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About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (Oct. 2, 1903)
U 0 Curry Orego City Enterprise. VOLUMK 30. NO. 40. OREGON CITY ENTERPRISE,. FRIDAY, OCTOBER 2, 1903. ESTABLISHED 1886. N JJOBERT A. MILLER ATTOKNI'.Y AT LAW liinil Title unci nnr1 Office I ItiMliicnn a Hpcclnlty Will practice in all Court of the State Room 3, VV'rliihuril Hhlg. o-'p. Court House, Oregon City, Oregon L. L.PUHTKK, ATTORNEY AT LAW ITSCTa Of fKurlUTt rURMIINIU. OTot nail to Oregon ('lit Ktitrirt. QKO. C. lUtovVNKI.I., ATTORNEY AT LAW Oregon City. Oregon Will prurlira In nil the courts of the alate. VltlC In t'aullidil t 1 lit 1 C- JJY STUM' Attohsky at Law. Jtintii'u ill the IVli'O. Jagger Wdg., 'begun Cl'y J I!. t'A M I'HKI.I., ATTOHSKY AT LAW, It. IX ('ITT. OaSUON. Will iiractlra III allthecuurliel the alate. 01- Ul, lu lallBold liUlllllMI. Q I). A U.O LATOl! KKI'II ATTORNEYS AND OOUSSKI.OKH AT LAW fcUIN TKT OHKIION CITY, OHKOO. f urnlab Abatrana of THI. Loan Money. Vora lou Morliaiaa. and Iranaael Uoucral Law liuilnraa mill ll'MMKHCUI. HAKK Of OUKIiON CJTT. cipltal, .... 100,010 TaimiTi a oixiaiL atniiaa irnxaii. ixMin mail. Mill" dlicotinted. Make "I- Uitni. Hut ami llaatnliauf od all point !m lh I'lillod Status, Kiiropa antl Hong Kouf. i . poalu rrl'l iub)'l to chcMk Haul B Irom A.M. Uti r. 1). C- LATOt'KITTR, PrelnM. F. J. MKYKH Cashier. () W. KARTHAM ArroHNKY AT LAW land Tilt" Examine!. Abstracts Mad, t'twds, Murigaiera Drawn. Money leaned nrrx a ova l ank ol Oregon City. OaauoH City. Oh. X, B- U'Rta 0. Bonaakal U'KKN it SCIIUK11EL Attorneys at Lnw. '.VUI jirartlca in all rotirts. make collection! ami aettlainenta of Ksiales. tarnish abstract of title, lend you nionry and leml your money on II ml imirgage. Office In Enterprise Building, Oregon City, Oregon. JOHN YOUNGER, JEWELER Near Huntley's DruK Store, 10RTY YEARS EXPERIENCE IN Ureat Britain and America. ; Curl A. I'atzlnfr ' Chan. M. Moehnke V COMPANY rl jHUMBER! 3 o co o oo: BUY THE mwt SEWING MACHINE To wt bo deceived ly tlioo who ad vertlwj a fHO.OO HewliiK Mni'hlno for I .U00. TIiIh kind of a machine run l9 bought from tin or any of our dctilera from $15.00 to $18.00. W MAKE A VAHICTY. THE NEW HOME IS THE BEST. The Feed defennlnea the Btrcngtli or ';ikneMH of Hewing Mitchliie. The liouble Foetl combined with other imig ki1iiIh iimkeH the Vcw Home U-u Ut Hewing Machine to buy. SACIRCOLARSSSS w v inanurui'turoand jirlo U'rorvpurrlumliiK THS REW HOME SEWINC MACHINE GO. oaanoc. Mass t'iilonHq. N. V., Chlcatro, III., Atlanta, (la., !. Luula,Mo., l)allaa,Tvi.,Hun KruncUoo, Cul ron at.t y C. 8. CRANE, 350 Morrison Btreet, Porttand, Oregon. : ADAMS BROS GOLDEN RULE BAZAAR Oregon City's Big Cash Store : I Si - WM. GARDNER & SON WATCHMAKERS A N D JEWELERS . . All work ivn our prompt ami can ful attention. , . . Trice b R e a h on a b 1 e Oregon City JVlaehine Shop BUCKLEIN & KLEINSHMIDT. Proprietors. General Machine Work of all kind done. and Pulley new anil second hand. Firnt Orders by Mail or Telephone promptly At rear of Pope' Hardware Store. Oregon Washington State Fair Victories , ON BARRED PLYMOUTH ROCKS On iron Mute Fair 11MI2 1-a-j on Cock Birds, 6 in Competition 1st on Hen, loin Competition 1-3 j on Pullets 40 in Competition anil on. . .Cockerel 21 in Competition 1st on pen, 11 in Competition 1st in American Class llavn won I at nil ptilleta the t 3 jreara. Stork fur aaln, egga lii iraiun, J. MURROW & SON, W For Fink Candiks, Nuts, E Fkpits, Etc., Call Ox the KOZY KANDY KITCHEN Brunswick House & Restaurant Newly Furnished Rooms. Meals at All Hours. Prices Reasonable. Opposite Suspension Bridge. Only First Class ReHtaurant In Town. FILES KU.7J HEAIXJUARTERS FOR Umbrellas LARCE STOCK RAIN COATS AND RUBBER BOOTS. Hta3 Court House Block ORECON CITY, ORE. Philip BicxLtis A. Kminbiimiot We carry in tock line of Shafting clang Engine and Saw mill machinery. filled. Oregon City, Oregon. YYiishlugton Slute Fair 11102 We only sent J pullets, I hen and I Cock and won on every entry but one besides specials, including best pen In the show. Prizes won jst Cock, 1st lien: 1st and and Pullet; 1st pen. Kihttdtlon Stock a specialty Some a run (I pullet for tale. K(gl 93.00 Oregon City. Oregon. a Finest Chocolate Creams A a-! IN THE UITY.ALSOUIC.ARS j AND TOHACCO. CHARLES CATTA, Proprietor SI W1UUOT m PILE OIWESI & 'b,TOe. IiiK and lulling IMIra. it almorba tbo tumors, allays the Hcblnn at onee, dives Instant relief. Krery box is warranted. Sold by drucglMi Sent 1'T mnll on receipt or price. 60 fonts and H 00 utr box. WILLIAM 3 KFQ. CO., Props., CleTalaad, Oiuo. For Sale at HUNTLEY'S CLAIMANT 18 LOSER Final Proof on Timber Lands Pructlcally linponsihle. Hecretury Hitchcock Olres Sew Inter pretation to "Speculation" crlp Holder Parorcd. The recent ruIiiiK made by Kecretary Ilitehcock, of the liepartnient of the In terior, revimnK and reKnlatiiiK the moile of prx:elure in the making of final proof on tim Iter land appllcatioiis, is sirnli cant and of far leachinK conseipience to Hie limlr in'.ereats of the state, but more particularly to the individual appli cants for the purchase of these lands. While the enforcement of the ruling has the apparent purpose of requiring com pliance witri the general land laws of ti e Koveruuient, a strict enforcement of Kecretary Hitchcock's instructions will practically accomplish the withdrawal of all government timber land from en try. Hince all government lands are intend ed for purchase by individuals (or their benefit and the development of the land, the recent decisive ruling by Secretary Hitchcock on this subject, practically closing these lands to entry and settle ment by disinteiested claimants, natu rally pre-supposes some plan for the dis posal of these lands other than that contemplated by the general land laws. A new interpretation to the term "speculation ' has been given by secre tary Hitchcock in connection with the timber and stone land act of 1878. It is held that any one who takes up a piece of limber land, expecting at any fu ture time to uiepose of the same at a consideration in advance of what the land actually cost, is a specu lator witldn the meaning of the law. Upon this disclosure, in connection with the examination of an applicant for the purchase of such land, the application is rejected and dismissed. Under this ruling by the department, the only persons who are permitted to purchase these land), are those who will swear that they own land in the vicinity of the timiier land, for the purchase of which they have made application, and that they desire the timber for personal use. The only person who can consci entiously swear that he needs the tim ber for his own use, is a rancher so far removed from a mill or place where lumber is sold, that he cannot boy sawed lumber. On the other band, if the ap plicant admits that he expects to manu facture the timber Into lumber and sell it at a profit, it is held that his purpose is speculation, which disqualifies him as a lawful Durchaser and excludes him from the benefits of the timber and stone land act. ' A strict construction of the depart ment's ruling makes it practically im possible for the applicant to make final proof on timber land, lor the purchase of which he has made application in reg ular form. If the applicant now gains title to timber land, in making final proof he must either perjure himself and disclose his roguish designs or he must reveal a pitiable mental condition. It is not believod that the purpose of the law contemplates the placing of the ap plicant in either of these positions. Under the old procedure, the only questions asked of the applicant were those touching on his nativity and resi dence in this country, the nature and probable value of the lands represented in the application and the declaration that he had not sold or transferred bis claim to the land after making a state ment, that he bad not, directly or indi rectly, made any contract or agreement, in any way or manner, with any person whomsoever, by which the title he might acquire from the government of the United States might inure, in whole or in part, to the benefit of any person except himself ; that the entry is made in good faitb'for the appropriation of the land to his own use, and not for the use and benefit of any other person ; that no other person, firm or corporation has any interest in the claim or the timber on the land noon which he had made application. The usual form of cross examination of the applicant by the reg ister and receiver of the local land office included questions as to residence, occu pation, circumstances under which the claim was tiled upon, and whether or not the applicant furnished, unaided, from his own earnings, the money that was required to meet the expenses of filing on the land. The witness for the claimant is also cross examined by the land officials as to his acquaintance with the person making the tiling; what he knows of the financial condition of the applicant, and further if he knows from his own knowledge whether or not the applicant has enough money of his own to pay tor the land without mortgaging it. Formerly this was the extent of the examination of the applicant and bis witness. But nnder the present programme the applicant is taken in charge by a special inspector as soon as the regular lorm of examination and proof making has been complied with. He is taken into a pri vate olliee, unaccompanied by bis friends or attorney, and is then put through cross-questioning that would reflect credit on the criminal department of any police station. The proceedings are con ducted strictly on the star-chautber or der. Absurd and irrelevant in the ex treme are many of the questions bred at the witness, who, if he admits in any way that he might at some time accept more for the property than it actually cost him, bis claim is vitiated. The de cision is final so far as tbe local office is concerned, and the only right remaining to tbe individual is an appeal to the land commissioner at Washington, and since the order calling for this form of proced ure emanated from the secretary of tbe interior, the applicant stands a poor chance of getting a reversal of the decree ol the lower othce. The officials of the Oregon City Land Office are exceedingly noncommittal on the subject, and will not discuss the re cent ruling of Secretary Hitchcock. hue it is claimed that tbe new ruling was first proposed by the Interior De partment nearly a year ago, it baa been recognized and enforced at tbe local land office for the last two months only, or since the arrival of Special Inspector Hobbs. who was transferred to this point from New Mexico, It is known that in the last two months more than 50 per cent of tbe applications for flnil proof on timber lands at the Oregon City office have been rejected. In that length of lime probably 200 claimants have appeared before the local office. The new ruling is not only being applied to entries upon which final proof has not yel been made, but many patent in this district are now held up at Wash ington because the applicants, relying on the decisions of the United States courts, have admitted in making their final proofs that at some future time they might dispose of their claim at a time they might dispose of their claims at a profit, or, in other words, receive (or them more than $2.50 per acre, the amount paid the government (or the lands. It has never before been held by the General Land Office that the words "exclusive ose and benefit" could be construed to mean that a person could not reap the benefit of his claim at some future time by selling it at a profit. By tbe new construction, an entry man would have to use the timber in bis own build ing operations or else build a sawmill and cut it into lumber, and then by a strict construction, he would be pievented from selling the lumber. There is also a business aspect to the situation. Business men In this commu nity are concerned in the ruling of tbe Interior Department, although many of them bave not claims. Men having idle capital have lent considerable money to persons filing to supply tbe necessary purchase price of 400 for each claim. The cost to the applicant in locating on a timber claim amounts to about $430. Men making these loans have in many instances taken mortgages on the land for security. If tbe patents to the lands in which they are interested are refused, then their security will also be gone, and the money that haB been advanced on the claim by tbe applicant will be appro priated by tbe government. Both tbe applicant for the timber land and the man who advanced him tbe money with which to defray tbe expense of filing on tbe claim feel that the ruling is unjust since it has alwaya been held that the entry man has always had tbe right to mortgage or sell hi claim after proving up, so long as there was nothing fraudulent in tbe transaction. The majority of those who bave filed on claims in this district and bave not yet proved up will offer their proof and pay their money, relying on the former interpretation of the tbe word "specula tion" being continued in force and tbe new rule being reversed. A number ol cases that were rejected in the Oregon City Land Office have been appealed to the commissioner of tbe General Land Office, where Secretary Hitchcock' rul ing will be tested at once. It practically repeals an act of Congress, and it i ar gued cannot stand a judicial test. In ptoviding this departure for the making of final proof the general land office has failed to formulate a rule that will prevent the (Clipper from placing hi scrip en this same land withdrawn from, the individual purchaser, but al low the icripper to make 200 to 600 per cent on hi purchase. Scrip is now val ued at $5 per acre, and more scrip has been issued than there is available land. This fact tends to depreciate the market value of this negotiable piper, which at tbe same is valuable paper. Timber lands are readily worth fiom $12 to $20 an acre, so an idea may be gathered of the profit that is made by holder of scrip in seizing available timber land. Tbe motive of tbe land department in providing this stringent examination of applicants in making final proof is an open question. Many do not bestitate to charge that the real motive is the can cellation of as many individual claims as can be made under this technical ruling in the interest of the large corporation and gigantic timber concern which held the bulk of the scrip. Whatever may be the purpose aimed at, it is a certainty that if the new rule is upheld by tbe courts it will be but a short time until every acre of the government lands will b appropriated by wealthy lumber firm and scrip holders generally. WEEKLY REPORT OF CROPS Issued by Edward A. Heals of V. S. Department of Agriculture. Light rains fell in the Willamette val ley and along the coast during the early part of the week, but otherwise the weather throughout the state was dry and pleasant. The day were warm, but the nights, as a rule, were cool, and frost occurred in Eastern Oregon and in scattered localities of Southern Oregon on one or two morning; they did no damage of consequence. Ibe weather was very lavorable for threshing, and this work was actively pushed to completion, irune picking and drving also made satisfactory prog ress. It will require about a week or ten day more to complete the prune bar- vest; the crop this year is an excellent one, both in quality and quantity. But little plowing or seeding has been done yet west of the Cascade mountains, ow ing to the dry condition of tbe Roil. In the Columbia river valley and in some sections of the Grande Ronde valley tbe seeding of fall grain has progressed rap idly. More rain is needed in Western Oregon before fall plowing will become general. the corn crop continues to do nicely, and some field are now ready for the tilo. Potato digging ha begun, with variable vields. In some sections tbe crop is turning out well, while in other, especially along the coast, the average yield will be very light owing to blight and rot. Stock is doing well and is generally in fine condition. A good rain would bene fit pastures, but as a rule feed is plenti ful, especially on the range. Some green feeding is being done in the dairy district to keep up tbe Bupply of milk. Beans are being harvested, wun good result. The third crop of alfalfa turned out well, and was secured in good condi tion. Pear and plum continue to yield sat isfactorily and are being marketed a rapidlv as possible. Apple are only fair, and in some counties they are drop ping badly. VALUES AWE BIG Clackamas County AHSPsxment Approximates $10,500,000. Assessor Nelson Ulves an Opinion as te Validity and Lffrct of the New Law. The aggregate of the 1003 assessment roll for Clackamas county will approxi mate $10,'!8,180 a against $4,020,444 for last year, report Coonty Assessor Nel son who is computing the summary of the roll which will not be finished for a month. Instead of reducing tbe total of the valuation, the county board of equalization slightly increased the amount of the roll. In view of the greatly increased prop erty valuations represented on the roll, considerable local interest attaches to the controversy that is now pending as to the validity of any assessment that may be made on the roll a written by Assessor Nelsou. It is the belief of Assessor Nelson that the new assessment law will be upheld by the supreme court- If the law is held to be incorporative, Clackama county occupies an interest ing position. In preparing the roll this year, Assessor Nelsou did not recognize the provision of tbe sew law which does away with the exemption clause but al lowed that deduction made for personal property. A a consequence he holds that if tbe new assessment law it declared invalid by the courts and the defect is not remedied by a special session of tbe legislature, then Clackamas county may proceed with the collection of taxes on the roll 8 prepared since the assess ment has been made under the provis ion of tbe old law, whicn will remain in force if the new statute is found to be irregular. DEFENSE OF REFERENDUM. Brief Submitted to Supreme Court by Friends. Tbe "iriend of the court" who will argue to sustain tbe validity of tbe initi ative and referendum before tbe supreme court have prepared two briefs. Tbe first submits that the declaration of emergency of the Legislature, placing in immediate effect the new Portland charter under tbe initiative and referen dum was constitutional and valid. The second maintain that the initiative and referendum itself is constitutional and valid. Both submit that tbe decision of the circuit court of Multnomah in Kad derly et al vs. tbe city of Portland should be reversed. Tbe circuit court held that the ultimate decision as to whether a law i necessary for the immediate preservation of the public peace, health or safeiy "cannot be controlled or affected by any recitals in tbe bill" to that effect. "Tbe elabor ate provision designed to afford the electors an opportunity of approving or rejecting measure adopted by the Legis lative Assembly would prove of little value, were tbe construction adopted that the Legislative Assembly possesses the absolute power to decide in what case the referendum power may be ex ercised by the people." Tbe first brief argue that the question of emergency is political and not judicial and is to be decided by the Legislature in every case and not by the courts. It sets forth also that the initiative and ref erendum does not apply to local laws. Tbe second brief submits that the; amendment is a valid part of the consti tution. It argue to three conclusions: "First Toe judicial department has no jurisdiction to pass opon the ratifica tion of any amendment to the constitu tion ; that power rests exclusively in the political department, composed of the legislative and executive departments of tbe state government. Tbe initiative and referendum amendment is a part of the constitution because it has been sub mitted to the people by two consecutive Legislative Assemblies and ratified by a majority of tbe elector of Oregon. "Second The amendment was legally submitted and ratified under the legisla tive construction of Article XVII of tbe constitution and under the well-settled rules of law such legislative construc tion is conclusive opon the court. "Third Assuming that tbe court basr jurisdiction and that such legislative construction of Article XVII is errone ous, tbe amendment was legally sub mitted and ratified because no other amendment was legally pending either before tbe legislative assembly or before tbe people at tbe time tbe initiative and referendum amendment was proposed." The circuit court held the amendment invalid because other amendments were pending when it was proposed. The first brief is signed by Mayor Williams, J. B. Waldo, W. S. U'Ren, Senator John H. Mitchell, J. C. More land, Governor Chamberlain, Tilmon Ford. George C. Brownell, C. E. 8. Wood and J. N. Teal. Tbe second brief has the same signature except that of Mayor Williams, who feels that bis of ficial position restrains him from partici pating in the argument over the initia tive and referendum. IUtrea After Eatlag Cured. Judge W. T. Holland, of Greensburg, La., who is well and favorably known, say : "Two years ago I suffered greatly from indigestion. After eating, great distress would invariably result, lasting for an hour or so and my night were restless. I concluded to try Kodol Dys pepsia Cure and it cured me entirely. Now my sleep is refreshing and digestion perfect." Sold by Geo. A. Harding. School books and school supplies at Charman & Co. the leading druggists and booksellers. Loans. Real property and chattel mortgage loans. Abstract furnished. G, B. Dimick, Atty. at Law, Oregon City, Or. Subscribe for tbe Enterprise.