utUsniMMH
DAILY EAST OKBtiOMAN. I-KMH.KTON. OREGON. MTPltDAT, DECEMBER 8. IMS.
I'AUES.
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f v V- -' vr-v
i, ;i: Mr. ixwvn;
l.ii, N.-tt A'.;fir's i.a ihorr will be :i
red-h.it 'ia'me .f fontliall plnye here
bctwt-cn, thy Ii Ctrandi- .rl.wn anj
RtX'iatl"ii. H will hv ihf r.'turn game
for tho on? playfl at (Irande on
WiriKtmiu day. when the sc.ir.. was 6
to 0 tn favor of Pendleton.
Aj may be iwn from the uccom
anyinK illustration of tho Ii Orande
teAm. tho "niMitriii.serti" are a heavy
, Kgregntioii. Tho back field especial
ly is we4Khty. tho avonieo being close
' to 100 pounds. AIo, several of the
STORY OF OREGON'S FAMED SWAMP
Gorftrnor Chamberlain and Attor
ney General Crawford each received
yesterday a printed copy of the orig
inal bill of complaint of the state of
, . Oregon ad complainant against Ethan
A: H;t!:-o-!, "pretary of tho interior,
'.WOT ' nirhards. commis
vfoneni of the general land office.
Hied In the United States supreme
court for the purpose of having re
viewed and it possible reversed the
1 ' "'ruling' of those two officers In reject
tag the claim pf the state of Oregon
'"111 EK.Z8Z acres of swamp land located
"wtlhln tho Klamath Indian reserva
- Hon and allotted to Indians under the
act of 18S7 and 1831. say the Salem
statesman.
This case will be an interesting and
important one, as it will settle a ues
, Jjoij OiiiJ hojj not been adjudicated by
(he hlghcY fourls
The swamp land act, us extended to
Oregon,- was passed by congress In
1SG0, and up to that time the Indians
occupied the region of this dispute by
the tenure of aboriginal occupancy
only, nor was there any treaty, agree
ment, law, regulation, order, procla
mation, promise or othpr act done by
Hie United State whereby the said
aboriginal tenure and title of the In
diana had been altered or In any way
rendered more valid or more definite
ur permanent, therefore the state
fltalma that at that time the lands
were the property of the United States
and subject to bo granted by congress.
It was not until 1864 that the treaty
was made with the Klamath, Modoc
and Yahoowkin Indians, whereby the
tract of country embracing these
lands was made an Indian reservation
FIRST FLOUR MILLS III TIE PACIFIC HDRTHWEST
Te first two mills in the northv if'
were built by the Hudson Hay v t
puir. one In Vancouver and the ot'.ii
at Oolvtlle. writes M. Kels. a plnre v
Miisjionary of the northwest. W:i
tfce one at Colvilln was built I h:i
keen unable to learn: the one at Va .
coaver waa built in 1836. When th t
company took possession of this ccui -try,
as far as the fur trado was cor -oerned.
In 1821. however, was the.
headquarters.
In 1824 they determined that Van
couver would be a better place, es It
would be nearer the Inland poets, and
also because ther waa far better
agricultural land there. It however,
took until about 1831 for the com
pany to completely move everything
ta mat place.
At first. In order to obtain flour,
t-r used a great hollow stump, in
which wheat was pounded with a
firiair pole that worked a heavy pes
tle. They had there In theic employ
a Kentucktan named Cannon, who
kad come to the coast In 1811 In con
nection with Astor's expedition, who
was a blacksmith and was quite ln
gnntow. VyTien the wheat production there
outgrew the great stump and pestle,
Oaunon came to their relief and
made a flour mill, procuring his burrs
from the granite in the hills nearby,
and hy rigging wheels and cogs he
bad a power that took four yoke of
rattle to operate.
lAter they had an Improved flour
mill sent from Kngland. Previous to
1126 they brought their flour from
Hkigtand.
When Dr. Marcus Whitman und
Kev. H. H. Spalding came to the
roast In 1836, they at first obtained
tlirtr flour from the Hudson Bay
company. It being worth $24 a bar
rel at Or. Whitman's In the Walla
Walla valley.
In I6 four more mission families
run. (among them being Rev. Cush-
am w hu m wua, im.ay iikiie jantak y i
players have been star on n.irthwe.-u ,
colleire teams In the past, and conse
quently are not lacking In experience.
The line-up of the Ua Grande team
aa Riven yesterday to Manager Milar
ky, is as follows:
Harris. Robertson. Drlskeld. Gilll
lan, Laughlln, Cayler. Halley. Myers.
Wilson, Pay, Outtridge. Allstott.
Swackhammer and Grant. Manager
Cotner will also come over with the
team.
However, while outclassed by lii
Grande In weight and sizo, the Pen
dleton players believe that with their
superior team work and the fact that
LAND CASE
and from that time until 18il Is was
occupied as such in aboriginal stylo,
without "y pretended or asserted
permanent title thereto.
The contention of the state Is that
the United States unquestionably own
ed the land when It granted the
swamp land to the state of Oregon in
1869, anil that the treaty made with
the Indians in 1864 did not in any
manner divest the state of iu rights
thereto; that consequently tho state
has a right to all lands within that
territory which can be shown to have
been swamp lands at tho time the act
of congress of 1S60 went into effect.
land office and the secretary of tho
interior had no power to allot any of
such lun ls to the Indians under the al-'
lotment laws of 1887 and 1891. The
decision of the general land office on
this question in 1903 said, among
other things:
"The allotment to an Indian of a
tract of land in a territory over which
the Indian right of occupancy has not
been extinguished, and the perfection
of such allotment has the effect of
making his right of occupancy perpet
ual, and therefore, reserves the land
from the operation of the swamp
grant."
It Is also held In the decision of the
Interior department confirming tho
decision of the general land office
that the reservation of 1864 was made
pursuant to the law passed in 1848,
which established the territorial gov-
FVIs and wife), all of whom wln
i; there. During the winter they
t .' tiiul a "baking of bread" once
et k. It was Keiietully gone by the
I day. and then they c.ooke I corn
eat whole.
ir. Whitman built a flour mill at
place In 1S39. There Is nothing
tils writings, as far as I can find,
- tells us about the building of it.
'" J. Farnham reached this place
'(rot September 23. 1839. In do
ciiblng the premises ho says (p. 21,
Travels In the Great Western Prair
ie"): "And last to the grist mill on
'he other side of tho river. It con
slated of a spherical wrought iron
burr, four or five Inches tn diameter,
surrounded by a counter-burred sur
face of the same material. The spher
ical burr was permanently attached
to the shaft of a horizontal water
wheel.
"The surrounding burred surface
was firmly fastened to limbers in such
position that when the water wheel
was put In motion the operation of
the mill was similar to that of a cof
fee mill. It was a crazy thing, but
for It the doctor was grateful. It
would, with help of himself and an
Indian, grind enough in a day to feed
his family a week, and that was bet
ter than to beat It with a pestle and
mortar."
After Dr. Whitman had left for the
east In the fall of 1842, his mill was
burned by the Indians, In November
of the same year. Whether it was the
result of carelessness or design Is not
known, it was said that two hoys,
known to be of malicious habits, were
fishing and threw fire down on the
bank of the river, which communi
cated Willi some straw that was lying
near the mill.
The sensible portion of the Gayuse
Indians felt the loss deeply, so did Dr.
and Mrs. Whitman, for much of their
living came from It. while many
others were benefitted by It. About
they are In fine condition from long
practice and much gymnasium work,
they will again be able to win. Hut
while believing this, Manager Mllarky
is doing everything possible to
strengthen his team. While it Is Im
possible to tell the exact line-up of
the local team, it will be made up
from the following:
Fullback, fUortc; right half. Pierce
and H. Thompson; left half, Jim Hill
and J. Thompson; quarter. Strand;
center, Coon; guards, Baker, Hoskltls,
J. Thompson and Harris; tackles,
Seott. LyUe and Means; ends, Kelly,
Strlcklln and George Gray.
ernment of Oregon, In which the In
dians' title or right of occupancy was
expressly recognized, and therefore
the swamp land act of 1860 being sub
sequent thereto was subject to the
reservation made in 1848.
The state of Oregon seeks to have
those decisions reversed and i that
"this court will hy its decree declare
that the title of the United States to
all the lands included within the res
ervation created as hereinbefore
stated by the treaty negotiated In the
year 1S61, and called the Klamath res
ervation, which were on the 12th day
of March, 1860, swamp and overflow
ed lands, and thereby rendered unfit
for cultivation, passed to and became
the property of the state of Oregon by
virtue and operation of the act of con
gress approved, on said last named
dale; ami that the title to such lands
is now in the said state, subject only
to such right of temporary and ter
minable occupation of such lands as
may exist In the Indians at present
occupying and Inhabiting the said res
ervation and not subject to be defeat
ed by any allotment, patent, agree
ment or other arrangement having
the purpose or effect to make such
occupancy permanent or otherwise to
Impair or prejudice tho said title of
the said state."
Hesldes the 55.282 acres of the
swamp land which havo been allotted
to the Individual Indians, there are
37,096 acres more Involved, which
are within the Klamath reservation,
but not yet allotted.
This Is the list of lands of whose
swampy character In 1860 evidence
was submitted by affidavits of D. P.
201 bushels of wheat and corn and
some flour were burned at the same
time.
When Dr. Whitman returned he
rebuilt the mill, procuring stone
burrs, which ho obtained from some
granite quarries, on Snake river, now
owned by ex-Governor M. C. Moore.
After the doctor was killed, In 1847,
the mill was for a long time In a di
lapidated condition, and at last the
stones were, taken to Fort Colvllle and
used In a Tour mill on the Colvllle
river.
After a time the mill waa aban
doned and tho stones disappeared.
They had been seen many years ago,
but no one paid any attention to
them. Senator Ankeny afterwards
took much Interest In them, and had
several men looking out for them. At
last Sheriff McMlllen concluded that
they musi be In the bed of the river
near where the mill had stood, and
explored It.
He succeeded In finding six pieces,
which, when put together formed
about three-fourths of tho low3r
stone, with a part of tho Iron frame
that held them together. It Is said
htat they wcro cut by Whitman's own
hands. They were found last winter,
and Senator Ankeny presented them
to Whitman college.
Kev. H. H. Spalding was tho next
one to build a mill, and this was put
In operation In January, 1840 at Lap
wal, Idaho. He had considerable dif
ficulty In finding suitable stones, his
search having been for nearly a year,
as he begun In February, 1839.
The first quarry to which he sent
he found too much Injured by flro.
The next one was too far away, on
Snuke river, near the Tukannon;, but
in November he found some near his
home. A man named Blair dressed
them and made the water wheel. One
of these Is In the museum of the
Washington Historical Society at Ta-coma.
Just One More Week of. Pianos
and Sewing Machines at Cost
On account of going out of business I will make you a geauln
saving of from $50.00 to $100.00 on a Plana.
There are no higher giado Pianos made than the
STEINWAY, A. B. CHASE. EMERSON
And olher standard made high-grade, guaranteed Inslraments.
Twenty-five per cent off on all Sowing Muchlnc..
I am going to retire from business and am stilling goods at cost.
Get those gift pictures framed. Frames made to order at half
price.
ess
Main Street,
Dyers' Best Flour
Is made from the choicest wheat that grows. Good bread Is as
sured when BYI3HS' BEST FLOUR U used. Bran, Shorta, Steam
Rolled Barley always on hand.
PENDLETON ROLLER MILLS j
W. 8. BYKItS, Proprietor. t
The Kitchen
Cnusd Wars has proven a boon to the homos aa M can be
cleaned with anon ease, la so aaUafoc-tory and aoavnileat. I la lasting
analitlca nave provoa the economy of afltn oar enamel ware a boat
Uia house.
- Onr empcrtur grade of Enamel Ware ffUs the wants of the
kitchen hi the way of Pans, Palls, Kettles, OofTre Pots, Teapot ete.
A complete Hne to select from. Onr enamel ware li made of
extra heavy seamless steel with an extra coating of enamel. Will not
heck or seals off.
Goodman-Thompson
Hardware Co.
FURNITURE, STOVES. PLUMBING
643 Main Street,
Thompson of Portland, General W.
H. Byars and General W. H. Odell of
this city, and Goorge Mercer, which
evidence was certified to as satisfac
tory In 1902 by Henry Meldrum, then
surveyor general of Oregon.
The complaint Is signed by Andrew
M. Crawford, attorney general of Ore
gon, and William B. Matthews, spe
cial counsel, and Is verified by Gov
ernor Chamberlain.
Catholic Church Soils Realty.
One of the largest sales closed up
through a real estate agency in Boise
for a long time is the one that has
been consummated by W. P. Richards.
The property Involved was the north
half of block 62 in the original town
site on Jefferson street between Ninth
and Tenth. The purchase waa made
by Robert Noble, who secured the
property from Bishop Glorleux of the
Catholic church. The consideration
was $38,000. Tho only building on
the half block is the residence of
Bishop Glorleux. Mr. Noble will take
possession and will occupy the resi
dence as soon aa tho bishop can move
Into the new residence he Is having
built on Ninth and Hays streets. The
money received from tho sale will be
applied toward the construction of the
new cathedral which Is now In prog
ress of erection. Boise Statesman.
Furious Fighting.
"For seven years," writes George
W. Hoffman of Harper, Wash., "I
had a bitter battle with chronic stom
ach and liver trouble, but at last I
won, and cured my diseases, by the
use of Electric Bitter. I unhesitat
ingly recommend them to all, and
don't Intend In the future to be with
out them In the house. They are cer
tainly a wonderful medicine, to have
cured such a bad case as mine." Sold
under guarantee to do the same tor
you, by Tall man te Co. and Brock St
McComas.
Dayton Creamery In Operation.
The new creamery has started up
and the butter turned out is a fine
article, which Is to be found In the
stores of local merchants. The capac
ity of the plant Is large enough to caro
for the milk of 1000 cows, and though
the milk of less than 100 Is delivered
Just now, a big Increase Is expected
after the first of January, when many
who have been shipping their cream
away to other points will deliver to
the loco) creamery. Mr. T. F. Gib
bon, of Pennsylvania, is In charge. He
will remain a year at least, and has
had 16 years' experience. Dayton
Courier-Press.
Before we blame a boy for pre
ferrlng tho streets we niuko some In
quiries about his home and his 'athnr.
I
r
near bridge 1
4
5
:
4
4
4
I.M
Rough skin and cracked hands are
not only cured by DeWltt's Witch
Haxel Salve, hut an occasional appli
cation will keep the skin soft, and
smooth. Best for Enema, Cuts,
Bums, Bolls, etc The genuine De
Wltt's Witch Hazel Salve affords Im
mediate relief In all forms of Blind,
Bleeding, Itching and Protruding
PI lea Sold by Tollman ft Ce.
Headstrom & Greenawald, shoe
makers at Teutsch's Department store
LOST
fxMt A bay mare weighing lm
pounds, branded IT on left stifle anc
89 on left shoulder; and a strawberr;
roan gelding weighing about lOfs)
pounds, branded U upside down oi
left shoulder and a right angle scat
on loft hip.. A suitable reward wit'
be paid for the return or Informs tioi
leading to their retarn to A. H. gnn
dernian. Pendleton. Oregon.
THE POPULAR PliAOcT TO
EAT IS THE
The French
Restaurant
Everything served first-rises.
Ilest regular meals la Pendle
ton for 3a cents.
SHORT ORDERS
A SPECIALTY.
Polydore Moens, Prop.
W.D.FLETCHER
niB PICrEEIt WATCHMAKER
SU JEWELER. 101 Court Street
Jewelry iu.de 'to order. Weddlnf
rings a apod-lty. All work gnaran.
teed.
RoslynCoal $6.50 deliv
ered, $6.00at the shed
Raalyn Ooal, after thorough
exhannilve tests, has been se
leelcd by tbe V. S. government
for the use of Its war vessels,
as It stfMMl the highest test.
PROMPT DELIVERY.
ItOSLYN WOO COAL CO.
PHONE MAIN If.
il
OREGON
amd union Pacific
TWO TR.M'9 TO THE EAST II AIL
Through Pullman utandurd i"
Tourist Sleepers dally to Omaha mi
Chlcaao: tourist sleener rlnliv i k...
aa City: through Tullman t-urin
sleeping cars t personally roninj'.'i.'.
weekly to Chicago; rei llnli.g i l.r.f.
cars (seats free) to the Fsst ditly
TIMK KC'IIKIH'I.K FIld.M PKM I.P
TON.
KASTHOtrxD.
No. 3, Ch'c'ugo Special, arrive (.If
p. m.; ;lepa-t. 6:40 p. m.
No. I. Mall Express, irrlrm
p. m.; departs, 6 a. i. .
rlSTMOUND.
No. 1, Porttonl Special, srrlvi, 8.1
a. m.; depnrts. 8 60 a. in.
No. B, Mall A I'xprcss, arrive II
p. m.; departs, 11 p. m.
SPOKANE DIVISION.
No. 7, Pendleton passenger, airlrr
5:35 p. in.
Ne 8, Spokaas passenger, dejirts
I m.
WALLA WALLA BRANCH.
Special pnsrengnr arrives 8:4 0
m.: departs 5:45 p. rn.
Morning train connects with Nn. 1
Evening train connects wliu No. I
No. 7 connects with No. I.
OCEAN AVT IlTVFn WlTTTin nj
FROM PORTLAND.
All sailing dates subjects to changj
For San Franclsco every flvs days
SNAKK RIVER.
Rlnarla tn Twla'nn T ni ,
dall. except Saturday. 4:06 a. m.
imv Lwiton dally, except Fri
day, 7:00 a. m.
H. C. SMITH. Agent. Tenrti.ten
YOU WILL BE
SATISFIED
WITH YOUU JOURNEY
If your tlrkets read over the Den
ver and Rio Grande railroad. U
"Scenic Line of the World."
BECAUSE
There are so many scenic attractt.aa"
and points of Interest along til line
between Ogden and Denver thai tb
trip never becomes tiresome.
If yon are going east, writs for in
formation and get a pretty book thai
will tsll you all about It
W. O. H'BRIDE, General Arent.
114 Third Street,
Portland, - Oregon
RUNS PULLMAN SLEEPING C.'.
ELEGANT DINING CARii
TOCIUST SLEEPING CAR
BT. PAUL
MINNEAPOLIS
DULUTH
FARGO
TO I GRAND FORK-
CROOK8TON
WINNIPEG
HELENA and
BUTTE
THROCGn TICKETS TO
CHICAGO
WASHINGTON
PHILADELPHIA
NEW YORK
B08TON
And all points East and South
Throng tickets to Japan ssd China, vis
Tacoma and Northers Pacific fUAansV
Co, asd Americas Use.
TIME SCHEDULE.
Trains leave Pendleton dally except
Sunday at 6 p. m.
For farther Information, tine ears.
spe and tickets, call on or writs w
Adanu, Pendleton, Oregon, or
A. I. CHARLTON,
ntrd na Vorrleon Bts.. Portland, Of
Washington &
Columbia River
Railroad
TAKE THIS ROUTE FOR
Chicago, St. Paul, St. Louis, Kansa
City, St. Joseph, Omaha and
ALL POINTS EAST AND BOCTH
Portland and Points
on the Sound.
TIME CARD.
Arrive Monday, Wednesday and Fri
day, il: It p. m. On Tuesday, Thurs
day and Saturday, 10: It a. m. Leave
at I p. m. dally.
Leave Walla Walla l.ii p. ox lot
east '
Arrive Walla Walla at a. m. .rom
west.
for Information regarding rntet an
accommodations, call on or address
W. ADAhH, Aieat,
Pendleton, Ores"
I. B. CALDBRH1AD, Q. P. A.,
Wtlla Wslls, Waehlngton