THE MORNING OREGONIAN, MONDAY, FEBRUARY 2, 1903.
TO SAVE THE LAND
Williamson's Revision of Irri
gation Law.
GUARDS POINTS NOW OPEN
Reclamation Compnnlci Not to Get
Immediate Possession of tlie Land
Settlor to De Notified When
i'alcnti Issue.
SAIJ2M. Or.. Feb. L (Special.) Sen
ator Williamson's till for tho amendment
of the arid land law proposes a. number
or radical chances In the law. Tho purpose
of tho proposed changes Is to prevent
the Irrigation companies from securing the
exclusive possession of land for a num
ber of years without carrying out the In
tentions of the law. to prevent tho irri
gation companies or other syndicates from
securing the best of the reclaimed land
and profiting' tf tho speculation, and to
prevent delays In the construction of Ir
rigation works. "While tho Williamson bill
J In the form of an amendment, it really
proposes what is in effect an entirely new
arid land law. The new law. If It should
go Into effect, would not alter th"e rights
of Irrigation companies which have al
ready secured contracts.
Tho second section of the present law
makes It the duty of the State Jand
Board, upon application by some pereon
or company to redeem arid land to
make application to . the General
Government for the land and enter into a
contract for its reclamation, to create
Jiens In favor of the irrigation companies
Jor the cost of constructing Irrigation
works, provided that the works shall be
constructed without cost to the state. The
second section of the Williamson bill is
as follows, the new provisions. In sub
stance, being enclosed In parentheses:
Sec 2. The selection, management and dis
posal of said lands (.ball be rested In the
Etate Land Board. Upon applications made as
hereinafter provided by any person, company,
association or corporation dnlrlne to reclaim
any of the desert Government land In this
etate (and complying with all tho terms of
this act and of the rules; requirements and
regulations of the General Land Office and of
the Secretary of the Interior, and of the State
land Board, and the State Land Board being
satisfied that such application Is feasible, and
that It Is beneficial to the public Interest), It
shall be the duty of the State Land Board, and
they are hereby authorized and directed to
znaVe proper application for the lands which
said applicant undertake to reclaim, ar.d
make and enter Into the contract or agreement
with the Secretary of the Interior for the do
nation and patent to the sate, free of cost
The provision that the state shall not
be liable for the cost of reclamation Is
contained in a later section.
31 any New Provisions.
Section 3 of the Williamson bill con
tains a number of new provisions indi
cated by the parentheses, but none of
the essential provisions of that section
In the present law are outlined. It is as
follows: .
Sec 3. Any person, company, association or
oration constructing, baring constructed or
Irrigation work to reclaim desert land under
the crovlslons of this act, shall file with the
State Land Board a request for the selection,
oa behalf ot the State ot Oregon, by the State
Land Board, of the land to be reclaimed, des-
request shall be accompanied by a proposal to
'construct a ditch, canal or other Irrigation
work necessary for the complete reclamation ot
the land asked to be selected. The croposal
hall be prepared In accordance with the rules
ot the State Land Board and with the rules
and regulations of the Department of the In
terior and of the General Land Office. It shall
state the source of water supply, the location
and dimensions of the proposed works, the
'cost thereof, (the price and terms per acre at
which perpetual water rights will be sold to
settlers on the land to be reclaimed, said per
petual water right to embrace a proportionate
Interest In the canal or other Irrigation works,
together with all rights and franchises at
tached thereto or In any wise appertaining.
2a the case of Incorporated companies It shall
Ute the same ot the company, the .purpose
ot lis Incorporation and where Incorporated.
w wuw uuu jjiacca ol resioence oj lis di
rectors and fiffleers. lh. flnwtinl nf itm ntithnr.
lied and its paid-up capital, and its' available
assets above all liabilities, and such other
tacts as will enable the State Land Board to
.determine the financial ability of such corpo
ration to carry out the proposed undertaking.
If the applicant be a natural person, company
or association, the proposal shall set forth the
name or Tiam nf ffe mrt - ..n I m..A
their several residences; and such other tacts
as wilt enable the State Land Board to de
termine bis sr ibelr financial ability to carry
out the crODOied undertaklce-. x rrfld
than 3000, as may be determined by the
- - - .nil. v-nv uui UUMV
6tate Land Board, shall accompany each such
request and proposal, the same to be held
as," a guarantee ot the execution of the con
tract with the state In accordance with Its
terms by the party submitting such proposal,
and also to reimbursethe state for an' out
lays or expenditures made by It relating to
such proposal la carrying the same forward
according to the terms of this act, and In case
of the approval of the same and the selection
ot the land by the Stale Land Board, and to
be forfeited to the Mate In case of failure
of said parties to enter Into a contract with
tb stats In accordance with the provision ot
this act. The application shall be accompanied
by a sufficient sum of money to pay Land Of
1 fles fees, engineer's fees and traveling ex
peases, and such other fees and expenses as
the State Land Board may require.) Such pro
posal shall conform to the rules and regula
tions oitne Secretary ot tee Interior, the
Land omce and the State Land Board.
-uca proposal aaau oe accompanied oy tripli
cate lists of the legal subdivisions of tho land
proposed to be reclaimed, together with tripli
cate cqples of the field notes ot the surreys
contemplated by this act, or required by the
Secretary of the Interior, General Land OBce
- or the State Land Board. Such proposal shall
;&lso be accompanied by triplicate maps and tri
plicate plans showing the location and .dimen
sions of the proposed work, each to be drawn
on tracing linen, and drawn on such a scale
. sis clearly to show and indicate all desir
able Information, such scale to be not great
er than S0O feet to the Inch! All such pro
posals and accompanying papers shall be ac
companied by affidavits required of engineers
and such other details as are or may be re
quired by the Secretary ot the Interior. Gen
eral Land Office or tho State Land Board.
(Such proposal shall also be accompanied by
as" abstract showing the various water rights
and' by whom owned, and also the riparian
.proprietors and the extent ot fir rlrhts
along tho stream from which the water Is
-proposed to be diverted for the purpose ot
nca irrzgauon, ana ue amount or water
available over and above that ot such water
rights and that of the rights of riparian own-
era, for the purpose ot carrying out such pro
posal.) There shall be submitted by said ap
plicant statement, ot the amount ot water
or reservoirs required by the plan of
n. mvmcsi -iTtlll Itvirla wt cslaotsJI V.
state, such applicant shall file separately
application for right of way over such
1891. ot the laws of the United States (20
be dose to enable the State Land Board
elect these lands without cost to the
Said application for a contract shall
system of Irrigation and the annual
Time Limit Fixed.
, Section 4 of the present law makes It
n uuiv ui mi uuiuu lu ciiLci tutu a. luii
tract for the reclamation of tho land, and
to fix the amount of the lien which the
company shall have for reclamation. It
also provides that construction of the
irrigation works shall bo commenced
within six months after the signing of
the contract, and be prosecuted with reas
onable diligence. Ten per cent of the cost
of reclamation must be expended In the
first year. The company's Hen Is to draw
6 per cent interest until satisfied. The
new bill makes numerous changes In this
section, as will be seen:
Sec 4. (The State Land Board shall, upon
receipt ot such proposal, cause the same to be
examined by its clerk or the Attorney-General
and ascertain It It complies with the rules and
regulations of the Department of the Interior,
the General Land Office, the State Land Board
and ot this act If It does not. It Is to be re
turned for correction: but If It does so com
ply. It shall be submitted to some compe
tent engineer to be designated by the State
Land Board, who shall examine the same and
make a written report to the board, stat
ing whether or not the proposed works are
feasible; whether the prepared diversion cf
the publlo water of the etate will prove
beneficial to the public Interest; whether the
rroposed diversion of water will interfere with
existing water rights and the rights of ripar
ian proprietors, and. If so, to what extent:
whether there Is sufficient unappropriated water
in the source of supply, and whether or not
a permit to divert and appropriate water
through the proposed works is approved by
hlmt whether the capacity of the proposed
works Is adequate to reclaim the land de
scribed; whether or not the proposed cost of
construction Is reasonable, and whether or not
the maps filed comply with the reaulrements.
rules and regulations or the Department of
the Interior. General Land Office. State Land
Board and of this act; al whether the lands
proposed to bo Irrigated are desert la char
acter, and such as may ba properly set apart
under the provisions of the aforesaid act of
Congress and the rules and regulations of the
Department of the Interior thereunder: and
whether or not such proposed plau of irriga
tion embraces all lands properly reclalmab'.e
from the source at the point" from which such
water Is proposed to be appropriated. When
ever such engineer shall be unable, from an
examination of the maps and field notes sub
mitted for his examination, to determine wheth
er or not the proposed Irritation works are
feasible and adequate, whether or not the
proposed cost of construction is reasonable, or
better or not the proposed diversion of the
public water Is beneficial to public interest,
and whether or not tho lands proposed to
be irrigated are of such a character as to come
under tho provisions of the aforesaid act cf
Congress, or any other matter, the State Land
Board may direct such engineer to make or
cause to be made by some qualified assistant
ouch survey or examination as will enable htm
to report Intelligently thereon to the board.
Upon receipt of the report of such engineer
the State Land Board shall take up such pro
posal for Its consideration. In case of the ap
proval by tho board of such proposal, rhe State
Land Board shall file in the local land office a
request for the withdrawal ot the land de
scribed In said proposal. When requests and
proposals are not approved by the State Land
Board, the board shall notify tho parties mak
ing such proposal ot such action, and the rea
sons therefor. The parties so notified shall
have 60 days In which to submit a satisfactory
proposal, but the State Land Board may, at
Its discretion, extend the time to six months.)
Upon the withdrawal, of the land by the De
partment of the Interior. It shall be the duty
of the board to enter Into a contract with the
lrty submitting the proposal (which contract
shall contain complete specifications of the lo
cation, dimensions, character and estimated
cost of the proposed ditch, canal or other Irri
gation work; the price and terms per acre at
which such works and perpetual water rights
eball be sold to settlers, the price and terms
upon which the state Is to dispose of the land
to settlers: provided, that such price and terms
for Irrigation works, water rights and for lands
to be disposed ot by the state to settlers, shall
In all cases be reasonable and Just. This con
tract shall not bo entered into on tho part ot
the state until the withdrawal of these lands
by the Department ot the Interior and the fil
ing of a satisfactory bond or undertaking on tho
part of the proposed contractor for irrigation
works, which bond or undertaking shall be In
a penaj sum equal to 5 per cent ot the esti
mated cost ot the works, and to bo conditioned
for the faithful performance ot the provisions
ot tbe contract with the state. No contract
shall be made by the board which requires a
greater time than five years for tho construc
tion of the works) and all contracts shall state
that the work shall begin within six months
from the dato of the contract; that construc
tion shall be prosecuted diligently and continu
ously to completion, (and that a cessation of
work under the contract with tho state for a
period of six months, after the second year,
will forfeit to the state all rights under said
contract).
Reclaimer Mast Wait.
Section 5, of tbe present law. relating
to the application to the Government by
the state for tho land to be reclaimed, la
left unchanged.
Section 6, -which gives tho reclamation
company exclusive possession of the land
from tbe date of the contract. Is prac
tically abrogated. Tbe remaining sections
of the present law provide that the water
rights shall be appurtenant to the land,
subject to the right of the irrigation com
pany to reasonable annual charges for the
use of water; that persons wishing to take
arid land covered by contract shall se
cure a receipt showing that the com
pany's Hen has been satisfied, whereupon
the State Land Board shall Issue a -deed
thereto. The new sections add many new
features, the most Important being the
provisions that the money must be paid
to the State Land Board; that deeds will
not issue until after three years' resi
dence, and reclamation of not less than
20 acres of the land. The remaining sec
tions do not correspond with sections of
the present law, and the parentheses
merely call attention to the most im
portant new provisions;
Sec 7. Nothing in this act shall be construed
as authorizing the State Land Board to obligate
tho state to pay tor any work constructed un
der any contract, or to hold the stats la any
way responsible to settlers for the failure ot
contractors to complete tho work according to
the terms of tbelr contract with t he-state. (Im
mediately upon tho withdrawal of any land for
the state by the Department of the Interior and
the Inauguration of work by the contractor. It
shall be the duty ot the State Land Board, by
publication once each week. In one newspaper
ot the county In which lands are situated,
and In one newspaper at the state capital, for
a period of four weeks, to giro notice that
said land is open for settlement: the price for
which said land will be sold to settlers by the
state, and the contract price at which settlers
can purchase perpetual water rights.) Any
citizen ot the United States, or any person
having declared his Intention to become a citi
zen of the United States, over the ago of II
years, may make application, under oath, to
the State Land Board, to enter any of said
land in any amount not to exceed 1C0 acres for
any one person; '(and such application shall
set forth that the personleslrlcg to make such
entry does eo for the purpose ot actual reclama
tion, cultivation and settlement In accordance
with the act of Congress and the laws of this
state relating thereto, and that the applicant
has never received the benefit ot the provisions
ot this act to an amount greater than 169
acres, including the number of acres specified
In ths application under consideration. Such
application must bo accompanied by a certified
copy of the contract for a perpetual water
right, made and entered Into by tbe party
malting application, with the person, company,
association or corporation who have been au
thorized, by the State Land Board to furnish
water for the reclamation ot said bind; and If
said applicant has at any previous time en
tered lands under the provisions of this act.
he shall so state In his application, together
with description, date of entry and location ot
said land. He shall further state that said
application Is not made, either directly or In
directly tor ths benefit of any&ther person or"
persons whatsoever.) The board shall there
upon file in its office tbe application and pa'
pers relatlnr thereto, and. If allowed. Issue a
certificate of location to the applicant. (All
applications for entry shall be accompanied by
a payment of 25 cents per acre, which shall
be paid as a partial payment on the land. It
the application Is allowed; and all certificates
when Issued shall be recorded In a book to be
kept for that purpose. If the application Is
not allowed tho 3 cents per acre accompany
ing it shall be returned to the applicant; pro
vided, that where the construction company
falls to furnish water to any settler under
tho provisions of his contract with tho state,
tho state shall refund to said tattler all pay
ments that he shall have mads to tho state.
The board shall dispose of All Vials accepted
by the state under the provisions of this acf
at a uniform price of dollars per acre,
the residue of which is to bo paid at tho time
ot rn filling final proof by the settler. Within
one year after any person, company or corpo
ration authorized to construct Irrigation works
under the provisions ot this act shall have noti
fied the settlers under works that they are pre
pared to furnish water under the terms ot
their contract with the state, the said settler
shall cultivate and reclaim not less than one
sixteenth part of the land filed upon, and
within two years after the said notice, tho
settler shall have actually irrigated and culti
vated not less than one-eighth of the land filed
upon, and within three years from the date of
said notice the settler shall appear "before the
County Clerk or Clerk of the County Court, a
Judge or Clerk of tho Circuit Court, or United
States Circuit Court Commissioner, to be des
ignated by the State Land Board within tho
state, and make final proof of reclamation,
settlement and occupation, which proof shall
embrace evidence that he has a perpetual wa
ter right for his entire tract of land sufficient
In volume for the complete Irrigation and
reclamation thereof; that he Is an actual set
tler thereon, and has cultivated and Irrigated
not less than 20 acres of said tract, and such
proof further. If any, as may be required by
the regulation of the Department of the In
terior, the General Land Office, or of the Stat
Land Board, All proofs shall be accompanied
by tho amount due upon said land, and on the
approval of the same said proof shall be for
warded to the Secretary of the Interior with
a request that a patent to said lands be Issued
to the state).
Notice to the Settler.
Bee 8. Upon the Issuance of a patent to any
land by the United States to the state, notice
shall be forwarded to the settler upon such
land. It shall be the duty of the State Land
Board to execute a deed to said lands from
th, "a,e to ,ho "tt,cr- The water rights to
all lands acquired under the provisions of this
act shall attach to and become appurtenant to
tbe land as soon as title passes from ths
United States to the state. Any person, com
pany, association or corporation furnishing wa
ter for any tract of land shall have a first and
Trior Hen oa said water right and land upon
which said water Is used, for all deferred pay
ments for said water rights; said Hen to be In
all resoecta erior to any and all other liens
created or attempted to be created by the own
er or possessor of said land: said Hen to re
main In full force and effect until the last
deferred payment for the water right Is fully
paid and satisfied according to the terms of the
contract under which said water right was ac
quired. The contract for the water right upon
which the aforesaid Hen is founded shall be
recorded In the office of the County Clerk of
tho county where said land Is situated. That
upon default of any of the deferred payments
secured by any lien under the provisions of
this act. the person, company, association or
corporation holding or owning said Hen may
foreclose the same, according to tho terms and
conditions of the contract granting and selling
to the settler the water right by a suit In
equity brought la the county where such land
Is situated. Where tho Hen holder becomes
tbe purchaser at such foreclosure sale. If such
lands and water rights are not redeemed by
tho original owner within the time limited by
the laws of Oregon for the redemption thereof
under sales thereof under execution or by de
cree under foreclosure proceedings, then at any
time thereafter within six months after the
expiration of such time, any person desiring
to settle upon and use such lands and water
rights may apply to the purchaser at such
foreclosure sale to redeem such land and wa
ter rights, and such purchaser shall assign the
certificate of sale of such land and water
rights to tho person desiring to redeem the
same, upon the payment by him. of the amount
of the Hen for which the. same was sold at such
foreclosure sale, together with legal Interest
costs and fixed charges thereon. Thereupon
such person, shall bo entitled to a deed to such
RECORD OF THE OREGON LEGISLATURE
Bills Passed by the Senate.
S. B. 3. by Marsters To provide for death executions at State Penitentiary.
S. B. 10, by Btelwer To regulate) carriage of sheep by express.
B. B. If, by Mays Classing bicycles with horses In the' law to punish larceny.
8. B. 21, by Hunt To make Boys and Girls' -Aid Society a place of commit
ment tor truants and Incorrigible, and for an appropriation therefor.
'8. B. 27, by Smttn ot Slultaomah To create a State Board ot Health.
S. B. 31, by Crolsan To prevent stock running at large In Marlon County.
S. B. Si, by Sweek To provide manner of proving existence ot foreign, corpora
tions. S. B. 37. by Myers Giving crematories same exemptions as cemeteries.
S. B. 41 To permit state fair board to control Its own printing.
S. B. Co, by Booth For protection of forests from fire.
5. B. 61, by Hobson Relative to transfer of convicts to Insane asylum.
E. B. 62, by McGinn To prohibit child labor under, certain ages.
6. B. 37, by Myers To define the rights of riparian owners.
S. B. 63, by Kuykendall Relating to transportation ot children to country
schools.
S. B. 69, by Kuykendall For the consolidation of country schools. 7 " "
S. B. 73. by Daly Relative to examination ot commercial fertilizers.
8. B. 78, by Daly To require that schools be kept open not less than four
months In each year.
S. B. 80, by Smith, ot Umatilla To amend liquor license law.
5. B. 81, by Pierce To appropriate $20,000 for Eastern Oregon Agricultural
Experiment Station.
6. B. S3, by Smith of Yamhill Relative to condemnation ot public roads for
telephones and telegraph lines, v I
B. B. S3, by Crolsan Amending Third Judicial District Circuit Judgeship act,
S. B. S3, by Smith of Umatilla To require hair brands on cattle driven from
one county to another.
S. B. 86, by Smith of Umatilla Relative to Issuance ot certificates for practice
of medicine.
S. B. 07, by Srflwer To require peddlers to pay license fees.
S. B. 101. by Carter To provide for tax levies for libraries In cltlto.
E. B. 102, by Daly Providing that state shall carry Its own fire Insurance.
8. B. 109, by McGinn To authorize cities to appropriate water rights.
S. B. 116, by Wehrung To authorize counties to appropriate money for adver
tising purposts. " '
8. B. 110, by McGinn Authorizing construction ot suspension bridge at Oregon
City.
S. B. 121, by Myers General county seat removal enabling act,
S. B. 139. by Carter To fix traveling expenses Jackson County School Superintendent-
y
8. B. 172. by Brownell To repeal Clackamas County Commissioner act.
S. B. 17. by Brownell Fixing salary of Clackamas County Judge at 11200 per
annum.
Incorporation acts: North Powder, Bourne, Dufur. New Astoria, Prlnevllte,
McMlnnvHle. Baker City.
Hills Passed by tbe House.
IL B. 1, by Malarkey To appropriate $500,000 for Lewis and Clark Fair.
H. B. 6; by Davey To amend Third Judicial District Judgeship act,
IL B. 3, by Davey To provide four terms of courv In Third District,
IL B. 8, by Phelps To prescribe method of constructing fences la Eastern Or
egon, IX. B. 10. by Riddle Regulating titles of Insurance companies.
IL B. 18 (substitute) To punish bribery In political conventions.
IL B. 24. by Reed Relating to proving of official documents.
IL B. 0. by Cobb To require street-cars to bo provided with fenders.
H. B. 42, by Banks Relative to exemptions In earnings of judgment debtors.
IL B. 46, by Judiciary committee For investment of state school funds In school
bonds.
IL B. 47, by Kay Relative to garnishment proceedings against public employes.
II. B. 49, by Banks Relating to execution and acknowledgment of deeds la
foreign countries.
IL B. 31, by Hale-Relative 'to salaries of certain Josephine County officers.
H. B. 87, by Nottingham Relating to pay for patients In Insane asylums.
H. B. C2 (substitute) Relative to plats for surveys In counties.
IL B. 04, by Burleigh To change time 'for holding county court In Wallowa
and Harney Counties.
IL B. "3, by Eddy To provide that statute ot limitations shall not run against
the state.
H. B. 78. by Whealdon To authorize City of The DaHea to Issue additional
water bonds.
IL B. SO, by Phelps To regulate election of Road Supervisors.
H. B. S3, by Galloway For library tax of 1-5 mill.
IL B. 01, by Burgess To create Stockman County.
H. B. 04. by Phelps Regulating Deputy District Attorneyship of Sixth Judicial
District.
IL B. 102, by Hahn To give boat pullers and others preferred Hens on fish,
H. B. 106, by Hale To reimburse W. IL Hampton for school land purchase.
IL B. ICC, by Hale Renewing $1000 limit In damage cases arising from death
by wrongful act.
H. B. 109, by Both To relocate county seat of Columbia,
IL B. 114, by Hutchinson To regulate barbers.
H. B. 117, by Burleigh Relating to pay of Wallowa County official.
IL B. 123. by Eddy To change time of fixing tax levies.
IL B. 141, by Both Fixing salary of Columbia County Judge at 11000.
IL B. 164. by Banks Relative to proving of official records In foreign countries.
IL B. 170, by Davey Making salary of Assistant Penitentiary Warden $1200.
II. B. 1S9. by Uayden To authorize flames oa county roads.
Incorporation acts: Clatskanle. Sublimity, Rainier. Dallas. Merrill. Wasco.
( Wlllamlna, Falls City, North TamhUl, Ontario. Huntington.
Bills Passed by Both Houses.
IL B. 137. by Hermann-To fix certain salaries In Coos County.
The following charter bills: Adams, Lexington; Coqullle, Bandon, Ashland,
Cornelius, Milwaukle, Stayton. Eugene, Salem. Elgin. Enterprise. Myrtle Creek.
Signed by tbe Governor. '
H. B. 1, by Malarkey To appropriate $300,000 for the Lewis and Clark Fair.
H. B. 68. by Fisher For a Oreboat at Portland.
S. B. C4. by Marsters To create Irreducible school fund for Douglas County.
IL B. 77. by, Cornett Authorizing construction of a free ferry at Harrisburg.
IL B. 101. by Reed Portland charter bill.
H. B. I0S. by GUI To levy tax n Multnomah County for support of library.
Charter bills for CorvalUs. Alamo and Tbe Dalles. . ,
land and water rights. If tho land and water
rights shall not be redeemed br anx. cerson
within the time and In the manner hereinbe
fore provided. It shall be tho duty of the
Sheriff, upon Dresentatlon of the certificate of
sale by the original purchaser to Issue a deed
to such purchaser. Where such land and wa
ter rights are not purchased by the Hen holder
of such foreclosure sale. It shall be tho duty of
the Sheriff to first say the Hen holder out ot
the proceeds of such sale the amount of tho
Hen. together with all interest, costs and fixed
charges thereon, and to pay any balance re
maining to tho person against "whom such Hen
has been foreclosed, and for his services In
such cases the Sheriff shall receive tho same
tees as are provided by law In civil cases.
State to Keep Record.
Bee 0. The maps In the office of tho State
Land Board of the land selected under the
provisions ot this act shall show the location
of the canals or other Irrigation works ap
proved la tho contract with the State Land
Board, and all lands filed upon shall be subject
to the rights ot way of such canals or Irriga
tion works, bald right of way to embrace the
entire width of the canal, and such additional
width as may be required for Ita proper open.'
tlon and maintenance, tho width ot ths right
of way to be specified In the contracts pro
vided for la this act. Tho State Land Board
shall provide suitable rules for the filing of
proposals ror constructing Irrigation works,
and for the entry of and' payment for the land
by settles, and for tho forfeiting of entry by
settlers upon failure to comply with the pro
visions of this act. There stall be kept la the
office of the State Land Board, for public In
spection, copies of all maps, plats, contracts
for the construction of Irrigation works, and
ot the entries ot land by settlers. (It shall re
quire from each person, company, association
or corporation engaged In the construction of
irrigation works under the provisions of this
act, an annual report to be submitted to the
board, on or before November 1, of each rear.
This report shall show the number of water
rights sold, the number ot users of water un
dcr said Irrigation works, ths legal subdi
visions of Isnd for which water Is to be fur
nished, the names ot the officers ot the com
pany, the acreage of land which tho said Irri
gation works is prepared to supply with water.
and such other data as the State Land Board
may see fit to require. The rules required br
this section may be waived In the case ot Irri
gation works being constructed by a person,
colony or association ot persons to furnish wa
ter for land settled upon and being reclaimed
by themselves).
Sec 10. The State Land Bbard shall pre
scribe the duties ot all Its employes and shall
collect the following fees: For filing each ap
plication, si: for filing each final proof. 11
for Issuing each patent. XI; for making certi
fied copies of records. 10 cents per folio. The
money collected for fees shall be paid to the
Statu Treasurer and by him credited to tho
general fund of the state. All suits or actions
brought by the State Land Board shall be In
stituted by said board In tbe name of the State
of Oregon. That all moneys derived from tho
sale ot lands under the provisions ot this act
by the State Land Board shall be deposited
with the State Treasurer and bo held In trust
and as a trust fund for and to be applied to
tbe reclamation of other desert lands la this
state.
Arrested in n Hospital.
DETROIT. Feb. 1. Alfred P. Shambc
leau, aged Co, ex-treisurer ot Kent Coun
ty, Ontario, who it Is alleged is Wanted
on warrants charging theft and forgery
In connection with a shortage In tho.
county funds of About JH,w, was today
placed under arrest at Grace Hospital,
In this city.
ALL THE FENCES MUST GO
IX CROOK COUNTY 30,000 TO 40,000
. ACRES WILL BE OPENED.
Government Land Fenced In Connec
tion "With Wagon Road Grant
Cattle and Sheep Fight.
PRINEVILLE, Or.. Feb. L (Special.)
The order for the removal of fences from
Government land Is causing considerable
indignation In the Eastern part of the
county. The majority of- the stockmen
blame W. W. Brown for It. As near a3
can be learned Brown could have saved
himself and many other stockmen a large
amount of money as well as pasturage
by complying with the first order from the
Interior Department, but he was not
satisfied to let well enough alone, and so
Informed the Government agent that he
had a lot mora land fenced, and in con
sequence he was ordered to take it all
down. This order raised Brown's Ire, and
he began complaining on his neighbors,
and the result will be the opening of per
haps CO.CO) to 40,000 acres of Government
land that has been fenced up. The great
est loss will fall on Mr. Brown, who will
be required to remove 100 to 200 miles of
rence.
As a great deal of this fencing has been
done by cattlemen. It will be seen that
they will be the losern. and It will leave
a lot ot range open to the public that
win De fought for by the sheep that como
in from outside points every Summer.
Should this be the case, there Is a strong
probability that a large number of
Brown's sheep will go the way of others
tnat have como In tho way of the-cattle
men of that section and, as Brown has
large bands ot sheep that will be ranged in
close proximity to a great deal
of the land that has been thrown open,
and is looked upon by the cattle-owners
as tne cause of the opening of the fences.
he will naturally be the object of their
vengeance.
Much of the land that has been under
fence Is but poor pasturage at best, but.
It being easier fenced than left outside,
many of the stockmen have Inclosed it
with their own premises. Ono reason that
so much of the land in this county has
been Inclosed is that a large area of "road
land" has been leased by the stockmen.
and. It being in nlternato sections, there
has been a tendency to Inclose all the
land within the boundaries of the road
land so as to form a square or other
solid body of land, thus taking a much
less amount of fencing that would other
wise be required. While those who have
done so are fully aware that they rere
inclosing uovernment land to which they
had no right, they have never In any way
opposed any one in settling within their
lnclceures who desired to take a home
stead or other claim. In this they have
differed widely from the cattle barons of
Northerfl California and Nevada, where
it was as much as a jnan'o life was
worth to attempt to take a homestead In
side of one of the great lnclosures with
out first promising to sell to the cattle
man who had the land under fence.
GOSSIP OF THE CAPITOL.
Oratory in the LcglslatureThoic
Responsible for Hills.
SALEM, Or. Feb. L The Senate lost one
of its best debaters when it elected Sen
atdr Brownell President. Brownell Is
easily the most entertaining speaker of
the Senate. There are a goodly supply of
debaters on the floor of the Upper House,
however, for epnt)tnPa 'Ciitnn r..ii...
McGinn. Smith nf VnltTinmnh T.-.,,.l.-.
dalL Booth. Mays, Miller and Pierce are
outside me nails of legislation as
well AS InftMA fnr thlr nTittlf., n,.t.liH
w ---. tiwiu, no iuuuu
speakers. Some of the new members havo
not bad. an opportunity yet to demon
strate their power in the forensic arena.
It has been a long time since Marion
County had an orator in the State Sen
ate. The delegation from that county
consists of Senators Crolsan. Farrar and
Hobson. Neither Crolsan nor Hobson can
make a speech. Farrar has never been
considered much of a speechraaker, but
when he announced his chanee nf vntn nn
the Senatorship, a few days ago, his state
ment or nis reasons for doing so was pro
nounced a very commendable effort In the
way of a public address. Nevertheless, he
cannot bo classed as an orator or ready
debater. At the last two sessions Marion
County -was represented . by Senators
Looney and Adams, neither of whom
could cover themselves or anvbodv else
with glory by their speeches. Their pre
decessors were Hobson, Gesner and Pat
terson, all of whom displayed their rrreat-
est eloquence when they were silent.
tiut iiorion county has been ably repre
sented In the Upper House of tho Legis
lature, notwithstanding the lack of or
atory, in Judgment and political sagacity.
senator Kootn Is tho ble business man
of the Legislature. Besides being one of
the most active men In legislation, he Is
leading Fulton's Senatorial fight and at
tends to enough private business to keen
a private stenographer busy most of the
time. Almost dally during this week he
has met prominent sawmill men or timber
men. and has made deabt which seem
small to htm, but large to the ordinary
person. The annual meeting of the board
of directors of the Booth-Kelly Lumber
Company was held at the Capitol today,
and In anticipation of the formal meeting
a. number of preliminary meetings were
held. A3 all the committee rooms were
occupied, the board of directors held their
meetings in the lobby. Gathered in a lit
tle circle, with a throng of people passing
back and forth around them, they trans
acted business for the largest lumber com
pany In the world. When they held a pri
vate meeting this afternoon, they elected
Frank H. Buck, president: John F. Kelly,
vice-president: J. H. Booth, secretary: R.
A. Booth, treasurer and manager. Lane.
Douglas and Josephine Counties may well
feel proud of being represented in tho
State Senate by the manager of the larg
est lumbering company In the world.
Senators Kuykendall. Fulton. Mulkey
and Daly are the literary critics of bills In
the Senate at this session of the Legisla
ture. With the exercise of the best of
care by enrolling or engrossing clerks,
eirors will sometimes creep Into a bill. It
Is seldom that a bill, if read In full, gets
through the Senate with a sor(ous flaw In
the language. One of theso Senators Is
almost certain to notice the mistake. At
tbe last session Senators Smith of Baker
and Josephl of Multnomah also distin
guished themselves by their careful atten
tion to the language used in bills. This is
work that the outside world never hears
about, but it Is of incalculable value to
the state.
An inspection of the printed calendars
shows that Representative Davey has the
Ayers
'Sarsaparilla
To know all there is to
know about a Sarsapa
rilla,take Ayer's. Your
doctor will say so, too.
He orders it for pale,
thin people. Tested for
60 years.
X.C.AyorCo..
Lowell. Has.
record for the largest number of bills in
troduced in the House. His progeny num
bers IS. Senator Sweek leads in his
branch of the Legislature, with 16 bills to
his credit The number of bills Introduced
by each Senator Is as follows:' Booth 3,
Carter S. Crolsan 11, Daly 6, Dlmmlck 0,
Farrar 0. Fulton S. Hobson 4, Holman 0.
Howe 1. Hunt 4, Johnston 4. Kuykendall
S. Marsters 7. Mays 4. McGinn S. Miller 10.
Mulkey 11. Myers 8, Pierce 14. Rand 5,
Smith of Multnomah 1, Smith of Umatilla
9. Smith of Yamhill 3, Stelwer 5. Sweek 16,
Wade 0. Wehrung S, AVHliamson 7, Presi
dent Brownell E.
The record of each member ot the House
of Representatives is as follows: Bailey
7. Banks 6. Bllyeu 6. Blaklcy 3. Both 6,
Burgess 3. Burleigh 13. Cantrall 0. Carna
han 5, Claypool 0. Cobb 3. Cornett 3. Dan
neinan 1. Davey IS, Eddy 11. Edwards 4.
Emmltt 3. Fisher 1. Galloway 9, Gault 6.
Gill 8, Ginn 3, Hahn i. Hale 6. Hansbrough
3, Hawkins 3. Hayden i Hermann 5. Hlnes
7, Hodson 4. Hudson 0. Huntley 2. Hutch
inson 3. Johnson 5. Jones of Lincoln C.
Jones of Multnomah 1. Judd 3, Kay 7,
Kramer 3, LaFollett 4. Malarkey 4. Miles
2. Murphy 6. Nottingham 5, Olwell 3. Orton
10. Paulsen 0, Phelps 9. Purdy 1. Reed li.
Riddle 3. Robblns 3. Shelley- 7. S'lmmons 3.
Test 6. Webster 7, Whealdon 4, Speaker
Harris 1.
STATUS OF WHITMAN DISCUSSION.
Lecture by Professor Scbnfer nt L'nl
verxlty of Oregon.
UNIVERSITY OF OREGON. E'Jgene.
Or., Feb. L Another of the series of
Saturday evening lectures was given last
evening in McClure Hall by Professor
Joseph Schafer, of the chair ot history,
on "The Present Status of the Whitman
Discussion." The following Is the sub
stance of Mr. Schafer"s remarks.:
"To the historical critic the 'Whitman
question presents four problems: First,
what validity Is there In the evidence
drawn from the reminiscences of certain
men. on whose testimony, unsupported by
contcmporancous doguments, the Whit-man-saved-Oregon
story was first brought
out? Second, what conclusiveness Is there
In the argument frcra siknee on the part
of certain documents, by which some
writers try to prove; that Whitman did not
go East on a political errand nor accom
plish any important political results?
Third, what are the facts of contempor
aneous history which bear upon the ques
tion, and do they support the first or the
second of the above theories? " Fourth,
assuming that our evidence is as yet In
complete, bow can It be supplemented
and. If possible, completed?
"Mr. Bourns has successfully attacked
the first problem. He has shown that the
story was first published by Mr. Spauld
lng, and has demonstrated Spaulding's
unreliability as a witness. He has also
shown that Spauldlng probably Influenced
the other missionary witnesses to the ex
tent that their teztlmony cannot be ac
cepted as Independent Therefore, while
our respect for somo of these witnesses
may give us faith that the etory is not
without foundation. It is futile to build
a historical argument upon their testi
mony, because it can have no absolute
validity that is, it will not be necessarily
credited any further than these witnesses
are known personally.
The second proolem Mr. Bourne him
self lmposesupon us when he asks us to
AILING MEN
WE CAIN CURE YOU
Stricture
Our treatment is
absolutely painless,
and perfect results
can be depended up
on in every instance.
AVe do no cutting or
dilating whatever.
DR. W. NORTOX DAVIS.
More Men Might Be Well
There are scores and hundreds of afflicted men who believe their cases
incurable because treatment In tho past has resulted In failure, and who
through this belief are being deprived of the full and complete health that
might be their?. We do "hot claim that there are no incurable cases, but
that many cases absolutely Incurable by sucl treatment as has been given
them will yield promptly to correct and scientific methods. We will accept
no case for treatment unless we are confident of our ability to effect a com
plete cure.
Contracted Diseases
Improper treatment of contracted
diseases can eaiily bring loss of
power. An examination reveals this
very cause in a very large portion
of the cases of weakness. Linger
ing Inflammation centering In the
prostate gland Is sure to result in
disordered functions, and the con
dition will never be corrected until
the inflamed and swollen gland Is
restored to Its normal state. Wo
thoroughly cure every contracted
disease we treat The remedies we
employ are known to ourselves
alone, ahd no other physician has
yet produced equally prcoipt and
cures.
Varicocele, Hydrocele, Specific
Blood Poison and Piles are among
the list of diseases we cure. We
send our interesting book free, en
closed in a plain scaled wrapper.
Tr M Nnrirtm Hmic & Ct 145i Siiih Sf cer.
YOUNG MEN troubled with night emissions, dreams, exhausting drains, bash
fulness, aversion to society which deprive you ot your manhood. UNFITS YOU
FOR BUSINESS OR MARRIAGE.
MIDDLE-AGED MEN who from excesses and strains have lost their MANLY
POWER.
BLOOD AND SKIN DISEASES. Syphilis. Gonorrhoea, painful, bloody urine.
Gleet. Stricture, enlarged prostate, Sexual Debility. Varicocele, Hydrocele. Kidney
and Liver Troubles, cured without MERCURY AND OTHER POISONOUS
DRUGS. Catarrh and Rheumatism CURED.
Dr. Walker's methods are regular and scientific Ho uses no patent nostrums
or ready-made preparations, but cures the disease by thorough medical treatment.
His New 'amphlet on Private Diseases sent free to all men who describe their
trouble. PATIENTS cured at home. Terms reasonable. All letters answered In
plain envelope. Consultation free and sacredly confidential. Call on or address
Dr. Walker, 149 First St, bet Alder and Morrison, Portland, Or.
accept as conclusive against the Whtt-man-saved-Orcgon
theory, an argument
based upon the silence of certain, accessi
ble documents (letters by Whitman, hl3
wife nnd associates), with reference to a
political errand In the East, while they
are explicit In stating that Whitman did
go home on a missionary errand. The
present paper deals especially with the
second and third problems. It aims to
show the inconclu-iiveness of the argu
ment from silence, so long as the evidence
frcm sources has not been fairly garnered.
It alms to show also that tinder the third
head the facts of contemporary history
support Bourne's theory only so far as
Whltman'3 Influence in raising the emi
gration of 1S43 Is in question. His other
contentions, that Whitman could not have
had a political motive for the Journey,
that he did not certainly try to arouso
Interest concerning Oregon, that he had
no opportunity' to exercise political influ
ence at Washington, that his efforts in
behalf of the emigrants en route were
not of vital Importance, do not receive
confirmation trom the new evidence
brought out in this investigation.
"Finally, although a considerable fund
of new material has ccine to light, the
time is not yet ripe for passing a final
htstorical Judgment on this question. Mr.
Bourne's argument Is plausible and ho
may prove to be right. On the other
band, those who support the saved-Oregon
theory may. In the sequel, be more nearly
right than he 1?. What Is needed Is a vig
orous and persistent search for documents
of unquestioned validity. All who are In
terested In setting the question at rest,
and in doing exact historical Justice to a
worthy pioneer of Oregon, ought to assist
in this search."
LATE NEWS FR03I CAPE NOME.
Town linn 1200 Less Than Last Win
terSales of .Mines.
DAWSON. Yukon Territory. Feb. 1.
The first Nome advices over the ice ar
rived today, over three months en route.
The latest ore dated November 26. Tha
Arctic icepack came In opposite Noma
on November 21. The wind was holding
off the pick, with prospects of the sea
freezing smooth along the shore.
Commissioner Gunderson was reported
seriously ill with pneumonia and hem
orrhages at Kougarok on the 25th. It
was thought he would recover.
Natives on Fox Creek and in Machuck
are ill and destitute from exposure and
lack of nourishment and need medical
aid. It is feared they will perish during
the severe weather. The Nome health
officers are caring for some natives.
Seven are dead in Machuck.
The population of Nome Is 1209 les3
than last Winter. Oregon and Lara
mie Bench claims on Oregon Creek have
been bonded to W. C. Wilkinson for
tlOO.OCO. The Prouty quartz mine near
Bluff City has been bonded for $13,000.
Pay dirt has been found on Willow and
Camp Creeks, In Norton Bay.
Barney Cole his reached Nome from
Siberia, and says promising prospects
have been found in St. Lawrence Bay.
American miners there are hopeful and
satisfied to stay. Cole will return.
Prussian Minister Deadi
BERLIN, Feb. L Herr von del Brueck,
honorary Prussian Minister ot State. Is
dead.
Syphilis
No dangerous min
erals to drlvo the vi
rus to the interior,
but harmless blood
cleansing remedies
that remove the last
taint of tho virus.
sea
"Weakness"
So long as physicians continue -along
the old lines of treatment of
this disorder, men will continue to
be disappointed time and again In
their efforts to obtain a cure. Wo
have found that disorders entirely
local aro responsible for prematura
loss of power, etc, and that there
Is not even the slightest possibility
of obtaining a cure through use of
Internal remedies alone. Our treat
ment Is directed toward the removal,
of all abnormal conditions through
out the organs Involved, and we do
not fall. in a single Instance to re
store complete and permanent ac
tivity of ail the functions.
Consultation Is free, either at of
fice or by letter. We are always
glad to render any advice that may
be helpful. All correspondence is
strictly confidential. Hour3 3 to 5
and 7 to 8. Sundays, 10 to 12.
Alder, PartJuJ, Oitjaa
TWENTY YEARS OF SUCCESS
In the treatment of chronic diseases, such as liver,
kidney -and stomach disorders, constipation, diarrhoea,
dropsical swellings. Bright's disease, etc
KIDNEY AND URINARY
Complaints, painful, difficult, too frequent milky ox
bloo'dy urine, unnatural discharges speedily cured.
DISEASES OP THE RECTUM
Such as piles, fistula, fissure, ulceration, mucous and
bloody discharges, cured without tha knife, pain or
confinement,
DISEASES OP MEN
Blood poison, gleet stricture, unnatural losses, im
patency. thoroughly cured. No failures. Cures guar-anteed.