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Crook County .Journal
COUNTY OFFICIAL PAPER, $1.50 YEAR PRINEVILLE, CROOK COUNTY, OREGON, THURSDAY, AUG. 1, 1912.
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OrtgoUt MtcoDd-ciaJMi matter
VOL.XVI-NO.3C
Secretary Fisher Interprets the
Application of New Homestead Law
Washington, July 25. Every
homestead entry man who made
hii initial Ming prior to June ft,
liU2. unJ who liiid not submitted
final roof prior to thut date, will
bo expected to complete hi proof
under tho throe your homestead
law unless, by October 4. next,
be Dies with the loeel land ofliee
a statement to the effect that bo
wishes to complete proof under
tho old law which his tiling was
mude. Thin, in brief. i the in
terpretation which Secretary
Fisher places um the now law,
and he holds that under the lang
uage of the act, such interpre
tation la mandatory, and no din
crellon is ivon him.
Senator Boruh, of Idaho, re
cently wrote the Secretary ask
ing as to the consequences which
will follow tho failure of an entry
nun who bad made entry prior
to June 6 to elect to make proof
under tho old law, and inquiring
whether he might not proceed to
prove up under tho old law, If he
Hhould have complied with the
terms of that law at the tiaie of
offering proof. In reply, Secre
tary FUlier quoted a provision of
the three year taw, Inserted when
tho bill was In conference, which
stipulates that entrymcn who In
itiated their homesteads under the
the old law, "by giving notice
within 120 days after the passage
of this act, elect to make proof
upon his entry under the law
under which the same was made
without regard to the provisions
of this act."
In bis letter to Senator Borah
Secretary Fisher says:
"At the time this legislation
was under consideration, and
during the conference on the bill
I expressed the opinion that leg
islation along the lines proposed
in my lRt annual report would
be more advautagoous to the
new law should not be made ap
plicable to existing entries ex
cent unon the election of tho
hoinesteador. The bill was mod
Ifled to meet certain of my sug
gesttons, in some'of which you
concurred, but it was apparently
thought by thoso entrusted with
tho framing of tho legislation that
the advantages bestowed upon
the homesteader under the now
law were such that, it would bo
greatly to the interest of all entry
men to accept Its provisions
Because thereof the department
was directed to send a copy of
tho act to each homosteader (as
has been done) and It was ex
plicitly provided that a limited
privilege should bo acordeu to a
previous entryman to elect to
have entry taken t out of the
operation of the new law.
"It seems to bo plain under
this legislation that tho failure
of tho entrymen to elect, where
the notice was mailed, subjocts
his entry to adjudication under
the new law without respect to
the reason that influenced him
or caused his failure to elect to
have his untry adjudicated under
the old law.
"I think, however, tho provis
ion of tho new law which vests
the Secretary of the Interior wit h
the power, upon a satisfactory
showing under rules and regula
tions p'rescribed by him, to re
duce tho required area of culti
vation, will permit the depart
mentto prevent any undue hard
ship and to bring abont a sub
stantially uniform administration
of the two statutes. Tho new
law in reducing the period of r 8
idenca requlrd, has at the tame
time attempted to establish cer
ttin safeguards to Insure bona
fide and progressive cultivation.
"The requirement Is that 'the
cntrymon shall, In order to com
ply with the requirements of
cultivation herein provided for,
cultivate not less titan one six
t tenth of the area of bis entry,
beginning with the second year,
and not less than one eighth, be
ginning with the third year of tho
entry, and until tinal proof.'
The old law required with res
pect to each entry proof of 'cul
tivating the same for the
term of five years immediately
succeeding the time of tiling the
aflldavit.' Tho words 'the same'
can refer only to the entry, and
if strictly construed would re
quire the cultivation of the entire
tract entered for tho entire- per
iod of tho five years. Suet a
construction, however, would
have been, in my judgment un
reasonable, and tho language of
tho act has properly been liber
alized In its construction by the
General Land Oftlco by holding
that tho cultivation intended to
be required was only such culti
vation as husband like methods
and tho circumstances of the
case reasonably justified and per
mitted. It would have been a
liberal construction of the old
law to have established the gen-.
erul rule for which the new law
provides that of requiring the
cultivation of ai least one sixteen
th of the area during the second
year after entry, and at least one
eighth during the third year after
entry.
"The authority to require
more than this amount, where
the circumstances clearly justifi
ed such a requirement as evid
ence of good faith and bona fide
homosteading, and upon tho other
bund, the authority to accept a
lesser area of cultivation under
general rules and regulations,
enables the Department to pro
tect public interest and at the
same time secure the flexibility
essential to wise admintratlon.
I believe that an even larger area
could wisely have been required
as a general rule, provided a re
duction could have been permit-
ed, wherever the ciscu instances
justified.
"It is true that it an entryman
under the old law is to bo gov
erned by tho provisions of tho
new law ho would bo required to
make proof that ho has cultivated
one-sixteenth of his entry during
News Snapshots
Of (he Week
( its J( MW K WBm&l"Jhl
W "Vry t k ;u iifivv ;.- .Lis .ivy ul;l -j
pay. Members of he board are: 1, Daniel Wlllard; 2, O. M. EldliU; 8, Dr. Albert Shaw; 4, P. H. Morrissey; 5, O. K. Van Hise; 6, Oscar S. Straus, chair
man! T, Frederick N. Judson. The board Is meeting at Manhattan Beach, New York. Many engineers have been called as witnesses and have told of long
hours of duty at pay thoy consider Inadequate eongMering the risk and responsibility. , : r
the second year and one-eighth
during the third year and each
suceiding year, unless a reduct
ion Is authorized by general rules
and regulations prescribed by the
Secretary of the Interior. I be
lievo, however, that In adjusting
the new law to tho existing con
ditions, It Is entirely proper for
the Socretary of tho Interior to
prescribe rules and regulations
under which the substance of the
new requirements will be obtain
ed, withonl Insisting upon literal
compliance with those require
ments as to the perclse years of
tho homestead period, during
which the cultivation was made.
In other words, I can, by regul
ation, reduce the amount of culti
vation for the second or third, or
any other year or years, requir
ing no specitlo cultivation there
in, where the proof shows good
faith and that the requiring cul
tivation has In fact been perform
ed, although not In the second or
third years of the homestead
period.
' Entries made under tho new
law should as a general rule, be
held to a bona fide compliance
with its requirements, both as to
the amount aud time of cultiva
tion; but In view of tbo impract
icability of applying the time re
quirements to entries made un
der the old law, I believe it is
proper to establish a rule and re
gulation that will secure the es
sential feature of substantial cul
tivation. This would be secured
whero the old entryman has cul
tivated one-sixteenth of his entry
during one year and one-eighth
of bis entry during the next and
succeeding years, even though the
one sixteeuth was not cultivated
during the second year after his
entry was made.
"I do not feel warranted inj
passing an entry to patent upon
oue year's cultivation. Therefore
the mere fact that a showing is
made of cultivation of one
eighth of the land at the time of
proof will not in itself be suffi
cient. I havo accordingly pre
scribed the following rule to gov
ern action on proof when the
homestead entry was made, prior
to Juno ft, 1912, but, through fail
ure of election, must be adjudica
ted under tho new law..
"Respecting cultivation nec
essary to be shown upon such an
entry, in all cases where upon
considering the whole record, the
good raith or the entryman ap
pears, the proof will bo accept
able if 't shows cultivation of at
least ono-sixteenth for one year
and of least one eighth for the
next year and each succeeding
year until final proof, without re
gards to tho particular year of the
homestead period, in which the
The battleship New Hampshire went Into drydock in New lork for repairs after being rnmiued by steamboat Carml Thomp
son succeeded Charles D. Hllles as secretary to the president Illinois authorities inrestigated Chicago and Alton wreck near
Chicago, In which thirteen were killed. Lieutenant Becker of the New York police was accused of being partner of Herman
Rosenthal, the gambler who was assassinated. Arbitration board began hearings on demand of railroad engineers for more
cultivation of the one-sixteenth
was performed.'
"I beliovo it will bo possible,"
says the Secretary in conclusion,
"to find proper methods of pro
tecting all meritorious cases. If
your intention is directed to any
instances in which this is not be
ing accomplished, I will be great
ly obliged if you will inform me."
Central Oregon Has .
Wonderful Possibilities
"There are few waste acres in
Central Oregon, and instead of
the posi-ible wheat yield of that
region being placed at 45,000,000
bushels in the' coming years, I
forecast fully 100,000,000 bush
els," said Phil S. Bates, editor of
the Pacific Northwest, an agricul
tural paper of Portland, follow
ing his return from a 2000 mile
journey coveting 18 days, in the
country beyond the Cascades.
"I have been over that country
on different routes," said Bates.
"I have read many reports of
its possibilities. But not until
seeing tho country where the
new homesteader is producing,
with the crops ready for harvest
and appreciating that tens of
thousands of acres of this land
was recently prononnced hopeless
desert, could I realize what the
future of the country really is.'
"This country has wonderful
possibilities. To the inexper
ienced man. It at first appears im
possible. But when you havo
once crossed a basin which had
nothing but jackrabbits and coy
otes as representatives of life,
and return a few years later to
find scores of homesteads scat
tered about it, and on these
homesteads good crops being
made, the inexperienced man
must change his views. That is
what is happening. Thatcountry
is settling. Every man who goes
and makes any effort to under
stand the game, is winning.
Most all tho southern and con
tra! district have from 10 to 20
inches of precipitation. As any
man knows who has followed toe
progress of dry farming, any av
erage farmer can make a crop
with nine or ten inches of. water.
They are doing it in Montana,
and they are doing it in Central
Oregon. Of course a man can
not do this without using some
sense, and applying well known
dry farming principles. But the
farmer desiring to learn will fiud
it easy to acquire this knowlege.
"I saw on this trip out in what
has for years been known as the
desert country, farmers that had
wheat - yields for this season
reaching 15 to 20 bushels an
acre. This is' a good year for
New Clifton & Ccrnett Building
Men and teams are now at work
excavating for the foundation of
the new Clifton & Cornett building,
corner Main and Fourth streets.
The structure will be of concrete,
two stories high, with a frontage of
38 feet on Main street by 100 feet
on Fourth street. The Main street
front will be plate glass, with big,
roomy show windows for the dis
play of dry goods, ladies ware, etc.
The Fourth street side will have
ample plate glass windows to prop
erly display the different depart
ments of the store gents' furnish
ings, clothing, boots and shoes, gro
ceries, etc.
the dry country, but many of
these with such a showing have
not been compelled to adopt many
dry farming methods. There
will be few if any years out there
when good dry farming methods
will not bring forth wonderful
results.
"There is water in that country.
By irrigation alone, and going
outside the Deschutes basin,
more than 1,000.000 acres of land
can be cultivated. All that soil
as a rule is rich, and when water
ed, produces wonderful wheat
crops. If only half of this ad
ditional 1,000.000 acres beyond
the Deschutes basin is sown to
this cereal this year, the average
yield should be 15.000,000 bush
els a year. By using to better
advantage water now on land of
that country, and when the farm
ers have a masket for wheat, 10,
000,000 bushels more than is now
turned out is possible from land
now irrigated.
"Then take the dry farming
possibilities. A volcanic ash soil
is found practically everywhere.
How much of the vast untouched
area can be cultivated is hard to
estimate, but when the people
need food and are willing to work
for it, there can be no deubt that
the population of that region,
which is now almost too swall to
count, will multiply amazingly.
Professor Shaw, tho Hill head of
the experiment station work,
said after a visit through the
country wo traversed, that 100,
000,000 bushels of wheat a year
for Central Oregon was not a high
estimate. I heartliy believe it.
Dry farming will accomplish won
ders there If you will go into
that great Christmas Lake and
Fort Rock basin, where for years
the road led for miles through a
beautiful, level tract, and see the
homestead shacks now being
reared, and see what these first
To be Ready by January 1
The store will be equipped vUk
every modern convenience fcir the
display of goods and the comfort C
patrons. The cost will be mm
where between 10,000 and rjeiO
and will be ready for use about &m
first of the year.
The confidence and faith of these
gentlemen in the future of Prine
ville should inspire everyone to get
in and work for the advancement F
the town. We are the natural dis
tributing point for an immense'
scope of country. Our resource
are practically unlimited, and with
united effort Prineville should con
tinue so be the biggest and beat
town in ail this interior country.
homesteaders are proluctng,
your eyes will be opened, and I
think the 100.000,000 bushel esti
mate for tho wheat yield of the
future Oregon will be declared
fair.
On our tour1 through tHe
country I talked to the farm,
and found him remarkably wefi
contented. There are fatniUs
from the Willamette Valley aai
other parts of Oregon wbo ka
taken up land and are putting
into shape to make a for tan.
They get this land for the filing
fee, or pay but a few dollars ac
acre. The first year they taw
to do plowing aad prelimiaarf
work. The second year tilt Ut
land, aud perhaps sow rye or
l.ttle wheat. About the tfeird
vear they are in readiness te get
a good crop, and that is what
multitude of them are getting
this season. Portland Journal.
Good Roads Enthu
siasts Visit Prineville
Samuel Hill and C. P. Chamber
lain of Mayhill, Wash., and C XL
Babcock; of McMinnville, Oregon,
were a party of good roads enthusi
asts that passed through Prinevule
last Friday on their way lo the Pa
cific Highway Association, which
meets at San Fransisco August 5.
Mr. Hill is a son-in-law of tie
great railroad builder, and like him.
does things. Mr. Hill has rewJn
tionized road building in the state
of Washington. He had a big iil
on his hands, and he knew it. He
also knew that practical metbixMi
given a practical test would do more
to convert the farmer to his way of
thinking than anything he could A
or say ; sc he built seven milt nff
the finest roadway under .the .sbb
and presented it to the state E
Washington. Each mile is built t
different material, so that the wer
tear and cost of the upkeep of -different
kinds of road material is re
duced to a mathematical certainty.
Mr. Hill wants a Pacific higfrwsr
from the Columbia river at BigKSt
Old Mexico, he says. There wcuifi
be only thirty miles of heavy . con
struction work between Biggs smtf
Prineville, and the road would brs
open throughout the year. Tisie
would give Central Oregon the win
ter road to California, while thw
road west of the Cascades could be
used in summer. "In my address
before the Pacific highway Associa
tion I will call attention to the neai
of a Central Oregon highway."
Mr. Hill sent Governor West
plan for the building of a road tliaf.
he believes, if adopted, will mwoW
tionize the road construction 'meth
ods of this state. It is a survey ,f
a road to be built from Bigss te
Wasco, but the idea and plan con
trolling it can be applied to; any
other road in Oregon.
(Contluued on page 5)