f
Crook
Comely
Journal.
PRINEVILLE, CROOK COUNTY, OREGON, FEBRUARY 28, 1907.
VOL XI
NO. 11
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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
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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
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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.