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. Humiilt- Hutnim for
Cnniniercml Triivuli'i,
Long Distance Tcli-phone H' -t tn
in the h?jiirtt).
J. W. BOONE
FOR
J'ino Stock Saddles
Homestead
Locations
Timber
Desert L a n d.'s
ROBT. SMITH,
. ... . s
Vi
AM
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ltd Priocvillci
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The Unwrapping of Wrapped
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Ladies Mackintoshes
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CARPETS, STOVES, PAINTS and OILS
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NKW AM) NoBliY