Ochoco review., March 23, 1889, Image 4

t. -- ''-
OCHOC0- REVIEW.
f ATUBDAY, MAKCH 23, 1S87.
ROAD LAND "FORFEITURE." "
" Following is the full text: of the
, senate bill 1935, for forfeiting cer
' tain wagon road land grant3 in the
Btafe of Oregon, which pagsed the
bouse March 1st :
"Whereas the United States
have , heretofore made various
grants of public lands to aid in the
construction of different wagon
roads in the state of Oregon, and
; upon the condition that such roads
should be completed within pre
scribed times ; and , . v .- ?
"Whereas - said grants were
transferred by said 'state to sundry
corporations, who were authorized
by the state to construct such ,
wagon roads and to receive there-;
for the grants of land thus made;
nd
"Whereas the department of the
interior certified portions of said
lands to-the state of Oregon upon
the theory that said roads had
been completed as required by the
. granting acts of congress, and upon
the certificate of the governor of the
6tate of Oregon as to such comple
tion ; and :
"Whereas the legislature of the
state of Oregon memorialized con
gress and therein alleged that ; cer
tain of said wagon road.?, in whole
or in part, were not so completed,
and that to the extent of the lands
coterminous with unconstrueted
portions he certifications thereof
by the department of the interior
were unauthorized and ''.' illegal ;
therefore
"Be it enacted, ect., thnt it is
hereby made the duty 'of the attorney-general,
within six months
after the passage of this act, to
cause suit or suits to be brought,
in the name of the United States,
jn the. United States circuit court
for the district of Oregon, against
till ; persons, firms and corpora
tions claiming to own or to have
an interest in. the- lands grant
ed to the state of Oregon by - the
following enumerated acts of con
gress to wit;
"'An act granting lands to the
gtate of Oregon to aid in , the con
struction of a military road from
Eugene City to the eastern bound-;
ary of said state,' approved July 2,
1861 ; ; ; . -
, "'An act granting lands to the
state of Oregon to aid in the con
struction of a military road from
Albany, Oregon, to the eastern
boundary of said state,' approved
Julyo, 1S(W;
V 'An act granting lands to the
ptate of Oregon to aid in the con
struction of a 'military wagon , road
from Dalles City, on the Columbia
river, to Fort Boise, on the Snake
river,' approved February 25, 1S80,
the seasonable and proper comple- j
tion of said roads hi accordance
with the terms of the granting
acts, either in whole or in part, the
legal effect of the several certifi
cates of the governors of the state
of Oregon of the completion of
eaid roads, and the right of re
sumption of such granted .. lands
by the United States, arid to. ob
tain judgment?, which the court is
hereby authorized to render, declar
ing forfeited to the United States
all of such lands as are coterminous
with the part or parts of either of
said wagon roads which .were not
constructed in accordance with re
quirements of the granting acts, and
setting aside patents which have
issued for any such lands, saving
And preserving the rights of all !
bona Me purchasers of either of!
eaid grants or of any portion of said
grants for a valuable consideration,
if any such there be. Said suit or
guits shall be tried a
d adjudicated
in like manner and by the sauie
principles and rules of jurispru -
dcnc.e a3 other suits in equitj' are
therein tried, with right to writ ot
error or appeal - by . cither or anyj" tne very Uvi measure tmtt can j lams were general throngnout
party as in 'other eases j and if an i get at this. -late. day. We c'aryiot ; th3 Wiiiametto .valley last week.
- person, firift: or corporation having' 1,;13 a suOs-titute, we cannot even j F. Healy, an old and respected
or claiming an interest in any of j amend the senate bill, and in the j citizen of Sand Ridge, Linn county,
said lands shall be made defendant I interest of expedieiu-y and success died on the 11th. . 'Vi.
in such-suit or suits, and in thej I advoeatu it as a last alternative." j Ex-President Cleveland and sev
jU lament of t'ne said cpurt he .a It would have been better for con- eral mensbeis of his cabinet"- have
riecessary o! proper party delcndant. j gressto have passed a bjlirfect-1 gone to Cuba on; a pleasure trip. .
and shall fio be. an inhabitant of; iag the title of the present ciaim: !. . It -s now pretL dtfinjtIv sett;fc(I
oriouna wunm W-saiu .oiMncx,
iud shall not voluiitarily appear
thereto it shall be; lawfai foe the
Court to niuiic an order directing
Sid absent. defendant "or defend
ants to appear, pk-ad, 'answer
Utmur by a day cei a n to be ues-l -womd oe' tne same as it will be - -,- ;- ' , r.v -.
iJ :, ; i i. -., - 1 -. ,s : woolen mills in each of those cities.
g!iatcd wliu-n ordr shaU be served the cases have, one , ta.'ouga ; ....
unoii. such absent" d,kmknt rTthecourts.: ; U; i : Th wool, crop ypromise: be
delcndantsihtheuian orbvicied! -Ail that is now 'left ; for.: the set- largein Lake county, tliis-seasorv
l.v .t1,.- s,f t'.", .-U ,l - tier who has located ;iipVn lands and prices good.- Mutton will also
. f tvif.ti in 1; ci (irai-.ls T.ti.ii r n t f. r"tf: i.-.r.t- itl .. .....
circuit courts f the United States,!
and to regulate the removal of
causes from state ' courts, and for
other purposes approved March v.'f
iatz; rrr:i ieJ, Hint m the sajd j
dockets ; And prided farther, Tat .
no right of appeal shall exist after
six months from the entering of a
final' decree in said circuit court.
Sea. 2, That the state of Oregon
and any person or corporation claim
ing any interest under or through
the grants aforesaid in thelands to
be affected by said suit or : suita
'and whether made a party thereto
or not, may intervene :! therein by
sworn petition to defend hi3 inter
est therein, a3 against the United
States, oragainst each- other, an4 i
affecti ng the " - said question of
forfeiture, and may, upon said pe
tition for intervention, also put in
issue and have adjudicated and de-:
termined any other question, wheth
er of law or of fact, which may be
in dispute between said intervener
and the United States, and affect
ing the right or titie to"any part of
the lands claimed to have been em-1
braced within the, grant of lands;
by the United States, and affecting !
the' right or title to any part of the
lands dai uied to have been em
braced within the grafts of lands
by the United States to or for either
of said wagon-roads. Should the
lauds embraced within, saui grants
or either of them or any portion
thereof, be '..'declared - forfeited by
the final determination of said suit
or suits, the same shall be imme
diutly restored to the public doiuin
and become subject to disposal un
der the general.- land.; laws ; and
should the final determination of
said suit or suits maintain the
right of the aforesaid wagon-road
grantees or -"their assigns to ; the
lauds embraced jn said grants, the
Secretary of the Interior shall forth
with adjust said grants in, accor
dance with such determination and
shall cause patents to be issued for
the lands inuring to said grantees
Under said wagon-road grants and
which have been heretofore unpat
ented ; Provided further, "That the
lands actually settled upon or oc.
cupied gud used a? a homestead or
for agricultural orgrazing purposes,
in cases in which such settler or oc
cupant has acquired the title of
the , State of Oregon, under the
grants recited in the first suction of.
this act to the sai'ne, noi exceeding
one section to any one settler or oc
cupant, shall not be included in
such suit, and bueh settler or occu
pant shall not be made a part?
thereto, anything in this act to the
contrary notwithstanding." .
This is the-,biil introduced in the
senate by Mr. Dolph, to which
the Review has long objected, on
the grounds that it was not what it
seemed to be ; that, instead of for
feiting the land grants, it was the
means by which the present - hold
ers of the grants would" gain a clear
title to every foot of land they
claim. The clause in the act which
says, "saving and preserving the
rights of all bona fide purchasers
of cither of said grants or any por
tion of. said grants for a valuable
consideration, if any there be,"
nullities the intent of the act. It
is'-a -patent fact, well known to
every ore who is at all acquianted
with the history of these grants,
that each of the grants mentioned
has been sold for a "valuable con-
btueraitun, ami preserving ine
j "chls of ton a. fide purchasers"- is
debarring any action against eitner i
ot '.the ' grant holders. Mr. Dolph";
k"3w this when he introduced the j
bill, and he acted in the interests
of the road .companies when he
urged its
passage by .the senate.
i -,ir- tiermaan recognized tiie far -
- wal n-iture of the bill when it was
; 0" ita rinat- passage in the. bouse,
he said : "1 ani in f-.vor now of:
j the senate bill, because! 'mdieve' it
. - u.uV.b.
anis Vtouiu- not oe menrreu ov ,H
government, both settlers and grant
- , , , . , r
owners would at once know to whom
Itha VA:.Ti-L :-ad -'.), - roe.,n
...... Ull( ol acuous to , Tl)e stuol.lers of the Lane
be advanced to hearing in prefer- ; be brought by the attornev-cpher il n w i c '""'
it . .. , t r ' ' te ueruij County Agricultural fcocictv . net
ance to all otner cinl cases on the i nl be. V. eu called into court as Kr . . : l-.
that he would be allowed to acquire
title thereto under the homestead
or pre-emption laws, is to get the
Wsf terms pantile from the grant
holders, for there can be no quea
defendants each .of the road com-
pa nies can show that thev are i
"bona fide purchasers", and that
they have paid a 'valuable consid
eration Tor the grants.-v It may
take six months or a year to decide
the matter in the courts, but there
can be no question as to the result.
While it is not ag finable to act t a
fraud as being just or right, it is
probably better for the country that
this question of title 13 soon to be
settled, for when it is price decided
to whom the. lands belong, settlers
will have the ; '. alternative of pur-'-c-W&ng
'the. lands'' from the gran
tecs or moving off and giving some
one else a chance. The owners of
the grant in which we of this sec
tion are directly interested, have
signified their intention to place
their lands on the market. When
this is done more substantial ; im
provements will be made upon the
lands, and the general standing of
the country will be on a better
foundation than' it has been for
many years past, during the un
settled condition of the title - to 'the
road lands. "
' Whitelaw Keid is ' dectdelly on
his ear. Mr. Blaine promised him
the appointment of ministerto Eng
land, but Mr. Harrison wants 4 to
put him off with the appointment
to FrSuce, whieh Whitelaw refuses
to accept. This slight misunder
standing is liable to estrange from
the administration the ablest rer
publican piper in, the nation.
It is thought the president will
soon issue a proclamation restoring
to the public domain 8,000,000
acres of the OIkahoma lands. By
this act the dream of many a poor
Squatter, who for the past teu years
has been hanging on to the ragged
edge of despair and. living on wind
and water, will be realizdT
-Are the people of Crook county
going to set iZU and let other por
tions of the state capture all the com-
ng immigration,, or will they put
forth an effort to induce some of the
home hunters to locate here? What 'i noxt da' in a "Pure "about a qusr
say ihey to organizing an immira- ! ter a n"j distant. The animal,
"on ooartt and thoroughly advertis
ing the rtsourj. s of the u. unl'v? '
The Samoan commission consists
of J. A. ICasson, William Walter
Phelps and Geo. S. Bates. They
will not start to Berlin until, about
the 15th of April, by which time it
is thought Blaine will have them
sufficiently drilled in diplomatic
parlance that they will be able to
cope with Bismarck
President Harrison's' first mis
take was the appointment of Blaine
as secretary of state, and his sec
ond blunder seems to be in filling
the gubernatorial chair of Arizona.
He appointed Louis Wolfy, and
the Arionians are endeavoring" to
prevent his confirmation by the
senate.
One of our fondest hopes has
been blighted. We thought Ben
Butler was to be taken into the re
publican ranks and sent to Berlin
to settle the Samoan difficulty, but
Harrison seems to Jjave had no
use for him. Ben could not sell
j . Poor Bkin-i 1 He has aecidently
found out that he is not running
the government. ; II e promised
Reid to send him as minister to
the court of fct. James, but Mr.
' Harrison informed him that he
! had a man-of his own for that
; piace.
!;o'n:ii x.a stss.
The city of Corvallis will
l v.orvains will soon
have electric lights.-'
, th t lhe new7nuvr vard for thi.
Puget
Sfinnd. .... -. . . - :' .
, - , , -- ' ''-..'"
5 : eaiera and Alnany have both, bv
. :. -
vihs-.ibb iaieu, a, u..iuy
H.MOBPS Field, the onginai
back advocate m Michigan,
greenback advocate in Michig
and the man who called the green-1
back movement into prominence m
1 s , ,., j
; the United States, died on Uie 14th.
tlle corporation. Cause, lack of
support bv ' business men , in
Eugene, who were principally bene
fitted by the fair. Guard. -
A case of smallpox was discov
ered in the insane asylum last
week. Fortunately it wps a new
patient who had not leen in contact
with other patietits, and there is no
danger of he disease spreading.
The sheriff of Malheur county
captured b crazy man last week
with a lasso and look him to the
asylum. The, man's 'name ; was
Jones, and be came from Sacra
mento. His hallucination
was
that he was JesUs Christ.
- It takes enterprise and push now
days to accomplish anything. The
towns and countries that have
shown the most enterprise have
succeded the best in development.
The people of Crook county should
bear this in mind. .
Last week the rains in the north
ern part of California caused heavy
land slides along the line of the
California & Oregon road. Trains
were delayed several days, but" the
road was cleared the first of this
'week.
Hon. Enoch Iloult died at his
residence in Harrisburg last Mon
day. For many years Mr. Iloult
has been a prominent character in
state politics. He represented
Linn county in the state senate for
two terms, and was author of the
Iloult railroad iaw.
There never was a time when all
the towns of Oregon were so alive
to the need of making known their
especial advantages and the value
of the country tributary .to them as
now. In all directions efforts are
made to advertise local interests
and to make the stats bettor known
abroad. That such a course must
have a" salutary effect there can be
no doubt.
On the night of the 11th inst. two
horses were stolen from'tbe barn of
P. M. "Rinearson, near Oregon City.
One of them was discovered the
af.jr bc-ing ridden that distance,
had thrown .the thief and esei-pod
from .him and jumped into the pas
ture. The thief :-,vent back to the sta
ble and stole a second horse - and
saddle, with which he escaped.
burveyor-C-eneral D. W. Taylor
has received orders to have a town
ship of unsurveyed land belonging
to the Grande Round reservation
surveyed and divided into eighty
acre-tracts, to be divided among the
Indians for grazing purposes. The
Indians are taking up their claims
on this reservation in severalty,
ai.d . as it is a small reservation
comprising only two and a half
townships, if is not likely that
there will be anv land there to be
sold.
A ger.tleman who lives about
twelve miles south of Corvalus was
in town yesterday and told of a se
vere hail storm which occurred in
his part of the county Wednesday.
He stated that a number of old res
idents said it was the severest
storm they had, ever seen in Or
egon. The hail stones lay on the
ground six inches deep, and were
very large. The horses that were
.plowing in the fields became
frightened at the hail pelting them
in such a manner, and ran away
breaking up their harness. : The
hands of the laborers were quite
badly brused from the bail Etoncs
falling on them. The bail storm
also passed over some parts of Linn
coxini. Benton -Leader. " - ..
j y j t v i l2 Lj L,
JET MARKET,
P. B. HOWARD, Propria.
StFRESH MATS;.:V;:
'-: OF THE BEST QUALITY,
' -M-I. K1XDS OF
yEavBLbES
in their season 5;
Sauslego Ccrn-Bsf
CQXSTAX7I. YON HAND.
j3:- rl; priest rr.artnt -'??'
Hon
,QreG0!! Woo! Exchanqe
i -, v .
GEO. POPE & CO.,
w.-r ,,,., Pt.. ,
Woo! Graders. Packers and
. .
j OiTien 30 Will Kroct Street, Inland,
Boston Agency for Denny, Rice A
Co., established ii 1S5.) "
Jula A
'juts fr the C'oat fur
BATJrffill'
SjHEEP DIP.
CCNSlC:J!C:aTS Solicited.
A3VA?:0Z3 Mado on Woo!.
UK EN"- & GUILDS, Agents
I'rineviile, Oregon.
-AKD
HARDWARE
DEPOT.
ii3.3t3n-ni Jo S'iGVGS 3
.Repairing and all kinds of job
work done on short notice.
8 ;.; JV'-l- j
A A n op a H iK f n n an m
uuilg-o :lMiidittill
' -'"'.' - IN THE
GARY HOUSE, .
-PEIXSVIU.f!, OuECiOS,
":" A'rt RHOMG -Troric--r
The restaurant is fir,t-class in I
every respect, and the tables always
supplied with the best the market!
ah oi'ds.
8"
" rs. s
Given to the preparation and
e.'-rving of
3 ALL S U P m r r, rt
Meah serred at all hours, day or
uiykl. - ; - ' ;:
TIE
kit,
.. . nil.', (.it Jj,
Tt r r . - . t .
r r a
: To.vsohial Pa Ri.03 r, Firp.t doo:
south of Cary's meat market.
xr
'35.
'I
'8.
SHAVING, SHAMPOOING AND
: HAIR CUTTING
Done ii the most "approved style.
Hot and cold balhs at all hours.
J j Vt''w'iO'O.
SbOOjNIST '' -
M AIS STKEET, " Pip N'EVILI.15, OREGON
Keeps none but the
5EST ERAjMiSS Cf ClSrS
BEER, VljN Z fi d bQUOft
YRJJS piOStaE 50URECN
: WHISKEY. .
Commodinv.s game and
- -hl. root!.-
A f iNE E!bb!;5fRD TASbE
Vi XCKiiliJ5r UEPAiK.
Mixed, fancy and plain drinks
ervad L-y auexpenencea bartender
Orders for large qmnliles oHquo.
filled vkh the BEST STOCK.
A liberal patronage solicited.
Prineyille, Oregon.
Transacts a General Bankinc
T, - - "
Dusmess. - -
prmth'tlt,. . ;.JolCS SojTSJErtVIM.e
Vie-Pi evident,: . . . ... . . . : . . . M. HtciiVi.!
Cpskier,. , . . .... . ,. . ; , . .T. M. B.w.u .-.
e nr,g fu PortiHu.J, m -Fraj;ci.j arul Sew
, f ollvSimii iwiti prompt nimditia.
5 Si e-Err" !?sr?Trn
'-"istijaiijttfcVoMny'-wfrraMwsw w if!itam
K'' - - j- 0?3 . V
-i . mm? " cro
' ' fetf-Vl 2.11
ssS m , ... fel;MV 2
i . t0mi Y en
c ?z . A n
.--.- bgJ
The Imported Mi Mm,
Property of Springer Bros, will "make the-season of 1889 at their Hay
stack Farm, 20 miles Northwest of Prineville.
Jh3 Clydasfola, ;
DOWSBY HALL NO. 374,
is seven years old, a beautiful dark dapple brawn, with white points,
stands 16 hands high on short, clean legs and good feet, .weighs 2100
pounds, 19 a wfll-proportioned, powerfully-built boree of great constitu
tion. Was bred by Tom Casswell, Lincolnshire, England, Ttrm, $40,
Jnsumuce.
Jhs English-Shire,
RESOLUTION NO. 1341,
1st three years old, dark brown, one white foot, also fiome white in
face Br,d by Lord Ellsmere, Chattres, England. Is a very large, styl
ish horse and a line traveler. Was impo.-ted by Singmaster & Sons, of
Keoja, Iowa, and believed to be as finely bred as any they t-ver im
ported. Terms, $30, Insurance. . ;
Mres from a diftanc.e will be herded with our own, free of charge,
but we will not be responsible for accidena. ' : . . ,
Call on or address, SPRINGER BROS.
v - T
- Startling tat True! -.
We hsvo
GLOBE OUT
,:!U13 at the sxplraUaa of ftat tlsns will b8 seni
I FOR
- ' '"
bSS,t!? necsssJty ot
lost Astounding
Ever yet
Olothin?
- :-':T:,-:n
Fancy Goods,
lardware,
All should avail
Rare Oppor
And don't forget
Bf!6K STORE
Prineville, Oregon
deterraiacd to
within the next
clays.;
SALE.
'.'.
;-.'..
rosh!pp!nSv we shall glv J
offered in
Boots &.Shcci
tlieniselvcs of thisl f r i
"... - -'-.'!
the limit of time. .
Mitt
Is
f
X
1;
7
W Wgti1" '.Iiy.". good jpriccg.-:.'Owi.W,
farm nrntrtn - . .- - . 1. 't-.f"". .in rt-:t---i.