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About Wallowa chieftain. (Joseph, Union County, Or.) 1884-1909 | View Entire Issue (Feb. 6, 1902)
1 jinty Official Paper. City Official Paper- ft 77E REPRESENTATIVE NEWSPAPER OP WALLOWA COUNTY. - " 1 ' 11 - II I ! . I II - I - - - I - . . XVIII. NO. , ENTERPRISE. OREGON. FEBRUARY (!, i2. WHOLE NO- !):M- -ri (THnvfrni nr riTnnrr I p.. i, h. i . i...MnlWM.mMmii. "mwl I 1IL TT UKLII I R, V " VALIUU Y UI- NOW PDAD I AW. u " eduetl ! Beginning Saturday, Dec. 28th, we will place oil sale an immense line of merchandise at aston- ijhnlv low prices. We do this in order to re el i' our stock before taking our annual invoice Vlvhy. 1st, and every one is invited to call and iil t!:melves of this opportunity to sftture rra V.S V'c also take tuis oppornity to express to one id all our appreciation of their liberal patron- ur!ng the past year and solicit the amein pUe future. We assure you that we will do our J jnost to merit ycur good will, and endeavor to r-Tve vu faithful Iv. Wishing all a prosperous and happy New h - h far, we ar- Respectfully yours, o M. & M. CO. 1 ' .-' f FROM FAR & NEAR. clipped From Our Exchanges. America leads in the matter of worn n practicing medicine. The first was Elizabeth Blackwell, who graduated as a pnysician m lo-iSJ. Three years later there were six in Philadelphia T lOOn .1 nnn Hi mere awu women doctors in the United States; in 1896 there 4555, ind now there are probably 6000, some of whom huve a very lucrative practice. Dr. Paul Walter Monday afternoon r-moved the cornea fiom the eye of William Strickell of Anamosa, la., who lost one eye and had the other bidly injured in a mine explosion a fw years ago. A lilmv growth com pi Holy covered the cornea, which wus entirely removed, and that of a rabbit substituted. In order to assure the s.iccess of the operation it was nec essary to remove the cornea from the rabbit while it was alive and craft it as soon as possible. Ex. Washington, Jan. 29-Lyman E. Cooler, on behalf of the contractors wlio built the CI icago drainage canal o.lers to build an isthmian canal com ilete, either at Nicaragua or Panama, under contract with the United States. 'Ie says either route is feasible, but hinks far lietter results could be had from the Nicaragua Canal, as once the canal is built, the United States vill practically annex Costa Rica and Nicaragua and control their commerce With the Panama route we would ac- uire nothing but a waterway. Lewistok, Idaho, Jan. 29. Two hundred Nez Perces Indians are en gaged in a tribal dance on Lapwai reek, 15 miles from this city. The lance Is the result of a council that onvened last week to discuss the pro mised abandonment of Lapwai agency tnd the transfer of the same to the superintendent of the Lapwai Indian 'ndustrial School. The conncil ex- Dressed disapproval of the acts f.f Sn- lerintendent Voorlnes, in charge of tlie school, and who has enforced at tendance of the Indian children at hool. Port townsend, Wash., Jan. 30. According to a report reaching here today, an earthquake and slide oecur- ed in the Olympic mountains, in the Western portion of Jefferson county. just prior to the big storm of last week. The news was brought by a passenger vrriving from down the Straits of Fuca, who sUted that Indians report t lat a number of earthquake shocks w.-re felt, which were followed by a crashing noise. The next day the Indian hunters came to the coast and r -ported that one of the peaks of the Olympic Range had broken off and slid into a small valley, al most filling it with dirt and snow. The little val ley was uninhabited and a favorite hunting ground for the Indians. Reclaiming; the Desert. Representative Moody introduced a bill appropriating $100,000 to be ex pended by the secretary of the inter ior in preliminary steps looking to re claiming the arid public lauds in Ore gon by irrigation. Oregon has enough arid land to make comfortable homes for 50,000 people as soon as the water now going to waste is brought tbence. The con gressman from Oregon who Uses his position to render tbese lands fertile does more good for Oregon than he who floods the people with buncomb speeches. To make bomes for 50,000 people U a grand work that will bless the people and enrich the state. Ex. Found. What may be called an endless chain of rhyme is going the rounds, as follows: Still ol' Georgy's raisin' The merriest kind of tune; Hoses in December Whisperin' of June. When you think it's winter, With its skies of gloom, Suddenly a frost flake Melts into a bloom! Atlanta Constitution An' here in Luezeanner, Why, everything's in bloom, An' even when it's rainin' It's pourin' down perfume. The birds are always singin' In sunshine an' in rain, An' Luezeanner's raisin' Well, everything and cane. New Orleans Times-Democrat In Maryland we're happy The nor'west breezes pipe; The canvasback is blooming And the terripin is ripe. The hard-shell crab is tempting The jaded appetite; The oyster makes us joyous The world is running right. Baltimore American. An' way down here in Houston The world is on a boom; But in amongst cur boostin' Th' roses bud and bloom; An' oh, the skier are bluer Than northern skies, I ween! An' hearts are nobler, truer, Where the Texas fields are green Houston Tost. An' here in glorious Utah We've got all we can hold ; The rocks are buduiti' silver Or bloomin' into gold; The sky u full of Minshine, The mountains blue and hazy All our men are climbers And every girl a daisy. Salt Lake Herald And even here in Boise There is no settled gloom. With the advertisin' goin' On the Thunder Monntain boom. An' the eager bivs a comin'. With their picks and shovels bold. You can rave about your posies. But we're satisfied with gold. Boise Capital News, Gold in every creek-bed! Gold beneath the snow! Gold in all the gulches! Beneath the stamp shoes' blow! Gold these glorious sunsets! Gold each dawning day! Hip! Hip! Hooray! for Baker! Tiger! Hooray! Hooray! Baker City Herald. Golden grain we harvest. Harvest every year. Never have a failure, Never have a fear That the golden harvest Will be less each year, Than five million bushels I'l Umatilla here. Pendleton E. O, Away up here in Wallowa About five thousand feet, We live on bear arid venison, The rarest kind of meat. We have cattle, sheep and horses, And have money too, galore, And everybody's happy Who could ask for more? Publishers Notice. On and after Feb. 15, all subscribers outside of Wallowa county must be cash in advance, and the paper will be stopped when the time is up. Therefore all our subscribers outside the county who still want the paper must send in the cash or their names will lie dropped off. AH accounts for such subscriptions up to that time Decisions Which Throw 5ome Light on This Question. Salem, Jan. H0. "The first section of tlie road law passed by the last Leg--islature materially u (frets ranchers in Eastern Oregon," says I. Campbell Martin, of Dayvillo, in a recent letter to Tho Oregonbm. Mr. Martin wishes information upon the legal effect of this section of the statute, which reads as follows: "All toads or U o.vuuhfnre; not fr.-re- tofore legally established within tho State of On gon that may have here tofore been used, or may hereafter be used for a period of 10 consecutive years more by the general public for the purpose of travel without inter ference or piotest, ai-e hereby declared to be county roads' The chief question in the mind of Mr. Martin is whether this section of the law is constitutional in view of the fundamental principle that priv ate property shall not be taken for public use without just compensation hile the Oregon Supremo Court has not had occasion to pass upon the section quoted, it has rendered two dccis.ons in road cases, which throw some light on the question raised. One of the most recent decisions an- 1 p.oaehing this quest 'o.i was renderei just a year ago in the o..ho of C. E. Bayard against the Standard Oil Company, appeabd from Wasco comity. In discussing the subjects of public casements the opinion written by Judge Wolverton says: Lse by the general public, under a claim of right, adversely, and not by mere permission of the owner, for the period prescribed by the statutes as a limitation beyond which nctions for the recovery of real property cannot be maintained, will establish an ease ment in favor of the public. But the use must be continuous and uninter rupted, and substantially by a certain and well-defined line of travel for the entire period. The limitation prescribed by stat ute is ten years; hence under this decision, if a road across a man's laud has been used continuously for 10 years, adversely, under claim of right, and not by permisii.n of the owner, the road has become a public highway and the owner of the. land cannot close it. This decision was rendered prior to the passage of the act of l'.Wl, and therefore declares tlm right that may be acquired by the public regardless of this statute. About I(i years ago the Supreme court held that mere uses, ho'.vevei long continued, will not be suflioient to create u right in the pub lic. Tlie rule was laid down in a case in which it was shown that tllftjiwner of the land rnnintainej a gate across the road, and perHons using the road opened nd shut the gate when they passed over the road. Thus there was not uninterrupted uses under claim of right. The fact that the land owner maintained gates was suflicient to show that he had not made a full dedication of the road to the public. The statute of 1001 provides that when the public has used a road for 10 consecutive years "without inter ference or protest," the road shall be a public highway. No reference is made to any "claim of right" on the part of the public, and therefore if the stat ute stands the test of the constitution al provision, it must be upon the the o y that by permitting the use of the road without interference or protest the owner of the land intends to dedi cate it to the public. It will be noticed that the statute says roads "not heretofore legally es tablished." These words must be giv en some significance, and since the statute would cover all roads used for fatally defective. In all cases of thin kind which have been taken into tho courts, it has been held that after 1 1 years use, such roads are in fact legal highways, however defective the pro ceedings may have been. The Legis lature by using the words "not hen - tofnre legally established," indicated an intention to apply the act. to roads which had been tho subject of pro ceedings, but which still required re medial legislation to make them lcg.vl The Oregon Supreme Court has held that courts will h slow to declare n a road a public highway merely upon adverse uses, so it is probable that this Htatute would be given a con struction as favorable as jiossibb; to the property owner, In pr.iiri i countries, where fenci s are i ncommon, it is the custom ol farmers to driv, by the shortest routr., thus making roads across uninclosed land. Itisharlly i robable that the Legislature int"iided to declare uil such roads to be public highways af ter 10 years' use, when the public hi.d merely taken advantage or the per mission of the land owners to enns. ! their property. As implied to n ik'.h established and ued a'tir defective proceedings, of which the land owm r h.id notice, the statut in question would be fair and equitable, but if ap plied generally to all loads used for 1 1 . years, it would be extremely unfair, and detrimental to'the public, for if m stringent a law is to be in effect, property-owners must discontinue such favors to t he public Lawyers genet -ally take the view that the st.ituto ap plies only to roads that have been tablished, but by defective proceedings. Jan. 30 Oregonian. La Grande-Cove Surveys. The surveyors bavj completed two routes for the La Grande-Cove rail road, one follows the ma;n line-1 1 the Elgin branch to Island City, from there it is to keep to the south side .f Grande Roudu river. If built from this point tho road will be thirteen miles in length. Tho other survey commences at a point near the Con ley Hpur and continues on the north side of the river for several miles. From this point tho Cove may be reached by building 11 miles of new road. J. M. Church, the president of the road, states that either of the two routes are practical and follows most of the way along sectional lines which n cans little if uny damage to the pro. perty run through. Mr. Church stated that while it de pended in u very large measure with the property owner regarding tl r right of way and the grading, every indication at this time points to the eaily completion of the road. In any event, he stated, the matter would not hng fire, but it would bo positively known within a very short time whether or not the ro id will be con structed. It is the intention of the company to temporarily ue steam power, but later this will be supplant ed by electricity, the company al ready having secured tho site and power a short distance above the Cove. La Grande Chronicle. Additional Loca's. F. A. Clark was a passentrer on to day's stage en route for Portland Dr. and Mrs. Gregg of Wallowa were ' visiting Dr. Temple and family on Wednesday. C. T. McDaniels the real estate man of Wallowa was in town today on a business trp. A number of t'lit- members of the Wallowa Chapter O. E. S. went to Joseph Wednesday even inn on a fraterna! and social visit to tin- Chapter at that place. After three candidates had been passed through In this city a Hack, fairly good lap thi arrangement will be satisfactory robe. The finder left same at the to both ourselves and subscibers out Chieftain office and th-s owner can 1 ,ide ''' county we are, have his property by .calling at-this i Yours very truly, 10 years, without the employment of the words " not heretofore legally es- i the interesting initiation ceremonies . . , a . : , . iA r v., I'lcaume iiiuv wtiiBoruer, a delicious supper wh will be placed in the hands of at tor- the Legislature meant this act to an- 't ,v tt UAi. i L., neys for eollectwn. Hoping that ,Arohv toronds which hv W '.,, . ' ' torwi: I,. . , . . ... ----- nl.v,uwunj enjoyeu nuusiieu on i, wmcn are not lecal bv Imth vinitnv.i n.,1 . .this office, proving property and pay ing this notice. J-ry ltOHSB & JtOK, r : Publishers Wallowa Chieftain; t j .... whbw wiutcria. highways, owing to some defect in the jTlie well deserve,d reputation thai' th proceedincs. . t..,i. i v... .u; .v. i"r jjcuino i iur uoing iningi proceedings. It is well known that hava been laid out 'arret are now in use 1 ladies are in the lead, certainly lot in pursuance oi proceedings wmcli are - nothing on this occasiou. many roads about right, especially, 'when - tin?