East Oregonian : E.O. (Pendleton, OR) 1888-current, November 13, 1906, DAILY EVENING EDITION, Image 3

East Oregonian : E.O., November 13, 1906, DAILY EVENING EDITION, Page PAGE THREE, Image 3

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Newspaper Page TextPAGE THREE. EIGHT PACES. tfktLt EAST OREGOXIAV, PENDLETON, DREGON, TTESPAY, XOTEMBEtt 18, 10. COL RALEY EXPLAINS (Continued from page 1.) an act of March 3, 1905, which has been known and referred to na the Fulton net and which rends as fol lows: Torma of tlio Fiiltnn Act. "That all persona who have hereto fore purchased any of the lands of the Umatilla Indian reservation nnd hnve mnde full and final payment thereof In conformity with the acts of con gress of March S, 188B, and of July 1. 1902, respecting the salo of such lands, shall be entitled to receive patent therefor upon suhmlttlnn sat isfactory proof to the secretary of the Interior that the untlmbered lands so purchased are not susceptible of cul tivation or residence and are exclus ively grazing lands, Incapable of. any profitable use other than for grazing purposes." This act, known as the Fulton act, was first Introduced by Senator Mit chell during his time In the senate, nnd paused the senate, as I was In formed, but failed of consideration In the house, consequently did not pass until taken up by Senator Fulton later. A draft of tills bill was sub mitted to Special Lund Agent McNutt, who was In charge of this district at the time, and met his approval. Ijiter on. nfter Cnntnln Alexander wns placed In charge, a copy of this bill was submitted to him. I cannot say thnt It met his approval. Captain Alcxnnder simply remarked that he dbl not consider himself In n position to advise one way or the other as to the merits or necessity for the hill. After the passage of this bill very many of the purchasers advertised In the regular way for making final proof, and at the expiration of the ad vertised notice, went before the reg ister nnd receiver at La (Irande, In each case wit It two witnesses, nnd submitted proof of the character of the land, If the land was capable of residence or cultivation the proof so showed and. if not, to the effect that It wdas not susceptible of agriculture nor residence, proof was submitted. SYTdnry of Interior Suspicions. It will be remembered that the bill provided that proof should be made satisfactory to the secretary of the Interior. So many of these proofs being submitted apparently created a suspicion In the mind of the secretary of the Interior that the law was be'ng abused and, ns I hnve been Informed by some of the "specials" here, they nre here directly under Instructions from the Interior department to Inves tigate each separate purchase and entry ns to the character of the lnnd nnd ns to whether or not It Is, In fact, agricultural or Is only susceptible of grazing. The statement In the Journal thnt these lands are producing fin bushels of wheat, or any other nmount of whent whntever. Is absolutely false. I know from my personal knowledge that no proof has been submitted to the register and receiver nt I-'i Irainle, showing the lands to be grazing lands only, upon which there hiis U en any crops of value raised. Some lands squatted upon upon the hlg ridges along the .creek bottoms produced crops, but In each Instance proof has been made upon these lands showing resilience and cultiva tion, ns required by law. Col. Haley's liiilh lilual l'ni'i'luKix. Nmv. with regard to my own pur chase of these lands at the first sale under the act of 1SS5: I bought ItiO acres of untlmbered bind near Pen dleton, upon which I resided continu ously for nearly 12 years and received patent. At such sale I did not pur chase any timbered lands. At the last sale I applied to purchase -10 acres of untlmbered lands and I" acres of timbered lands. The Interior depart ment decided that having made one purchase of untlmhered lands at the first sale. I wns not again entitled to purchase untlmbered land at the sec ond sale, lint might at the second sale purchase 40 acres of timbered lands to go with my first purchase of un tlmbered lands. This question was taken In fore Judge Wolvei ton nt Portland, of the federal court. In the case . of Hoover vs. Jones, nnd the ruling of the Interior department wns confirmed by the opinion of Judge Volverton. I thereupon relinquished to the government the 40 ncres pur chased by me at the second sale nnd for which I hnd made payment, nnd applied to the government for the re turn of the purchase money on the 40 ncrcR so relinquished, nnd on day be fore yesterday received notification from the Interior department that my clnlm for the return of purchase money hnd been duly allowed. This Is the only lnnd of nny kind or ehnrncter. In which or upon which I mnde nny purchase or nny contract for purchase, either directly or Indi rectly. However, myself and John Crow (named In the Journnl article) did furnish several persons the money with which to pay the government both the first, second and third pay ments upon the lands purchased at the second snle, and did nlso furnish the money to fence the lands and for other expenses In connection there with, and did soon nfter the purchase (I think In the fnll of 1902 and the spring of 1903) enclose the lands for which we hnd furnished money to pny the government, with a three-wire fence, and this enclosure has ever since thnt time been known as the Crow- Ralev pasture and, as I am well aware, hns been the subject of quite a good denl of comment. These untlmbered lands so fenced were, all of steep, bluffy character and not capable of any sort of cultivation In nny instance or under any circumstances, or of any rensnnable residence, and were ex clusively and solely pnsture lands, nnd nt the time they were fenced, of a very Inferior ehnrncter of pnsture, Upon each of these tracts of land we advanced the money to ine pur ehnser with which to pny the govern. ment nnd took a lense, of one of which the following Is an exact copy. the other were exactly the snmo ex cept perhaps, as to the amount ad vanced, the description of the lands, the date and the names of the parties: "Grazing Lrase. "This agreement, made this 8th day of November, 1901, by and between Clyde E. Finch, of Umatilla county and state of Oregon, the party of the first pnrt, nnd J. H. Haley, of Uma tilla county, state of Oregon, the party of the Rocond part, wltnesseth: "Thnt the said pnrty of the first pnrt, for and In consideration of the sum of $287,110 to him In hand paid by the said J. H. Raley, the receipt whereof Is hereby acknowledged, has leased nnd let nnd does by these pres ents lense and let to the said J. H. Raley or his administrators, executors or assigns, for the period of 10 years, beginning on the first dny of January, 1903, and ending on the first dny of Janunry, 1913, the following de scribed premises In Umatilla county and stnte of Oregon, to-wlt: "Enst hnlf, northwest qunrter nnd enst hnlf southwest qunrter, Sec. 8 Tp. 1, H. R. 34, E. V. M., and 8. E. 4 N. W. 4, Sec. 32, Tp. 1, North Itnnge 35, E. W. M. "It Is especlnlly agreed by nnd be tween the parties hereto, however, thnt the snld party of the first part reserves to himself nnd for his own use the full right nnd privilege to en-' ter upon nnd reside upon said tract of land, or nny pnrt thereof, and to cul tivate the said lands not to exceed 25 ncres thereof, nnd to enter nnd re mnln thereon for the purpose of doing nny nnd nil things necessnry to fully comply with the requirements of law respecting the said lands. "And It Is mutually agreed by and between the parties hereto that the said second party shall use snld lnnds for grazing purposes only, nnd this Is Intended to be n grazing lense. "It Is further mutually agreed, how ever, that for the purposes of clearing said land of nil timber growing there on, nnd for the purposes of getting It in condition to wed to tame grnsses, that the party of the second part ipay, during the continuance of this lease, haye the full privilege to cut and remove nil timber from snld lnnd nnd In payment for the cutting and removal of such timber, the said par ty of the second part shall hnve the same for his own; the party of the first part, however, reserves to him self the right to cut and use all tim ber that may be actually necessary for household, fuel nnd fencing pur poses upon the land. "And the said party of the second part hereby agrees to nhd with the party of the first part that at the ex plratlon of this lease he will surren der and return the said premises to the party of the first part. his signs, executors or administrators. "In testimony whereof the parties hereto have hereunto set their hands, the day and date first above written. (Signed.) "CLYDE FINCH. "J. H. RALEY." n SiiIi-IEoni AKTeotmnts. Heyond or aside from this lease there exists absolutely no contrnct or understanding of nny kind or charac ter, and with the exception of the Hen created by this lease, the land In every respect, so far as I am concerned or have any knowledge, Is the absolute and undisputed property of the pur chaser. 1 am Informed that the In spectors now contend that the making of this lease was the making of a contract whereby the title to the land would Inure to the benefit of the les sees. This may be their construction of the law. It may le the construc tion that the Interior department will put upon it. Possibly It may be the construction that the court will put upon it, hut 1 have never thought so, nnd do not now think so. A copy of this lense was furnished to Captain Alexander, the special in charge, ns early as March, 1904, and at that time It was forwarded to the department for their consideration. Subsequent to that time the government has accept ed the third payment of these lands, with Interest thereon, and so far as 1 have heard, prior to this time no ques tion has been raised by the depart ment as to the validity of the leaRe. ' A copy of the lease was also fur nished to the Inspectors soon after their arrival here. Everything 0mmi and Above Hoard. Everything In connection with these lnnds thnt hns been done by either P.. B. Fauck, Chicago; Mfss M. Burke. Spokane; Mrs. J. H. McHargue, Day ton; S. R. Watson, Spokane; J. E. Melillvray, Walla Walla; Dr. F. , P.. Todd and wife, Adams; L. G. Marquis and wife, Adams; Mrs. Loyne, Walla Walla: J. Ci. Ulcus and family, Walla Wulla; a. M. Gllvery, Spokane; J. A. Alll'ion. Portland; G. I Richardson. Portland. Hotel Pendleton. Mrs. Fred Yan tls, liaker City; A. H. Hoefer. Denver; S. A. Alexinder, Ne w York; A. Hemp, hill. New York. B. L. Lcvell, New myself or Mr. Crow, so far as I know, ! f,lkv A- H- Small, Spokane; H. E have been open, public and with the knowledge of the department of the Interior. The lands under lease, af ter being fenced by us, have been rented during a part of the summer season to farmers for pasturage and. In some Instances, to cattlemen, and It Is from this source of Income that we expected to realize to us the re turn of the money Invested, with In terest thereon within the 10 yenrs of the lease, nnd at thnt time leave the land free nnd unincumbered to the orlglnul purchnser. Unless the lands during the remainder of the rental period would produce a greater rent than they hnve in the pnst, we would be losers rather than gainers by the transaction. No titles or patents hnve yet been Issued by the government to any of these lnnds that I have ay knowl edge of, and I am Informed by Captain Alexander that many of the persons who executed theRe leases are giving relinquishments to the government, based upon the assumption, however, of the Inspectors, thnt these leases constitute a fraud upon the govern ment, which, In my opinion, 1b a wholly erroneous assumption."' Regarding the statement In T'..e Journal thnt "From nfflclnl circles comes the quiet Intimation that pros ecutions for the making of false affi davits In the acquisition of these lands, nre likely to result from the Investl gntion," I have no knowledge and hnve not understood thnt the investi gation by the special agent here tended In that direction or authorized such a statement, particularly so far ns either myself or Mr. Crow are con cerned. If, however, such is the case I shall be prepared to meet such In vestigation. My defense, however, In such event, cannot and will not be different from the facts outlined In the foregoing statement. "Very respectfully, "J. II. RALEY Tine. Spokane; I. Campbell, Portland; i). E. Carglll, city: .1. A. Uadderly, Weston; J. Sedore. Portland: . M. Carey, Spokane: K. II. Brooks. Sno- kane; J. J. Devlne; W. T. Flnnell. Walla Walla; Bishop Scaddlng. Port land; F. W. Macklln, Portland; W. G. iloulton, Mrs. V. M. Slusher. city. J. P. Hayden, Portland; N. A. Leach. Portland: H. M. Hunt, Walla Walla; I. W. Foid, Walla Walla; R. H. Wil- ov, city; J. pestrlcher, San Francis co; Annie I'unnam, walluce; w. I, King, Salt Lake: P. I.. Anthony, Spo. kane; W. E. Clark, Spokane; W. F. Borah. Bulse: L. S. Dille, Caldwell; T. H. Ferry and wife. San Francisco: E. Hedges, Portland; H. L. Hathburn Portland; E. E. Aldrlch, city; S. I. Roberts, Spokane; M. S. Wilson, Den ver; J. Felilman, Portland: Jav T Kliiipatriek and wif?; M. H. Patton, Spokane. 1 0 Pound Turkey I Lm ABSOLUTELY FREE For Your Thanksgiving Dinner. Right now when the stock is bright and new and you are needing many things for Thanks giving Day, is the opportunity to buy your needs and get new and snappy merchandise at lowest prices. Come to the store and make a $25.00 Cash Purchase any day between now and day before Thanksgiving. You can also club together to make up the 'full amount, or anything you buy in the Three Stores can be applied to it, We will deliver the 121b. Turkey to your home absolutely free. Golden Rule Hotel. Florence Rlt tcnous, Portland; George Steunen berg, Moscow; Arabella Herlman, Bcntonvllle; Dora M. Evans, Walla Walla; Charles Soneson, Denver; W. A. Brace, La Grande; W. J. fillbrath, do; G. R. Jones, Irrlgon; C. Leyde and wife, Troy; Carl Pluckes, Athena; li. J. Ernst, city; W. C. Gallaer, Milton; M. E. Metz, Chicago; Grover Jones, Pilot Rock; Geo. Hawkins, do; C. C. Conner. Helix; W. A. Hitchcock, El lcnsburg; G. L. Mansfield and family. Pilot Rock; A. E. Shonn, Spray; F. M. Roth, Sumpter; Mrs. Baldwin, Lewlston, WHAT IS CATARRH? A Year of Blood. The year 1903 will long be remem bered In the home of F. N. Tacket, of Alliance, Ky., as a year of blood; which flowed so coklousiy from Mr. Tacket's lungs that death seemed very near. He writes: "Severe bleeding from the lungs and a frightful cough had brought me ai death's door, when I bigan taking Dr. King's New Discovery for Consumption, with the astonishing result that after taking four bottles I was completely restored and ns time has proven, permanently cured." Guaranteed for sore lungs, coughs and colds, nt Tallman & Co.'s drug store. Price 60c and SI. Trial bottle free. HOTEL ARRIVALS. Hotel SI. Ccorao. Fred Burhi idge. Spokane; J. D. Hartnett, Denver; F V.'. Potts. Chicago; C. H. Edmunson Chicago: ".!. C. Morrow. Portland; T. 1. Sanderson. Michigan: S. D. Hoover vvn'li W.ilia: W. M. S-arbiough. New York: II. L. Huson. Laurette: M. ltlr- don. I. os Anceles; J. A. P.amsv, I.os Augeles; . l.ee Portland: J. B. Say lor. Echo. J. R. McDonald. Fortl iud Simple Way to Overcome the Rangers of This Dlsnru'cenhlv Discusc. j Catarrh is an Inflammation of the mucous nv mbrane of the nose, throat j and lungs, with many annoying symp toms. In this climate there are few, who do not suffer from this disagree- j able disease, often In ,n chronic and ! dangerous state. Fortunately, within the last few years, n simple and reliable treatment for catarrhal troubles has been found Hvomel, a combination of healing and perm-killing balsams, that, when breathed through the neat pocket In haler that comes with every outfit, reaches the tiniest cells In the respi ratory organs, carrying Its healing and health-giving properties to every part where the catarrhal poison Is present. Used in this way, Hyomel kills all catarrhal erm, drives the poison from the system and heals all Irrita tion that may be present in the mu cous membrane. If you have the ordinary catarrhal symptoms, pin h as offensive breath, burning pains in the throat, cough, raising of mucous, difficulty in breath ii.g. sneezing, husklnese, discharge front the nose, droppings in th. throat, coughing spasms etc., begin the use of Hvomel nt once. A comtip-U- ITyoniel outfit costs but $1. ex:ra bottles, if needed. 50 cents, and is sold by Tallman & Co., under an absolute guarantee that It will cure cat: rrh or ni"nov will be refunded. Read the Enst Oregonlan. FREE FREE Special Offer Until Dec. 1st. The party bringing in the most work during the month of November will get his cleaning and pressing done absolutely free of charge for this month. This Opportunity is Open to AD. Get Your Friends in Line. All work under this offer is strictly cash and includes any kind of cleaning or pressing of ladies and gentlemen's clothes. Hatter in Connection. Work called for and delivered Msm rjri t sa j V V e e aw. ?&iL fe" 2 - -''r 5S?5OT5tas r siiiif ' II HI IM MCl 1 am mm mm mm HAT JOY 0 HEY SIRING To Every Home v as with joyous hearts and smiling faces they romp and play when in health and how conducive to health the games in which they indulge, the outdoor life they enjoy, the cleanly, regular habits they should be taught to form and the wholesome diet of which they should partake. How tenderly their health should be preserved, not by constant medication, but by careful avoidance of every medicine of an injurious or objectionable nature and if at any time a remedial agent is required, to assist nature, only those of known excellence should be used; remedies which are pure and wholesome and trulv beneficial in effect, like the pleasant laxative remedy, Syrup of Figs, manufactured by the California Fig Syrup Co. Syrup of Figs has come into general favor in many millions of well informed families, whose estimate of " its quality and excellence is based upon personal knowledge and use. Syrup of Figs has also met with the approval of physicians generally, be cause they know it is wholesome, simple and gentle in its action. We inform all reputable physicians as to the medicinal principles of Syrup of Figs, obtained, by an original method, from certain plants known to them to act most benefici ally and presented in an agreeable syrup in which the wholesome Californian blue figs are used to promote the pleasant taste; therefore it is not a secret rem edy and hence we are tree to reter to all well informed physicians, who do not approve of patent medicines and never favor indiscriminate self-medication. I Please to remember and teach your children also that the genuine Syrup 6 of Figs always has the'full name of the Company California Fig Syrup Co. , plainly printed on the front of every packaee and that it is for sale in I bottles of one size only. If any dealer offers any other than the regular Fifty cent size, or having printed thereon the name of any other company, do not j accept it. If you fail to get the genuine you will not get its beneficial effects. I Every family should always have a bottle on hand, as it is equally beneficial I for the parents and the children, whenever a laxative remedy is required. Jk PERSIAN STEAM CLEANING WORKS Phone Main 194 912 Main St. Near Bridge. Mrs. Sawtelle's Turkish Bath Parlors lHni LADIES AND GENTLEMEN TREATED.. j FOMENTATION'. : Scientific ClirioKidll In attend- TITtKIPII BATHS. ELECTRIC PATHS. MASSAHE COMPLETE, SALT OLOW, LADIES' HOIKS 8:30 a. m. to 6:30 p. m., with lady attendant CENTS' HOIKS 6:30 p. m. to 7 a. m., with gentleman attendant OVER DOMESTIC LAUNDRY. PARLOR "PHONE RED 3802. RESIDENCE 'PHONE RED 2102. FRAZER. THEATRE Wednesday, Nov. 14 HENRY B. HARRIS PRESENTS the Dramatic Success of the Season The Lion ;;; Mouse An American Play of Intense Interest By Chas. Klein. Author of "The Music Master" and "Daughters of Men." Now in its second year in New York, 8 months in Boston, 4 months in Chicago. America has never seen its equal. Prices: $2.00, $1.50 and $1.00 Seats on Sale Tuesday at Pendleton Drug Co. For sale at the East Oregonian office Lare bundles of news ippere, containing over 100 big papers, can be had for 25c a bundle.