1
OUR COUNTY
ii i ;
I to oouhkspoxdknts. All corresoondents
are requested to write on one side oft be paper
only. This will prevent our re-writing the matter
written on the reverse pages, whioh must In
variably be done, and will also prevent many
Interesting items from being entirely over
looked. Correspondents who are short on
supplies should notify this office, and we will
pnunpuy lurnisn waat is neeaea.j
agle Point Eaglets.
BY A. C. HOWLETT.
Borfi, To Mr. and Mrs. Joseph
KUeyy May 2, 1896, a daughter.
Mr. Beal, of Big Butte, was the
guest of the Hoy t brothers last week
Peter Simon, of the Pioneer hotel
was doing business in Medford last
featurday.
Rev. J. P, Moomaw will preach
here next Sunday at 11 a. m., and
i ioj p. III.
Mrs. M. S. Wood and her daueh
ter, Ora, started for Colestein to try
tne climate lor Miss Ora s health.
J. S. Howard and one of the offi
cere of the Rogue river ditch com
pany were here the first of last week
Misses Mattie Taylor and Millie
Howlett visited Mr. Hoyt's family,
on Big Butte, the first of the week.
Miss Mamie Wood was in Med
ford last Saturday attending to
business for her mother, who is at
Colestein.
Mrs. Geo. Morine and her daugh
ter, Alice, started last Saturday to
visit Mrs. M's father, Mr. Cliff, near
1 iioenix.
Prof. T. C. Barnard, who is teach
mgscnooi on upper Kogue river,
passed tnrougn town with his fam
ily last Dndav on their way to
Central Point to visit Mrs. B's par
ents.
Walker Lewis came down from
his ranch, on Elk creek, after sup-
piies. ne reports Having killed an
enormous, grev wolf which was a
terror to the stockmen in that lo
cality.
walker Lewis returned to his
ranch on Elk creek last Mondav,
He and his father have taken claims
adjoining and are building a house.
As soon as it is completed they ex
pect to move the family thereto
Mr. Li., thinks that he has one of
the finest locations in that part of
tne country.
in looking over the long list of
new subscribers to The Mail I was
surprised to see so many names of
persons m the old states, among
wnorn J. recognized the name of B,
B. Hubbard, of Pekin, N. Y. He
esed to be one of our townsmen and
h& many friends here will be glad
to know that he hears from his old
home regularly every week.
Mr. and Mrs. A. Hoyt, of Big
Butte, were visiting their sons and
also friends in this community the
first of last week. Their son Ed.
and A. V- Barnum started last
Thursday for Klamath to join John
Irvine, where they expect to be en
gaged in the dairy business. If the
prospect seems favorable they ex
pect to take their band of cattle to
hat range for the summer.
tfold Hill Items.
BY WILL
"Mr, McNeil is out on the moun
ting prospecting.
Miss Anna Clement3 visited
friends here last Sunday.
Wat Wolf haB found a rich
pocket of ore on Galls creek.
Ed. Card well made ' a business
trip to Sams Valley last week.
Geo. Brown, the Eagle Point
merchant, was in town last Friday.
Mrs; Conner has gone to Cottage
Grove on a visit to her son, R. A.
Conner.
J. W. Masterson has gone to
Astoria to represent the I. 0. O. F.
of this community.
Charley Golden expects to leave
soon for San Francisco where he
has a business location.
We have two Saturday night
- dances now, a new one having
sprung up in the opera house.
Mr. Hubbard, of ' Washington,
brother of Mark Hubbard, the
blacksmith, is in Gold Hill at
. present.
Jay Pur key pile, our depot agent,
spent Sunday night at home, car
ing for his father who has been
quite ill:
Curt Parker and daughter, Miss
Kate, Miss Ella Benson and Mrs.
Williams made a trip to the Kubli
mines Wednesday.
The three young ladies, who
have been attending school here,
Misses Anna Clements, Ella Benson
and Katie Fries, were all successful
in passing the late teachers' ex
animation. Miss Clements will
teach at Flounce Rock, Miss Ben
son at Prospect and Miss Fries at
Mt. Pitt.
A Chinese wash bill whiVti
in the circuit court proceedings of Coos
county is proving quite a campaign do
cument. A turnpike road is to be constructed
from Junction to Eugene.
McMinnville is to have a labor exchange.
MR. CRO NELL'S LAND CASE.
(Coneluded from Page i.)
Crowell is now possessed of 293 acres
of land held under warranty deed, and
beine in excess of the amount of land
permitted to be held by homesteaders
under the act of March 3, 1891."
The final proof of said Crowell was
taken and tne witnesses thereto sub
jected to a cross examination by the
Protestant.
On July 14, 1894, the said final proof,
protest and the testimony taken, were
tiled in this office.
Action thereon was suspended be
cause of the .land embraced in said
entry, being, at that time, involved in
a case before the Honorable Secretary
of the Interior on a motion lor review,
filed bv the state of Oregon.
On October 10, 1894, the Honorable
Secretary of ttys Interior denied the
motion for review filed by the state
(IS L. D. 245), and the records being
clear, the matter now comes up for
decision.
On November 27, 1894, W. R. Willis,
attorney lor claimant. William 5,
Crowell, and A. M. Crawford, attorney
for the protestant, vV. A. Forbes,
tiled their briefs in said case.
From the testimony, final proof and
records, it appears that the claimant
herein made settlement on the sei sen.
18, 1 40, s r 5 east, on August 15, 1890,
the land at that time being unsurveyed;
that the approved plat of survey was
filed in this office on March 15. 1893,
and on March 20, 1803, Crowell made
H. E. No. 7564 for the 6ei see. 18,
40, 8 r 5 east, under th6 act of June
8, , 1872; that he made improvements
tnereon consisting of a log house 12x16,
woodhouse, well, etc., two acres cleared
and fenced, valued at about $500; that
he had cultivated the clearing; that
he had been absent considerable of the
time because of ill health and on ac
count of business; that the land is in
excessible iu the winter time because
of the deep snow, and that it is impos
sible to obtain medical assistance; that
at all times his cooking utensils, farm
ing implements, etc., were on his
claim, and that he at all times claimed
thatas his soldier's homestead and his
home.
The cross examination goes to show
that the claimant has not resided on
his homestead continuously during the
past 12 months; that he Is and was at
the date of his entry the owner of 293
acres of land, being in excess of the
amount allowed under the act of March
3, 1891.
As to the allegation that the land is
chiefly valuable for its timber, the only
evidence we find in the record are the
ex parte affidavits of G. W. Bailey,
reter Appiegate ana J . 5. Howard.
it is a well settled rule that ex parte
affidavits are not evidence. (3 L. D.
250; C. L, D. 440; 7 L. D. 433; 12 L. D.
68.) But it is contended by the attorney
for the protestant, that it the afidaviu
are not considered, this office should
order a hearing in order that the pro
testant may oner proof, and cites
Marlensen vs. McCaffrey (7 L. D. 315)
and Hoover vs. Lawton (9 L. D. 273)
but in these cases, an adverse claim
ant is referred to in every Instance,
while in this case the protest contains
no mention of an adverse claim. Be
sides there is nothing in the record to
indicate that the protestant desired
any further hearing in the matter,
but on the contrary everything goes
to show that he rested his case on
testimony adduced at time of final
proof. The further fact that the affi
davits of Appiegate and Howard were
made on July 10. 1894, the day of talcing
final proof, and the fact that Howard
is a resident ot Medford, the place in
which final proof was made and Apple-
gate a near resident, would indicate
that they either would not testify or
that the protectant did not desire them
to do so. We do not think the point
is well taken.
It is urged that the fact that Cro
well is possessed of 293 acres of land
in Jackson county, disqualifies him
from making a homestead entry, be
cause of the act of March 3, 1891,
which says that a homestea.! entry-
man must not be tne proprietor or
more than 169 acres of land.
The third section of the act of May
17, 1886(21 stat. 140) provides "That
any settler, who has settled, or who
shall hereafter settle, on any of the
public lands of the United States,
wnetber surveyed or unsurveyea, witn
the intention of claiming the same
under the homestead laws his
rights shall date back to the date of
settlement."
It is shown that Crowell made settle
ment on said claim in August 1890,
nearly seven months prior to the pas
sage of the act limiting a homesteader
to 160 acres, and that at that date.
August 1890, he was not the owner of
any land in tbe Unltea atates, and
that he purchased 293 acres of land in
Jackson county, Oregon, in November
1890, and prior to tne passage oi the
act of March 3, 1891.
Under the act of May 14, 1880 (supra)
it is shown that the right of the home
steader relates back to the date of
settlement, and such being the case,
we are of tbe opinion that tbe rights
of Crowell could not be effected by
laws passed subsequent to the date of
his settlement. At the date ot settle
ment, the land was not surveyed and it
was not possible for Crowell to
make entry at that time. The ap
proved plat of survey was filed in
this office on March 15, 1893, and
on March 20, 1893, five days
after said -plat was filed, Crowell
made his application to enter, and
the application was allowed. The
fact of Crowell's ownership of 293 acres
Awardetf
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must have been shown in his appli
cation at the time bis said application
was allowed, and as almost two years
have elapsed since that date, and the
entry has not been canceled, we are
of tbe opinion that tbe entry is legal
It is contended by the attorney for
the protestant that the fact itafc Cro
well was elected a BchA. director in
Jaokson county, precludes Crowell
from claiming a residence elsewhere
The claimant s:iya he was elected to
said office during his absence and
without his knowledge Or consent, and
that he stated he did not think he was
elllglbleon accouut of non-residence,
but was told that hr "0 in fuvor of
good schools, and the "' " "wont
kick" or thev would not huvu enacted
him iu his absence.
We do not think that the offico of
school director, in a country district,
obtained in n manner set forth, would
tend to establish a permanent residence
for according to Crowell's undisputed
testimony, he told theru of bis ineli
gibility and acted as such, merely by
requost. j
Another allegation herein is bona
fides of the claimant. Th ouoetlon
is, has the claimant complied with tbe
law as to residence and cultivation and
has he made said entry iu good faith?
The testimony of tbe claimant shows
that he soUled on the sei bcc. IS, t 40,
s r 5 east oh August 15, 1830, almost
four years prior to the commencement
of this contest, and during tbo period
exteadintr from that time dowu to
July 10, 1894, the date of final proof,
he was never absent as' long as six
months at any one time.
Claimant savs that because of the
high altitude and deep snow.s and be
cause of chronic heart and liver trouble
he was not able to remain on bis
in the winter.
It has frequently been hold that
"absence (from homestead) is excused
in winter when the altitude of the
land Is such as to prevent residence
tbrougbout tbe entire year." (o L.. u.
811; 9 L D. 450) Also Temporary
absence occasioned by ill health do not
Interrupt tbe continuity oi residence."
(5 D. D. 215; 8 L. D. 853; 9 L. D. 146)
The improvements of Croxroll are
not disputed and tbo evident shows
that until the present time uo sale
for timber in that section and
that it would have been waste to have
destroyed any quantity of the timber;
that a road has lately ben built in
the vicinity of this tract and that it
is now more valuable than at the date
of claimant settlement, and that other
parties now want it.
The fact that Crowell sett! : hereon
nearly four years prior to the com'
mencement of this contest, and made
improvements to the value of 400 or
$500, and at a time when there was no
sale for timber, would indicate that
the entry was not speculative, as
asserted.
The record shows that Crowell is an
honorably discharged soldier of the
rank of captain and under tho act of
June 8, 1872, is entitled to tho term of
3 years and 7 months, being .h-s term
of his service, to apply on the residence
of five years, required ' in home
stead entries. Therefore, proof of
residence for a period of one year live
months is all that is necessary to com
plete the entry.
Tbe fact that settlement was made
thereon in 1890 and that improvements
and residence had been maintained
during the term extending down to the
present, shows to our roluda tbat tbe
entry was mado in good faith.
We are therefore, ot tbe opinion to at
the protest of W. A. Forbes should be
dismissed, and tbe final proof of Wil
liam S. Crowell on his H. E. No. 7564
for the sei Sec. 18 tp. 40 s. r. 5 east
6hould be allowed, and we so do decide.
Thirty days are allowed in which to
appeal from this decision to the Honor
able Commissioner of the General Land
Office.
K. M. Veatch, Register
R S. Sueridav, Receiver.
Department ok the lNTEiuoR,Gen-
eral Land Office, Washington, D. C,
August 12, 1795, Messrs. Geo. C.
Hazleton and Benj Butterworth,
Attorney? at Law, Washington, D. C.
Sir: Referring to your appearance for
tbe defendant in the case of W. A.
Forbes vs. W. S. Crowell, involving
homestead entrv No. 7564, Hose burg.
Oregon, Land Office, you .are hereby
notified that by letter or this date, di
rected to the local officers, said case
was decided in favor of tbe defondant.
Respectfully,
E. F. Best,
Acting Commissioner.
The following is the full decision of
the general land offloo at Washington,
D. C, in Mr. Crowell's favor:
Department op the Interior,
General Land Office, Washington,
D. C. August 12, 1S95. W. A. Forbes
vs. W. S. Crowell Involving H. E.
No. 7564 made March 20, 1893. Regis
ter and Receiver. Roseburg, Oregon.
Gentlemen: On March 20, 1893, de
fendant made homestead entry for the
eei of sec. 18, in tp. 40 s, r. 5 e., W. M.
On July 10. 1894, Crowell made final
Eroof on Soldier's H. E., for the land
ereln involved, before Austin S. Ham
mond, U. S, commissioner at Medford,
Oregon, after due notice by publication,
as required by law.
On that day appeared W. A. orbes,
the plaiutiff, who filed protest against
the final proof being accepted, alleging
"tbat tbe claim nied on by uroweil is
cbiefly valuable for its timber and is
not generally agricultural land; Tbat
Crowell has not complied with the law
in regard to residence, in that he has
continuously resided in Jackson county,
Oregon, since making his homestead
entry, aud that said Crowell is now
possessed of 293 acres of land held un
der warranty deed, and being in excess
of the amount ot land permitted to be
held by homesteaders under the act of
March 8, 1891."
The final proof witnesses were sub
jected to a cross examination by the
(protestant) plaintiff.
On July 11, 1894, the final proof, pro
test and testimony taken, were tiled in
your office.
Action thereon was by you suspended
because tbe land embraced within the
defendant's said entry was, at that
time, involved bofore the secretary, on
a motion for review, filed by the state
of Oregon.
On October 10, 1894, the secretary
denied the motion for review filed by
the state (19 L. D., 290).
On January 10, 1895, you rendered
your decision, dismissing plaintiff's
contest, and recommended that defend
ant's final proof should be allowed.
On February 2, 1895, plaintiff ap
pealed from said decision, assigning
that you erred in holding that the affi
davits of Bailey, Appiegate and How
ard, could not be considered as evi
dence in the case; that you erred in
holding tbat plaintiff was and is not
entitled to a hearing, to enable him to
furnish proof of the matter set forth in
Baid affidavit; tbat you erred in hold
ing that the homestead claimant did
not disqualify himself from entering
land under tbe homestead laws of the
United States by the purchase of 293
acres of agricultural land prior to mak
ing his said homestead entry; and that
you erred in awarding the land to de
fendant and admitting and acoepting
nis uuai prooi. - .
From the records it appears that the
plaintiff filed before Austin S. Ham
mond, commissioner, the ex parte affi
davits or u. w. Bailey, feter Apple
gate and J. S. Howard, tondiwr to show
tbat the land Is chiefly valuable for its
limber.
As it is a well settled rule that ex
parte affidavits cannot bo considered
as evidence In a contest case, said affi
davit will not bo considered bv me.
From the testimony it appears that
tbe defendant settled on the land Au
gust 15, 1890, the land at the time be
ing unsurveyed; that the approved plat
of survey was filed in your office March
15, 1893, and on March 20, 1893, defend
ant made his H. E., for the land in
volved, under the act of June 8, 1872;
that he made Improvements thereon,
conbistlng ot a log house 12x16, wood
house, well, about four acres cleared
and fenced, valued at about $500; that
be had cultivated the cleared land each
year from 1890 to and Including 1894;
that he bad been a soldier in the late
war and had been commissioned to the
grade ot captain; tbat while In the U.
S., service he had contracted chronic
diarrhoea; that he has for several years
post had heart and liver trouble, wblch
incapcitated him from doing much
physical labor; that he has almost con
tinuously been under the care of a phy
sician; that he bad been absent consid
erable of the time because of ill health
and on account of business; that tbe
land is inaccessible in winter, because
ot tbe deep snow, and it was Impossible
to obtain medical assistance, as tbe
laDd is thirty miles from a physician;
tbat all his cooking utensils, farming
implements, etc, have remained on the
land all the time; tbat he has never
been absent from the land six months
at one time; that he was the owner of
293 acres of land at the date of entry,
but be was not tbe owner of any land
at the date of bis settlement; that he
purchased the 293 acres in November,
1890, tnd prior to the act of March 3,
1891; that during tbe time be was liv
ing on bis homestead and without his
knowledge he was elected school di
rector in Jackson county, the county in
which tbe 292 acres is situate.
It is contended by plaintiff's attor
ncy that if the affidavits heretofore re
ferred to are not considered, your office
should have ordered a hearing, in or
der that he might offer proof, and
cites Hartensen vs. McCaffrey, 7 L. D.,
315, and Hoover vs. Lawton, 9 L. D.,
273; but In these cases adverse claimants
are referred to, while in this case the
protest contains no mention of adverse
claim. Besides I find nothing. in the
record to indicate that the plaintiff de
sired any further hearing in the mat
ter, but it appears that he rested his
case on the testimony adduced at the
time of final proof. The fact that the
affidavits were taken on the day of mak
ing final proof would indicate tbat they
either would not testify or tbat plaintiff
did not desire them to do so. The
point is, therefore, not well taken.
it is contended tbat tne ract tbat the
defendant is the owner of 293 acres of
land disqualified him from making a
homestead entry, because of tbe act of
March 3, 1891, (26 Stat., 1095) which
says "but no person who Is the pro
prietor ot more than one hundred and
sixtv acres of land in any state or
territory shall require any right under
the homestead law." ...
Tbe third section ot the act of May
14, 1888, (21 Stat., 140). provides "That
any settler wbo Das settled or who
shall hereafter settle, on any public
lands in the United States, whether
surveyed or unsurveyed, with the in
tention of claiming the same under the
homestead laws, his rights shall date to
the date of settlement."
It is shown that defendant made set
tlement on said claim In August, 1890,
nearly seven months prior to the pas
sage of the act limiting a homesteader
to 160 acres, and at that date, August
20, he was not the owner of any land in
tbe United Stales, and tbat be pur
chased the 293 acres ot land in Novem
ber, 1890, and prior the passage of the
act of March 3, 1891.
Undet tbe act of May 14, 1830, above
mentioned, it is Bhown that the rights
of homesteaders relate back to the date
of settlement, and ujh being he case,
I am of the opinion that the rights of
the defendant oould not be affected by
laws passed subsequent to the date of
his settlement.
At the date of settlement the laod
was not surveyed, therefore he oould
not make entry at tbat time. Five
days after the plat of survey was filed
in your office defendant made bis appli
cation to enter, which was allowed, and
as more than two years have elapsed
since that date and the entry has not
been concealed. I am of the opinion
tbat the entry is legal.
It is also contended by attorney for
plaintiff that the fact that the defend
ant was elected a school director in an
adjoining county precludes him from
claiming a resldenue elsewhere.
Defendant stated that he was elected
without his knowledge or consent, and
that he did not think that he waseligl
ble to hold said office, on account of
non-residence, and was told that the
people would oot "kick." I do not
think that the office of school director
in a district would tend to establish a
permanent residence.
Even if It should be admitted that he
held the office legally, he would have
tbe right to move to the place to hold
the office.
The question then is, has the defend
ant compiled with the law as to resi
dence and cultivation and has he made
said entry in good faith.
As he settled on the land August 20,
1890, almost four years prior to the ini
tiation of this contest, and never was
absent as long as 6ix months at any one
time, and mode improvements of the
value of about $500, would clearly show
that his entry was not made for specu
lation, as asserted.
For the reasons herein given, your
decision is sustained and the plaintiff's
contest is dismissed.
You will notify the parties hereof
and the plaintiff of his right ot appeal.
Respectfully,
E. F. Best,
Acting Commissioner.
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such that he was confined to his home, and
finally gave himself over to the care of m
Shysician. Mr. Coleman's experience as a
ruggist had given him an acquaintance
with diseases and their remedies, so he had
a full know led re of iust what was neceaaarv
on his part to effect a cure.
"Alter several weeks' careful treatment
by the physician." said Mr. Coleman. " I
could notice no improvement in my condi
tion. If anything, I think I was conskir
ably worse. The action of my lungs had
become so weak that I was afraid to walk
any distance unassisted for fear of falling,
through loss of respiration. My nervous
ness nan advanced to an alarmm? ctazr. 1
was not able to contain mvself for fvn a
short time, but had always to be fiimMir:;
with something or moving nervous v alx.i
the room. It was while I was iu ihi -"n-ditioti
tbat I noticed in a paper an nnii': ri
Williams' Pink Pills. I determined to trr
them, even though they killed me. Ve'!.
they didn't kill me, but I'm not gin? t i-1
you that they cured me immeiUi-y. i:v
cam was much too serious for tbat. I'ci f
had not taken a full box before I fell n t
relief. My respiration was more crnain. I
was gradually regaininecontrol of mv iht e
aud mv condition was generally impn.v .
I kept right on taking the pills and petsu :
well- Now, I had taken just thre Uixi-k m
them when I considered myself a curr,t mil. -And
I was right, for although I qn:i takin-r
the pills. I did not relapse into my fw r
condition, but grew stronger duily.
it was truly a marvelous eore,sn I w:ll
say tbat I think Williams' Pills tx-.- re
markable curative properties, and I wiM
recommend them to the use of thethnuni
of people of this city who are nervow
wrecks, or who are suffering from diseases of
the lungs."
The foregoing is but one of many wonder
ful cures that have been credited to Dr. Wil
liams' Pink Pills for Pale People. Diseases
which heretofore have been supposed to be
incurable, such as locomotor ataxia and pa
ralysis succumb to this wonderful medicine
as readily as the most trifling ailments. la
many eases the reported cures have been
investigated by the leading newspapers and
verified in every possible manner, and in no
case has tbe least semblance of fraud been
discovered. Their fame has spread to the -far
ends of civilization and there is hardly a
drug store in this country or abroad where
thev cannot be found. ( '
Dr. Williams' Pink Pills contain, in a
condensed form, all the elements necessary
to give new life and richness to the blood
and restore shattered nerves. They are an
unfailing specific for such diseases as loco
motor ataxia, partial paralysis, St. Vitus
dance, sciatica, neuralgia, rheumatism, nerv
ous headache, the after effect of la grippe,
palpitation of the heart, pale and sallow
complexions, all forms of weakness either in
male or female. Pink Pills are sold by all
dealers, or will be sent post paid on receipt
of price, 50 cents a box, or six boxes for
$2.50, by addressing Dc Williams' Median
Company, Schenecady, 2i. Y.
S3
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