Can Marigaga a Homestead Before
ararliif I'p.
An important decision from the
Department of the Icterior Imp
been received at the Walla Walla
land office, giving a verdict for the
defendant in the case of W. H.
Lichy vs. Hugh L. Hannon. The
quarter section in question is lo
cated in Whitman county, Wash
ington, two miles from Palouse
City, and is said to be worth about
$()000. The decision is important,
not only on account of the valuo
of the land, but because a number
of similar contests havo been filed
in the Walla Walla oflico, and are
awaiting trial.
This contest was filed by Lichty
on the allegation that Hannon had
entered the laiid for another party.
Lichty lost the contest because he
was unable to prove that the claim
was taken for anything but a
home. The evidence showed that
J. H. Gooch had furnished $2500
to Hannon to secure the land, but
still Lichty was unable to make
his charge good.
The land was originally a selec
tion by the Northern Pacific Rail
way Company, as indemnity for
lands alleged to have been lost by
the creation of the Yakima Indian
Reservation. One Theodore B.
Landis bad made a homestead ap
plication for the tract in 1892, and
had put on extensive iroprore
ments. Rather than enter a fight
with the railroad company, he sold
his improvements to Hannon, who
promptly proceeded to contest the
company's rights. He got a favor
able decision from the Walla
Walla land office in 1896, and the
Northern Pacific appealed, losing
again in a contest before the Secre
tary of the Interior. Hannon
then formally entered the land in
1899, and appeared to make final
proof in June, 1901.
This was when Lichty contested,
on the ground that J. H. Gooch
had furnished $2500 necessary to
buy out Theodore B. Landis. A
year ago the Walla Walla office
decided against Lichty, who ap
pealed to Washington last Febru
ary. The case has been before the
department ten months and Lichty
has lost again.
The real significance of this con
test lies in the validity of a home
steader's right to mortgage, or give
a claim against his filing in any
way, before making final proof.
This has been decided to be
legitimate, provided it cannot be
shown that the entry was made in
the interest or for the benefit of
the party advancing the money.
It indicates that the department is
favorable, or at least is, not oppos
ed, to borrowing money on a
homestead to make improvement
on the same.
The Department cites the law
bearing on the case as follows:
"An agreement for conveyance
that could not be enforced in a
suit to compel specific perform
ance, and that may be avoided by
the payment of a money consider
ation, does not operate as a dis
qualification oi the entryman, nor
will a contract that is simply a
pledge for the payment of money;
and especially will such contracts'
be so regarded when they appear
to have become of no effect prior
to the date of entry."
Hannon testified that there was
an agreement with Gooch to deed
him the land or a portion of it, on
proving up, in default of payment
of the $2500. Lichty made this
his principal point.
How Vacancies are Filled.
There h considerable talk on the
street of how congressmen's places
are filled. The following extract
from the Constitution of the Unit
ed States governs the election of
members of the House of Repre
sentatives and the filling of va
cancies: Art. I, Six. 2, Par. 4: When
vacancies happen in the represen
tation from any slate, the execu
tive authority thereof shall isuc
writs of election to fill such va
cancies. The election laws of the .State of
Oregon have the following provis
ions: Title 7, Sec. 53: That, when-!
ever a vacancy may oucur in the
office of Representative in Con-
gress, from this state,, from any
cause whatever, the Governor shall
issue his writ of election to till
such vacancy, in the samo manner
and under the same regulations as
are prescribed by law to fill va
cancies in the Legislative Assent
My. ..Title- 7, Sec. 46: ..Whenever
any vacancy shall happen in the
office of member of the Senate or
House of Representatives by death,
resignation or otherwise, and a
session of the ; Legislature is to
take place before the next bi
ennial election, the Governor shall
Usue a writ of election directed to
the Sheriff of the county, or Sher
iffs of the counties composing the
district in which such vacancy
shall occur, commanding him or
them to notify the several judges
of election in his county or their
district, to hold a special election
to fill such vacancies at a time ap
pointed by the Governor.
Some say there would have to
be two elections, as the term Mr
Tongue was serving ends next
March, if the election was held be
fore that time. Such, however, is
not the case. Congressman
Tongue had already been elected
to succeed himself. However, two
men might be elected at the same
election, one to fill the term end
ing next March, and the other
term beginning then, or one man
might be elected to fill them both.
A Vaad Canf a Medicine.
From the Gazett-, Toowoomla, u-tralin.
I find Chamberlain's Cough Reme
dy is an excellent medicine. I have
been suffering from a severe cough for
the last two months, and it has effect
ed a cure. I have great pleasure in
recommending it. W.C.WOCKNER.
Tliia is the opinion of one of our old
est and most respected residents, and
has been voluntarily given in good
faith that others may try the remedy
and be benefitted, as was Mr. Wock
ner. This remedy is sold by all drug
gists. Rules aa Sbeea (araslufr
The applications for the privilege
of grazing sheep on forest reserves
has been handled in two ways:
"(a) Where a woolgrowers" as
sociation exists which includes a
majority of the persons who are
interested in the use of the reserve,
the association may allot the range
and sheep among the applicants"
(b) Where such an association
does not exist, or does not
care to assume the responsibility,
all applications are made to the
supervisor direct, who acts upon
and forwards the same to the Hon.
Commissioner of the General Land
Office, with his approval or other
recommendation." The said rules
were established by the Honorable
Secretary of the Interior, by order
of February 8, 1902.
But on October 24, 1902, the
Honorable Secretary of the In
terior decided that in the future
the "Woolgroifers" association will
be eliminated from the 'matter of
allotment or other control, and
that the grazing be placed directly
in the liands of the supervisors,
under existing rules, and that all
penalties and obligations imposed
by Departmental order of Febru
ary 8, 1902, remain in force against
all permit holders." And all ap
plications should be submitted to
the supervisor direct.
A U uiii Awful Peril
"There is only one way to save your
lift-and that is through an operation"
were the startling words heard by Mrs.
I. Ii. Hunt, of Lime Ridge, Wis., from
her doctor after he had vainly tried to
cure her of a frightful case of stomach
trouble and yellow jaundice. Gall
stones had formed and she constantly
grew worse. Then she began to u.-e
Electric Bitters' which wholly cured
Imt. It's a wonderful Stomach, Liver
and Kidney remedy. Cures Dyspep
sia, Loss of Appetite. Tiy it. Only
uOcta. Guaranteed. For sale bv
Adamacn 4 Winnck Co.
, ,, ' i travel at Tenth and Callowhill
care unable to vouch for tl.c; ,t!,,.:g tlle other morni ,
troth of the .ollowing, but it is a Ll0 stook slid. Hi, chin looked
goou einry nevertheless: "The I
wife of a Methodist in West Vir-!
t'inia has been married three times.
Her maiden name was Partridge.
her first husband was n. m 1 Rob-!
in, her second, Sparrow, and the
present one's name is Quaylc.
j There are now two young Robins,
one Sparrow and three lit tit
Quaylcs in the family, One
grandfather was a Swan and an
other was a Jay, but lie's dead and
now a bird of Paradise. They live
on Hawk avenue, Kagleville, Ca
nary Island, and the fellow who
wrote this article is a Lyro and an
interesting relative of the family,
Commercial Poultry,
Raya He Wat Tenured
"I suffered auoh pains from coma I
could hardly walk," writes H, Kobin
son, Hillsborough, Ilia., "but Buck-
leo's Arnica Salve completely ouml
tliom." Acts like mainc on aprains,
breiiaea, cuts, sores, acalds, burns, boils
ulcere. Terfect healer of akin dia
eases and piles. Cure guaranteed by
Adamaon A innek Co. Price !5c
Young men, you aro the archi
tect of your own fortune. Rely on
your own strength of body and
soul. Take for vour star, self re
liance. Inscribe on your banner:
"Luck is a fool. Pluck is a hero."
Don't take too much advice. Keep
at the helm and steer your own
ship and remember that the art of
commanding is to take a fair share
of the work. Think well of your
self. Strike out. Assume your
own position. Put potatoes in a
cart, go over a rough road, and the
small ones go to tho bottom. Rise
above the envious and jealous,
Fire above the mark you intend to
hit. Energy, invincible determi
nation, with a right motive, are
the levers that move the world.
Don't swear. Be civil. Read the
papers.. Make money and do good
with it. Love your Goel and fel-
lowmen. Love truth and virtue.
Love your country and obey its
laws. Ex.
COUGHS AND COI.D8 IN CHILD.
KEN.
Rceomraendalloa el a Well Known
I hlrags Phyalrlail.
I use and prescribe Chamberlain
Cough Remedy for almost all obsti
nate, constricted coughs, with direct
results. I prescribe it to children of all'
ages. Am glad to recommend it to
all in need and seeking relief from
colds and coughs and bronchial afflic
tions. It is nuo-nnrcotic and safe in
the hands of the most unprofessional.
A universal panacea for all mankind.
Mrs. Mary R. Mei ksdy, M. D.,
Ph. D., Chicago, III. This remedy is
lor sale by all druggists.
tbarcea tiled.
Washington, Jan. 7. Secretary
Hitchcock now has before him
charges that have been preferred
against Surveyor-General Mel
drum, of Oregon, which promises
to result in the suspension,
if not the dismissal of that
official. Some time ago the de
partment became dissatisfied with
the manner in which the office was
being conducted, and had a
thorough investigation made by its
special agents. It is their report
that is now under consideration.
One of the most serious charges
against Meldrum is that he is ad
dicted to the use of liquor, and in
consequence it is said neglects his'
duties, being frequently away from
the office during office hours, leav
ing its control to subordinates.
The secretary does not wish to act
hastily in the case, but will prob
ably temporarily suspend Mel
drum, placing the office in the
hands of one of his own men for
reorganization, as it is now re
ported to lie thoroughly dilapidat
ed.
Dr. W. W. Tagart, the eye special
ist, at the Poindexter Hotel, ill at-
r ml to your eyes, fit your spectacles,
cure your headache and nervous
troubles One charge for one year.
Care of children a speciality. Glnsea
giound in Portland.
Breaking A Baiky tlarae.
A halkv horse was blockini
ol;.nate. He was no more to be
buyed than a mountain.
-lAV tri.'l CtvarirtliinrT .iti It'm.
Th even buiUVflre under him.'
But he stepped hastily out of range
of the heat and resumed his balk
ing again.
At last n horse tloetor appeared.
He stepped out of the crowd and
held hid hand up to the driver fur
silence. The driver thereupon
ceased his loud oaths.
"I am a hursc doctor," said the
nowcomer, "and in less than a min
ute I'll havo your horse on, tho
move.
He took out of his pwkut a pen
knife and a little whistle. lie
opened the horse's mouth and
scratched its gums with the knife,
while at the ame time ho blow a
shrill blast into its large ear. -
"Now, then," he said quietly,
"git op, thar. Git-apl You hear
me!"
The home departed at a brisk
trot, and tho doctor said to the
crowd: .
"You can always break up a fit
of tho balks, gents, by working on
two senses at once. I worked, as
you saw, on the hearing and the
feeling. I shocked the horse's ear
with a sudden noise, and I shocked
his feeling with a sharp scratch
Off he started, then, at onco, his
balkincss all forgotten,"
Saw Urnth Near.
"It often made my heart ache,"
writes L. C. Overstreet, of Elgin.
Tenii., "to hoar my wile cough until
it seemed her weak and sore lungs
would collapse. Good doctors said she
was so far gone with Consumption
that no medicine or earthly help could
save her, but a friend recommended
Dr. King's Now Discovery and persis
tent use ol this excellent medicine
eel her life." It's absolutely guar
an teed for coughs and all throat and
lung diseases. 50s and $1.00 at Adam-
son & Wiuuok Co. Trial bottles free.
An laulan DUIrlcl School.
Some of the Yankton Indians
recently proposed to oiien a little
school of their own, so that their
children need not be taken away
from home to attend a distant
school. Neither dissuasion or on-
position daunted these parents.
Permission was obtained from the
county, and the Indians of the dis
trict contributed what they could
in logs, money, stove, tables or
anything for a echoolhouse.
About 11 miles from the Agency
there now stands a little log school
house, chalked with yellow clay.
It was built by theso parents, who
havo thus relieved the "Great
Father'' of the expenso of some 40
of their children. The agent and
the Government School Superin
tendent opposed this new move,
becauso 40 children out of the
Government school meant a reduc
tion in salaries or a smaller corps
of employes. The school term re
quired by law Is six months. , This
little school has nearly finished its
second term. There are 41 chil
dren on the roll, though the house
can scat only about half that num
ber comfortably: When the In
dian people take such a step as
this; when they will struggle amid
many discouragements to support
a district school, notwithstanding
there is a government school at
hand where the pupils might find
an easy admittance, there is every
reason for encouragement. It is a
forward step a sign of progrese.
-Southern Workman.
IMasalnflan Notice.
Notice is hereby given that the
firm of Cornett it Elkins, doing a
general blacksmithing business in
Prineville is this day dissolvad by
mutual consent, tho business,
stock and fixtures having been sold
to J. H. Wigle. All accounts due
the late firm will be collected by
Frank Elkins and all accounts
owing by said firm will be paid by
said Frank Elkins. All account,
now due the late firm have been
placed in the hands of M. R. El
liott for immediate collection.
G. M. Cornett
Frank Elkins.
Dated December 9, 1902.
SWA
Tela algnatofe la on every box of tbe genolna
Laxative Brcmo-Quinioe Tablet.
tba remedy that cures a eoM la ana M
SlTH'S
Wines, Liquors,
Domestsio an d
ImportedOig ars.
Jf
YK
i
Proprietors or the Priiwille Soda Works.
PHINEVILLK, ORE.
CHAMP SMITH. ISOMCLEEK.
White &
-DEU.KR8IN-
WINES, LIQUORS,
IMUIKSTH
inroi(n:is
COUNTRY ORDERS
SOLICITED.
EDM. WHITE,
PRINEVILLE,
SHANIKO WAREHOUSE
coMPAisry
SHANIKO, OREGON.
Fireproof I'uildings, 100x000 feet, 1"() foot, being two
stories in height.
General Fowarding, Storngo and CoiiitiiiHsii-n.Mercliaiita.
DEALERS IN
Blacksmith coal, Flour, Barbed Wire, Jfniln, Cement, Lime
Coal oil, Plaster, Sulphur, Wool and- Grain sucks and
Twine, Grain and Feed. Highest prieo paid for Hides and
Pelts.
Special attention given to Wool trade. First Class baling
and grading facilities.
Stock yards with all tho latest and best facilities for hand
ling Btock.
Agents for tho Wasco Wurehouso Milling Co. "White
River" and "Dalles Patent" flour. Best in the Market.
9farc Soods Caro ?, W. Co.
Prineville-Shaniko
Stage Line.
DAILY BETWEEN PSKEVILU AND SHANIKO,
-SCHEDULE.-
Leave Hbariiko, (3 p. in.
Leave Prineville 1 p. in.
First clase accommodations
for the traveling public.
PASSENGER AND FREIGHT
Adamson & VVjnnek Co., Agents.
G. M. Cornett, Manager.
wear
madc
by i
II Strauss
W I
'America' Leidiof Tallon,"
Chicago
Good clothes contribute much to happl-
neaa. Yog gain the point
madegarmenU. Thej are
to your axa.ct ma.aura
tallon in clean, unitary
from Bret to lait given the minutest attention, the
resait being garment! distinctly
and abaolalely aallafactory.
how it can be done at the low prices
our line of 500 aamplei of choicest
Salomon, Johnson & Co.
RECEPTIOn.
The Celebrated
A. B. G. Beer
Always on Hand,
Combs.
unci
...
CIGARS.
FIRST DOOR SOUTH
POIN'DEXTKR HOTEL
JOHN COMIIH.
OREGON.
"
Arrive Prineville, 0 a. m.
Arrive Shaniko, 1 a. in
RATES REASONABLE-
For that
Millionaire
Feeling
garment
- to - ordar
i i i i
Bros..
IV
in Stnaia'Broe.'
made icieutlflcallT
bj hlirhly skilled
ihopi livery detail
above the ordliary
Yin will wonder
quoted. Call and see
new woolem.
EFFECT"