contract with tho state, tho state shall refund to said tattler all pay ments that he shall have mads to tho state. The board shall dispose of All Vials accepted by the state under the provisions of this acf at a uniform price of dollars per acre, the residue of which is to bo paid at tho time ot rn filling final proof by the settler. Within one year after any person, company or corpo ration authorized to construct Irrigation works under the provisions ot this act shall have noti fied the settlers under works that they are pre pared to furnish water under the terms ot their contract with the state, the said settler shall cultivate and reclaim not less than one sixteenth part of the land filed upon, and within two years after the said notice, tho settler shall have actually irrigated and culti vated not less than one-eighth of the land filed upon, and within three years from the date of said notice the settler shall appear "before the County Clerk or Clerk of the County Court, a Judge or Clerk of tho Circuit Court, or United States Circuit Court Commissioner, to be des ignated by the State Land Board within tho state, and make final proof of reclamation, settlement and occupation, which proof shall embrace evidence that he has a perpetual wa ter right for his entire tract of land sufficient In volume for the complete Irrigation and reclamation thereof; that he Is an actual set tler thereon, and has cultivated and Irrigated not less than 20 acres of said tract, and such proof further. If any, as may be required by the regulation of the Department of the In terior, the General Land Office, or of the Stat Land Board, All proofs shall be accompanied by tho amount due upon said land, and on the approval of the same said proof shall be for warded to the Secretary of the Interior with a request that a patent to said lands be Issued to the state). Notice to the Settler. Bee 8. Upon the Issuance of a patent to any land by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the State Land Board to execute a deed to said lands from th, "a,e to ,ho "tt,cr- The water rights to all lands acquired under the provisions of this act shall attach to and become appurtenant to tbe land as soon as title passes from ths United States to the state. Any person, com pany, association or corporation furnishing wa ter for any tract of land shall have a first and Trior Hen oa said water right and land upon which said water Is used, for all deferred pay ments for said water rights; said Hen to be In all resoecta erior to any and all other liens created or attempted to be created by the own er or possessor of said land: said Hen to re main In full force and effect until the last deferred payment for the water right Is fully paid and satisfied according to the terms of the contract under which said water right was ac quired. The contract for the water right upon which the aforesaid Hen is founded shall be recorded In the office of the County Clerk of tho county where said land Is situated. That upon default of any of the deferred payments secured by any lien under the provisions of this act. the person, company, association or corporation holding or owning said Hen may foreclose the same, according to tho terms and conditions of the contract granting and selling to the settler the water right by a suit In equity brought la the county where such land Is situated. Where tho Hen holder becomes tbe purchaser at such foreclosure sale. If such lands and water rights are not redeemed by tho original owner within the time limited by the laws of Oregon for the redemption thereof under sales thereof under execution or by de cree under foreclosure proceedings, then at any time thereafter within six months after the expiration of such time, any person desiring to settle upon and use such lands and water rights may apply to the purchaser at such foreclosure sale to redeem such land and wa ter rights, and such purchaser shall assign the certificate of sale of such land and water rights to tho person desiring to redeem the same, upon the payment by him. of the amount of the Hen for which the. same was sold at such foreclosure sale, together with legal Interest costs and fixed charges thereon. Thereupon such person, shall bo entitled to a deed to such RECORD OF THE OREGON LEGISLATURE Bills Passed by the Senate. S. B. 3. by Marsters To provide for death executions at State Penitentiary. S. B. 10, by Btelwer To regulate) carriage of sheep by express. B. B. If, by Mays Classing bicycles with horses In the' law to punish larceny. 8. B. 21, by Hunt To make Boys and Girls' -Aid Society a place of commit ment tor truants and Incorrigible, and for an appropriation therefor. '8. B. 27, by Smttn ot Slultaomah To create a State Board ot Health. S. B. 31, by Crolsan To prevent stock running at large In Marlon County. S. B. Si, by Sweek To provide manner of proving existence ot foreign, corpora tions. S. B. 37. by Myers Giving crematories same exemptions as cemeteries. S. B. 41 To permit state fair board to control Its own printing. S. B. Co, by Booth For protection of forests from fire. 5. B. 61, by Hobson Relative to transfer of convicts to Insane asylum. E. B. 62, by McGinn To prohibit child labor under, certain ages. 6. B. 37, by Myers To define the rights of riparian owners. S. B. 63, by Kuykendall Relating to transportation ot children to country schools. S. B. 69, by Kuykendall For the consolidation of country schools. 7 " " S. B. 73. by Daly Relative to examination ot commercial fertilizers. 8. B. 78, by Daly To require that schools be kept open not less than four months In each year. S. B. 80, by Smith, ot Umatilla To amend liquor license law. 5. B. 81, by Pierce To appropriate $20,000 for Eastern Oregon Agricultural Experiment Station. 6. B. S3, by Smith of Yamhill Relative to condemnation ot public roads for telephones and telegraph lines, v I B. B. S3, by Crolsan Amending Third Judicial District Circuit Judgeship act, S. B. S3, by Smith of Umatilla To require hair brands on cattle driven from one county to another. S. B. 86, by Smith of Umatilla Relative to Issuance ot certificates for practice of medicine. S. B. 07, by Srflwer To require peddlers to pay license fees. S. B. 101. by Carter To provide for tax levies for libraries In cltlto. E. B. 102, by Daly Providing that state shall carry Its own fire Insurance. 8. B. 109, by McGinn To authorize cities to appropriate water rights. S. B. 116, by Wehrung To authorize counties to appropriate money for adver tising purposts. " ' 8. B. 110, by McGinn Authorizing construction ot suspension bridge at Oregon City. S. B. 121, by Myers General county seat removal enabling act, S. B. 139. by Carter To fix traveling expenses Jackson County School Superintendent- y 8. B. 172. by Brownell To repeal Clackamas County Commissioner act. S. B. 17. by Brownell Fixing salary of Clackamas County Judge at 11200 per annum. Incorporation acts: North Powder, Bourne, Dufur. New Astoria, Prlnevllte, McMlnnvHle. Baker City. Hills Passed by tbe House. IL B. 1, by Malarkey To appropriate $500,000 for Lewis and Clark Fair. H. B. 6; by Davey To amend Third Judicial District Judgeship act, IL B. 3, by Davey To provide four terms of courv In Third District, IL B. 8, by Phelps To prescribe method of constructing fences la Eastern Or egon, IX. B. 10. by Riddle Regulating titles of Insurance companies. IL B. 18 (substitute) To punish bribery In political conventions. IL B. 24. by Reed Relating to proving of official documents. IL B. 0. by Cobb To require street-cars to bo provided with fenders. H. B. 42, by Banks Relative to exemptions In earnings of judgment debtors. IL B. 46, by Judiciary committee For investment of state school funds In school bonds. IL B. 47, by Kay Relative to garnishment proceedings against public employes. II. B. 49, by Banks Relating to execution and acknowledgment of deeds la foreign countries. IL B. 31, by Hale-Relative 'to salaries of certain Josephine County officers. H. B. 87, by Nottingham Relating to pay for patients In Insane asylums. H. B. C2 (substitute) Relative to plats for surveys In counties. IL B. 04, by Burleigh To change time 'for holding county court In Wallowa and Harney Counties. IL B. "3, by Eddy To provide that statute ot limitations shall not run against the state. H. B. 78. by Whealdon To authorize City of The DaHea to Issue additional water bonds. IL B. SO, by Phelps To regulate election of Road Supervisors. H. B. S3, by Galloway For library tax of 1-5 mill. IL B. 01, by Burgess To create Stockman County. H. B. 04. by Phelps Regulating Deputy District Attorneyship of Sixth Judicial District. IL B. 102, by Hahn To give boat pullers and others preferred Hens on fish, H. B. 106, by Hale To reimburse W. IL Hampton for school land purchase. IL B. ICC, by Hale Renewing $1000 limit In damage cases arising from death by wrongful act. H. B. 109, by Both To relocate county seat of Columbia, IL B. 114, by Hutchinson To regulate barbers. H. B. 117, by Burleigh Relating to pay of Wallowa County official. IL B. 123. by Eddy To change time of fixing tax levies. IL B. 141, by Both Fixing salary of Columbia County Judge at 11000. IL B. 164. by Banks Relative to proving of official records In foreign countries. IL B. 170, by Davey Making salary of Assistant Penitentiary Warden $1200. II. B. 1S9. by Uayden To authorize flames oa county roads. Incorporation acts: Clatskanle. Sublimity, Rainier. Dallas. Merrill. Wasco. ( Wlllamlna, Falls City, North TamhUl, Ontario. Huntington. Bills Passed by Both Houses. IL B. 137. by Hermann-To fix certain salaries In Coos County. The following charter bills: Adams, Lexington; Coqullle, Bandon, Ashland, Cornelius, Milwaukle, Stayton. Eugene, Salem. Elgin. Enterprise. Myrtle Creek. Signed by tbe Governor. ' H. B. 1, by Malarkey To appropriate $300,000 for the Lewis and Clark Fair. H. B. 68. by Fisher For a Oreboat at Portland. S. B. C4. by Marsters To create Irreducible school fund for Douglas County. IL B. 77. by, Cornett Authorizing construction of a free ferry at Harrisburg. IL B. 101. by Reed Portland charter bill. H. B. I0S. by GUI To levy tax n Multnomah County for support of library. Charter bills for CorvalUs. Alamo and Tbe Dalles. . , land and water rights. If tho land and water rights shall not be redeemed br anx. cerson within the time and In the manner hereinbe fore provided. It shall be tho duty of the Sheriff, upon Dresentatlon of the certificate of sale by the original purchaser to Issue a deed to such purchaser. Where such land and wa ter rights are not purchased by the Hen holder of such foreclosure sale. It shall be tho duty of the Sheriff to first say the Hen holder out ot the proceeds of such sale the amount of tho Hen. together with all interest, costs and fixed charges thereon, and to pay any balance re maining to tho person against "whom such Hen has been foreclosed, and for his services In such cases the Sheriff shall receive tho same tees as are provided by law In civil cases. State to Keep Record. Bee 0. The maps In the office of tho State Land Board of the land selected under the provisions ot this act shall show the location of the canals or other Irrigation works ap proved la tho contract with the State Land Board, and all lands filed upon shall be subject to the rights ot way of such canals or Irriga tion works, bald right of way to embrace the entire width of the canal, and such additional width as may be required for Ita proper open.' tlon and maintenance, tho width ot ths right of way to be specified In the contracts pro vided for la this act. Tho State Land Board shall provide suitable rules for the filing of proposals ror constructing Irrigation works, and for the entry of and' payment for the land by settles, and for tho forfeiting of entry by settlers upon failure to comply with the pro visions of this act. There stall be kept la the office of the State Land Board, for public In spection, copies of all maps, plats, contracts for the construction of Irrigation works, and ot the entries ot land by settlers. (It shall re quire from each person, company, association or corporation engaged In the construction of irrigation works under the provisions of this act, an annual report to be submitted to the board, on or before November 1, of each rear. This report shall show the number of water rights sold, the number ot users of water un dcr said Irrigation works, ths legal subdi visions of Isnd for which water Is to be fur nished, the names ot the officers ot the com pany, the acreage of land which tho said Irri gation works is prepared to supply with water. and such other data as the State Land Board may see fit to require. The rules required br this section may be waived In the case ot Irri gation works being constructed by a person, colony or association ot persons to furnish wa ter for land settled upon and being reclaimed by themselves). Sec 10. The State Land Bbard shall pre scribe the duties ot all Its employes and shall collect the following fees: For filing each ap plication, si: for filing each final proof. 11 for Issuing each patent. XI; for making certi fied copies of records. 10 cents per folio. The money collected for fees shall be paid to the Statu Treasurer and by him credited to tho general fund of the state. All suits or actions brought by the State Land Board shall be In stituted by said board In tbe name of the State of Oregon. That all moneys derived from tho sale ot lands under the provisions ot this act by the State Land Board shall be deposited with the State Treasurer and bo held In trust and as a trust fund for and to be applied to tbe reclamation of other desert lands la this state. Arrested in n Hospital. DETROIT. Feb. 1. Alfred P. Shambc leau, aged Co, ex-treisurer ot Kent Coun ty, Ontario, who it Is alleged is Wanted on warrants charging theft and forgery In connection with a shortage In tho. county funds of About JH,w, was today placed under arrest at Grace Hospital, In this city. ALL THE FENCES MUST GO IX CROOK COUNTY 30,000 TO 40,000 . ACRES WILL BE OPENED. Government Land Fenced In Connec tion "With Wagon Road Grant Cattle and Sheep Fight. PRINEVILLE, Or.. Feb. L (Special.) The order for the removal of fences from Government land Is causing considerable indignation In the Eastern part of the county. The majority of- the stockmen blame W. W. Brown for It. As near a3 can be learned Brown could have saved himself and many other stockmen a large amount of money as well as pasturage by complying with the first order from the Interior Department, but he was not satisfied to let well enough alone, and so Informed the Government agent that he had a lot mora land fenced, and in con sequence he was ordered to take it all down. This order raised Brown's Ire, and he began complaining on his neighbors, and the result will be the opening of per haps CO.CO) to 40,000 acres of Government land that has been fenced up. The great est loss will fall on Mr. Brown, who will be required to remove 100 to 200 miles of rence. As a great deal of this fencing has been done by cattlemen. It will be seen that they will be the losern. and It will leave a lot ot range open to the public that win De fought for by the sheep that como in from outside points every Summer. Should this be the case, there Is a strong probability that a large number of Brown's sheep will go the way of others tnat have como In tho way of the-cattle men of that section and, as Brown has large bands ot sheep that will be ranged in close proximity to a great deal of the land that has been thrown open, and is looked upon by the cattle-owners as tne cause of the opening of the fences. he will naturally be the object of their vengeance. Much of the land that has been under fence Is but poor pasturage at best, but. It being easier fenced than left outside, many of the stockmen have Inclosed it with their own premises. Ono reason that so much of the land in this county has been Inclosed is that a large area of "road land" has been leased by the stockmen. and. It being in nlternato sections, there has been a tendency to Inclose all the land within the boundaries of the road land so as to form a square or other solid body of land, thus taking a much less amount of fencing that would other wise be required. While those who have done so are fully aware that they rere inclosing uovernment land to which they had no right, they have never In any way opposed any one in settling within their lnclceures who desired to take a home stead or other claim. In this they have differed widely from the cattle barons of Northerfl California and Nevada, where it was as much as a jnan'o life was worth to attempt to take a homestead In side of one of the great lnclosures with out first promising to sell to the cattle man who had the land under fence. GOSSIP OF THE CAPITOL. Oratory in the LcglslatureThoic Responsible for Hills. SALEM, Or. Feb. L The Senate lost one of its best debaters when it elected Sen atdr Brownell President. Brownell Is easily the most entertaining speaker of the Senate. There are a goodly supply of debaters on the floor of the Upper House, however, for epnt)tnPa 'Ciitnn r..ii... McGinn. Smith nf VnltTinmnh T.-.,,.l.-. dalL Booth. Mays, Miller and Pierce are outside me nails of legislation as well AS InftMA fnr thlr nTittlf., n,.t.liH w ---. tiwiu, no iuuuu speakers. Some of the new members havo not bad. an opportunity yet to demon strate their power in the forensic arena. It has been a long time since Marion County had an orator in the State Sen ate. The delegation from that county consists of Senators Crolsan. Farrar and Hobson. Neither Crolsan nor Hobson can make a speech. Farrar has never been considered much of a speechraaker, but when he announced his chanee nf vntn nn the Senatorship, a few days ago, his state ment or nis reasons for doing so was pro nounced a very commendable effort In the way of a public address. Nevertheless, he cannot bo classed as an orator or ready debater. At the last two sessions Marion County -was represented . by Senators Looney and Adams, neither of whom could cover themselves or anvbodv else with glory by their speeches. Their pre decessors were Hobson, Gesner and Pat terson, all of whom displayed their rrreat- est eloquence when they were silent. tiut iiorion county has been ably repre sented In the Upper House of tho Legis lature, notwithstanding the lack of or atory, in Judgment and political sagacity. senator Kootn Is tho ble business man of the Legislature. Besides being one of the most active men In legislation, he Is leading Fulton's Senatorial fight and at tends to enough private business to keen a private stenographer busy most of the time. Almost dally during this week he has met prominent sawmill men or timber men. and has made deabt which seem small to htm, but large to the ordinary person. The annual meeting of the board of directors of the Booth-Kelly Lumber Company was held at the Capitol today, and In anticipation of the formal meeting a. number of preliminary meetings were held. A3 all the committee rooms were occupied, the board of directors held their meetings in the lobby. Gathered in a lit tle circle, with a throng of people passing back and forth around them, they trans acted business for the largest lumber com pany In the world. When they held a pri vate meeting this afternoon, they elected Frank H. Buck, president: John F. Kelly, vice-president: J. H. Booth, secretary: R. A. Booth, treasurer and manager. Lane. Douglas and Josephine Counties may well feel proud of being represented in tho State Senate by the manager of the larg est lumbering company In the world. Senators Kuykendall. Fulton. Mulkey and Daly are the literary critics of bills In the Senate at this session of the Legisla ture. With the exercise of the best of care by enrolling or engrossing clerks, eirors will sometimes creep Into a bill. It Is seldom that a bill, if read In full, gets through the Senate with a sor(ous flaw In the language. One of theso Senators Is almost certain to notice the mistake. At tbe last session Senators Smith of Baker and Josephl of Multnomah also distin guished themselves by their careful atten tion to the language used in bills. This is work that the outside world never hears about, but it Is of incalculable value to the state. An inspection of the printed calendars shows that Representative Davey has the Ayers 'Sarsaparilla To know all there is to know about a Sarsapa rilla,take Ayer's. Your doctor will say so, too. He orders it for pale, thin people. Tested for 60 years. X.C.AyorCo.. Lowell. Has. record for the largest number of bills in troduced in the House. His progeny num bers IS. Senator Sweek leads in his branch of the Legislature, with 16 bills to his credit The number of bills Introduced by each Senator Is as follows:' Booth 3, Carter S. Crolsan 11, Daly 6, Dlmmlck 0, Farrar 0. Fulton S. Hobson 4, Holman 0. Howe 1. Hunt 4, Johnston 4. Kuykendall S. Marsters 7. Mays 4. McGinn S. Miller 10. Mulkey 11. Myers 8, Pierce 14. Rand 5, Smith of Multnomah 1, Smith of Umatilla 9. Smith of Yamhill 3, Stelwer 5. Sweek 16, Wade 0. Wehrung S, AVHliamson 7, Presi dent Brownell E. The record of each member ot the House of Representatives is as follows: Bailey 7. Banks 6. Bllyeu 6. Blaklcy 3. Both 6, Burgess 3. Burleigh 13. Cantrall 0. Carna han 5, Claypool 0. Cobb 3. Cornett 3. Dan neinan 1. Davey IS, Eddy 11. Edwards 4. Emmltt 3. Fisher 1. Galloway 9, Gault 6. Gill 8, Ginn 3, Hahn i. Hale 6. Hansbrough 3, Hawkins 3. Hayden i Hermann 5. Hlnes 7, Hodson 4. Hudson 0. Huntley 2. Hutch inson 3. Johnson 5. Jones of Lincoln C. Jones of Multnomah 1. Judd 3, Kay 7, Kramer 3, LaFollett 4. Malarkey 4. Miles 2. Murphy 6. Nottingham 5, Olwell 3. Orton 10. Paulsen 0, Phelps 9. Purdy 1. Reed li. Riddle 3. Robblns 3. Shelley- 7. S'lmmons 3. Test 6. Webster 7, Whealdon 4, Speaker Harris 1. STATUS OF WHITMAN DISCUSSION. Lecture by Professor Scbnfer nt L'nl verxlty of Oregon. UNIVERSITY OF OREGON. E'Jgene. Or., Feb. L Another of the series of Saturday evening lectures was given last evening in McClure Hall by Professor Joseph Schafer, of the chair ot history, on "The Present Status of the Whitman Discussion." The following Is the sub stance of Mr. Schafer"s remarks.: "To the historical critic the 'Whitman question presents four problems: First, what validity Is there In the evidence drawn from the reminiscences of certain men. on whose testimony, unsupported by contcmporancous doguments, the Whit-man-saved-Oregon story was first brought out? Second, what conclusiveness Is there In the argument frcra siknee on the part of certain documents, by which some writers try to prove; that Whitman did not go East on a political errand nor accom plish any important political results? Third, what are the facts of contempor aneous history which bear upon the ques tion, and do they support the first or the second of the above theories? " Fourth, assuming that our evidence is as yet In complete, bow can It be supplemented and. If possible, completed? "Mr. Bourns has successfully attacked the first problem. He has shown that the story was first published by Mr. Spauld lng, and has demonstrated Spaulding's unreliability as a witness. He has also shown that Spauldlng probably Influenced the other missionary witnesses to the ex tent that their teztlmony cannot be ac cepted as Independent Therefore, while our respect for somo of these witnesses may give us faith that the etory is not without foundation. It is futile to build a historical argument upon their testi mony, because it can have no absolute validity that is, it will not be necessarily credited any further than these witnesses are known personally. The second proolem Mr. Bourne him self lmposesupon us when he asks us to AILING MEN WE CAIN CURE YOU Stricture Our treatment is absolutely painless, and perfect results can be depended up on in every instance. AVe do no cutting or dilating whatever. DR. W. NORTOX DAVIS. More Men Might Be Well There are scores and hundreds of afflicted men who believe their cases incurable because treatment In tho past has resulted In failure, and who through this belief are being deprived of the full and complete health that might be their?. We do "hot claim that there are no incurable cases, but that many cases absolutely Incurable by sucl treatment as has been given them will yield promptly to correct and scientific methods. We will accept no case for treatment unless we are confident of our ability to effect a com plete cure. Contracted Diseases Improper treatment of contracted diseases can eaiily bring loss of power. An examination reveals this very cause in a very large portion of the cases of weakness. Linger ing Inflammation centering In the prostate gland Is sure to result in disordered functions, and the con dition will never be corrected until the inflamed and swollen gland Is restored to Its normal state. Wo thoroughly cure every contracted disease we treat The remedies we employ are known to ourselves alone, ahd no other physician has yet produced equally prcoipt and cures. Varicocele, Hydrocele, Specific Blood Poison and Piles are among the list of diseases we cure. We send our interesting book free, en closed in a plain scaled wrapper. Tr M Nnrirtm Hmic & Ct 145i Siiih Sf cer. YOUNG MEN troubled with night emissions, dreams, exhausting drains, bash fulness, aversion to society which deprive you ot your manhood. UNFITS YOU FOR BUSINESS OR MARRIAGE. MIDDLE-AGED MEN who from excesses and strains have lost their MANLY POWER. BLOOD AND SKIN DISEASES. Syphilis. Gonorrhoea, painful, bloody urine. Gleet. Stricture, enlarged prostate, Sexual Debility. Varicocele, Hydrocele. Kidney and Liver Troubles, cured without MERCURY AND OTHER POISONOUS DRUGS. Catarrh and Rheumatism CURED. Dr. Walker's methods are regular and scientific Ho uses no patent nostrums or ready-made preparations, but cures the disease by thorough medical treatment. His New 'amphlet on Private Diseases sent free to all men who describe their trouble. PATIENTS cured at home. Terms reasonable. All letters answered In plain envelope. Consultation free and sacredly confidential. Call on or address Dr. Walker, 149 First St, bet Alder and Morrison, Portland, Or. accept as conclusive against the Whtt-man-saved-Orcgon theory, an argument based upon the silence of certain, accessi ble documents (letters by Whitman, hl3 wife nnd associates), with reference to a political errand In the East, while they are explicit In stating that Whitman did go home on a missionary errand. The present paper deals especially with the second and third problems. It aims to show the inconclu-iiveness of the argu ment from silence, so long as the evidence frcm sources has not been fairly garnered. It alms to show also that tinder the third head the facts of contemporary history support Bourne's theory only so far as Whltman'3 Influence in raising the emi gration of 1S43 Is in question. His other contentions, that Whitman could not have had a political motive for the Journey, that he did not certainly try to arouso Interest concerning Oregon, that he had no opportunity' to exercise political influ ence at Washington, that his efforts in behalf of the emigrants en route were not of vital Importance, do not receive confirmation trom the new evidence brought out in this investigation. "Finally, although a considerable fund of new material has ccine to light, the time is not yet ripe for passing a final htstorical Judgment on this question. Mr. Bourne's argument Is plausible and ho may prove to be right. On the other band, those who support the saved-Oregon theory may. In the sequel, be more nearly right than he 1?. What Is needed Is a vig orous and persistent search for documents of unquestioned validity. All who are In terested In setting the question at rest, and in doing exact historical Justice to a worthy pioneer of Oregon, ought to assist in this search." LATE NEWS FR03I CAPE NOME. Town linn 1200 Less Than Last Win terSales of .Mines. DAWSON. Yukon Territory. Feb. 1. The first Nome advices over the ice ar rived today, over three months en route. The latest ore dated November 26. Tha Arctic icepack came In opposite Noma on November 21. The wind was holding off the pick, with prospects of the sea freezing smooth along the shore. Commissioner Gunderson was reported seriously ill with pneumonia and hem orrhages at Kougarok on the 25th. It was thought he would recover. Natives on Fox Creek and in Machuck are ill and destitute from exposure and lack of nourishment and need medical aid. It is feared they will perish during the severe weather. The Nome health officers are caring for some natives. Seven are dead in Machuck. The population of Nome Is 1209 les3 than last Winter. Oregon and Lara mie Bench claims on Oregon Creek have been bonded to W. C. Wilkinson for tlOO.OCO. The Prouty quartz mine near Bluff City has been bonded for $13,000. Pay dirt has been found on Willow and Camp Creeks, In Norton Bay. Barney Cole his reached Nome from Siberia, and says promising prospects have been found in St. Lawrence Bay. American miners there are hopeful and satisfied to stay. Cole will return. Prussian Minister Deadi BERLIN, Feb. L Herr von del Brueck, honorary Prussian Minister ot State. Is dead. Syphilis No dangerous min erals to drlvo the vi rus to the interior, but harmless blood cleansing remedies that remove the last taint of tho virus. sea "Weakness" So long as physicians continue -along the old lines of treatment of this disorder, men will continue to be disappointed time and again In their efforts to obtain a cure. Wo have found that disorders entirely local aro responsible for prematura loss of power, etc, and that there Is not even the slightest possibility of obtaining a cure through use of Internal remedies alone. Our treat ment Is directed toward the removal, of all abnormal conditions through out the organs Involved, and we do not fall. in a single Instance to re store complete and permanent ac tivity of ail the functions. Consultation Is free, either at of fice or by letter. We are always glad to render any advice that may be helpful. All correspondence is strictly confidential. Hour3 3 to 5 and 7 to 8. Sundays, 10 to 12. Alder, PartJuJ, Oitjaa TWENTY YEARS OF SUCCESS In the treatment of chronic diseases, such as liver, kidney -and stomach disorders, constipation, diarrhoea, dropsical swellings. Bright's disease, etc KIDNEY AND URINARY Complaints, painful, difficult, too frequent milky ox bloo'dy urine, unnatural discharges speedily cured. DISEASES OP THE RECTUM Such as piles, fistula, fissure, ulceration, mucous and bloody discharges, cured without tha knife, pain or confinement, DISEASES OP MEN Blood poison, gleet stricture, unnatural losses, im patency. thoroughly cured. No failures. Cures guar-anteed.