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MADRAS, CROOK COUNTY. OREGON, THURSDAY;. OCTOBER &6, 1905i
NO. 10
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JUDGE HUNT ON. THE
HOMESTEAD LAW
the Man Who Piles with IfonQst In
s tentlons will Ue Protected.
In Ills chuiKo to the jury in
tho Jones-l'ottor-Wutlo land
fraud calva in thq .fedaml court
lust wuok, Judge iitint gave an
exhaustive discourse upon the
uomtiuteiid law. For the benefit
of tho many readers of The Pio
uoer who are settlers upon gov
ernment land, we publish that
portion which has reference to
tho requirements as to residence
and cultivation, and which is a
clear exposition of the home
stead law. . That portion of the
charge which has especiaj bear
ing follows.
Vu now turn to tho home
stead Jaw, whidh it is charged
was violated by means of al
leged false, illegal and fraudu
lent proofs of settlement and
improvement by the entrymon
named in tho indictment.
A valid claim under thp home
stead law must invuriably rest
upon tho essential foundation ol
good faith upon tho part of the
claimant toward tho Govern
ment of tho United States.
Tho grcjat object of.thejhome
stead luwa of the United States
was to grunt land to actual bona
lide settlers, persons making
settlement upon tho public
lands for use as homesteads and
to .encourage , residence upon
cultivation and Improvement of
tho public dpmain,
Now, when it comes to final,
proof tho applicant is asked,
among other things, when his
house was built on tho laud and
when he, established actual remi
deuce, and of whom, his family
consists, and whether the nppli
cant and his family resided con
tinuously on the land since first
establishing residence theieon,
and for what perior or periods
he has been absent from the
homestead since making settle
merit; and if temporarily absent,
whether tho applicants f.tmiij
resided upon and cultivated the
land during such . absence; how
much laud has been cultivated
as to tho character of. tho land:
whether ho has sold, conveyed
or mortgaged anytpoition of the
laud, and othef questions ap
pearing in tho testimony on li-
HENRY Jf, KUCK
MAKUKApTl'lUUt Op
Harness and Stock Saddles
COWllOY OUTFITS A SPECIALTY.
. Peajor In Collnrn, Whip, Hobos ntiilHKGti-
crai linu of norm runiwiilnir uoodt, tuiiim
Awnlngn nml Wngon Co van. All work gnur-
- i i . i -
KABCWna8t, " TIIHvAO.ES, Oro
ATERS
eoi line In Madrat
Thte rrjo4teoit line In Madrat
FURNlTUnE. UKDERTAKING GOODS.
j. " L . '
A ton of .Barlif d Wire to dlsposn of at
afo(r iuo for oasm
NOW U THK TMK to 1HA Wo tiro
hvtllug (Hit nil old Mock nt ii out prk'C
OARKT SAMPLES AND RUCS
C. R. LOUCKS &CO.
Ma drat, Orgori 6th & C Sts.
Harnes Shoo :
6. 6. IlARKIN, Pro'p.f
ciitoE uftE tfmw AND Sti'
HI ! MUWlBI I
HE
ht qujOity of Ripilrlap
1 "
mn prooi, )ntencleU to elicit
proof a8 to whether the appli
cant has complied with the law
as a boha lide owner, as an
actual settler.
Good faiti means honesty it
is tho oppoalto of bad faith, and
whether it existed or not is a
question for you to determine,
considering all tho facts and
circumstances bearing upon the
acts of tho homestead appli
cants.
To establish a residence as re
f .1 1 . ii i . -
quireu oy ine nomesteaa law,
there must be a combination o
act and mteii, tho act of occu
pyirig and living upon the
claim and the intention of mak
ing the same a home to the ex
elusion of a homo elsewhere
Inhabitancy must exist in good
faith, it is not a compliance
with the homestead law for a
man to file on a tract of land
wilh no intention, of making i
ins Home, with no purpose to
live there, with no intention o:
cultivating any part of it and o
acquiring it for a place to reside
in. Occasional visits made for
a few hours,, or for,f.(day or
two, every cix months, to
a
claim taken, up-as just stated
and made solely for the pur
pose of complying technically
with the law, do not constitute
. . lit i
a compliance w:iu ine siatutes
On the other hand, if a man is
really in good faith and means
to eslablislra homestead and in
good faith settles upon the land
and cultivates the same, and
fixes his homo there, the law
will sustain him in his applica
tion and proof even though he
be absent for not more than six
month from such home, such
absenco being in good faith
with intent .to return to his
homestead and being reasona
bly necessary to 'enable him to
maintain himself and his fam
ily, or he would be excused if
temporarily absent on account
of sickness, or.unnvpidable cas
tialty or necessity occurring af
ter he has established residence
on tho land.
Crook Co.. Journal: Don P.
Ilea, U, S. Commissioner at Mad
ras, was in the city several days
this week on legal business.
Mr. Ilea stated tfmt land sales
continued active in tho Agenc
Plains region and the district
had been given an added stim
ulus throuirh the work of the
. u
raihoad surveyors who have es
tablished camp at Madras
Thev are from San Francisco
v
and have picked up tho old sur
voy of tho Columbia Southern
which will be followed down
through Bend to Klamath Palls
thence into California to con
nect with thoijiorthorn lino run-
ningi otit from San Francisco,
Mr. Roa stated that another
crew of engineers began work
this week at the O. R., & N.j
bridge which crosses the mouth
of tho Deschutes, and they are
surveying a line up the canyon.
of tho latter stream, vvnero
they are Headed for or by w.Jose;
direction no ono sooms to know.
Ve nre biriden to a "boiiuet social" at
the Madras school house Ye" Hallowe'en
evcnirife,' bell 3i when Ye dock' strikes
eight, fiiven by Ve LadieJ ' Aid Society,
pumpkin pies served (.by 'pecial arrange'
nlenu) nlso sandvvifches' pickles and cof-
Ycb. Several linve conscnteu not to sing.
Dont let any body stop ye on the wajd
'K not present at 0: 1 5. search ivarrnnt
-111 be sent for ye. . , .
Ceo. Dodd, a Wnsjpo coiliily jrwncher,
wnp lives near tno hchu u luivv,Ujwi.i
ty,in MRdras "siverat ''days' the
week. Ht W 'Duytf F '
MMl not find many for sale in this
acuity,
5000 NOW? 50,t)00 LATER
Larpc Potcc of Men to Uc Used In
Building the North Hank Road
and Otljcr. Railroad Pro
jects M Oregon.
1'ortland Journal.
Five thousand men will be
wanted immediately by Simms
& Shields, the St. Paul contract
ors who will build the road
down the north bank of the Co
luinbia river for the Northern
Pacific, and 60.000 laborers will
find employment soon ia the
Pacific Northwest in the con
struction of the various new rail
way lines that are thought now
to be reasonably sure of being
built.
Simms & Shields will distrib
nte to their 5,000 men approxi
mt'tely $300,0,00 a monthj or not
less-than $3,000,000 before thei
contract is carried, out: while
the 50,000 laborers wanted on
all the projected lines of rail
way will diaw in wages not
much less than $100,000 a montli
or a total of from 85,000)000 to
$7,000,000 before the work is
completed.
.Added to this enormous sum
of money to be distributed to
the workingmen by the railway
companies will be the immeuse
sums paid out in the purqhase
of supplies and materials, most
of which will be bought in Port
land.. However, not all the money
expended for material or sup
plies will go to Portland busi
ness houses, for scores of other
towns wiil receive benefit. There
will be large purchases at points
near the many camps of con
struction gangs, and, the pros
perity, induced by the railway
constructioni will be diffused
throughout the .entire North
west. Inasmuch as most of thg
new lines are projected in Ore
gon or in territory that makes
Oregou towns the natural pur
chasing point, this state will
feel the influence most favora
bly, and .the injection of so
many millions of dollars into
the local money circulation will
cause a wonaeiint lorwara im
petusi In the. opinion of con
servative financiers these con
ditions alone are enough to fore
sall absolutely all possibility
of a reaction after tho closing of
the exposition
Simms & Shields are peculiar
in tneir metnocis oi nanaung
men on construction work. In
stead of issuing time checks to
be cashed in the usual manner:
with brokers buying them at a
discount, they will pay then-
big force of men every night in
cash.
"Wo have found that this is
the bettor way to pay our men,"
said L. Ei Shields 'today. "It
lolds the men bettor- and saves
them from the loss of the mar
gin that they usually- pay to
brokers who buy up tune clleoks
at a discount. When a man
cnows that lie is to get ins pay
t !il '
every nmnc no worus wnu:
greater energy
w -
The Union Sunday school last Sunday
elected Mrs. J. K. Craig as superintend
ent and Mfs. Ellis as assistant superinten-
ent to fill Ihe unexpired terms of H. H ,
Curtis and II . F. Borden, who are Jeav,-
ng (his community. Miss Lizzie Conroy
was selec;ed for organist.
fudge F. J. Drooks $pW.t several days
ijj irif)evi!le dining the past week, attend-(
mg"dyurt as a witness in the case against;
Corbel Bote, who was convicted of the',
murder of lite Indian Stikonal Judge
IJrooks returned home on Saturday even
ing. ' .
v , , ,
J6hV Lockard returWwV lat wwk
frWit a several diys vUit to the Lewis and
Clark Fair at Portland.
fWewiiiBuffour
OUR NEW FALl
Ladles' nu(j,CfillJren'8 liatr, Cap? nbel Bon'tiCta
uy a now jacket. All going at Half I'rlco
Erery mail teds a new Pall E Come in ana Oars
Wo can He you out lu any kind of a Suit, from a
Sundav RulLto a Mackinaw
X
IUY A NEW
Before tiie
t AM Dont Forget We Seli a t
X Nice; Clean Line of Groceries X
LfiNA M. LAMB; Prop'.
.i....Palmehn Bujldlng
ALRAS;. .OREGON,
ASSIGNEE'!
r. Tjie entire stock of goods of T
T. ;k $iXkL6y & cotvipanV
i's'-pffered by trie undersigned at
.jprjoes faV below their worth for
Casnl --
11 pieons Indebted, o saici;firm
are- requested to make settfment
to me.
j. M. FOSTER
for the Merchant's Protective Association
ras
adrar Flour
use 111!
PEICE:
5-bbh Lotsi $4i40 par
Single bbL, 4t50 per
Bingld Sack, 1.15
Mill feed and chopped feed always on hand
Market price paid,
All Products of Mill
FULL STOCK GROCERIES also BOOTS & SHOES
New Goods .Allying Dairy
CRUU RXia SEE US, OU PRICES HfE PLIGHT
- -
MADRAS MILLING. & MERCANTILE GO,
Madras, Oregon,.
ME
FOR SIXTY DAYS ONlAIJI
BOOTS, SHOES, .CLOTH l-NGl
j'i
bf'H kinds, "We nlso carry a full and complotollne of Groceries
Vull HanlwRttf.. Vgeuta for Jfohell Wagonu, Hnokn', ftugules,
C'arlHj PIowh, HarneBa, Drills ahd all kluda of farming ltnplomonls
nnU tools.
JOHNSON, BOOTH & CO;
Mairi hi; PHnevliie) Ort
2 1 I. W
GOODS ARE HERE
t
PAIR OF SHOES :
- wt -weatlxer
ii ' ii'ii
o en mius
SALE
Patronize Home Industry
bbh
bbi,
for
wlxeat
Sold at Store Only
Sale