THE CROOK COUNTY JOURNAL An Independent Nawspaper D. f. STKFFA, Publii-liod txvry OFFICIAL TIm Jomi. U elitf-ml at thff raw- flic d PHmvIIIc, Oref ., Ir InumimwMon tkitouKr. the y. i. idkU mmcwkI oUm omUIm... - . TMUBSDAY, MARCH 24, 1904. AFTERMATH. We are satisfied there would have bten no contest in the second dhiitrict over the nomination Cnre88 if Mr. Moody had not pUnned campaign of retaliation j because Mr. Williamson was noni' insled and elected two years ago. It aeemi that be has used his ut most endeavore to debar Mr. W ill iainson from having a second term, and had lieutenants ami bench men to do his bidding in every county in Eastern Oregon. Two years is ample time to mature ob atruction tactics under an able manager. The U. S. land office, in this city, has given its patron age only to those papers which were opposed to Mr. Williamson, and, in some instances, where the Republican paper favored Mr. Williamson, the land notices were published in a democratic organ. Even where settlers had designat ed the newspaper, and paid in ad vance for the publication thus making it somewhat in the nature of an eicuted contract the money has been forced to be refunded to go into the coffers of Democratic prints. In this manner 4he Re publican officials have helped upport newspapers who have al- wayi been opposed to the adminis tration of President Roosevelt, and will be in the Democratic column this year. Of course, this was not Republicanism; but H was anti-Williamson, and that answered the sole pupose of the manager. These land office organs have never missed an opportunity to distort facts against Mr. William son and in favor of Mr. Moody. Even in the indictment against Mr. Moody by the TJ. S. grand jury, these papers stated the ac quittal by order of the court was a complete vindication of his inno cence; but, on the witness stand, the gentleman's own statement ad mitted the substance of the charg es. The Chronicle never publish ed anvtbmg in regard to tins in dictment that was not substantial ed by Mr. Moody's testimony on the trial, and refused to go out- tide to get evidence that had not Wi made public in the court. The battla has been fought and wen bv Mr. Williamson. He will b renominated and re-elected to a second term in congress, and glance over the field may be in structive. It has been charged that the Chronicle has made a personal fight against Mr. Moody. This is not true in a single in stance. It has been known for a long time that this gentleman was aVlng plans to defeat Mr. Wil liamson for the renomination, and this against a precedent that had been established in this state for more than twenty years. This was combatted, and his plans and objects made public. The intelli gent support of our congressman made this ueeefsasy. On the part of the opposition it was retaliatory lo attempt to (leteat air. vulliiim son for renomination. The Mult nomah factional figgt should not have been transferred to Eastern Oregon for the same conditions do not exist. But to heal the wounds received in the defeat two years ago, revenge was uppermost in the mind of the ex-congressman, and the land office patronage mid other agencies were employed to accomp lish his purpose. He has failed, and it is hoped that in the manip ulation of politics hereafter he mav be actuated by higher motives than personal revenge on a suc cessful pponent.-Dalles Chronicle. It is almost superfluous at this time to call the attention of the primaries to the fact that the sec ond district is represented by one of the ablest men who has ever gone from Oregon to congress Ht much has 1-ecn said in favor of Mr. Williamson and the masterful way he has taken hold of the na tional and local affairs in his pres ent office that additional words are not needed. Those who at Und the primaries Saturday will show their appreciation of the fact in a substantial delegation to tit convention. PUBLISHED BY THE JOURNAL eUHl.ISIIINU CO. ThnfMhy nt Tlu Jimmal lluil.liiijr. Prim'Viilo, On'jrou, PAPER OF CROOK COUNTY. Additional Locals licorgc Rodman hihI wito, of Culver, wore ri'ijinU'rod nt the Prinevillc Wednesday. George SehUvlit left this morn-j Kami locality are in many in ing for his home nt IVsclmtes after ! stances located in lirutioiilly n week's business visit in the city.jsoliil body, and natmally look J. B. Merrill and daughter, of i ,ow,m,s P sale of their res,-c- Havstaok. arc in the eitv. ' Mr. Merrill is transactin? business in : .connection with Ins stock interests, Thd services at the 1'iiion church j next Sundav will be conducted bv the pastor of the Presbyterian j church. All not worshiping else-1 where are cordially invited to be present. Handlers on tipper Crooked river report the water to be higher than if has ever been ln-fore. Consider able damage h.-s been done to the fences in the vicinitv of the stream which has shown no disposition to keep within its banks. E. T. 8!aytoi and E. 8. Dobbs started a bunch of lt5 head of cat tle for Shaniko this morning. The herd, which is from the J. II. Gray stock of Ilerefords, is one of the best which has ever left the coun ty. They were purchased by Mr. Butler, buyer for the Union Meat company of Portland, the price be ing $4.50 per hundredweight. Something akin to consterna tion was created among the local cattlemen recently by the receipt of the news that R. N. Staiilicld, a'Morrow county stockman who formerly bought tattle in this county, had suffered the loss of several head of cattle from black tougue. This disease is perhaps the most dreaded. by cattlemen, and such a report is usually the signal for a general effort to keep the herds in good condition. Stejis have been taken by some of the cattlemen in the eastern part of the county to combat any invasion of the dread disease in that sec tion. Some Timber Facts, tl'ontiuued from pare 1. the fact that in many instances parties who have taken timWr claims have mortgaged their claims in order to procure the purchase money; there is nothing in the statutes forbidding that in a case of a homsteader moragiging his claim before issuance of final cer tificate, it was held by the depart ment in 8 I,. I)., 243, that "a honiesteadep mav, before issuance of final certificate, for any im pose not inconsistent with "nod faith, mortgage his claim." Now, if a homestvatk-r can" mort gage his claim before final certifi cate is issued to him, and it has been.held that he lias the right to mortgage his clajm for the purpose of procuring the money to prove up and to commute his entry, where there was no" collusion or prinr agreement to sell, why should not a timlier claim applicant, who desires to avail himself of his right to take up a claim mid who ha- not tfie ready money to pay for the claim, have the right to take up a timber claim and pay for the same with the money bor rowed, an! for which he mortgai-s his claim as security, after he has made ths entry, provided he has made no contract or agreement to fell or take up the claim for any (other party than himself prior to j application or entry? tfurly, the tmilit-rand stone act was not pass ed for the rich man oniy, for tin man with the ready money, and if an i-utryman has the right to sell his claim after he has made his proof, why can he not mortgage ihe fame? l'.otli are conveyance and alienations. It often occurs, and it is but natural, that locators of timber claims criiirt- certain valuable tinilH-r tracts in contiguous bodies es-nally where the timber is line and well situated, aril knowing that it will he easier for them to hs ate parties ,n such tracts. Par ties who dci-ire such claims, main ly such as reside in the same com munity, using perhaps the same locator, go in groups, partly for company and paitly to save ex-p4-nsi-. anil naturally desire to be located in close proximity, and generally become witnesses for each other in making their respec tive proofs, and likely are iiwnrc of S. M. H.VIl.rY. the fuel that Iwdie? of timber lnml ilooatttl elielv loijetlii'r will find , tvumor niarkel than it tliey were I wittered, and ill that niamier ii j often occurs that parties from the ,lv,, c,i,,ms slul wh l',,r,lr'1 '"ijim itavo certain purchasers tn 'w ami in uiai way can rightly take up a timber claim, provided such claimants have not entered into a prior agreement or contract to sell or not acting as a "proxy" for another in taking up the claim, and simply know of such prospec tive purchasers, either by hearsay newspaper advertisements or in a direct way through locators, c.liis ers or others; and in the cose of United States vs. Itudd, alluded to by the secretary of the interior in the Donahue case above referred to, it is 'held by the supreme court of the United Stales, the highest tribunal in the land, "that u per son interested in buying timber lands might go into a community and announce his desire to pur-; chase timber claims, and persons knowing of this desire nii-iht right fully go UKinand 'purchase lands from Ihe government and after wards transfer them to the buyer or seculator without violating the provisions of the act, provideil the entrynian had no prior agreement or contract, direct or indirect, ex pressed orjinplicd, with the pur- haser or :tnv oiirK- ri.i,r,dnitl ,,,,. him, and that the entmnan did not , , ,. . ,. , act as a tool or a "proxy" for the purchaser in taking up the timber claim in other words, in loaning his name for the pnrjH-se of mak ing the entry." In the case of,l'nited Stated vs. Detroit Timlier A Lumber comp any circuit court, W. 1)., Arkan sas, July 31, 1(103; l'J4 Fed. Kep., 'W3J, suit to cancel patents to lands entered under the timber and stone act, it was held "The rule that one who alleges fraud must prove it by satisfactory evidence, which is more than a bare pre ponderance and sufficient to over come the presumption of fact in favor of the honesty of the trans action, applies as well to suits in equity as to actions at law, and with esiecial force to suits by the United States to cancel intents to land's which have been issued in conformity to the prescrilx'd rules in regulations of the land depart ment. "The fact that a lumber comp any lent money without security to persons to enable them to enter and pay for land under the timber and stone act, in the expectation that when the entrymen obtained title it would be enabled to buy the timlier from' such lands by reason of the fact that it had the only mill in the vicinity, does not render the entries invalid for fraud, where there was no agree ment for the sale prior to entries, hut each man was free to keep the tinioer or to sell it to others; nor are such entries invalid as m ule on 'sieculation,' because the per sons making thein did so with the intention of selling the timber for their own benefit. The opinion of the learned judge it a very exhausting one and goes at length into the merits of the ca.-e, and referring to the decision of (he supreme court in the case of United States vs. Itudd he states: "That language is just as applic able to this care as it was to the iiudd case. Moreover, in the Iiudd case it was shown by positive proof than Montgomery had promised at least one entrynian in advance of the entry that he would pay him a bonus of f 1 25 and all costs and expenses if he would enter a tract of land and conveyit to him. N'o such fact is dcvelojied in this fate, but the court said in that eir-e that fact in itself was not suf ficient to show that the land in controversy in the Iiudd case had been obtained in the same way in the face of positive testimony to the contrary. In the Itudd case neither one of the defendants ap peared as a witness, nor did the notary who took the acknowledge ment of Build's deed to Montgom ery, nor did White or Rockwell, the two t.itncsses to the applica- lion for puiehase of the land. In the caj-e at bar every person inter- cstcd, except perhaps two or three of the entrymen, who could not In- found, have testified positively ami emphatically that every al legation of fraud in the bill of -nimuatnt is untrue." Th court in making a resume of the case states as follows: "There an- many circumstance in ."on - noction with the transaction w jut c n are suspicion m their nature and tend to ere ate the belief that th Martin Alexander Lumber company tin- ilerstoinl, were jntislieil, felt sure that the lands would ultimately come into their possession have no doubt in my own mind from all the facts, that it did so belieie, and 4f it bad not so lieved that it would not have ad vanced the money to the entry men in order that they might en ter the hind. As. intelligent busi ness men, Martin and Alexander knew that at that time there was no one else who could cut and use the timber but themselves; they knew that the lands were not homesteads, nor susceptible of be ing made homesteads; they knew that when the patents were issued the lands wen not exempt from execution; they knew if necessary they could sue upon the notes and recover judgment and sell the land; they knew it was lo the interest of the men w ho had entered them to sell the timlier, and they knew that in making the entry the ob ject of the parties was to sell the timlier, because the laud was not fit for cultivation; they knew that the entrymen exeeted to get more for the timber than the land was worth, because CoH.'land (an em ploye of the Martin-Alexander Lumber company) had told the entrymen who were nearly all ein- ..( 1 I. .. 1 I .J lainoiint ot tinilH-r was on the land and what could be gotten for it at that time, and that more could I realized from the timlier than it would take to enter the land: that their company could afford to pay more for the timber, because their mill was already located in clos proximity to it than any othir mill; they knew aho that the per sons to whom they bad loaned the money were honest men, that they had no resources out of whicl to tay back the liorrowed money; they knew, therefore, that in all probability they would ultimately get the timber, and that they could purchase it without any fair coniK-tition with others. "Assuming all these things to be true, and that their motive for lending the money and assisting in making the entries was with the boie of ultimately getting the timber, which one of these acts is either violative of the letter or spirit of the timber and stone act? This precise question was before the supreme court of the United Slates ill United States vs. Build 141 U. S. 154, in which case Judge Brewer delivering the opin ion of the court, quoting from the opinion ol .Mr. Justice Miller in the Maxwell land grant case 121 U. S., 3H11, laid down the follow ing rule: Here comes a quotation from that decision." The court further says: "The facts in this case are not stronger in favor of the government than they were in the Budd case; indeed, in the opinion of the court, they were not so strong, in unit case Mr. Justice Brewer said, in refer ring to the lands purchased by Montgomery: "It simply shows that Mont gomery wanted to purchase a large body of timber lands, and di.l pur chase them. This was perfectly legitimate and implies or suggests no wrong. The act does not in any respect limit the dominion which the purchaser has over the land after its purchase from the government or restrict in the slightest his tower of alienation. All that it denounces is a prior agreement; the acting for another in the purchase," etc. The attention of the readers is also called to the decbion of the uniteit Mates court ot appeals in Hoover vs. Sailing, 110 Federal Rcporlcr,15. All that is to be considered in timber and stone entries is that such entries are made in good faith for the own exclusive use' and bene fit of the entrynian; that there ex isted no collii-ion, prior agree ment or contract lij which the en try should go in whole or in part to the benefit of any1 other person than the entrynian, and, in other words, that the entrynian had made the entry for himself, and not ,19 .,r(,xy, a tool for some one else. .& r I j j iflj WASHINGTON LI PL; INSURANCE CO. OP NKW YORK. CtAV A. SIMPSON. . M'l'r Interior 0pt, Has tho imtOHt iieriitMituwfr ol cash Hijjts to oat h (toMar if lia bility ; eiinia thu (h. tit av -iano Interest, mid !h:m.- tlu m nt up-to-date prOKlVH-uvi; fKiU(0;i 1 )!' Hi vest aiu nt or y:'o?e;ti -n. C. K. McDowell, Prop. Thunnifajlily ItnmvHtcil it ml Kt1 furiiicln'il Tliroiihuiit. American riar.. Hales $1, and 'l per day. Awnmmxltiliniii mo l'niiiriii(M'(l in the city. 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