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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
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14
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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.)