Malheur enterprise. (Vale, Or.) 1909-current, January 06, 1917, Image 1

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VOLUME VIII, NQ. 6
THE 640-ACRE
HOMESTEAD
ACT RESUME
Percy M. Johnson Explains
Meaning of New Law in
Operation-Many Have a
Wrong Idea on New Law
WHAT CLASS OF LAND
SUBJECT TO ENTRY
No Land May Be Entered
Under New Act Unless it
is Designated by Secretary
of the Interior.
By Percy M. Johnson.
"Washington, D. C, Dec. 30, 1016
Receive and suspend applications
with petitions for designations under
Grazing Homestead Law approved
yesterday."
(Signed) Tallman, Com.
The above telegram received at the
Vale Land Office, Dec. 30, at 2:55 p.
m., closed the official year of 1916 by
giving to the Public the greatest land
bill in history.
This bill has been under considera
tion for some time, and, after con
siderable revising and amending it
has now become a law. Due to the
fact that, the bill has been changed
and revised so much since its incep
tion, the general public has been at
loss to know the real purport of the
act, and many have a wrong concep
tion of its principles. This act is en
titled "An Act to Provide for Stock
raising homesteads, and other pur
poses." Wliat Class of Land is Subject to
Entry.
No land can be entered under this
act until designated by the Secretary
of the Interior as being the class of
land coming within the scope of Sec.
2, which provides that the lands sub
ject to entry must, in the opinion of
the Secretary, be chiefly valuable for
grazing and raising forage crops,
does not contain merchantable tim
ber, are not susceptible of irriagtion
from any known source of water sup- j
ply, and are of such character that
640 acres are reasonably requiredjfbr
the support of a family.
Who Jl'ay Enter the Land.
Sec. 3 provides that any qualified
homestead entryman may enter in a
contiguous and in the most compact
form practicable, an area not exceed
ing 640 acres of the class of land de
scribed above. It further provides
that an entryman now holding land
under the 320 acre or other homestead
laws', will be entitled to an additional
entry so that the total area will npt
exceed 640 acres, provided, however,
that the original entry is of the char
acter of land above described as be
ing within the scope of this act. Such
additional entry must be contiguous
to the original entry where ever it is
possible to obtain contiguous land of
the character required, but if only a
portion, or none of the contiguous
landMs subject to entry under this
act; 'the additional, or balance of the
additional entry may be taken any
where within a radius of 20 miles
from the original entry.
What Must Be Done To Acquire Title
Cultivation of the land is not re
quired, but there must bo permanent
improvements placed upon the land
to the value of not less than $1.25
per acre, and at least one-half of the
improvements must be made within
three years from the date of entry
thereof. The regular rules as to res
idence applies to this act, which re
quires that the land be the bonafide
homo of the entryman, and at least 7
months residence thereon each year.
Tho filing fee for 640 acres is $34.00.
Additional Entries.
Sec. 4 provides that any homestead
entryman of lands of the character
herein described, who has not sub
mitted final proof upon his existing
entry, shall have the right to enter,
subject to the provisions of this act
such amount of contiguous lands de
signated for entry under the provi
sions of the act as shall not, together
with tho land embraced in his original
entry, exceed 640 acres, and residence
upon the original entry shall be cre
dited to both entries, but $1.25 per
aero of permanent improvements
must be placed on the additional en
try. (Continued on page 5.)
The Central Powers have subdued
Roumania, Belgium, Servia, and Mon
tenegro, but San Marino still holdi
0t, New York Morning Telegraph.
FLOOR COVERED
WITH WATER
Bank Cashier Arises From Bed to
Find Cold Water in Every Room
in the House.
About 4 o'clock Wednesday morn
ing Mrs. Dunaway, wife of J. P. Dun
away, cashier of the U. S. National
Bank of Vale, was awakened by one
of the children and jumped out of bed
to see what was the trouble, and when
her feet struck the floor she yelled
"Ouch!" Mr. Dunaway immediately
jumped out to ascertain what she was
yelling about, and he, too, yelled
"Ouch!" They discovered that every
room in the house was covered with
an inch of icy cold water, caused from
a frozen water pipe of an unused wa
ter faucet bursting in tho house.
Outside of fte ruination of two
practically now rugs in the house, no
other damage of importance was re
ported. Tho cellar was filled nearly
foot deep, with all vegeablcs and
other food articles floating around on
i tho top. Needless to say, Mr. Duna
way spent the remanider of the day
at home, where he was kept busy
sweeping water from tho rooms, and
draining the cellar.
LEVY FOR 1917
COMPLETED BY
COUNTYCOURT
General Fund Now $8,000.00
Less Than in 1916-Levy
Coincides With Resolution
Proposed by Thomson.
Wo publish today on another page
the complete tax levy made by. the
County Court for 1917, for county,
school, state and roads. The total
levy amounts to $194,000' as against
$196,000 for 1916.
The general fund is $8,000 less than
1916. The office of the sheriff shows
a great falling off in criminal matters
as the levy has been cut $1,500.
School districts generally, throughout
tho county have levied less money
than in 1916. The general school fund
at $8 per head is increased by $2,500
showing considerable increase in pop
Dilation. Roads being deemed a nec
essity and of more importance today
than almost anything else, the Court
increased the levy over last year to
an amount about .$2,000 greater,
Many of the districts, in fact, all of
them, have been short of funds for
necessary work.
The Court assumed that tho Tax
Limitation law means, what it says
and they consequently cut the High
School levy to $1,670. Whether this
will stand the testof tho law if at
tacked remains to be seen. There are
76xountry children attending the high
schools of the three towns nnd at the
rate given by the several districts
there will be a shortage of $4,000.
Tho city levies have gone high in
to tho air as to rates but the actual
taxes will be somewhat less than
last year.
The State of Oregon gets $2,000
more than in 1916 i. e., $35,000 as
against $33,000 for 1916.
The levy coincides almost exactly
with the resolution of W. G. Thom
son introduced at the meeting which
discussed the budget. The Court
might have levied a total of $207,000
but desiring to keep the rate as low
as possible they decided to get along
with less. Under the present law
the taxes for 1918 cannot exceed
$205,000. Following is a condensed
statement of the levies for tho cities
and general levies. To tho city lev
ies must be added their own levies,
which brings Ontario to 64 mills and
Vale to 74 mills. It is hoped tho as
sessment for 1918 will lower this rate
and the taxes can be raised only 6
per cent.
Cities.
Mills
Ontario 587,184 27
Vale 278,436
Nyssa , 174,201
Jordan Valley .... 82,135...,
Juntura i 37,705
General Levies.
State Tax .v
General School
37
26.5
22
, 22
. 4.7
3.7
7.7
.3
10.7
27.1
General Road
High School ...
General Fund
Advance in marine insurance-rates
to 15 per cent, coincident with the
peace-movo, may be called construe-'!
criticism. WcU Street Journal.
VALE, OREGON, SATURDAY, JANUARY 6, 1917.
NEW HOMESTEAD LAW IS OPERATIVE
Complete Text of New Stockraising Homestead Law-Opinion Is That New Law wil
Result in More and Bettet Stock for Malheur County.
The Stock-raising Homestead law
is now tho law of the land. We pub
lish tho law complete, and also a
resume of tho law by Mr. Percy M.
Johnson.
There are many varied opinions
as to Its effect. Naturally those who
have for many years used tho ranges
of Malheur and Harney at will, see
destruction in the Jaw. Others are
more optimistic and think tho final
result will bo more and better stock
of all kinds.
Still others there aro who seo bene
fits to small owners. It Is, of course,
certain that speculation in a small
scale will take place. Hundreds of
sections will be taken in order to sell
to large companies.
Follows the complete text of the
law:
An Act, H. R. 407, to .Provide for
Stock-raising Homesteads, and
for Other Purposes.
Be it enacted, etc., That from and
after tho passage of this act it shall
be lawful for any person qualified to
make entry under the homestead
laws of the United States to make a
stock-raising homestead entry for not
exceeding 640 acres of unappropriat
ed Unreserved public land in reason
ably compact form: Provided, howev
er, That the land so entered shall
theretofore have been designated by
the Secretary of tho Interior as "stock
raising lands."
Sec. 2. That the Secretary of tho
Interior is hereby authorized, on ap
plication or otherwise, to designate as
stock-raising lands subject to entry
under this act lands the surface of
which is, in his opinion, chiefly val
uable for grazing and raising forage
crops, do not contain merchantable
timber, aro not, susceptible of irriga
tion from "anyf k'nown source of "wW
ter supply; and are of such character
that 640 acres aro reasonably requir
ed for the support of a family: Pro
vided, That where any person quali
fied to make original or additional en
try under the provisions of this act
shall make application to enter any
unappropriated public land which has
not been designated as subject to en
try (provided said application is ac
companied and supported by properly
GRAND JURY
RETURNS FOUR
INDICTMENTS
Grand Jury Makes Report
and Finds Four True Bills
of Indictmen-Hanna Will
Be Tried for Assault.
In the Circuit Court of the State of
Oregon: In the Matter of the Final
Report of the Grand Jury: We, the
Grand Jury, have been in session two
days and have carefully investigated
all matters brought to our attention,
and all matters within our own knowl
edge, and have returned to this Court
four true bills and one not a true
bill, and having carried out our duties
and fully completed our work ask to
be excused.
Signed: Fred Currey, Foreman,
Robt. R. Overstreet, G. W. Taylor,
C. W. Madden, M. Page, Howard Mal-
lett, Ira Dail.
Indictments Returned.
Harvey Bryce for burglary, steal
ing grain from E. is. Fields' granary
in Dead Ox Flat
Frank Hanna for assault and bat
tery on the person of Emmett Kim
ball. Ben Seaweard for larceny of steers
from Wm. Jones.
TAKES OREGONIAN AGENCY
J. D. Rogers, of this city, has taken
tho agency of the Oregonian from N.
C. Pike, and that paper's headquar
ters will be at the Rogers News Stand
from now on.
Russia announces that the Allies
have agreed to let her have the
Straits and Constantinople provided,
of course, that she can get them.
Kansas, City Star.
Outlines of the Kaiser's peace
terms indicate that he has failed to
include a provision that Americans
may again' be . allowed to travel on
Bteamshipa.vrhfiWphln North Am
erican,
corroborated affidavit of the appli
cant, in duplicate, showing prima fa
cio that the land applied for is of tho
character contemplated by this act),
such application, 'together with the
regular fees and commissions, shall
bo received by the register and re
ceiver of the land district in which
said land is located and suspended un
til it shall havo Ijeen determined by
the Secretary of the Interior whether
said land is actually of that charac
ter. That during such suspension
the land described in the application
shall not be disposed of: and if tho
said land shall be designated under
this act, then such application shall
be allowed; otherwise it shall be re
jected, subject to appeal, but no right
to occupy such larids shall be acquir
ed by reason of said application until
said lands havo been designated as
stock-raising lands.
Sec. 3. That any qualified home
stead entryman may make entry un
der the homestead laws of lands so
designated by tho Secretary of the In
terior, according to legal subdivisions,
in areas not exceeding 640 acres, and
in compact form 'so far as may bo
subject to the provisions of this act,
and secure title thereto by compli
ance with the. terms of the homestead
laws: Provided, That a former home
stead entry of land of the character
described in section 2 hereof shall not
be a bar to the entry of a tract with
in a radius of 20 miles from sijch
former entry under the provisions of
this act, which, together with the
former entry, shall not exceed 640
acres: Provided further, That the en
tryman shall bo required to enter all
contiguous acres of the character
herein described open to entry prior
to thegntry oJt34n$y noncontiguous
IandF Provided further, That instead
of cultivation as required by the
homestead laws the entryman shall
be required to make permanent im
provements upon the land entered be
fore final proof is submitted tending,
to increase the value of the same for
stock-raising purposes, of the value
of not less than $1.25 per acre, and
at least one-half of such improve
ments shall be placed upon tho land
within three years after the date of
Riverside Couple
Married in Vale
First Wedding Ceremony of 1917 in
Vale, performed, by Rev. W. J.
Luscombe, Monday morning
Monday, January 1, 1917, at the
Methodist parsonage, William L.
Blaylock and Miss Minnie E. Rogers
were united in marriage. The bride
came to this section of the country to
live about 4 years ago, fro.m Wasco
county, Oregon; while the groom has
spent most of his life in Malheur
county, having moved here from Ar
kansas in early childhood.
Tho newly married couple return
ed to Riverside, Oregon, Monday ev
ening where they will reside on their
ranch. Their many friends wish for'
them a happy and prosperour career.
Wood Statistics
There were cut from the National
Forests in the fiscal year 1916, 604,
920,000 board feet of timber. Of this
amount, 119,483,000 board feet was
cut under free use privilege by 42,
055 Individuals. In all, 10,840 sales
of timber were made, of which 97
per cent were under $100 in value, in
dicating the extent to which the
homesteader, rancher, miner, small
millman, and others In need of a lim
ited quantity of timber draw upon the
Forests.
As things are now drifting, the
next Hague Conference will draft reg
ulations to prevent neutrals from an
noying the belligerent nations.
Washington Post.
Colonel Roosevelt is planning a trip
to the Fiji Islands to visit the extinct
volcanoes. Birds of a feather will
flock together. Nashville Southern
Lumberman.
The Kaiser must be puzzled by the
fact that the Almighty has seen fit
to reduce the potato-crop of Germany
more than 50 per cent, under last
year's yield. New York Sun,
Chicago's pie-eating burro way
have got his tip from the Democratic
donkey-Pittsburff Chronic), fMl
graph, r
entry thereof.
Sec. 4. That any homestead entry'
man, who has not submitted final
proof upon his existing entry, shall
have the right to enter, subject to
the provisions of this act such amount
of contiguous lands designated for
entry under tho provisions of this act
as shall not, together with the amount
embraced in his original entry, ex
ceed 640 acres, and residence upon
the original entry shall bo credited
on both entries, but improvements
must be made on tho additional en
try equal to $1.25 for each acre there'
of.
Sec. 5. That persons who have sub
mitted final proof upon, or received
patent for, lands under tho homestead
laws, and who own and reside upon
the land so acquired, may, subject to
the provisions of this act, make addi
tional entry for and obtain patent to
contiguous lands designated for en'
try under tho provisions of this net,
which, together with tho area there
tofore acquired under the homestead
law, shall not exceed 640 acres, on
proof of the expenditure required by
this act on account of permanent im
provements upon the additional entry.
Sec 6. That any person who is tho
head of a family, or who has arriv
ed at tne ago or zi years ana Is a
citizen of tho United States, who has
entered or acquired under tho home
stead laws, prior to the passage of
this act, lands of the character de
scribed in this act, tho area of which
is less than 640 acres, and who is unr
able to exerciso the right of addi'
tional entry herein conferred because
no' lands subject to entry under this
act adjoin the tract so entered or ac
quired or lie within the 20-mile limit
provided for in this act, wayi unori
auuiimuiiK iiruui vnat ne ruaiawr upon
ana nas not som tno land so entered
or acquired and against which land
there aro no encumbrances, relinquish
or reconvey to the United States the
land io occupied, entered, or' acqulr
ed, and in lieu thereof, within the
same land-office district, may enter
and acquire title to 640 acres of tho
land subject to entry under this act,
but must show compliance with all
(Continued on page 2.)
ft C. EASTHAM
WILL FIGHT THE
MANEY BROS.
Legal Talent Will Fight Ma
for $250,000 Damages--Promises
Are Made For
Resumption of Work
The legal complications In connec
tion with the Bully creek enterprise
are now in the whirlpool of creation.
Andrew Deegan returned from Phil
adelphia with full powers, it is said,
to take any action he sees fit.
Legal, lights in Philadelphia have
been engaged and H. C. Eastham, a
prominent local attorney, will repre
sent Mr. Deegan and his clients at
this end.
"It is proposed," said Mr. Deegan,
"not only to fight the Maney Bros,
lien but we shall sue them for about
$250,000 damages. Our people have
furnished the money and we are try
ing to get some of it back.
It is rumored that great promises
are being made as to resumption of
work in the spring. The time has
passed when endeavors to create a
public sentiment by futurities. See
ing is believing and throwing dirt the
real evidence.
Steps will now be taken to declare
the contracts void. Papers will be
prepared and tho suit entered in the
April term.
And the $25,000,000 War Depart
ment deficit caused by the detention
of tho National Guard on the border
takes no account of the boys' own de
ficits. Cleveland Leader.
Denmark voted overwhelmingly to
accept $25,000,000 for her West In
dies, not letting the fact that they
aren't worth it Interfere with her al
truistic desire to aid the United
States Philadelphia North AraerJ.
can,
Roujnanln appreciates just hw
much ehe was needod by the Altlra,-,
Wall Stmt JournMi """
COLD WEATHER
CAUSES INJURY
Vale Boy Falls Asleep From Cold,
and Slides From Load of Hay
Not Badly Hurt.
Sheepmen coming in on the road
from McLaughlin's ranch to Vale
SundflV. found thn tinrnnRpinns hrvlv
, j
of Myron McLaughlin, 15-year old son
of John McLaughlin of Vale. Ho was
taken to W. F. Hall's ranch whero
first aid treatments restored his con
sciousness.
Medical aid was summoned and tho
lad brought to Vale, whero he was
moving around town a few hours la
ter, evidently none ,the worse for his
experience, save a badly bruised and
skinned face. The team which hn
was driving meandered a short dis
tance down tho road, stopping at a
fence corner. '
"I was driving down tho road," said
young McLaughlin at tho Hall ranch,
"and it was awfully cold, and I was
about half asleep and half awake. I
must have slid off the load of hay on
my face, because that's all I remem
ber until I woke up here."
TRAIN SERVICE
GETTING.WORSE
AS DAYS PASS
Cars of Lumber Come From
Portland in Five-Day's, and
Stock is Handled More In
efficiently Than Eyer.
Saturday, Dec. 80. train scheduled
to' leave-'Onlafioiiat 10 a.- m., arrived
at Vale 12:25-distance, 16 Yiiles,
Sunday, no service, no mail. Monday,
train scheduled to leave Ontario at
10 a. m., arrived at Vale, 12:30 p. m
Distance, 16 miles. Tuesday, arrived
11:40. Wednesday, arrived 11:30.
Mail arriving at Ontario 6:33 Sat
urday evening, both east and west,
all Sunday mail, including Sunday pa
pers from Portland and Boise, held
over, arriving at Vale sometime af
ternoon on Monday.
No moro outrageous discrimination
in inadequate train service is known
to exist than this.
When Bushu and Brooke mot tho
citizens of Vale, they agreed to re
commend the morning and evening
train and positively stated that there
was no intention of taking off Sunday
service. '
They immediately proceeded to
Nampa or some other way station on
their alleged main line, and held an
other meeting without giving Vale
citizens notice, and -forthwith put out
a schedule, discriminating in charac
ter, unjust in that it deliberately de
stroys values, and Is a monument, of
duplicity not exceeded by an ancient
tyrant
The inefficiency of tho 0. S. L. has
done for more than Its share in cro
ating a car shortage in the west.
They own comparatively few cars and
depend on utilizing way cars and for
eign cars billed into the territory, for
their own service.
Coal cars from Utah that should
be delivered in 72 hours are seldom
gotten across thoir potty divisions un
der ten days, more frequently 12 to
14 days, Thus a car does about 1-3
of its possible and reasonable duty.
Cars of lumber come from Portland
in five days, and two days of that is
taken up by the O.. S. L. in getting
the cars from Huntington to Vole.
Stock is handled more inefficiently
than on any road in America. We are
in possession of a story on stock
handling that would bring a smile of
derision to the face of any real rail
road operator, while our 0. S. L. al
leged operators think they have done
well. In fact under the circumstances
they have done well, for the time of
everyone who is not actually on duty
handling trains, is busy fooling tho
public with cither some personal at
tention or writing fake stories for the
papers.
Germany would be Invincible with
a sense of humor. Wall Street Jour
nal. Why not give the Nobel peace
prize to tho Kaiser? Baltimore
American.
Wall Street Is crying for help. The
war-brides are fajnting. Baltimore
American.
The British cen8? wno re4 the
lettwa can hsV" f!P llluitens, about
hlmwlf ,-Wnir JtrMt Journal, " "
SUBSCRIPTION, $2.00 PER YBAiR
3
WARMSPRINGSj
BOND BIDDERS
MAKE OFFERS
Bids Made Friday Afternoon
Have Not Been Made Pub-lie-String
on Government
Money Proposition.
SATISFACTORY BID
IS TO BE HOPED
Unless Development Begins
. n , Valley This. Spring It
Will Be Dea4d For Coming
Generation. ? ?
Sovcral bidders for the bonds of ;tho
Warmsprings Irrigation Districtare
in town. Just what they have bid at
tho meeting called at 2 p, m. Friday
is not now known.
There developed a string on tho
government monoy proposition which
Messrs. Mallctt and Wood endeavor
ed to put through in, Washington.Tho
dtffipillf.V Hon fn thn fnllnwinn. flmloA
in the Reclamation Extension Act" ap
proved Aug. 13, 1914. The clause is
as follows:
Section 12. That before any con
tract Is let or work begun for tho
construction of any irrigation project
hereafter adopted the Secretary of
the Interior shall require tho owners
of private lands thereunder to agree
to dispose of; all lands in excess of the
area which he shall deem sufficient
for the support of a family uporfjtho
land,;!n question, upon such tcrms'and
at tnot.. to e exceed such price. asHtho
jMSj; anft if any .landowner shalre-'
fuse fo'ngreo to tho requirements
fixed by tho Secretary of' the Inter
ior, his land shall not, be Included
within tho project if adopted for con
struction. There has been some idle talk about
this not applying to tho Warmsprings
project, but It is certain thatithe
above is a very plajn provision o$ the
law and tho Warmsprings project Is
an irrigation project. '
Thus, while it is certain that no
forecast can bo made as to the ex
act size of tho farm unit which .the
Secretary might declare, sufficient to
support a family It Is equally certain
that such unit cannot be ' made less
than ten acres nor' moro than 160
acres for the reason that this limita
tion is plain provision of tho roclama--tion
act.
Tho price which the Socretary'
might set for tho excess' land cannot
be stated until further Investigation
as to values, etc. As tho matter '
stands now to accept government
money if wo could got it, which is
more than doubtful would mean that
unless a very largo majority of';thjJ"
acreage should sign the requirements
of tho Secretary before ha would, or.
der work to begin, tho project would
fall.
It is to be hoped that a satisfactory
bid may bo received for the bonds as
it is now or never. Malheur Valley
will begin development this spring or
it is dead for a generation.
CHANGES TAKE
PLACE AT THE
COURTHOUSE
W. H. Doolittle Returns to
ed With Short Stay in the
County Scat-New Officers
are on the Job.
A number of changes have taken
place at the court house the past
week. Ernest Dlven has become de
puty County Clerk, Mr. Moody hav
ing assumed the duties of clerk. T
W. II. Doollttlo, who filled out tU
term as clerk vice J, P. Houston has
returned to Ontario. Mr. DoolltUa
expressed himself as well pleasii
with his short sojourn in Vale and
leaves the town with a feeling of
friendship. ijlg
"The position was acceptable to me
at the time," said Mr. Doolittle, "but
there are things coming up in the im
mediate future in which there shvU
bo more money than In any poltleu
We aro so closely allied with th ld;
ed interests of the county, and Imvm
a. tt it '. a