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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (June 19, 1909)
VOLtJME VIII. LA GRANDE, UNION COUNTY, ORE., SATURDAY, JUNE 19, 1S09. NUMBER 207. DECISION THAT ES on LOCAL OFFICIALS TAKE STAI AGAIXST DEPAUTMEM Another Decision Handed Down by llramnell And EUerhnrd Which K ot In Accordance With Department Orders Local Officials Convinced Tin lr Stand Is a Just One And Will Hold Water When Taken up Higher. The United States land office at La decision refusing to follow a regula tion of the Department of the Inter ior made for the carrying Into effect of an act of Congress. The case is that of the United States vs. James D. Rose, wherein a special agent filed charges against the entryman, alleg ing non-residence upon the land, and also that, in disregard of a regula tion of the department, no cultivation or other use of the land had been made by the entryman. The land is within the Umatilla Indian reserva tion. At the trial, it was stipulated Rose never established or maintained residence on the land or made any use of the same for the reason that It was not susceptible of cultivation or residence, and is exclusively graz ing land, incapable of any profitable use other than for grazing purposes. The acts of March 3, 1885, and July 1, 1902, under which the entry was originally made required that before a patent shall be Issued for such lands, the purchaser should make sat isfactory proof that he had resided upon the lands for at least one year and reduced at least 25 acres thereof to cultivation. Later, by two sep arate acts, Congress sought to excuse residence, upon the making of final payment by entrymen, who should be entittled to receive patent therefor upon submitting satisfactory proof that the "lands so purchased are sus ceptible of cultivation or residence and are exclusively grazing lands, in capable of any profitable use other than for grazing purposes." The Department of the Interior, 1 however, apparently not satisfied with the provisions of the acts, promulga ted a regulation which required that in case it was attempted to be shown that the lands were not susceptible of cultivation, what efforts, if any, had been made to cultivate the same, and if residence was attempted to be excused what efforts had" been made to reside thereon, and If the lands were to b e classed as grazing lands incapable of any profitable ubo other than for grazing purposes, to what extent the lands had been so used for these purposes since they were purchased " The issue nreaented to the officials, ,ir,,i- .u- ...u n.. .w M.tuci iiici WIUCUCB Us DLIllUiaicu, iciu no room for discussion about the f . M"M $2.00. Hand " ... ALL THE NEW STYLES. We have a large line of new hand bags, that we are P-ninn- to sell at one-half price and less: We have displayed this line of bags on the big table in ; our store, and have marked them "Your Choice tor Two Dollars." Whether or not vou n?ea c.ic ai present, vou cannot afford to miss this sale. Twenty or more differtn kinds. Call and see them. $2.00. HILL'S I LA GRANDE, OREGON facts, and it was squarely upon the point that the regulation was !. ex cess of the power of the department to make that the entryman made his fight. The local office had decided in effect that the regulation was in excess of departmental authority several tlotes, ut ro decision ohm way or the other has beeen forthcom ing for some time, indicating that the matter was being thoroughly threshed out. For this reason, and the fact that the decision, which is a joint one by Register F. C. Bramwell and Re ceiver Colon R. Eberhard, written by the former, covering many pages, dis cussing dozens of cases and politely decides in effect that if Congress had desired these additional requirements it would have said so and hence the additional requirements of the depart ment from Rose were in excess of the authority 0f the department to make, is regarded by attorneys as the final stand of tb inoni nm-.-. tv'- actlon will require the special agent3 to appeal all such cases to the com missioner of the land office if they hope to have the regulation enforced. The action of the land officials was largely based on 'a case In the U. S. Supreme Court (106 U. S. 2G") where in Congress had passed a law admit ting duty free n animals for breeding purposes." The treasury department promulgated a regulation requiring all stock imported under the law to be of "superior stock" and it Is said by lawyers that the decision of that august body in knocking out this regulation came as near being face tious as any on record. Involves Thousands. There are something like 15,000 acres involved in this pne case as the j nose uecision win oe raaen as prece dent. Litigation of the most volum inous kind is going to follow if the de cesion of the local officials is reversed by the secretary of the interior. SHAKE BITE RATTLE SXAKE CLAIMS VICTIM AT WEXATCHEE. Boy Searching For Ground Squirrels Bitten by Reptile. WENATCHEE, Wn., June 19. John Moon, a wheat grower near here, and I his wife are today prostrated with grief over the tragic death of their son, aged 15, whose body was found In a field where it was bitten by a rattle snake. Accompanied by his dog. the boy left home Monday to catch ground squirrels, his Doay was lounu by a searching party. The boy was evidently bitten by a snake while reaching Into the hole to get a squir- mi Tracks showed he had died ( .v-.. while trying to reach home. - 4' . $2.00. 1 5 $2.00. POISONED Bags DRQQ JTOREj alhoun FIVE-MONTHS' TRIAL' ENDS AT 11.45 THIS MORNING Calhoun Nervous During Concluding Arguments in Remarkable Trial Heney, hoarse and still fighting with his old spirit, wound up probably the most effective and sincere argument ever made before a jury In a criminal cbbc In this Btate today. The court room was crowded. Heney scorel all alleged false charges made by the defense and appealed to Jurors not to let any fra ternal prejudice Interfere with them in fli.ding a verdict The case went to the Jury at 11:49. Concluding his argument, Heney Bald: '.'You Jurors have but one considera tion before you when you retire to deliberate, and that is, you may leave there, and go home with full cons cience that you performed your duty to God and man; I leave the case in your hands, confidently expecting San Francisco to have no reason to ques- j BOURNE SUPPORTS In Interview Affirms He is Approving of Taft's Pet Measure WASHINGTON, June 19. Senator Jonathan Bourne in an interview to day, stated that his unqualified ap proval of the corporation tax advoca ted by Tart. He believes this is the psyschological time for sweeping re- rorra in methods of ra sine federal INCREASE ASTER Executive Committee Interest by Prize classes for the coming Aster show were arranged this afternoon at a committee meeting consisting or Mesdames E. E. Bragg chairman, Al bert Hunter and E. Polack. Mr. A. L. Richardson is also a member but was absent. Chief among the things ar ranged tor, was to make this postively the most elaborate of Its kind ever held, arid to do this, the committee decided to make more classes for en try. The following extensive list of ni mil! imy Weahter forecast Fair and warm er tomorrow. Experienced weather eyes affirm Sunday morning will break clear and bright, with sunshine to go around for everybody who participates in the Rail Road Men's excursion to Joseph an1 Mlnam tomorrow. The arrrangements are completed. Jack O'Neal Is here and will person ally conduct the Joseph excursion. The company has the equipment ready and there is now nothing to stand In the way of the popular event which has been before the public so long, ex -Jury. etiherating tion the conscientiousness of your verdict" The Jurors retired to the upstairs room of Carpenter hall, and the court ordered the police to drive people away from the front of the building. Jurors plunged into the work, not taking time for lunch. District At torney Langdon, after court adjourn ed, warmly thanked Heney for hia Bel-vices. , Heney then went to his home to await the decision. Calhoun Was Servous. For the first time since the trial commenced five months ago, Calhoun was nervous today. As the time fo." the Jury to retire drew near, when Heney resumed his closing argument he appeared stronger than on the two preceding days CORPORATION lU revenue and incorporation reform. That Taft's plan met with the approv al of many of the senators was shown today when the senate agreed to con sider the proposition to the exclusion of all other business, immediately upon the final disposition of the tar- Iff schedule of "free lint." SHOW CLASSES Will Incite Greater Wider Scope classes were aranged for," with the number of prizes to be given in each: Best yard; 1, 2 and 3 prizes. Largest collection of fine asters: 1, 2 and 3 prizes. Best collections of pink; 1 and 2 prize. Same for purple and white. Most artistic boquet of white, first prize: pink, first prize and purple first prize. Mixed boquet, first prize. Best single specimen; prize for best white, best pink and best purple. cept climatic conditions and even these are predicted from all sources to be fair' and clear. Trains Leave Early. The first train will leave promptly at 6 o'clock tomorrow and go to Jo seph. The MInaru train leaves a half hour later and will cany thone who Intend to put In the day with hook and line. Four barrels of chickens were ship ped to Joseph today and will be used by the Commercial club at Joseph to feed the hungry ones who may like fowl. The launches will be at the dis posal of the La Grande people, gratis, the latest Information (ioinix rs to Europe. . NEW YORK, June 19. Among the passengers Balling on the Baltic to day is President Samuel Gompers of the American Federation of Labor,1 who will remain abroad until some time in September. Mr. Gompers will make a through study of the economic and sociological conditions existing in the various European countries. He will attend several labor congresses and make a general Investigation or ; industrial ronditlons in Grest Britain and ;ic Continent. He has heen informed that the Court or Appeals or the District of Columbia will not render' a de cision In the contempt case in which he Is one of the defendants, under the October term. "Our unnii.l .r ' held In November," said Mr. Gompers, so I will get back in time either to attend It or go to Jail. I would pre fer," he added, "to attend the conven tion." - " - Baseball Magnate Dies. XENIA, Ohio, June 19. George L. Dovey, the president, and heaviest Btockholdr in the Boston National league team, died on a train near Cedavrllle early today from hemor- hages of the lungs. Popular Anto Race Started. CROWN POINT, lnd., June 19.- Thousands today witnessed the ritai t of the great Cobe-Trophy automobile race, A total distance of 395.65 miles is considered the most severe auto test ever attempted. ILL PURCHASE TUMIir 111 I if L AH EXECUTIVE COMMITTEE HERE TODAY. MEETS Will Advertise For Bids to Supply Un ion Members During Harvest. This afternoon the executive com mittee of the county Farmers' Educa tion and Cooperative Union met in La Grande and took action toward adver tising for bids on sacks and binding twine to supply the members of the Union during harvest. The committee consists of one delegate from each of the seven locals in the county. The committeemen are: F. Zubrick, La Grande; D. McDonald, Alicel; J. Woodell, Imbier; R. Blumensteln. El gin; C. H. Chambers, Cove; W. 8. Paddock, Union; and Andrew Lun, North Powder. J. W. McAllster, presi dent of the La Grande local, is sec retary of the county union. according to from Jobeph. . t5i Needles, Shuttles and Bobbins for use in All Makes c Sewing Machine. j Hardware jand Furniture : W. H. BOHNENKAMP Co. ST TWO DECADES EORMOlS KA1X ALL OYER THE SANDIUDGE C0U3TEX More Than un Inch Falls at Union Yesterday Afternoon Imbier And Alltel Country Soaked to n Turn no Actual Need of Mure Rains to In sure Uecordbrcalklng Crops In Im bier Country Only Trifling Damage. Sam Brooks of Imbier came up this morning via the Sandrldge, and re ports that the entire 'section north, of La Grande was visited by rain yes terday afternoon and evening. Mr. Brooks states that .in the vicinity of Imbier this was the heaviest rain in, the past 25 years. It amply fell la torrents and that, while some grain was knocked down, it was of general inestimable value. It matters not now whether that section receives any. more rain this senson, for both spring and fall grain will be Immense with out any more moisture. The grain, that 1b down will be all saved for bar and, as a certain portion of the grain is cut for that purpose anyway, Mr. Brooks states that with exceptional Instances there will be no losses whatever. Enormous Ralufull. , UNION, June 19. Yesterday's raid storm was the most severe of many years 1.25 inches of rain falling while the shower lasted. Heavy hall knock ed down; some grain but the trifling losses were offset by the abundance of good to the growing crops.' High valley roads were damaged some. ' 'ot Unusual at Cove. ,; , COVE, June 19. (Special The rain stivji yesterday and last night was not unusually strong or hi", but soaked the ground thoroughly, It lacked the fierceness of other point In the valley. P 3 ENGINE DERAILED. Ran Off Turntable And Burled Itself In The Cinders. As engine 209 was leaving the turn table last night Just after being run out of the house It dropped off the track and the trucks sank almost out of sight in the cinders. The turntable had not been locked before the en gine was run off, and the accident re sulted. ' March For Hoi Name. PHILADELPHIA, June 19. Tea thousand members ot the Holy Name societies of the Catholic church are expected to take part In tomorrow's street parade and services at the cathedral. Machine Supplies nm. it "o. osa 1 o , J Simple, durable, automatic ' ' , Z ItthreKUaayneedleltsetfeveatntbe dais.. Most valuublnof all attachment. No iwUUag, biting or cmunu thread. ; Sewing 1 lfi" Needle nllLTlircader I 'i: I - j'V I i ': I'' iir 1 e e' e m '? i