Image provided by: University of Oregon Libraries; Eugene, OR
About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 21, 1911)
t'&' "'','"V'J I t TOflTO TWO MISDirORD MATTj TRTBUNE. TnUDFOUD. OKIWON, SATURDAY, OOTOlllOH 21. 1011, wi'iioKiiY lonrrroNr Monthly Digest Important Land Decisions Vlio Io1lWitc Important T.nw Points lhko Itcondy Noon Dwliled'by tltu Rocrvlnry f I ho Interior. Tho fullovfiiif? important, lnw noIntB ImlsKlonon, thb case tslll bo ronsnilcd (,b nppi;bltitt prior to miof nitil imy- havo rccmilly boon tlccldod IiV tno nnnm lomo commissioner iur nuju ,n0lrt aVi'ml t) his hoirs. C tinir illc.itltm pon 1Mb now ivcor.1. m vs. lU-rsh's Hoir CAT L. 1).. UU). pocrctnry of tho lnterlnr. - Uonii'Mi'mH. Sottlompnt upon IntuI whllo It U covorod hy tho ontry of nnothnr con- foni no right on ennrotlnUon of iho'ln ,0 fatth for purposes of rcclnma- At the Churches ulcafltm mm 1Mb mow lvcm-il. Thi' law rftpilrcR merely nn annual' expenditure to tho roqulMto amount 'entry ns riRiilnst tho rtovorntiicnt. t Tho government's righto nmlor any ' valid ttll)ilrawKlutr oneo ottnch to tha oxcliibfon of nny mittlomont or other rlKht Initiated while mtoh entry wtm of record. In construlnji flection 23JS9 of the revised stnlnUuij tho maxim, "Dt min imis non onrnt lu,v." cannot pnywly he Invoked to Justify n plttln disre gard of tho statutory limit as to th nrea of the laud ownership dlsqmUI fyliiK from homestead entry. Cano of Amidon vs. Ilacdnlu (39 I- I)., 131) overruled. Tho homestead law Is a donation of public lands conditional upon the per. formauce of certain nntR. Its purpose la to establish agricultural homes on the public domain, and. In C4so of the death of the entryman, the widow or heirs should proceo at once to cultl vato during 'ho proper season of eaeh year and Improve the laud, and con tinue such eulthatlou and improve ment for such period of time n. when added to the time during which the entryman had complied with tho law, wnuid make compliance for the full period required by the statute. Citing Schooley vs. Heirs of Varnum (33 L. B.,45.) )' lojcrt IaniK Hon. It does not require tho first or any other annual prouf shall effect rcqlnmntlnn, but tho expenditure tnusv btf Karllyhtffiod to1 effect It, mm" the rwminatfftirniust ho effected wltl lh In tln13 allowed.. CltlnK Ste venson v. SohnrfJstJ,34 L. 11., 076). Me'c exiMtudUitre to n repured .iniou'il eJJnnot he aeecplcd ns com jRnne with the -hiwhliUt the rouson nhle value or Iho fork done is the criterion, not the diimunt the entry Htun cImuiw! In hnv5 oxpemled for it. CUle HniUloy vs. itsull (IW U I)., 100.) When the laud is withdrawn oC re fill iimlor provision of lnw. in nn H'riitiii of niirriirataion project, n prior entry thereof may he allowed when it npHnrs that the land em braced in the entry is subject to ir rigation and to a Inrjpr extent irri auled from private irrigation ilileh, nml is so situated as no to he irngihlp lrom nny government pro-' jeet in c'ourj.e of vontnietion or even in contemplation. When an entrynmn under Ihe Timber and Stone Act fails to sub mit final proof on Ihe day fixed therefor in the public notice, or with in ten days thereafter, hi timber land stone sworn vtatetmeut ceases to have any effect to reserve the land from other dUpoMtion. Subsequent npplieaation to read vertie. made after the withdrawal of the land, mu-t be held subject It) Where final proof on a desert land entry has been rejected by the com- mh-aloncr of the general land office ,jie conditions of that withdrawal and nppeal Is taken to tho secretary, ntinr Kditli fnrtw m L. D.. 2S3.1 of (he interior, accompanied by affi davits submitting new proof, which had not been considered by the corn- No riiihls are required hy the new filing of timber and stone sworn dulement is will, mmn the death of The Traveling Salesman "Ty-"" " f BBtaHm..ilMPwJHStf:flr?iwniSIBP JMBMBHEMBBIWiMMMgAyynWl V . a jT i ii MHy I I At though Hnle 7 of prnotieo pro vides that no iiintuin for rehearing of Ihe decisions or tho commissioner will he allowed, yet in nn ex parte proceeding, there wotfld seem to lie no renvoi why the commissioner of this general Innd office should not, iMin hi;, nttentiou heiug called to an alleged mistake or oversight, nml boloro the ease had been taken from his juri-dietiou by njipeul, re consider und eorreet his dceisiou. Obviously, prior to an appeal, such tint ion can he taken of his own mo tion. When two applicants to contest n& filed in ihe local land offioe simulfatieonslyl, the one which was sworn to .first will hhve priority. Mining, py ttlpis ocj wlls Iwettdo mxvf It is now well soiled that after the location of n valid placer mining claim min good faith, hy an associa tion of persons, each locator can ceoiivo his undivided interest to whomsoever he chooses, and the en- , tirVi title to such claim may thereby become vested in one individual. Cit ing IS7 Federal Reporter. IlSo. it ijt not the policy of the Depart ment to near protests in mining cases while an ndversu suit is jend ing and being litigated in tho local courts. If the court, in that pro ceeding1; should coucludde. to eon tinnU Ihe trial until the protest could be' heard ahd determined, the depart ment would then bo dUiosed to dnler a hc'nntig thereon. The term "vein or lode" does not mean merely a ivpjeni tissure or mutant vein, hut rather, any partly defined rone or hell or mineral bear ing rock in place. To constitute a valuable discovery upon a claim for which patent is .sought there must he aeUmlly and physically cxoscd within the limits thereof, a vein or mineral bearing lode in place, os-scs-sing in itself a. present or pros jM'ctive value for mining puqioses; ahd before iiaelnt enn be properly Hiled or allowed thereon, thnt fact must be shown iu the manner above slated. ' When land is known to he chiefly vhhiiririe for coal, prior to approval of survey, Mo right will vest in a state, 'with' rc-qioetlo such tract un der a school grant. Wheil ' there is a charge thnt the lnild is mineral in character and was known to he mineral at the dale of final proof," the provision of Section 7, aj-t of Mhreh ., 1891 (2tl Stat., 1 1)0.1) i'aniiot he invoked to require issue of -patent. Said act was not iiKcridcd- to' include mineral entries nor" lands ' mineral in character, ktibwli"tD,))e such at the time of final ciit3-. Section '2.1'JG R. S. has exclusive reference to adverse proceedings in stituted hy one claiming certain ground under tho Mining Laws against a mining applicant for the same ground, to determine the right of possession as between the parlies to the proceeding. Citing Creed Co. vrf-Unita Co. (11)0, U. S. r:)7. Mcdfonl Mcthctllst Episcopal. Mc'dtord Methodist Kpiseopnl churoli, K. Olitl' llldtulge, pastoi. Services Sunday as follows: Trench ing, 11 a. tu. and 7:10 p. m. Sub jects: Morning, "Whine Vu Live," eveidhg, "How to Make l.ilV Tell." Smidav school, to a in.; Kpworth licagne, (:;H1; prajer meeting Thurs day evening, r:',U). Kveelleut music under tho direction ot Prof, Chilesir, You nrq eortlially inxitcd. First Church of Christ, Scientist. Service Sunday at II a. in. Sub jcef of lesson-sernion : "Probation After Death. Sunday school ut 10 j Wednesday evening meeting at 7:110. All urn welcome. Rending room hours from 'J to ft p in dntl, except Sunday; aUo Thursday exciting from 7::i( to l. Church i.hln-c, 212 North Oakdale. SMITH'S APARTMENT HOUSE Hotitlt Itlvcmldo Nexv nnd ljpld.)ntc-Modem In every paitlcular, gas vhkiI- Iknr, n'tcatu heat, etc. Women and girls must bring refer ences. W. M, HMITII " Home lliom NIK. 4mttntfn SKOVGAARD TIIKdlltJA"!' ttt'HHIVN Draperies x eirry i viry oimiilt tin of ilrulwrUn. Ic corlrtliMi. ruttir tn. nml ie nil cinmin ir tilitieUtrrlin; A niifolnl iima to look nftor ttiln work ioliinly nml will clvo n cood KrtM nn M t'onitttiU (n Mr! In xvnn tho InrKi'dl oltlt-H. WeeRs & McCowan Co VIOLINIST opku.i imr.sn, ritin.w cvK.vivr;. nt-iiincit ar Pi hen .Vic, "rte nml II.IMI i Shoxgmtid l one tif Ihe xxoiM's Itrcalcul vhillnlstH. STOP DRINKING Wo havo sold OIU11NK, the stand ard remedy for the liquor habit, for a number of years. You will bo Inter ested In knowing that thousands of men havo been restored to lives of sobriety and Industry by tho aid Of this meritorious article. Orrlne Is a simple home treatment, that requires no loss of Hum from work xvhlle yon are taking It. Start today and you will he surprised at tho quick results. If after a trial you fall to ifet any benefit from Its use, your 'money 1 Iwlbe refunded. Orrlne Is prepared In txxo forms. Secret and Voluntary Treatments. Costs but $1.00 a box- less than a man would spend la a day for drink. Como iu nnd get a free booklet. We'll gladly tell you of the good work OH KINK Is doing. Leon V. Ilnsklns. 214 K. Main. Rock Spring Goal O StAHD Alt in TIMS, Office and Coal Yard, Tuolftli an) Front HtrcoU. Phono 7101. . Burbidge COAX, VULf t-r-trr-rmtrt 4 ff '" Campbell & Baumbach MORTGAGE LOANS, COUNTY WARRANTS OITY AND SCHOOL BONDS Monoy on hand at all times to loan on Improvod ranchon and fruit land, PHONE 3231. S20 GARNETT-COREY BLDQ. TIRED EYES ifcafc. CjSLBrLLBWBLLiLw( iLLLV jl t i 4 If relieved with proper lenses often gain renewed strength, obviating tho necessity of Klasses for constant wear. Results are what count. Ask nny of my many customers. Dr. RICKERT Oyer EYE Specialist Kentnor's, Mcdford. A't the Mcdford Oepro House "Tho Traveling Salesman," a comedy hy James Foibcr, author of "Tho Chor us Lady," will boon ho the attraction "Tlio Traveling Sales-man" while primarily n comedy of Ihe brondost kind, has also interwoven in the plot ii story of much dramtio interest, Doth Elliott, tlio station agent ut Grand Crossing, is tho owner of n piece of laud of doubtful value, that is known locally as Elliott's jstono pile. 'J'ho taxes is ovcrduo and Both does not think it worth whilo to pro tect her interests ut tho delinquent ttix sale, Martin Drury ,a capitalist, is in possession of information that tho railroad compnny iu-cds lieth's land for boiuo contemplated improve-' muni, mid ho iirraugos with Frank Jtoyee, mi admirer of Hctli's, to buy iu the property and divide tho prof its. In tho menutimo Boh Illnke, tho trayoljug salesman, arrives at Grand Crossing and fulls under tho spell' jof Beth' charm at first sight lie remains m tlio village over mgul nml v.jlh Knyce nnd some traveling won 11 poker game is started. During the piogrcss of the game Boyee becomes intoxicated Mini boasts of the fqr tune that he and Drury expect to re alize out of the sale of Beth's prop erly. Blake plans to frustrate their scheme and with the assistance of a friend Bob locks Jtoyee P so that he will ho unable to attend the sale, ife buys in tho properly ns Beth's representative and turns it over to her. As a fitting reward Belli prom ises to heroine Mrs. Boh Dlnko nnd the play has the proverbially happy ending. The management of the com pany promises uu exceptionally good piodtieliou and c;iHt for this engage ment. Tho part rf Bub Blake will be played hy Don MncMillau, who last season slurred iu "Tho Broken Idol." .Miss Dorothy Orev'will he ncvn iu the rolo of Belli Elliot?, TACOMA, Wn.The Nntionnl Council of Women Voters, headed hy Kminii Smith Devoe, one of the lenders in tho suffrage fight, xvill take up the mutter of good roads. "Just Say" HORLICK'S It Mian Original and Genuine MALTED MILK Thi Feed-drlnk far All Ages. More Healthful than Tea or Coffee. Agrees with the weakest digestion. Delicious, invigorating and nutritious. Rich milk, malted grain, powder form. A qaick Ianck prepared ia a nutate. Take ho substitute. Ask for HORLICK'S. Others are imitations. We have a full line Of PEERLESS LAMPS on hand 4, 8, 1C, 32 0. P. carbon lamps; 2G. 40, CO, 100, 1C0, SCO watt Tungsten lamps. Tlio beHt lamps and the beat prices. All lamps guaranteed. Southern Oregon Electric Co. Phones: Pacific 4C01; Homo 124. I! jr ARE YOU ETNA-IZED t AGAINST ACCIDENTS C. H. REDFIELD s 3 ItKI'ItEBHNTIXa Aetna Accident Northwestern Mutual Life Both Phones 210 Frultrjrower? lank Bliig. Buy Your Cutlery NOW Wo have Iho goods in slock to moot your ovory demand. .Silvorwaro, Car vers, Pocket Knives, Shears, Scissors, Hammered Hniss, are already for your selection. Medford Hardware Comp'ny 218 CAST MAIN ST. Squibbs Spices Give Best Results in Pickling Fruit Aboslutely Pure Exceptionally Strong Economical to Use MEDFORD PHARMACY ! V&- . NKAK POST OFFICK. HIONi: NHJIIT Olt DAYMAIN !(lt. ROGUELANDS INCORPORATED FRED N. OUMMINGS, Manager Have the Soil The Water ' i The Climate The Transportation To Produce Enormous Crops I - 'i . INVESTIGATE f Office 3d Floor Medford National Bank Bldg. s i'-