rook ; County
11 o
VOL. VI.
PEINEVILLE, CROOK COUNTY, OREGON, NOVEMBER, 27, 1902.
NO. 50
c
ourna
VOIDS ITS DEEDS
Action
of State
Board
Land
School
Lieu Script
How Base la Created From Which
a Goodly Profit la Made
Salem, Nov. 20. (Spocinl to the
Oregonian ) Tho proceedings for
the creation of 100,000 acres of
"base" in Eastern Oregon, made
public through The Oregonian dis
patches from Baker City, disclose
the further fuel Unit tho Htute of
Oregon has entered upon n policy
of attempting to avoid its own
deeds by UBing, an "baso," lands
which it haH already Hold. If the
state shall conliouo its present
course regarding mineral base,
titles to hundreds of tracts of school
lands heretofore sold hy the state
will he rendered unsound and hero
nfter no man can claim title to
school land through the mcro fact
that he has a deed from the state.
As it is commonly expressed, the
state has begun selling its land
twice first selling tho land in
place at $1.25 per acre, and then
permitting baso hunters to con
demn tho land as mineral; where
upon the state renounces its claim
Xo the land, relinquishes it to the
Government, selects other hind in
lieu of it and sells the lieu laud to
another purchaser. Tho first pur
chaser is oui-ted from posi-cssion
given hack Lis 11.25 per acre, with
interest at six per ccnt.
"If a private individual should
doM'hat the state is doing, he would
lie branded us a fraud," said n
prominent man yesterday, who has
had considerable to do with state
and land matters.
If the state is to continue the
policy now entered upon, it should
ot once give notice to the general
public that any man who accepts
a conveyance of school land based
upon a deed from the state muft
do so at the risk of being ousted by
tlie stale ut some later time, unless
lie knows beyond question that
there is no mineral upon the land.
The manner in which a pur
chaser from the state may be
otlsted under this lieu land scheme
may he stated 'in the form of on
illustration: John Smith finds
school land that he believes to be
worth the prico the state asks for
it. lie pays the amount required,
and recieves either a certificate of
sale or a deed. He sells it to a
newcomer from the Hast, audit
passes through the hands of sev
eral persons who rely -upon the
deed or certificate of sale from the
state as an absolutely safe title.
Finally some operator in "base"
lands discovers that this land has
mineral on it, He begins proceed
ings to udjudicate its mineral char
. acter, publishes his notices in some
obscure paper, and gets his decision
from tha Federal Land Depart
meut without the owner of the land
knowing anything about it. This
done, ho asks the State Land Agent
to permit him to use this land as
"base" and the request is granted.
This land which has already been
sold by the state is then surren
dered by the state to the general
Government, and the state takes
other land instead. Some new
purchaser, who has paid the base
hunter $1.50 per acre for the base,
gets a deed to the lieu land and
the first purchaser finds himself a:
trespasser on Government land.
If he will come to Salem and sur
render his deed, the state will give
him back his $1.25 per acre and
interest but he is out his improve-
ments. I "'ie PP'e' ' Ciook county are of
This is a policy the state has re- any moment to this crowd, but be
cently adoited and it has been,' cause Crook county has produced a
brought to light by the protest
made in Ilaker City. A large
quantity of the 100,000 acres, which
it was sought to havo adjudicated
has already been sold by the state
and in answer to inquiries Btate
Land Agent L. B. Geer informs
Tho Oregonian correspondent that
if the lurid should be declared to
be mineral he would use it as base
for tho selection of lieu land, In
other woids, he would make appli
cation, over the signature of Gov
ernor (Jeer, to relinquish the state
claim to this land and take other
land instoad. On the face of it,
this proceeding would seem to lie a
breach of faith with the first pur
chaser and The Oregonian corre
spondent inquired how tho state
could lend itself to such a scheme.
Mr. Geer replied that the state
never acquires title to mineral
land. . Tho . general Government
gave the stato every 10th and 30th
section, except mineral lands, etc
Now, if a 16th or 30th section be
mineral, the stato does not acquire
title to it and cannot give title.
A man who wants to buy school
land should first ascertain whether
It is mineral, and if it Is, ho is pre
sumed tn know the luw and should
not buy it.
To Cxpleil Horn Hula.
A sample of crude borax froma de
posit about ten miles square, lately
discovered in Eastern Oregon, has
been sent to W'oodard & Clarke for
testing by W. C. Cowgill and Pro
fessor A. II. Willis, of Baker City.
Professor Willis is the engineer and
geologist who discovered the de
posit. The deposit appears to be
very rich, in many places being
almost pure borax, as it crops out
of the groud. Most of the borax
in use now is distilled from lake
waters uud marshes, a rather ex
pensive proce; ami the price is
higher than usual, about $150 a ton
owing to the fact that all the borax
producing fields in the United
States are controlled by a trust,
and the additional fact that borax
boracic acid are entering more
largely into use in manufactures
than ever be.ore, in the face of a
constantly increasing demand. P.
J. Torniey, of San Francisco, who
controls the drug business of the
Pacific Coast, and L C. Clarke, of
Woodard, Clarke & Co., of thii
city, have undertaken to exploit
tins new field, lhe deposit ail-
pears likely to prove a richer one
than a gold mine, and will add
very largely to the wealth of Ore
gon.
Tim Irrigation Convention.
The Oregon Irrigation Associa
tion which met at Portland Nov.
ISth and l'Jth was successful in ac
complishing all that was antici
pated by the originators of the
movement, viz: That the reclam
ation and irrigation of the arid
lands of Eastern Oregon, be con
ducted on broad lines, superinten
ded and directed by the National
Government. When Mr. William
son and his associates started this
work by organizing the Oregon Ir
rigation Association, they met
with opposition from two sources,,
one the schemers under the Curey
act, and another from the political
enemies of Mr. Williamson, both
within and without his party.
These two factors must bo borne in
I mind ull the time in the study of
: the subject of National Irrigation
in Oregon
These two factors account for the
vituperative abuse heaped upon the
people of Crook county by the Ore
gonian both editorially and through
its correspondents. NotJ tecause
man in Congressman elect William
son, who threatens to intefere with
their graft, political and otherwise.
The first move in the Association
to defeat the object of tho origin.
ators was to elect new officers.
This movement was defeated by
the strength and unaminity of our
delegation. The speeches of vari
ous persons were only the vaporings
incidental to conventions of all
kinds, except those made by officers
and engineers of the National Gov
ernment. One spoke of the Depart
ment of Agriculture and told of
the amount of water necessary to
irrigate, and of tho need of proper
state laws to govern the use and
ownership of water. Tho other,
Mr. Davis, an engineer of the Geo
logical survey, explained how the
stuto must act in order to procure
its share of National funds, viz; by
local demand for the same. Then
came the presentation of the vari
ous projects from many counties to
secure National irrigation. .
The closing work of the associa
tion was to have its proceedings
published in pamphlet form, first
having each county desiring Na
tional effort present its project in a
short suecinct form of not more
than two thousand words. The next
meeting shall be held in Pendleton
in June and the annual meeting in
Daker City next November. "
The work now before the Crook
County Irrigation Association is
first: The preparation of its pro
ject clearly and succinctly in an
article of two thousand words, then
regular work as circumstances may
direct until the Go'vc.nment engi
neers get to work in our field, and
never let up in our endeavors until
the desired object is attained. It
may be further added that Crook
county's delegation consisted of
fifty as representative men as could
be found in any part of the state.
They were responsible to a large ex
tent for the good results obtained
from the Convention, and worked
honorably and earnestly to keep
the balance of 'power out of the
hands of the ring headed by Gen.
Odell and the State Land Board,
which thev succeeded in doing.
llaycrrck ftolea.
Miss Annie llazen is around
again, having fully recovered from
her recent illness.
Mr. Lou Brown, Willis Brown
and Mr. and Mrs. Ralph Brown
have gone to Fossil to spend
Thanksgiving with their sipter and
aunt, Mrs. Lucy Wilks. '
Mr. Jack Hastings is making
preparations to leave soon for
Southern California, where he goes
for the benefit of his health.
Mr. Jack Hasting and C. M.
Caitwright, of Haycreek left on
Sunday. Mr. Cartwright for his
home in Portland, and Mr. Ed
wards goes to England, and from
all accounts he intends bringing a
Mrs. Edwards home with him.
Joe Stuart is improving and will
bo glad to see him out once more.
A party from Dallas, Oregon re
turned from the timber section at
Bend, onSaturday and report", the
snow being quite plentiful at that
place.
The Bottlers cm the Agoncy Plains
have taken advantage of the recent
rains, and plowing seems to bo the
order of the day. From the black
fields seen in all directions. There
will be large crops next year.
County Commissioner Healy was
in from his farm in the Haystack
country Saturday and reports that
farming operations have been post
poned on account of the freeze. No
damage has been done to grain
however and it is not likely to re
sult in anything serious.
LAND IS NOT ARID
Green's Report on The
Deschutes
May Lead to Wrangle
So
Says The Oregonian'a Corre
spondent at Washington
Washington, Nov. 21. Inspector
Creen reports to the Secretary of
the Interior that the lands selected
by the state of Oregon under the
Carey act, and known as list six
that is, the lands intended to be
reclaimed by the Pilot Butte De
velopment Company are not arid.
He reports well-developed juniper
trees scattered over the area; there
fore he concludes, the lands are
not subject to reclamation under
the Carey act. This report will
unquestionably lead to a prolonged
wrangle and may be the means of
preventing for some. time reclama
tion in the Deschutes Valley either
by the Government or by private
enterprise.
Before the Pilot Butte Company
closed its contract with the state,
as the records show, it took the
precaution to secure the opinion of
the department as to whether or
not the growth of juniper trees
would be heid as an indication
that the lands selected by the state
were or were not arid. The State
Land Agent simultaneously asked
the opinion of the department as
to tho character of these lands.
He stated in his letter that the
land "is entirely destitute of water
and is strictly a desert, but on cer
tain portions there is a scattering
growth of junipers. The- juniper,
and especially the scrubby variety
growing on this desert, is not suit
able for lumber, can be used only
for wood and fence posts and there
is no more of such wood on any
quarter section than will be neces
sary for the use of the settler on
the quarter section. It can not be
made into lumber and be shipped
away, and can be used only in the
immediate vicinity of its growth."
"In transmitting! his letter to
the Secretary, Commissioner Her
man expressed the opinion that
the rule of the department, which
holds that "lands containing suf-
ticient moisture to prouuee a
natural growth of trees are not to
classed as desert land" should be
liberally construed, "for the reason
that the land is doubtless unfit for
cultivation without irrigation, or
else it would have been entered
long ago." "
In reply to Commissioner Her
man's letter, Secretary Hitchcock
Usueil instructions in which he
said:
"A growth of ordinary forest
trees on land in the arid region
may, as a general rule, be accepted
as evidende of the nondesert char
acter of the land. It is, however,
a mere presumption that lands
containing sufficient moisture to
produce trees will produce agri
cultural crops, but, like all pre
sumptions of fact, it may be re
butted by proof showing that the
land is actually desert in character
and will not produce agricultural
i croj,s without irrigation
A sparse
and stunted growth of trees which
mav exist with little moisture, and
, 6 frequently found u;hii arid hind
actually unfit without irrigation
for ordinary agricultural purposes,
is not within the spirit and ir.ten
of the rule."
These instructions were reported
to the State Land Agent and to
the Pilot Butte Company, all of
which is cited to show the pre
cautionary steps taken by this
company to ascertain, before mak
ing a contract, whether the lands
it had in view would be held sub
ject to the Carey act.
' No action is likely to be taken
on Green's report for two or three
weeks. The case ' is waiting its
regular turn. There is no record,
along with this rejiort, a great
mass of affidavits filed by the Pilot
Butte Company showing the land
to be arid and not capable of pro
ducing crops without irrigation.
These affidavits were filed under
the Secretary's instructions above
quoted and are from Congressman
elect Williamson, the Oregon State
Engineer, ex-Surveyor General
Pengra, President Lytle, and Chief
Engineer Hammond, of the Colum
bia Southern Railway; 3. M. Moore
of Portland, and many others of
known reliability who have person
ally gone over the ground. There
is also filed an exhaustive analysis
of the soil and statment of precipi
tation, by months, on the Upper
Deschutes. This mass of testimony
is all diametrically opposed to
Green's report, and shows the land
to be arid.
There was a "horse on" Second
street this morning. Yes, 300 of
'em, came tearing down that boule
vard(wbich, by the way, is against
the law) keeping up a terrible dust
(that is "has been" dust). They
are the property of G. H. Russell,
who brought them all the way from
Prineville, and are bound for the
Yakima country, where they will
be broke and fed preparatory to
placing them on the Sound market.
The trip down was a hard one, con
suming eight days, mostly through
heavy rain storms. Two days,
however, were spent at Shaniko,
from which place it was the inten
tion to ship theni, but the scarcity
of cars prevc"nWiand fhey were
driven down. Dalles Chronicle.
Wedding Bells.
One of the happiest events ot
the season, to at least two persons.
was the marriage of Miss Marie D.
Cottor to Charles Brock in the
parlors of the Hotel Poindexter,
Sunday morning, November, 23.
Promptly at the appointed hour
the strains of the wedding march
floated out upon the air and the
bridal couple entered led by the
bridesmaid and gioomsman, Miss
Jackie Brock and Mr. Will Brock,
sister and brother of the groom.
The bride was elegantly attired
and the groom was dressed in con
ventional bkek.
Miss Berna Poindexter presided
at the piano and did justice to the
occasion.
The ceremony was performed by
Rev. H. C. Clark in his usual im
pressive manner, in the presence of
a few invited friends and relatives.
Those present being Misses Ethel
Ligget, Maud Vanderpool, Maggie
Glaze, Jackie Brock, Berna Poin
dexter, Mrs. Haner, Mrs. H. C.
Clark, Rev. H. C. Clark, Messrs.
Will and Ed Brock, Charles Swall-
ey anil . i. rogie.
The young people will take up
their residence on the Deschutes
where Mr. Brock has a ranch. He
also is a contractor and builder in
the new town of Bend.
The Journal1 unites with their
many friends in wishing this esti
mable couple a long and prosper
ous journey o'er the troublous
stream of time.
"Now s cue Appointed Time "
The O. R. & N. Co. has just issued
handsomely illustrated pamphlet emitted,
'Oregon, Washington & Idaho and
their resource.." People in tho E;isi
are anxious for information alxiut iln
Pacific North West-If you will give llii
(I R. & N. Co. agent at Shaniko a In:
,of name, of eiis'orii people lm are lit -
ly to be interested, tha booklet will bt
mailed free to such persoim.
NEWS BRIEFLY TOLD
Items of Interest Gath
ered Here and There
Some Stolen, Others Not
CuJUrjgs From Our I ich tnej-
Newa Notes of the Week
Timely Toplos.
That this town will be sweet for
some time to come may be inferred
from the fact that there is- now'
here and on the road upwards of
14000 pounds of candy.
Next Monday night is the regu
lar semi-anual election of the
Artisans and a good attendance is
desired.
Last week this office received the
initial number of the Oregon Law
School Journal. It is edited by S.
T. Richardson, more or less known
in this section of the state. It
presents a very neat appearance
and seems to be Well fitted to fill
the position it occupies. ,
One of the most important hap
penings in this state of recent date
was the sale of the Oregon Wonder
mine at Prairie City last week.
This mine is one of the biee-est
Co
things on earth and is destined to
revolutionize mining in Eastern
Oregon. Take into consideration
the fact of a ledge of free milling
ore 600 feet wide and a mile in
length that is exposed to theextent
that it only requires quarrying to
place it in the mill. This will re
duce the cost of production to a
minimum and make this prospect
more than a rival of the great
Treadwell'in Alaska.
Heport of the Johnson Creek School
for lhe term ending Nov. 21st 1903.
No. of pupils on register at close
of term, boys 7; girls 14; total 21.
No. of days attendance 814; ab;
sence 57. Average No belonging
15. Average daily attendance 14.
No. of visitors, parents 11; mem
bers of school board 3; others 13
Miss Mary Kirkham was neither
tardy nor absent during the term.
Miss Anna Beard missed only two
da-s.
Those neither tardy nor absent ,
during the last month were Mary
Kirkham Anna Beard and Mable
Ray.
C. B. DlNWIDDIE,
Teacher.
Shoes. A full line of Ladies', Gents
and Children's shoes. 8. J. & Co.
nrt . 1
ins...
Oregonian
The.,
Crook
Conty Journal
Journal with Either, $a.
The Portland
Journal
The...
Crook
County Jonrnal
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SAKE