0: Itf 1 L 7IS A GUNTLB ItllMlNtMR TO TUP. PRIMARIES JVEXT SATURDAY D01VH FORGET TO VOTE FOR J. X. WILLIAMSON otmty . Journal VOL. VIII. 1'JtINKVILLE, CROOK COUNTT, OREGON, MARCH 24, 1904. NO. 15 0 'r.i 0 1 ft 14 7 n 111 TV 33 L f. V.ii I.cl & Co., i'rons. IP I ive 77e Pace Tkat Saves You Money 1 It tL . V AM Kinds 4f Ccncral Merchan dise, iiiclialiim I'u rnisli in Coods lor Ladies, (ieiitleinen and Children,, t.roccrios, Crockery, and Hardware' Shoes Hats, Confectioner' and Cigars The Family Supply House 1 1 MfcAc Company, Proprietors U w. tProfossiona! Cards, 9ctv Spring 9fjiVincry Watch 7r Zlie Oates Sraul Spring Opening of Ou ?, rs. d Bradford C a fit $ 9i S7 J' I'UIskvii.i.k, oi;k;on 10. SSarncs, jTiiorHey at Caw, I'lUNKVII.l.i;. . . OIEKCON WANT SIX MILE LIMIT Cattlemen are Anx ions for Plenty Of Room It l- prulalli! Unit if the Blue Moiiiitniu withdrawal i becomes pern an 'Ml and is -l aslJu in a IC lul'i'-l le.i'-IVc. Illl-re will lie a SIX mill' iit.i.i iill.u In I li it fur stock )ii:;iii:i , I Wurt w !ll be made to Hiilnc I in- i,ii r'.'tr Dr-parluu-iit to give this iniiiii.iil 11 room fur the i-lncl. ili'crosts mill Juiigu Bigg", who rcc tit I V li ft fur tlio Kuft will In Washington in tlm interest nf tin- ' iittli ihi'U win) favor tin' withdrawal. Tlir IfloYe is ill accordance Willi I lit- ru'i K CIIW-rlHllg tin? Ca.-cade ren-i ve with tin exeeplion tluit Ihe itn.il till! 1m' doubled. Tim Cas 'mil' n-crve is Hurruunili-il with a lliri'i' milo iirru for UM'only iiy tlie itiH-kiiii'ii in iiiljm?i'til district, and il is h:iiomm! toi'xtind thin limit .il it ili I i t ii tint I lliri'ii niilin if I'Ossi- lr whi'ii tin' lilue Mouiiti'.in re- .-i Tc ii H-t iisiiie. Hie iirnjiositiori s willi npiirovnl on the part of tin: sl.orkiw'n interesti-il and es H cially Iiy llie ciillle griiwer who tisc llie iit'i-n within the wtlliiliuw- al for siiiiimer rangi'. It in expect ed thai an order will soon be in- locality, was also tlio name of the iiw(il)'n-e until almnt a year ugn, when n order to clianKO the name tu Desi-huten wan worked t lironh in llie interest of a town plat of that name then filed, Kince then there have Ih-i-ii two or three efforts to have Hi nd po'lolrii-c established at the lii nd townsile, an inoreeen trnl for llie eotmnuiiity, hut not until the )nvctiiation' by I'ost- oHii-e nsjs'ctor Riclin last Janu ary did any success attend those efforts.. At lirst it Was projiosi d to have for the new liend jmstoflice only the regular mail service of this route tri-weekly mail. Hut those interested in preventing the estab lishment of the new ollice would not certify to the facts as to mail route and service and now it is un derslood that the new liend office will have a daily service from f'rini'ville. SOME Tlm BERFners Supreme Court De eisions On Rights Of Claimants. There has lieen Considerable con troversy and difference pi opinion relative to the timlier and stone act as to the meaning of the word ''speculation" as embodied in the said act, mid many proofs had been held up in this state as well as other states, ITy special agents of the general land office, but the de in which these were nmde, money furnished hy the assignee, en gineered by the assignee, and this arrangement made, I do not aee any escaie from the conclusion that they were made in violation of the statute, and ought not to stand, - Thii decision was before the su preme court and was approved in' llawley vs. Di'lUr (178 U. 8., 47i), which held (pge 40): "There was no misconstruction of the law by the lan'd department." Such has been the consistent : construction of the law. (Instruc tion 3 I,. D., 84, 86: United Hiatus vs. Bryan, 29 L. I)., I4, United .Staler vs. Henries, 19 L. I). 258. WOOUiKOtt'KRS IX SKSjiJON Hold Mi-clinii at Antelope and Discuss Shearing Prices and Korest Reserves. i cision of the secretary of Ihe inter-r '''' Jt ,0M not invalidate ior in the case of Annie M. Dona- 'jUn' ntry (one of the entries in controversy in this decision) that T!i iflomSilon Stables b. E. tlaUilflt'JHtV, PROf. Slis-k biiiiili'l by the day, v," k i-r ni'inlh at Iti- iwinal'l" i jl'-". lb in' uil'i-r u- wl n in I'l in-ill.-. U.ATKS HKAMiNAIil.K. We have Fine Livery Turnouts g jyilun ill t'liiiiiei-tiiin Willi tin- I'.. nil Stable. BE2EE s I'KI.S'KVII.I.I-:, nl:KHX. I'ltlXKVii.i.t;, iiitKin" . SSrn I (J X.i.iry anil Ctmxt.lor at jCn IP I'lilNliVIM.K, UltHtioN. ' II . K. Iil-W lllln II. l. I1III.KS4I' .Henderson & Pollard. Wines, and Liquors, I 5 Fu.estCiQars In Stock. QouhtryOrdcrs Solicited First Door South of Poindcxter Hotel. Oll'li THE .WINNER CO., imn.s, 1) A T K liiiiitpnial.-d liHI.1!. statiom:ny and ii'-to- HOUSli I-URN I SHIN (IS. 3cAnap f Cduiartls - Physicians ffjirf Surf eons. t First Dour Knsl of U'iniu-k's Drug Store. I'lllNKVII.l.K, llltKCON" f.y....a .no" Snry..n I'lill.NII.WOIVll ..llllll!y ,lay ,r Iki-llt III Kit uitli llr, V. lMn,:r. lli-niili-nw ' corner tut nu.t Main nil-win. I'iilXKVII.l.K. lll!l-:iill t S. Parker, 0. 0. Osteopathic SPAyucian Pvintiville, Oregon. v Vl: f t - 1 T v 5 S! The Owl's Nest B. GOJiMLY, TAILOR W. II. SNOOK, ill. D ril -Irliiii Cl'I.VKR, iiiiiI Mi;.i; oiti':t;o. Am pri-pivred to answer profet siiiual calls prnniptl I iiiB!aiiiSiiiiiMcr' 1 'nnovillo-Silvor Jitikc! Nkin,e Iiiu- " DICK VA.1)K1!VKI!T, 1'iop. Lravi-s l'l-itievilli' .Muiuliiy.i, V,,1 nesiliiys ami Fiiilays. Freight ami KisM-iiKir vvayhillid (or hihi-r Lake and May points. I.. A. Hi kith, Agent. '.''-Wt'i''M'.M.'M.x I'rinovillo-Uiirns IX ALL THE LATEST ,, , ,,,::: r . , L. (i. t-Oli.Nh I, Proprietor STVI.l-S AM) l'ATTI-KXS'iM,,,,,.,,,, Bura Mon. I days, Weilnesdiiys and Fridays, at Tur c&mt ni n cTAwn i hi. wnnib ui.w uinnu , , . 1. . 1IIHI1II, AL'I'lll. .-iii-ii inasiiig pi-iiiiuiiciii me re serve ami llie slock interests are working hard to secure tie- more i-xlended limit. II A I.F Til K TAX I-S Ct IM.I-X'TKD Sheriff's Ollice Makes d Oood Re- cnr.l During First 1,1 Days in March. During the first 15 days in March, or to the date when the re bate on llie payment of taxi's clos ed, the sheriff's olhYe collet-ted !0..r)U7, over half the amount of ihe total assessment. Six hund red of the DtUO tax payers in the county had paid either all or part of their taxes and many more col lections have been made during the past week. Some of the heavi est tax payers, however, have not as yet paid in, bill in the opinion of the sheriff greater part of this will have been paid by the lirst of April at which time it ii expected that fully fl."i,0(H) will be on hand leaving ii balance of only ll"i,(XH) to be collected. After today there will be but 11 more days before nil personal pro perty will be under the ban of the dclimjuent list. The law requires taxes on R.'rsotml property to be paid not later tlm Ihe first Mon- lay in April, which falls Ibis year on the 4th. After that time iieii- iltics will be attached. Taxes cn real property must be in the hands of the Sheriff not later than the lirst Monday in-Oelober and that late is the ilrd. . A large number of both real and personal property homers have paid in half of their taxes, a fact which relieves them of the burden of'paying a penalty and extends their time for the balance of the payments until fall. HF.XD AGAIN A I'OSTOFFCE Department Issues Order Creating Ollice ou the Deschutes A. II. (irant Postmaster. A new postolliee of Rend has been ordered established here, with Alfred II. (jriint as postniast- The nppointmeiit dates from Mrrcli 7, though it will lake some time to complete the necessary formalities and get the new post otliee actually' in running ojder. The bond of the new postmaster with A. mrake and J. X. Hunt er as sureties in the sum of $IIXX1 went forward to Washington yes terday, says the Bend "llulletin. The new ollice will lmve full money order facililies.'thus supply ing a long felt want at this point. It will oe located at the store of the Bend Mercantile Company. Bend the historic name of this The AnteloH' H'imi! Growers' as sociation held a meeting at Ante lope the last of the week at which a large number of sheepmen from the surrounding coiintrv was pres ent1. Among other mutters discussed was the matter of -a public sales day for wool at Shaniko, June 2-3 being recommended by the assutift tion for the lirst sales day. This matter will be settled by the State Executive Committee, but the rec ommendation of the local associa tion will lie curried out if possible. A committee was appointed to confer wiih the Crook County cat tlemen relative to the making of lines in the Blue mountains. This committee consists of Duncan Cliisliulm, Pat Radigan, Murdo Finlavsnn and Joe Bannon. A committee was also appointed to arrange with sheep-shearers for prices of shearing this st'::s:n. -Six cents for stock sheep and seven cents for wethers two ycare old and upwards was recommended as a proper price. The wool-growers organization is now in a most flourishing condi tion, nnd with a few exceptions, all of the stockmen of northern Crook and southern Wasco coun ties are members. LARGE FORCE OX DITCHES Dos;!iutes Irrigation Company Is Pushing the Work en Their Canal Dines at Bend. Additional forces of men have been added to the present large crew at worn on the Deschutes Ir rigation company's ' canal lines and more will be put to work this week. The lower ditch crew is at work nine miles north of Bend and construction is progressing rapidly from the mouth of the flume to the 'townsite of Bend. During the past week work on the canals has been carried on below the Bend and the old county road has been vacated The ditch line occupies the narrow pass for two miles north of Bend and the road has now been swung over to the east side ot the ditch. The lower camp is near Long Butte where considerable rock work is being done. It is expected that within a few weeks ten miles of the ditch will have been completed making a continuous canal from the end of the Hume to a ppiut some distance below the Hutte. Xorth of the lat ter point the ground is such as will permit of easy and rapid con struction. Over 200 telephone poles ha ve been cut for the line which will he erected along the canals and the work of delivering them began this week. An order has lsen placed for 27 miles of wire ind it is ex pected that telephone communica tion will be established between the working points alone the canal lines in a few weeks time. hue et al, from the Eureka, Cal., land district, as delivered on De cemlier 10, l!t03, and now publish ed in the advance sheets of the land decisions which can be seen at every United States land office, has settled this point conclusively, and a part of the decision is here with given, to-wit: 'Following the familiar ruie of statutory constructing, to seek in the act itself the meaning of particu lar words by sludy of the context, it seems that Ihe words immediate ly following 'speculation' explain and define its meaning. If that be accepted, then its meaning that all the benefit of the title sought to be acquired is in good faith intended to be for the entry man himself, and that there is no intent or contract that it shall in ure to any other person analogous to the requirements in other pub lie land legislation under settle ment laws. There is nothing in the act other than the word Sjiecijiiiiion itselt in any way indicating that congress intended that no one should make such en tries, except lumber or timber lealers or those intending them selves to cut and market the tim ber. If il was intended to so limit these entries, it is obvious that more apt words might have been chosen. If it is not so to be limit ed, it is an absurdity to prohibit or forfeit an entry because the entry man contemplated profiting by a sale of the land. He would not make the entry and pay money ex cept from a motive in some way to profit himself, and if he does not intend himself to cut or market the timber, and is by statute re quired to so intend, he petforce must intend to profit in the only way possible namely, by sale. This is the construction given to the act by the supreme court and by the department heretofor. In United States vs. Budd (144 S. C, 154, 163,) the court sas: 'All that it (the statute) denounces is a prior agreement, the acting for another in the purchase. If, when the title passes from the govern ment, no one, save the purchaser, has any claim upon it or any con tract or agreement for it, the act is satisfied. Moutgomety(was a tim ber buyer and speculator Jiniglit go or send into that vicinity and make known generally or to indi viduals a willingness to buy timber lands at a price in excess of that which it costs to obtain it from the government, and any person know ing of that offer might rightfully go to the land office and make ap plication and purchase the tract from the government. "In United States vs Bailey et al (17 L. D. 468, 457) Ihe department held:'That the purpose and intent of the act was to give every citizen of the United Stales, or one who has declared his intention of be coming such, the opportunity to purchase 160 acres of land under said act, if it was unfit for cultiva tion, but in every case the er.try-j man is required to act in good faith. This holding in no wise conflicts or interferes with the right of a purchaser in good faith of laud under the act, after he acquired ti tle' to sell the land if lie desires to do so. Sales made soon after pur chase, however, if unexplained, have a tendency to arouse sus picion in the mind that when the entry is made it was not for the entryman's own exclusive benefit and use. And when we find 12 entries made in the same manner he used the word "speculation'' in stead of the more appropriate term "investment" to describe the motive for hi entry. Nor does the fact that the others of the group admit they made their in' vestments with view to and in hojie of proving profitable, im peach in the least their good faith. It only tends to show that they intelligently exercised a right given them by statute in a wav that they hoped would prove to their financial and material ad vantage, as they had a perfect right to do. The disposal of this group practically disjioses of all the cases. None of them came within the rule of the United States vs. Bailey, supra. They all but two purchased with their, own money, and in a legal sense those two did so, in that they borrowed and contracted a personal debt, one of whom had paid it; the entries were not planned, procured or "engi neered" by any one for his profit, using the entrymen as his instru ment, compensated for their ser vices in acting in his interests; no prior agreement or contract, ex pressed or implied, is shown to have been made by any one of them for assignment of the inter ests' to be obtained by the entry. Take the most suspicious one in the list as an exsmple, Annie M. Donahue, who sold to Christie on the date of her proof. In Peasley vs. Whiting 20 L. D., 34, it was held that "a sale of a timber claim after acceptance of final proof and prior to issuance of final certificate. does uot in itself warant an at tack on the entry." A special ex amination has failed to show any preconcerned arrangement for such sale, or that any one but the entryman herself had any interest or benefit in the entry when it was made, etc. Under the ruling of both the department and the court, all the entries should be approved. (The entries in question in the above decision had all been trans ferred from the date of proof to one year after proof.) There is no limitation in the timber and stone act which forbids the entryman from selline the laini immediately after he' has made the entry or which requires him to make any particular use of it. In the case of Peasiev vs ' Wliiling(referred to in the Dona hue decision above named, 20 L. D. 24), the department held; "That an entryman has the absolute right to sell the land after proof, yeven before final certificate and patent have issued." And in the case of the United States vs Budd 144 U. S. 154, the supreme court said: "The act does not in any respect limit the dominion of the purchas er over the land after its purchase from the government or restrict in the slightest his power of alienation. In the rase of Kingston vs. Eek man 22 L. D., 234, it was held: "That an entry made with the in tent of selling the timber thereon ' would not constitute an entry made on speculation." Then why should an entry made with the in tent of selling the standing tiniher be .lawful, and an entry made with the intent of selling the land and a subsequent sale thereof lie unlaw ful? Is not the standing timlier really the same as the land itself? and if the sale of the timlier is legal the sale of the land itself must be4ngically also legal. Considerable stress is laid on (4'iimtutMHi on page 2.)