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About Crook County journal. (Prineville, Or.) 189?-1921 | View Entire Issue (Feb. 28, 1907)
f Crook Comely Journal. PRINEVILLE, CROOK COUNTY, OREGON, FEBRUARY 28, 1907. VOL XI NO. 11 U Jl.JUJkJCJWjhJl.JLJkiW JbJLJkJbkJL Jw JlJ jLi J JCJU Jl JV Jfc. JUJLJL J ii. r.i W'J r i i. J r i Li r .j r i L J r..i L'J r.i u r i j r..i t j 1 1 Li ri L J r.i L J r i n L. J r .1 r.i LJ M I J r.i LU r.n L J ri L, J r i L'J r.i L J ri LJ ri i. j r.i LJ r.i LJ r 1 LJ ri LJ r.i LJ ri LJ r.i L'J ri LJ r.i L'J r.i LJ r.i LJ r,.i L'J r i LJ r.i L'J ri LJ r.i LJ r.i Yi L J r i LJ r i L J r.i l J r.i L'J r.i L'J r.i L J EJ H r i LJ r.i L'J rr.i L J Mail Orders Promptly Filled Send your name and Get Premium Book FREE BY MAIL POSITIVELY Not After March 2nd But Until Then You Can Get The Following: All Heavy Outing Flannels, regular l'2Jc to Ladies' Fine Finished Union Suits, regular 15c value, now 9Jc 12.00 values, now $1.57 Pleishers Shetland Khws, regular 10c value Men's Fine 8usenders, regular 35c values now. , . 7Jc now 19c Ladle.' Regular 13.75 Dress Skirts, special Men's Hand Finished SuHH nden, regular 75c w $2.55 values, now 46c Ladies' Regular I.VM) Drew Skirts, special Mt.V Fine Dress Pants, regular 15.00 values '" l 4'69 now $325 Li Jim Regular 17.50 Dress Skirts, ecial ..... , ,enn i .ft Men Heavy OvercoaU, regular $15.00 values now at $D.4S Q 9? now Ladies' Fino Finished Union Suit", regular 1.00 value, now 69c W Fine Suits, 4 year to 8 years, regular $3.50 value, now $229 Ladies' Fine Finished Union Suits, regular $1.50 values, now $122 Child's Nazareth Waists, now.' 21c These are but a few of the many hundreds of specialties to be found at C. W. ELKINS MAIN STREET, PRINEVILLE, OREGON mrirnrrrpfir nerrnr nrrrirTir!iripir,"rir?iririrrr rirnnnrirnrn LJLJLaLJLJLJLJLJLJL'JLJLjLJLJLJtJLllLJLJLjLJkbiLJLJLJLJLJl.Jl.JLJLJLliLJ LJLUL'JUU' L J r.i L J ri L J ri LJ ri L J r,.i L J r.i L J ri L J ri LJ ri LJ ri L J M L J r.i L J r.i LJ r.i LJ r.i L J ri L J r.i LJ C3 LJ C-1 LJ r.i L J ri LJ r.i it ri L J ri LJ r .a L J r i L J r..i L J r.i L J r.i L J ri LJ r.i L J r.i L J r.i L J r.i L J r.i LJ r.i LJ r.i LJ r.i LJ r.i L J ri L J ri L J r.i LJ r.i LJ r.i LJ ri L J r.i LJ r.i LJ r.i LJ r.a LJ r.i L'J r.i LJ r.i L J r.i LJ r.,i l'j r.i LJ r.i L'J RESERVE GRAZING To Pay or Not, to Pay the Question. AUTHORITIES DIFFER Senator Fulton Studs Pat Court Decisions on the Matter Conflicting. We arc now conducting a general Clearance Sale, great reduct ions are being made on all of our lines of Dry Goods, Ladies' and Gent's Furnishings, Notions, etc. The following prices on shoes will be maintained until the arrival of our New Spring Stock. 4 $2.25 Ladies' Shoes or $1.50 $2 75 Ladies' Shoes for 1.65 $3.00 Ladies' Shoes for 1.75 $3.25 Ladies' Shoes for 1.85 $3.50 Ladies' Shoes for 2.00 $4.25 Ladies' Shoes for 2.50 $4.50 Ladies' Shoe for 2.65 $5 00 Ladies' Shoes for 2.75 50c Misses' and Children's Shoes for 25c 90o Misses' and Children's Shoes for 60c $1.00 Misses' and Children's Shoes for 60c $1.50 Misses, and Children's Shoes for 85c $2.00 Misses' and Children's Shoes for $1.10 $2.25 Misses' and Children's Shoes for $125 $2 50 Misses' and Children's Shoes for $1.50 $2.75 Misses' and Children's Shoes for $1.65 14 14 14 14 14 14 CLAYPOOL BROS. S PRINEVILLE, OREGON svii; mQFoy Poultry ohaniko uarehouse Co. ft i Shciniko, Oregon General Storage, Forwarding AND Commission Merchants 'Dealers in Blacksmith Coal, Flour, Barbed Wire, NailB, Cement, Lime, Coal Oil, Plaster, Sulphur, Wool and Grain, Sucks and Twine, Grain and Feed. Agents for Wasco Warehouse Milling Co's. "White River" and "Dalles Patent" Flour. Highest price paid for Hides and Pelts. Special Attention is paid to Baling for Eastern Shipments. Wool Grading and Stock Yards with all the latest and best facilities for Handling Stock. 77 ark 2our Soods in Care of "S.Tl.Co." ed his powers as an administrative lation to details necessary to carry officer or not, It is the contention out the purpose of the act." of many that he has usurped legit- In an opinion given by John K. live functions in carrying out! Richards, solicitor-general of the the provisions of an act of congress I United States, and approved by We have thirty Bro. Leghorn hens which we are mating with Single-Comb Burt Orpington males; the latter pur elmsed from Harris Poultry Co., Clay Center, Neb. We will sell (Ve setting (14 eggs) for tl.00. Orders tilled in ro tation. FRANK FOREST, 2-21-lm Prineville, Or. Thoroughbred Poland China Boar For Service. Black Langshans, Stock and Eggs for sale. . E. C. PARK, Redmond, Oregon. Department of the Interior, Notice for Publication. Land Office, at Tbe Dalles, Oregon, January 24. 11)07. Notice is hereby iriven that l'erry Walter Newbill, of Uriizly, Oregon, has tiled no tice of Ins Intention to make timil comma tntion tmiof in support of his claim, vis tiometieati untry no. i4sio nituie boy, k, 11)05, for the dK 8Wi, SWtf 8E of Section 82, Tp. 12 South, Range 15 K., Lot 2 tml 8 WW NEW of Sections, Township l.S South, Range 15 K..W.M., and that said proof will be made before the County Clerk, at Prineville, Oregon, on March 8th, 11)07. He names the following witnesses to prove his continuous residence upon, and cultivation of the land, via: Henrv Montgomery, P. Chitwood Joseph Smith, Jumes M. Henkle, all of Grisxly, Oregon. Michakl T, Nolan, l-31p Register, A great deal of interest is being taken by tbe stockmen of Crook county in the Kition taken by Senator Fulton on the question of forest grazing. In a letter to J. D. Combs of John Day, Or., tbe sena tor says: Washington, D. C, Feb. 4, 1907. Mr. J. D Combs, John Day, Ore gon. My Dear Mr. Coml: I have your letter of tbe 28th ult. , as you probably are aware, have been opposed to the management of the forest reserves in the man ner it is being conducted and have tried to get some backing from tbe stock organizations. But every time Mr. Pinchot goes out and meets the stockgrowers they seem to endorse bis plans, riow, had there been tbe right sort of a cam paign made by the stockmen against charging for pasturage in the forest reserves, that policy would have been defeated. I went out against it at once, but could not get the stockmen to back me up. However, it may be that this policv serves their interests tbe best. Now, so far as the forestry of ficials not permitting you to turn your stock out or to enter upon the forest reserve before June, or any other time, is concerned, that is all nonsense. There is no law against turning stock on tbe re serves at any time. The only thing they could do would be to drive them off. If I were living right adjacent to a reserve, should not hesitate to turn my cattle out at any time and let them go on the reserve, and if they should go on the reserve, it ould be no offense against the law. In other words, there is no law making it a crime for cattle to be turned out in the vicinity of, or indeed to be driven upon a forest reserve. If any official tells you that he will have you arrested if your stock is turned out or goes upon the reserve, I wish you would give me his name and position. He is simply telling you a false hood and probably knows it. You tell people that they need have no fear at all about turning their stock out, that there is no law against it, even though the stock do go upon the reserves. Of course the forest rangers can drive the stock off the reserve, but that is all they can do. They cannot arrest the stock, impound them, or charge the owner anything because of their being upon the reserve. All they can do is to drive them off. Sincerely yours, C. W. Fulton. Before acting on the senator's suggestions we would advise those running cattle and sheep to send for "The Use Book" issued by the Department of Agriculture. It contains regulations and instruo tions for the use of the national forest reserves, and may be had for the asking by applying to For est Supervisor Ireland at Prine ville. From this book you may learn just what to expect if you violate any of the rules laid down by the Secretary of Agriculture for the instructions to forest officers are made very specific. You will also find the court decisions given in cases where violaters of these rules were punished and where the cases were taken to the courts for final adjudication. It is true that the Supreme court of the United States has not passed on the mat' ter and until it does there will al ways be doubts expressed as to whether the Secretary has exceed for tbe protection of our forest re serves. But unless yon bave the money to fight the question through the courts it is the part of wisdom to comply with the rules. Senator Fulton's contention that "so far as the forestry officials not permitting yon to torn your stock out or to enter upon tbe forest re serve before June, or any other time, is concerned, that is all non sense, ibere is no law against turning stock on tbe reserves at any time. The only thing tbey could do would be to drive them off. If I were living right ad jacent to a reserve, I should not hesitate to turn my cattle out on the reserve, and if they should go on the reserve it would be no of fense against the law. In other words, there is no law making it a crime for cattle to be turned out in the vicinity of, or indeed to be driven upon a forest reserve." The senator is right when be says that there is no "law" regard ing these matters, but instead of law you have "rules'' that have the force of law and are just as binding until the Supreme court of the land declares otherwise. If anyone should attemp to carry out the purport of the senator's letter be would bump up against "Regula tion 50" of tbe reserve rules which says "That persons owning cattle and horses which regularly graze on ranges located along the bound ary line and only partially in cluded within a foreet reserve may be granted permits for such portion of their stock as the circumstances appear to justify, but may be re quired TO HERD OR SO HANDLE THEIR STOCK AS TO PREVENT TRESPASSING by that portion for which a permit is not granted, and to sign a supple mental agreement to that effect." Now, the above rule is intended to cover a case where the owner of stock got a permit for only a por tion of his herd as the overcrowded condition of the range in that par ticular locality would not permit of the whole band going on the re serve. The owner would be re quired to split his flock and herd off that portion not covered by the permit. If he did not the instruc tions to the forest officer direct bim follows: "Persons who allow John W. Greggs, attorney-genera) of the United States, handed down November 17, 1898, in reference to the Secretary's power to make said regulations says that "by this law the control of the occupancy and use of these reservations is handed over to the Secretary for the pur pose of preserving the forests there on, and any occupancy or use in violation of the rules and regula tions adopted by him is made punishable criminally." Thus far the Secretary has the best of it in the courts and before any stockman undertakes to trans gress the rules let him have a well- filled purse for you can depend up on the forest officers carrying out their instructions. Demands of Settlers Satisfied. TIRIBERMEN PLEASED Redmond Items. THE ORDER MODIFIED No Special Examination Necessary Except Under Suspicious Crcnmstances. as their' stock to drift and graze on the forest reserves without a per mit, whether they do so intention ally or otherwise, will be regarded as trespassers and will lose all right to privileges of any kind under sale or permit upon forest reserves. Any person who with out a permit intentionally drives stock not under permit or allows it to drift on a forest reserve will be liable to prosecution for trespass and suit for damages." From the foregoing it is very plain that a man must either get a permit or keep off the reservation, otherwise he will find himself a defendant in a suit with the United States government. If he fought the case through the lower courts he would still have to over throw the decision of the United States Circuit Court of Appeals. In the case of Dastervignes et al. vs. United States. Circuit Court of Appeals, Ninth Circuit. March 2, 1903. (122 Fed. Rep. 30) Con stitutional law. the delegation of legislative power and thevalidity of the act authorizing regulations for forest reservations were brought in question. The decision of the court was that "the provisions of the sundry civil appropriation act of June 4, 1897, relating to forest reservations which authorizes the Secretary of Agriculture to 'make such rules and regulation and to establish such service as will in sure the objects of such reserva tions, namely, to regulate their oc cupancy and use and to preserve the forests thereon from destruc tion,' and which itself prescribes the penalty for violation of such regulations, is not unconstitutional as delegating legislative power to an administrative officer, but is valid delegation of power to make administrative regulations in re Redmond, Ore, Feb. 25, 1907. Carl N. Ebret, secretary of Red mond Cemetery Association, an nounces tnat the association is ready to receive the subscriptions that were pledged some time since and that the money is needed to meet bills for clearing, fencing, and other expenses. Seed for tbe garden huckleberry which attracted so much attention at the fair last fall can be procur ed of tbe John A. Salzer Seed Com pany, La Crosse, Wisconsin, at 10 cents a package. Mr. McClay, who raised those on exhibition, says that the roots are still alive in that case it seems to be neces sary to plant only once. Mrs. O. H. Long is repoted as being sick. Mrs. Reed is much better than at writing time last week. Friend Shattuck of Powell Buttes, stopped in town Friday on his way home from BendJ Traveling men can get in all the way from Portland, as was the case Saturday, but it takes your Uncle Samuel a long time to get letters here from the outside world. Mr. Simons is all torn up and packed and ready to move, but does not know whether to go to Madras or Sbaniko. He has a po sition with the B. M. S. Stage Company. In addition to discussions of general interest to farmers to be given at tbe next meeting of the Settlers' Association, there will be an election of members of the board of directors for the Red mond Fair for the ensuing year. Turn out now, settlers, and begin boosting for the biggest fair ever held in Crook county. B. A. Kendall reports that rela tives started from Worth Dakota on January 15 and are probably at The Dalles awaiting the resump tion of intercourse between the in ner and outer worlds. Mr. Stanley of the D. I. & P. Co., is expected in before long. It is hoped to have a called meeting of the Settlers' Association while he is here to discuss topics of mutual interest. Mr. Landes had a horse quite badly injured in a wire fence last week. New phones have been put in at Redmond lately. Yours truly, J. U. Park. Nolan Removed. News was received in this city on Monday last that Micnaei 1, Nolan, Register of the Land Office, had been removed from onice by tbe President, the advice came from the Commissioner of the General Land Office to Miss Anne M. Lang, Receiver of the office, an nouncing Mr. Nolan's removal, and that he had been instructed to turn over all government property in his possession to her. Thus the office of register is vacant until an appointment is made. Upon in quiry at the Land Office, Miss Lang declines to discuss the mat ter of Mr. Nolan's removal, but said that all business requiring the action of both officers must await the filling of the vacancy; and while the office! is kept open for the purpose of furnishing general information, no action can be taken upon applications to contest or enter lands. Applications oi these two classes and all other ap plications requiring joint action of both officers which may be present ed during vacancy will be receiv ed, the time of presentation noted thereon, and upon the resumption will be disposed of in their order Up to last night Mr. Nolan, who has been absent from the city since Saturday, had not returned. The Dalles Optimist (Oregonian Feb. 15.) Senator Fulton today received from the President a copy of an or der which be had just issued, virtually revoking the order of Secretary Hitchcock suspending all public land entries until they can be examined on the ground by special agents. The President has so amended the order of Mr. Hitch cock that homestead and timber enteries may now pass to patent when the entrymen have complied with the law and submitted proof thereof, no examination being necessary. In fact, the President's order requires examination by special agents only when there is something suspicious about an en try which might indicate fraud, or where a homesteader is seeking to commute. This modification is in line with the suggestion made to the Presi dent by Mr. Fulton earlier in the week, and entirely removes the ob jections 'that have come from homesteaders and timber entry men in Oregon. Tbe President's order states that no examination by a special agent shall be required in the following classes of entries: 1 Final five year homestead entries heretofore made, where proof is satisfactory and complete. 2 Final certificates and receipts in final five-year homestead proofs heretofore or hereafter made, when proof is satisfactory and complete. 3 Homestead entries commut ed on ceded inland lands on which annual payments are required. 4 Entries where the claimants' compliance with the law has been established by contest or other regular adverse proceedings. 5 Entries comfirmed which may have been confirmed by virtne of any act of Congress. 6 Selections and entries in which no residence or improve ment is required by law when land embraced therein is. situated in nonmineral localities as shown by records of the Geological Survey, when the character has been fixed by investigation and classification made in accordance with law. 7 Reissuance of patents because of some clerical error occurring in patents heretofore issued. 8 Military bounty land war rants and other similar warrants when request for proof has been made. Tbe only possibility of a holdup of timber entries pending by special agent would be where tim ber lands are situated in "mineral localities", referred to in section 6 above. Mr. Fulton is entirely satisfied witn tne modined oraer and re lieves it will meet every demand of settlers in Oregon, The Royal Insurance Co., of Liver pool, England, enjoys the dlstictlon of being listed among the companies there were but six of them which settled claims In the San Francisco conflagration at 100 cents on the dollar as adjusted. Assets over sixty Million and an annual income of more than fifteen million. It pays to insure wnere you Know your losses will be paid. The Royal gives such Insurance; J. E. Stewart & Co., are their Prineville agents. 2-7tf When In Prineville don't forget to call at the Cash Grocery for all (rood things to eat, at bed rock prices. Millinery goods at actual cost until spring stock arrives. T. F. McCallistkk. J. E. Stewart & Co., have a few Buggies and Hacks left on which they are making very low prices.