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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Nov. 22, 1900)
'T 0mmt- At VOL. XXI. LAKHVIKW, LAKH COUNTY, OltKOOX, THURSDAY, NOV. 22, 1900. NO. 40. 4 THE WARNER LAND DECISION REVERSED Text of Commission's Opinion Given to the Local Land Officials SETTLERS NOT PERTURIJEI) OVER VERDICT. Captain John Hullan, Washington Attorney l or the Settlers, I Still Con (Ident of Victory In tho End, and the Settlers, Itellevlnjt In the Right eousncss of Their Cause, feel Hopeful of Winning f inally. llKfASTMHNT ' INK ImIKIIIoII, i (iKNKIKI. I. AMI I(H" K, J WaIIV;TO. I), t!., Ni.V. K I'.HKt. ) J. I.. Mnldiow rr ai.. 1 VS. ST ATI-: K oKEGoN AM) WAKNI.lt VALLEY STOCK COMPANY. ) Kpnismi ami Ur:tvH, I.AKKVlfcW-, liiKooN : Sir The hiiul iiivi.lvcd in thi ca'o lire mainly embraced in ap proved w inn phiml list miniU-r .'lo and .'11, the approval of which lil wa re okei and riiiii-i-)i-l lV ilepurt mental de cision of March 2, I I I, The Coiiiiiii ifci'iin r here give n lit of tlie lot iiinl piece of land included in lii-t .'to iimt ."!, t 1 1 i i -1 1 we omit owing to it Voliimii. ou-i. . I'.n. E x Aiiivi ii. lli the cum- of Mm row et ill v. State of llnvoii ih-. i.l id May I I, iH'.fi :'s ,. I H'tih. t lie Si-i-n-larv vucili-d 1 .nr t inehtal ili-ro-lon of MereinU-r l!. 1!' October hi. ivij, Miel Aitk"it -I. I S'ot. mid net a-i'li' nil (h-i'i-iniiH ri-Kpi-ctint; the li.irac l.-r of I land-, or any of them, j I heretofore li-iiilered by tile Ilepurt- llient, tin oil. 1 1- or the di-tti. I I. in. I j otli , mid (lin-cti-l that n hearinit be t, lu-bl before ynti. jifler due eotli li thj StiitD and it grantee, and all advere cl.tiiiiantH, to b inlui'li'il in aci-oiilanre with the Hlipiilalioii, in iiiint', tiled by coiiiiM-l f.,r the repeilive parlie, May 4, Ihir.l; urn!, that ill addition to the hl'iil i-llil'iaci-d in lits MO and .'II , mid ln-aimu' and pr m i-i'iIiiik"- i-hnll exti-nd to lllld iliciilde ll ! V lllld III! hllldn .If .ii'l ilifd in the Htipulatioii of May 4. IS'i'.l. The fiillnu in tract of hind meliot im liidi'd in h.ild approved Ii-Im, but lire , cinbi ii.-ed in the uiitteit htipl.latioti : Tract in to m-lnp :i'.l muili of r.-me IMi-a-t; township 40 huh t Ii of iiiiil'c 24 eut ; town-hip 'Mi wouih of ranjie l.'." eiiNt ; tottiifhip ') Koiith of ratine l?r) riiHl. I'i--rripti'H) of huidn jiven in the decinioii oinitted hero on account of it VollllllillollSlie. Ki. Cxaminku The N' of SY4 mid SV'4 of SY'4, section 10, T. "A: S., U. 'JO II., v.-ere in cluded in approved lii-t No. 31, but mo omitted from tho ktipultitioti. It in ulo found thut tho Sl-:l4', N '.j of SV4 and S'"4 of KV'4 Heetion II. T. 40 S., U. 24 K.t included in the Mipulation, were patented to the Hate hh swamp html March 2.r, lM'.M). I?y depart mental ih-ciriion of )eeeiiiber ll, IStKi (17 L. 571), which d.vinion whh vacated by the deciHiou of May 13, 110, mipra it wait held that the landa included in HnIh .'!0 and 31 were, in the main, covered by the witter of nnttp Jiltreiilly permanent luku, uud tlio qiiea tion as to whether hid i land were, in 1KI!), in a permanent uki, appears to have been the contontion at tho trial liad lM-foro yuti in compliance w ith the inatruetioii contuincd in the ileciHimt of May 13, lH'.M), and in the stipulation of May 4, 1H1KI. The hearing for the ciiho was set for July 17, lHli',1, on which day the parties up poured and proceeded to trial, which terminated August 23, lHD'J, after w hich written anil oral arguments were pre sented. On February 8, 1IKK), you ren dered an opinion thut the lund involved was, on March 12, lHtiO, the bod 'of an apparently permanent lake. From your decision an appeal wit filed. Township 3D 8., Ititugos 24 and 25 E. were first surveyed in June, 1875, by James II. Evans, the pluts of which were approved January 3, 1K7(1, and T. 40 H., It. 24 1-:., was II rut surveyed in August, 187U, by llyara and Ciray, the plat of which was approved November 19, 187U. A considerable portion of each of the townships la shown by such urvcys to he in what ia designated a Warner Luke. In A uplift ami Septcm licr, hh7, a re'irvey of tho township wiiN made by John II. Ne! an ) the pint of uch survey were approved June 1 ISH. The surveys of Neal were made in compliance with InMmctioii con tained in departmental leciion of Jan uary 17. HH7 15 I.. I)., :!.;. Tim land In the tnH linhlp" in i'lentioli returned by Mr. Neul, which were hIioh n by the former surveys to be in the lake, amount ed to W.OI t .'Jlt aeren ill T. 3!t S., U. 21 E. ; .27'..2!l acre in T. 40 S., !:. 21 V, , and 2. HOI. 7.1 acre in T. 3H S., U 25 K., and the laml involved in the cae tinder CMtiM.i-rtioii are, in the main, thoe iIihi1,.-vi by the survey of Neal. The ti-tiinoiiy in the caw com-inl of the evidi-iice of a inimher of w itnenc iu- troduced at toe heat ing, together w ith a j laru'c number of i xhibil, beiuv; copie I ol the lif'iiiioiiy or ex I ract t herefrom. iiitriluccd at f. inner ln-urinM involving jce'ltaili piece of thetaml. j None of the wittien-e introduced at the hciU'iiiL' knew the laud in Ihi.'.I, ' j thoin;h one of them claimed to have know ii the land in nod iniul licr ill ! I si .i i . l'eler IVtcrsou first saw the land iu were not in 1 S covered by the waters that vicinity in May or June, 104 ; he,,f iM.ruiaueiit lake, and voiir decision saw it from the mountain, and be was ;iii the immediate vicinity in .lalv, 1Hi. lie tewti.'iei that it waa then a title marsh interspersed ith open streaks of water. When he tirst knew it there were great bed of old tali's, the accumulation of jear. with new growth springing up. Such was th growth all over the marsh in IK I-i . He never saw the water so high a ii wa then. '1 he water would recede with the approach of the dry season. I. H. Jonc lirst knew the laud in Oc tober, lsiiil, and what was designated as a lake by the early surveys had the ap pearance of an extensive tulo marsh. The w inter of lSiii-li7 wus a severe one, ami there was high water the follow ing j season. lie think tlie wiiltn ot tlie marsh was fnnn three, to live mile. The tides had the appearance of having grown for ages, had lallen down and hipped over and been intertw ined w ith new growth, forming a mat of old stuff and vegetation from one to four feet thick. W. C. Hale knew the lund from 1872 to 1870; it was an immense marsh and not a lake; he testified that the marsh would overllow in the spring and con tinue until about the 1st of July, when the water would gradually recede. The llow if the water in the marsh was to the north ; that its flow was retarded by the dead tules forming or acting as a dam ; that none of the land could have been cultivated in 1S72 on account of its swampy character; that the soil is much more compact now than it was formerly, owing to the tramping of cuttle, the burning of the old tules and the use of the waters of Deep creek for irrigating purpose i. There were several other witnesses, who, in the main, corroborated tho tes timony indicated uhove. Quite a nuiii lair of witnesses were introduced on be half of Morrow et al., but it would ap I veil r that the allegation that the land wus in reality a lake in 1800, is based largely on tho testimony of the State's witnesses, who appeared at former hear ings. Such testimony appears some what contradictory to that tcstilled by the same witnesses at tho present trial, and wore it necessury, in deciding the present case, that such apparent con tradictious should be harmonized, it would be difficult and impracticable. It is shown, however, by the testi mony of a practical surveyor, George S. Kickerson, jhat a lino of levels wus run from the southwest corner of section 18, T. 40 8., K. 24 E., lo tho stone bridge, i. i .....:..., it -r 47 l: w nt v which linn run through the marsh, i if Kmsible, if not by the best practicable I rotito. Tho distance was shout twenty- nine mile Htid the mtcr level at the stone bridge wan .12. .'15 feet Im-Iow l.ht level at the starting siint, I ho greatest i fall l-ing in the first five mile of 15.6; feet. It would ln a physical impossibility for a permanent lxly of water, such an . I..L.. ... t ....i .i... i i : ' tionwheretho fall is a r, Ht aa that shown ly the levels run by I he surveyor. Hi probable that, in certain N-awiiii, after a winter of unusual snow fall, the wliolu valley would lie covered with water to a greater or lesser depth, hut with the fall indicated stn-h water luuat, of necessity, have soon sought itii lower level. The testimony adduced at thr ' hearing, also the plat of survey, show a 'mail lake in T. 3i S., U. 24 E., and another one in T. 38 S.. U. 24 E., though the htr(.'e lake or hikes, now dcHicnated a Warner I-ake, i still fur ther north. j It is probable that the overflow in the valley continues for a shorter ieril of the road on from Ternio, "tho ten thf.m htte years than it did formerly, but the ! and dollar mountain of folly in tie reason therefor is suped to be the ' deM-rt," to some desirable jmint north, j that one or more carloads of tents, scrap trainpini; of cattle and ho-, which have Kuuiors are rife, as is common, regard- j ers, tools etc, were to- be unloaded there pa-t'ired in the valley for the last twenty ; i"g the extension so-ne sayinir, un- immediately for the purpose of Ix-gin-years or more. It is in evidence that authoritatively, however, that the new i ning work on- the exteiiMon of tlie road, during the nentions l-tween 1H70 and manager is prejiaring to build 225 miles j We were informed two weeks aao that lM'si some 7,000 or 8.(XHJ cattle, and proh- i road next year, while otlwr think parties had lieen trying to procure stock, ably as many ho, were kept in the the extension will only reach Likely. for the work, hut inquiry failed to sub valley each season. In the winter sea- j Only last week a rumor reached Lake- stantiate the information, so we did not sou the slis k would range over the lake ; view that arrangements had U-eii jut- publish it." or marsh and would f 1 off the tules, ! fee ted, and pajiers filed, to build the m rit and seed. Were all the land in cluded in a permanent lake it would seem iiiiisible for such an immeme number of live tock to exist upon the vegetation which might grow therein. After a carefu' consideration of all the testimony submitted in hi case, 1 must ' is termin i. The I'laindealer feels Be hold ai;d decide that tho lands involved sured in telling it readers that "(he t i .therefore, reversed nnd tho ajmeal ' SUfUiued. I pi'Ftu;ned. IIlnof.r Dckmanv, Commissioner. In connection w ith the almve. it may e well to add that the settlers of War - lu-r valley, who are deeply interested in the outcome of this laml contest, which involve their homes and the work of the best part of their lives, are not cast down or in tiny wise troubled over the adverse decision, but, believing in the righteousness of their cause, aie con fident of victory when the case reaches the highest tribunal this side of Heaven. Captain John Mullaii, the tiuishod land lawyer and attorney for the settlers-, shares the same feeling wilh his cliental. E.X AMINKII.) A sprinkle of rain on Friday. Saturday, more storm threatened. Sunday, cool with a few spits of snow occasionally. Dr. Witham made a professional visit to the residence of Jack I'a tin at Sum mer Lake last week. Jack is tlie happy "Daddy" of a 10 pound boy. Tho Woodmen and Women of Wood craft of Paisley are to dedicate their new hall on Wednesday evening, Nov. 28th, the dedication ceremony to be followed by a grand ball. See notice in this issue tinder heading "W. O. W. Hall Dedication." Woodmen and their wives of I.ukeview are cordiully invited and their presence is requested. The first month of school was finished on lust Friday and the work seems to be quite satisfactory. Mrs. Ed Cireon is repqrted down with the measles. J. K. McCormack and family paid a visit to Paisley during' tho I.akeview vacation. J. K. returned on Saturday to Lukeview leaving the family here for the present. Uev. Craig of Klamath Fulls, preuched on Sunday night to a giMsl sized and at tentive audience, ltuv. Craig is here for the purpose of looking over tho pros pect of organising a lodge of the A. O. U. W. The W. O. W. hall will be initiated witli a Grand Hull on the night preced ing Thanksgiving. The hunters made another slaughter ing of ducks on Sunday. Paisley, Nov. 18, 11)00. Ohbkkvkk. , El. EX AMINKII. j HANAGER DUNAWAY FULL OF ENERGY Will Extend the and Oregon Railway in Spring j TH E ROAD NOT BIG ENOUGH FOR DUNAWAY. ' " vominj nonn Aixer more misiness, lowing Stockmen to Drive Such a rew manager Wants The Alturaa IMaindealer is very happy and enthusiastic over what it tn-lievesto be a "dead shot" for a railroad to the shire town of Modoc. And appearance five jutice to the enthusiasm of the edi tor, for if all reports are true General Manager Iunaway of the Nevada, Cali fornia and Oregon liailway is going to revolutionize railway matter and show his ability as a railroad man by pushing road to the (regon and California state ne,n Kur-ir line ut New l'ii.e Creek, win h would be I A telegram from Eugene last Werl the terniinu for a time, at least. The i nesday says that a force of engineers has Examiner firmly tielieves, however, that j U'gun the final survey for the Southern the N. I'-.Vi O. will build on until it . j I'aciric Company of the connection be n ache Itkeview where it will make ' twt-ii the Springfield branch arid the day of hailing freight lo Alturas by ! wagon teams are alsiut numbered. The 1 snort of the steam horse will soon tie - ! collie & familiar hound to i our ears. Al- turas will within a very short time lie a shipping point for nil this northern! country." That paper further says: j "W. 1$. Lubner, general route agent for the Well Farg.i Express Company was in Alturas last Saiurdav attending to matteis connected w ith the new otlice of that company which bus just been es-! tablished herewith M. I'inkney asagent. In conversation with a I'laiudeuler repre- MODOC NEWS IN A NUTSHELL Si ' v Prum Tlie New Em. One of the prettiest weddings of the season took place at the home of J. W. j Pope, near Can by last Saturday, at 12 o'clock M., when Floyd M. Auble and Miss llertie Pope were united in the holy bonds of Wedlock, by Rev. Harry Perks. Mrs. K. M. Kussill, who has been visiting relatives in Sacramento and Lodi for several weeks, sent a large box of chrysanthemums to her sister Mrs. Gomez, last week, which were some of the most gorgeous and beautiful flowers of that class that we ever saw. Chas. Oliver, Will Kirkpatirick and Albert Fleming, of Goose Lake valley, returned from the Sacramento valley last Tuesday. Mr. Oliver took a band of cattle down there some weeks ago, but wus unable to sell them for the price he thought they were worth, to left them there on pasture for a while. E. P. Sessions of Bidwell, was here last Monday on his way home from the railroad. Mr. Sessions recently took his daughter, Miss Cora Sessions to the city where she selected her a beautiful high grade piano. Miss Sessions spent several months below a year ago study ing music. I4ist Wednesday night w hen the court house bell rang,' summoning the court and otlice rs to the court room, all arriv ed except County Clerk Smith and Court Reporter llogors, who failed to show up. Upon their arrival, Judge Harrington fined each $25 or 48 hours in jail. The boys claim they were locked in the clerk's otlice and could not get out. They both went to jail. Nevada, California as the Koad is Losing noney In Al- Long Distance For Transportation. the Long Haul to Market. tentative he said that he had been in- formed by Manager Dur.away of he N. C. & O. Haiiway Company that the road would be tx tended immediately and that the Company did not propose to have stock driven along the road when it could just as well be shipped in N.-O.-O. cars. Upon his arrival here from Tor mo last Sunday evening Jasper Janes, the team ster informed a i'laindealer reporter that he was informed while at Ternio main line. The connection will be from Springfield to Henderson, a distance of alsiut two miles, in which distance the Willamette River has to be crossed. A 1 fine stoei bridge will . tK built, .which. j wil be the principal expense of the cull-. I uectioii.' Tl.is joining the main road with the. branch which runs up the cast side of the Valley from Woodburn, and the branch recently built to Wendling, is the ground for the rumor that it is j the intention of the company to build a line through the southeastern portion of the state at no very distant day. This has been talked of for 15 years past. S SURPRISE VALLEY NEWS NOTES. i -- . From The Kecord. 'X The family of Mr. and Mrs. W. S. Stevens, of Eagleville, has had more than its share of sickness of late, and all from the dreaded typhoid fever. A few weeks ago Mrs. Gibson, their daughter, was taken down with the dreaded disease, then the illness of Miss Maud Stevens and little Pearl Gibson followed in turn by Everett and Jacob, their two sons, the latter of whom died last Fri day. The disease seems to have taken the same run in Mr. George Penland'a , family some weeks ago, in which two deaths resulted. The bereaved onea have the sympathy of the entire com munity in their sad misfortune. MissGracie Rinehart returned this week from an extended visit to Mrs. W. Duncan. We are pleased to state that Misa Gracie has almost entirely recover ed from her serious illness. Chas. Cummins and wife returned la6t week from the lower country, where he took a band of cattle some time ago. The cattle were sold at good prices. Mrs. Cummins has regained her health and feels fine after her trip. While some children were playing here yesterdaj one of them lighted a match from which the clothes of Mrs. G. L. Wright's little girl caught fire and before it could be extinguished the little one was badly, but not dangerously, burned about the body. The telegraph operator at Alturas tele graphed 0ierator Boyd yesterday morn ing that two feet of snow had fallen there, and "another foot in sight." Surprise valley has also had a heavy snow.