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originally made required that before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