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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (April 22, 1912)
A. ,... 5"" I- STRAW WMS OUT Of) HOMESTEAD CASE ANOTHER DRC18ION UY HKCHK TART OF IN'TKHIOK IX OXK OK MANY CONTEST OX KIND NEAR ODESSA la cut Involving 160 acres of land. the defendant has been the win ner In the litigation, In which the parties were Jcnnlo 1. C. Clay, Emma Wing, her mother, and Hnrrr M. Ack Uy va. Henry W. Straw. The caso possesses some historic episode, and dates back, so far as tho 'litigation la concerned, to 1S93. The case tins been fought with all the skill that legal Ingenuity could contrive, Judge Thomas Drako pf this city being the attorney for tho successful appellant and Homer (lurrcy oT Washington, D. Cv, land lawyer ot national reputa tion, being ansoclatcd with Slone A Barrett of this city for the respond ents. ' The action resulting lu the victory for Mr. Straw Is founded on a tic-1 clalon recently made by thu federal court ot the United States, that a set tlement made on n piece of govern ment land that Is afterward with drawn under the reclamation act will not be counted In favor of the settler after the land has again been thrown open for settlement, and that rule was Invoked by Judge Drake for Mr. Straw against Clay, Wing and Ak- secretary ot withdrawn fi originally. 8tate com- ley, and upheld by. the Interior. The ror Irrigation pur; The caso was cons! wHh by the local Unit' alssloner. It. M. Richardson, at that time, andjt was then taken to Lake view, and finally went to tho general ladd office, and Anally was submitted to the secretary ot the Interior. The original claim ot Henry Straw was seemingly meant to apply to 80 acrea of homestead land granted on homestead application In 1903 by Mrs. Clay and Mrs. Wing. It Is .located a few miles from Odessa on the Doak ranch In the Upper Lake country. The decision now gives to Straw the entire 160 acres In town ship 37, range 7, and settles a con test that has been hampering the Interior department for nine years. Henry Straw, the successful liti gant, Is a brother of the well known dairyman, Jas. W. straw, white the chief plaintiff. Mrs. Clay, ts a daugh-Ur-ln-taw of Mrs. Griffith or Eagle Ridge. Ms. Clay, being a married woman, waa claimed by Judge Drako to be not entitled to a homestead claim. On this point Mr. Straw's attorney was sustained by the Interior depart auat iFarrlsh, deed. 1100. lota I art 19, i block 61, First addition.. t H. H. Carroll to II. J, S. Twlteaall, warranty deed, M0. lot 4, block 10, West Side Park. Wm. 8. Wordcn et ui to Albert Roy, warranty deed, 810, lot 7, Mock 50; lot 11, block 89, Worden. The Klamath Development com pany to Chris llock, warranty deed. 110. lot IS. block 14. Lakevlsw. Wm. l Albright et us to Frits R. and Herbert -K. Hauger, warranty deed. $10, NH NWVi, See. ll-ll-l. Atbort V.Whitley to Jas. II. Hobbs. bond for deed, 91,000, lots G, 6, 7 aud 8, block 31, Merrill. D. K. Rlscdort et us to J. W. Jory. warranty deed, 910, esat 31 H feet oft tot 1, block 4, original town, and all ot lot 10, block 89, Klamath addition. Nicholas Mugler to San Francisco Breweries company, limited, quit claim deed. 910, totsMSA and Hi. block 7. Railroad addition. Tho Klamath Development com pauy limited, waranty deed, 910, lots ISA and 12R, block 7, Railroad addition. I J. Vincent Vaden to L. F. Olson, warranty deed, 910, lota 13 and 14, block C3, Second Hot Springs United States to Fred Peterson, patent, NEU NB4. Sec. 31; NH NWH. Sec. 19; 8W 8WU Sec. 10-38-15. Klamath Development company to The Klamath Development company, waranty deed, 910, lota 11, 3, 4 and S, block 30, Second Railroad addi tion. Klamath Canal company to W. J, Evans, waranty deed, lots") and 9. block 1. llolllster addition. SCHOOL SITE IS JHXLY TAKEN VOTK OF ACOBPTANOR OF KLAM ATH DEVELOPMENT COMPA NY'S OFFER OF FRKB OROUMD RECORDED YMTERDAV By a vote ot 110 to 40 the proposi tion to accept the alt offered for a new school house waa accepted yes terday. The vote waa taken at tho Central school building. The slt iTcred Is four lots In block 6T, Lake- view addition, and four lota In block 73, Falrvlew addition, the city to buy two lota In the former addition vhlch had already, been sold. The city will pay 9400 for these. The site Is at Academy and F streets. In order to raise money te build the proposed school It will be neces sary to bond tho city, and special bond election must be held for tho purpose. The amount ot moaSy nee eiary and the election date will be determined later. Mrs. A. Langell and Mrs. R. Kit- gore are down from Doimnsa for s few days visit with fraad. i .Ray Merrill Is up from'Msrrlll. WALKER' WINS IN SHERIFF FIGHT COUNTY AUDITIXa BOARD COM PLETES COUNT OF DEMOCRAT IC aiLLOTH, WITH RMHOP EIGHT VOTES BEHIND . This afternoon the auditing board finished Its count of the democratic vote In Klamath county' primary election last Friday, which showed that Samuel L. Walker beat B. St George Bishop for the shrievalty nomination by 8 votes, the score be ing 190 to 183. None of the other nominations were changed from the Indications from Saturday figure. Ceaataatlaople nay the Italian fleet 1 reported aa mobilised at the Gulf of Saroa, and building land for tifications close "to the entrance of the Dardanelles. eae Ire bed with seriate and sTJt Ireaj, mtm weeea chain, oat Into and eae stare, That j)ld sale will be had aud made la accordance with the terms and eoadktoas of a certala chattel mortgage given to Martin Brothers by J. D. Carroll, oa the 4th day of February, 1910, which said chattel mortgage waa duly filed ot record In the oHce ot the County Clsrk of Klamath County. State of Oregon, on the 4th day of February, 1910, and recorded la book I of chattel mort gagee, at page 311. W. B. BARNES. Sheriff et Klamath County, Oregon. Dated at Klamath Falls. Oregon, this Id day of April, 1913. NOLAND A CRANK. Attorneys for Martin Brothers. 1-9-18-3I-I7 h We have some very atetrawl Sir street property far sale Stepaate- Huater Realty Oa. tf yea are looking cent meal la towa try wla dlalag reom. Ra4es t I for tttH r the Hotel aebta 1 4 beat is let Bald- the week. 4-lttV REAL ROTATE TRAW8FKRS ) X ' www San Francisco's La Fotlette head quarters announce that the seaator will open his state campaign at Free no Thursday night, speaking Friday night at Los Angeles. NO RAILROAD STRIKE, IS OFFICIAL FORECAST The following realty transfers contract, deeds, mortgages, etc., re cently filed with, the county clerk, are furnished by the City and County Abstract cempany: . J. A. Reynolds et ux to P. 11. Reldy, warranty deed, $10, tot 6, block 1, Shlve's addition. Lee S. Denton to J. S. Ilecklcy, warranty deed, W4 NRi. KH NW tt.Sec. 8-33-7 . Addle Walker et al to Luke K. Walker, deed. $1. NBJJ NE,4. Bee. 33-38-14. Charley L. Leo to it. O. Vincent, warranty deed, 91.000, lot 20, block 6, Midland. Cbas. E. Worden et us to the Klamath Development company, deed, f 10, lots 7, 8, 11 and 12, block 12; lots 1. 2, 3, 4, 19, 20, 21, 22, 33 and 24, block 19; lots 1, 2. 3, 4, 17. 18, 19, 20, 21, 22, 23 and 24, block 20; all block 22; Second addi tion. W. P. Johnson et ux to Cbas. K. Worden, warranty deed, $10, lota 1 and 2, block 75, Klamath addition. J. M. Evans et ux to Elsie Welsh Lewis, warranty deed, 910, lot D, block A, Nichols addition. State of Oregon to O. L. Pankey, deed. 995, Xft NBU, Sec. 4-36-14. State of Oregon to O. L. Pankey, deed, 9246, Stf NK',i. E NW: NWU NWi. Sec. 4-3C-14. Lewis Pankey et ux to Louis Den- nls, warranty deed, $10, SH NE, EH NWtf.NWH NWK.NV4 NE and water rights, Sec. 4-36-14. 8. D. Evans et ux to R. Maduen, deed, 810, lota 6 and 7, block 31, First addition. A. B. Llbby to W. E. Tlurrls, bond .for deed, $11,680, K SE4, BWV4 8RU, Hoc. 3; NK',4 NEW. Sec. 10-41-11. Lilllo Mae Remington et vlr to Katie P. Remington, warranty deed, 10, NWK ot lots 1 and 2. block 35, First addition. Emma V. Cogswell to J. M. Evans, warranty deed, 91,500, lot 7, block 11, original town. Arthur Lewis, et us to J. M. Evans, ult claim deed, 910, 30 feet off oath side lot F, block A, Nichols addition. B..F, Shepherd et ux to Nellie J. PetsnK Authorities Who Decline to I'm of Their Naasea Say Will Not Quit Their Locossntlve a Anticipated United Press Service . NEW YORK. April 33. It la con sidered certain that the railroad man agers will accept the offer of the gov ernmental mediation to prevent the engineers' strike. Official declining to permit the use of their names said "There will be no strike. We will accept the offer, and eventaally there will be an amicable agreement" PUBLIC AUOTK Oa Saturday. April 37. 9Lf1, there will be sold at public faction at Greennetd Fans. S mine4 southeast of Klamath Fall, oa Merrill road. 100 head ot pure bred smd registered Berkshire and Polaaaf China hog. Fifty each ot sows of Hie ftaest treed ing strains, some wsfh plga and bal ance will farrow asen: 10 head et ehole Poland Chlsja boars, 10 head of Berkshire boaraj all pedigreed and registered, or eligible to register; 30 bead of extra flae shoaU from the Im ported farm of Hsaersoa Bros., Ohio, aad C. H. ScboHeld. Mtoeoarli. aire and dame champion 1910 Chicago In ternational etpesltloa. This stock la 411 thoroughbred, aid guaranteed aa represented. A greed chance for tho farmer to get a start in the flaest strain la the Waat Sale Ukee (place at Qreealsld Farm. Saturday; April 39, 1913, rat areata. Term of sal Six anoalha tlaaVo approved security, with staterest at tho rate of 10 fcer ceat; I per ceat t for cast. FreeTuseevfoifaaaa aid beast OREIfVIBLD FARM. F. R. STARR. C. O. MRRRILL. Auctioneer. wlt-d-11-17 SHERIFF'S SALS OF PERSONAL PROPERTY Federation Aska Mediation United Press Servlee KANSA8 CITY. April 3. The re cently organized Federation ot Fed erations, composed of shop employes of .the country, baa formally asked President Taft to Intervene la tb shopmen's strike of the Harrlmaa roads. It declares that unless there Is a settlement the strike will be ex tended to all ot the Western roads. Zollle Clements at Stockton, Calif., pleaded not guilty of the murder, re pudiating his confession. HI trial Is June 4tfa. At San Francisco Juega Sergeant sentenced former Police Captals Michael Conboy to three year at Saa Quentln for shooting Bernard Lagan. Mrs. Ora Englle I down from the Fort to spend a few day In the city. "I suffered habitually Yroea eratti- patlon. Doan'a Regulet relieved aid strengthened the bowel, so that they have been regular ever since." A. . Davis, grocer, Sulphur Springs, Tex. Tempie theater, Matisse dally. 3:39 P. m. Evening, Int. Serf orasaaee. Tile. eueUaao- ovt& AT INI A.iPHCZAl CHILCOTE&HIC1 REAL RSTATa INSURARCH WB.MAKE A EPBClAlVnr mt in proagc gam laade. trouble toafcowproewrty. Fresnavat. tentloa vige all, taoslrtea. A few good boaaes foe rent If yew wan t bay or aU It will pay pm to see . next to AmsTteau Metal. Fheew Ml Notice le hereby glvea that oa Moa day. the 39th day t April, 1919, at the hour of 11 o'cloek a. m. of aald day, at the Altamont ranch, aboat two mile south of the city of Klamath Fall, Oregon, I will sell at public auction, to the highest bidder, for cash, la order to satisfy the sua of 93,600 and Interest at 3 per cent per annum from December 1, 1909, due on a certain promissory note aad chattel mortgage, securing tb same, the following described personal property, to wit: Two hay rakee, one dtteh plow, one spring wagon, one lumber wagon, two mowing machines, one grindstone; two emery grinders, on lawn mower, three wooden pullles, one disc bar row, two Jackson forks, one forge, two footing for derrick, dne elder mill, one boring machine, twelve owing sickle, two wooden shlves. on bellow, on fanning mill, two cook stove, one cupboard, two kitch en Ubles, on drop leaf table, two kitchen cabinet, seven bread pans, one dish pan, one bos atove, two churns, two bread pans, two barrels, one rocker, two chairs, one chain, one binder, one spring tooth harrow, on lot ot hay net, on derrick, one lot of harness, rope nnd cables, one spring cot, one combination desk and book, case, two commodes, two dregs- en, three bads, three bedsprlaga, mi mattress, oa nea ties, three carpet, seven window shade, -on kitchen chair, oa barroom chair, oa tea ebeet, two lumbsr wagon with bos, oae twelve-iach gang plow, on all glo top buggy, oae double top buggy, oi alagl harases, oa slaughter- bous wheel, oe hay rake, oa gar de seeder, oa cultivator, oa weed- ea drag or barrow, oa lroa harrow, oa iroa beam plow, oa tea-facb plow, oa grladstoa, oa gat Mai, oa set steelyards, oa set naraaM, oa blacksmith outat, ea derrtsk. SHERIFF'S BALK OF PROPERTY Notice le hereby given that on J:- urday. the 4tK day of May, 1913, at the hour ot 10 o'clock a. ui. of mid day, at tb bottling works ot A. Caa- tel A 'Company, coraer ot Spring Hood streets. In tbo City of Klaang Falls. Couaty ot Klamath, Stabapf Oregoa, I will sell at public auction. to the highest bidder, for rash, la order to' satisfy the sum ot $11. 831.10 aad taterest thereon at the rate of 9 per cent per annum from the 10th day ot January, 1911, said sum being due on a certain promis sory note and chattel mortgage se curing the same, the following de scribed pereoaa! property, to wit: About four hundred casks ot empty beer bottle; About three hundred beer cases; One lot ot crown corks and labels; On lot ot soda and soda flavors aad materials; Oae lot of empty casks; On Barry Wehmlller soaker; one lienea A Keller twelve spout filler: one lot of soda machinery, Including one Baltimore Crown corker and on carbonaUr complete; One lot of trucks for bottls beer and one tot ot rolling trucks; On lot ot emslt machinery, loots nnd npptlnace used la bottling work; on t double harness; one nine safe, aumber T. 17191, made by Cary Safe company; one office desk, mad by B. A O. Furniture Co.; on oHe chair; one black horse named "Cooa" branded "A Circle." weigh aboat 1350 pounds; on black horse named "Nig" branded "AH." weigh about 1350 pounds. That aald sat will be bad and made la aeeordaac wtth the term, roadrttons-eae" stipulations or n ob tain chattel mortgage, givsa to the Saa Francisco Breweries, limited, bv Piful Mugler. oi the 10th day of Jan uary, 1919, aad which chattel mort gage waa duly Had of record la the otic ot tb county clerk of Klamath couaty, Stat of Oregon, on the 19th day of February. 1919, aad recorded la Book 9, oa page 910, Record ot Chattel Mortgagee of said county. W. B. BARNES, Bhsrlff of Klamath Couaty. Stat of Oregoa. NOLAND A CRANE. Attorneys for tb San Francisco Brewer!. Limited. 9-11-19-11-S h reasonable, aad the same ha not been paid wtthla three months after stish depasturing, feeding, bestowing labor, car aud attsutlon upon said property. That said sale will b had and mad In accordance with the taw of the 8late ot Oregon In such cases made and provided, and the proceeds derived from such sale will be ap plied, first, to tho discharge of such lien to January If. 1911. and the costs and expenses of setting of said property, and ths remainder, If nuy will be psld over lo ths owners of said property. ALTAMONT INVESTMENT CO, and GEORGE NOLAND. NOLAND A CRANE, Attorney for Altamont Investment Company nnd George Notand. Dated at Klamath Falls, Oregon, April Id. 1911. 3-10-17-I4-I7 PERSONAL,- 1 .NOTICE OF SIIEIUFK-M HAI.K Equity No. 109. la (tie Circuit Court of tliu Stale ul and for Klamath In Notice ot 81 ed tsar aad Colt to Satiety Lie Nolle 1 hereby glvea that oa Moa day, tb 391b day ot April, 1919, at tb hour of 9 o'clock a. m. ot 'aald day, at the Altamont ranch, about two mile south of the city of Klam ath Falls, Couaty of Klamath, Stat of Oregoa, there will be offered for sale at public auction aad sold to the highest bidder for case, by the Alta mont Investment company aad Qeorge Nolsad, owaere of the Alta mont ranch, the following described personal property, to wit: One gray mar-, nbout 14 year old, named Klamath, brajdd IX oa Isft stifle, and oa bay cA about 3 years old, from this sura, ( That th above ddHalbed personal property will b aol)Jt tb tlm and pise hsrsln meatteajed, to Mtlsfy a lien on said personal property, amounting to the sum of $90.09, for depasturing, feeding, bestowing labor, care nnd attention upon said property fiom the 1st day of May, 1910, to the 39th day of January, 1919, at the special Instance aid request of J, D. Carroll and Perl B. Carroll. That the charge for such depastur ing, feeding, bestowing labor, car ad attention upon aald property I Ortguu Couutr. Walter It, Sart, Plaintiff, ' vs. Cvorga W. Carrlck and JomIo Cajrlck, Husband and Wife, Defendant t, To Whom It May Concern: Nolle I hsreby given that under and by virtu uf an execution and or der of aal duly Issued out of the uftlre of th clerk ot Hie circuit rourt of Klamath county. Oregon, on tlm 38th day of February, 1913 In thu iibovo entitled suit, upon a dfcrro madu aud entered In said circuit couh, to-wlt: the lSUi day of November, 1911, In favor of lb abuvu named plalntlft, W, II, Sayr, and agalntt tho abort named deftedxnti, George W, Car rlck and Jsstle Carrlck, husband and wife, ordering the ealo of tbo herein after described premlsoa. which aald prftntie are particularly de'crltied In Mid ault and decree, said premltes to be sold lo satisfy Iho Judgment and decree of this court In said suit In the amount of seventeen hundred, twonty seven and 23-100 (1727.35) dollar. togthr with the further sum of two hundred fifty and 00-100 ($350. UUJ dollars, attorneys feoi, assessed and taxed by the court, and the further sum of twenty and 40-100 ($10,40) dollars, eoitsand disbursements, wild Interest thereon at the rste of eight (8) per cent per annum, from and after the 18th day of September. 191 1 and for accruing cost. Now, therefore, by virtue of said execution and order uf sale, and compliance therewith, and In compllsnro with the ordfr of tho court recited In laid writ I have duty levtea upon tnn hern- in acriDei premie, and win. .hi Wednesday, the 23d day or May.1913 at the hour of 10 o'clock a. in. on Id day, at the front door of tin court house In Klamath Fall, count) of Klamath, state of Oregon, tell nt auction to the highest bidder, fur cash In hsnd, all nf the right, title. Interest, eitste, .or demand wtiatso ever, at law or In equity, Including the tenements, hereditaments, nnd appurtenance thereunto belonging or In anywise appertaining to tho hern- Jnnfter described premttr, belonging to th ald Grorg W. Carrlck and Jest! Carrlck, huiband and wife, uf either of them, being the undivided one-fourth Interest of, In, and to lotr two (1), three (3). four (4), fire (5), six (8) and secen (7) , and the northeast quarter ot the north. east qusrier, an in aection seven. (7), and th southeait quarter of the southeast quarter, ice tlon six (8), and tho cant half of the touthwest qusrter and tlm south hall of the southeast quarter. In ai-clluii flvs (t). all of said land belna In township forty (40) south, range nine (9) east, Wlllamttte Meridian Klamath county, slato of Oregon, or such psrt thereof as may bo nvcoxary to satisfy said execution and tin amounts therein named, Incltidlnc Judgment, attorney's fees, rot, Inter. est and ccrulng costs; tho proceed of said sale to be applied to the sails, faction of ssld execution, order of ssle and-decree, including said Judgment, attorney's fees, coils. Interest and nc crulng costs, and the overplus, If nny there be, to be paid into the court to be applied as may bo required or directed. Dated, Klamath Kails, Klamnth county, atatn of Oregon, this 22d day of April, 1912. W. B. BARNES. Sheriff of Klamath County, Oregon. E. L. Elliott. Attorney for Plaintiff. 32-29-8-I3-20 We let ssrs steer CewesMr We caa saealy year sviry aakleg rfe THE FIRST NATiqitiL BANK USINBASUIANKINO x Wwlht'vysV CsHUI 9ise.se H t . - .J I I Phonographs Typewriters- Sewing h Pianos Oil term r kimIi U t'lititpMe. VV offur you eMrythlm i. ... . , . . . i " ,M4I HI lerin tunt wiji'im u inmr, rsni iur long or Short U apply rtnt IMl.l on purrliaiii ptlcw. Legal blnnlui and tfwmlll ippiie-i. -t MULLER MUSIC COMPANY ' Main .street, between 7th and 8th X POINTING ON TIME Out facilities enable uh to del is or nny job of printinfe.promptly, nnd always by the time arectlS upon. Wo deliver ths finished work not, excuses ami it'i good work, too. Call, on us for every thing in tho printing lint, und be assured of prompt and efficient service. W. O. SMITH PRINTING CO, HtrtALD BUILDINO, rOURTH BTftCKT CTWCCN MAIN AND KLAMATH . The World Moves So Do We More Baggage Passenger! A ,-. to and from all trains and botti and give you Quick Service Household-Heavy Freight A Specialty Blacksmith Shop In Connectioi Are prepared to turn out all kinds of First Class Work. Shoeing special attention O. K. (Transfer Co. Night Phone 873 SPRING MEDICINE FO R THE BLO OD Tlm filil.fmtil.iiiitjl fHMftn.it . iLI.,atM l.tiinil.tiiirlfvlnx SSlSt? KlU'll rilirlllK la n imlnlnrv nn. Hinarla.il,. urnvpil III" wltd0Sl rlililliig tho Mood anil tlssuss of refuse inaler nml nlhsr Impufllfc" 'nt this sonson. I If imnl Mitt) Ida proper ilcgroo of regularity iliirlmr the moattj Jf spring, n reliable "blood romnilr" will augment Ilia ollnilnsIlM nvcrcinviitlllou maturlnU from Inn system, onrlch ll blood, sllai lull) Klnmliilnr activity, Increaau tho appetite, Improve dleatloi. ff llt-io languor nml fortify the genoral economy ngalntt illisass. lllrli, red blood, nn niilv brain, n vigorous body snd iuw biioyniicy of spirit froqiiontly results from tho uso of a slngls oows of a simple, well-prepared mixture of lite tlmo-trlod herbs, br roots and nltorntlvns, , . A. I). B. Illood Homed)' Is universally esteemed as a "sprlai Iclnit," becausn of (ho exceptions! purlly nf Its woll-cho.en lairs entii und the skill with whlclt Is prepared. M This prepnrntlon Is pnrtlciuarly beneficial for those who are jr" down," larking In oner'gy or otherwise depressed, physically or A. 1). H. Illood llcmedy Is absolutely free from mercury, " or other Injurious substnnres, nnd Is well adapted to th1 reeuirr menu of both tho youthful and aged. L WlfrstylAN DRUG CQ 3 "y,f