NEW.
Wallowa County Official
Paper. Enterprise City
Official Paper.
Wallowa County Is Rich
In the 5 Greatest Sources
of Wealth.
VOL. 2, NO. 18.
ENTERPRISE, WALLOWA COUNTY, OREGON, THURSDAY, AUGUST 27, 1908.
v9
WHOLE NO.jm:
RECORD
Notices In this column are charged 1
cent a word one Insertion, or 3 cents
a word 4 Insertions. Minimum charge
IS cents. Cash with order.
WANTED.
TWO DINING ROOM GIRLS,
tel Enterprise. ,
Ho-
FOR SALE.
A 20,000 Sawmill, In good order.
Has 35 H. P. engine, gang edger, all
belting, saws, etc., ready to run. Is
a bargain at $1,100. Write to Star
Planing Mill, Elgin, Oregon.
NO. 1 MILK COWS, also a full blood
Jersey Bull. Enterprise Dairy Farm
Vt miles south of Enterprise. Home
phone. L. J. Jordan, proprietor. 15t4
CATTLE, 100 head, from yearlings
up to 6-year-old cows with calves,
and including 1- and 2-year-old steers
and a few 3-year-old steers. J. H.
Whltmore, Enterprise. ' Ranch 10
miles north of Enterprise. 12tf
LODliE DIRECTORY.
1 0 0 F enterprise louue n
EMERALD REBEKAH LODGE, No. 119.
K, n ENTERPRISE LODGE, No
. or r. 94.
JUANITA TEMPLE, No. 7, Pythian
Sisters.
MA CRM 10 ENTERPRISE CHAPTER,
IlinuUNlUNo. 30, Royal Arch Masons,
meets first and third Tuesdays of each
month in Masonlo Halt All visiting
Royal Arch Masons welcomed.
J. B. OLMSTED, High Priest.
D. W. SHEAHAN. Secretary.
WALLOWA LODGE, No. 82, A. F. &
A. M., meets second and fourth Satur
days of each month In Masonlo Hall.
Visiting Masons welcomed
C. H. ZURCHER. W. M.
W. C. BOATMAN, Secretary.
WALLOWA VALLEY CHAPTER, No
69, O. E. S. meets first and third Sat
urdays of each month, in Masonic Hall
Visiting Stars are always welcomed.
OLIVE LOCKWOOD, W. M.
DANIEL BOYD, Secretary.
Mill EAGLE CAMP, No. 10497, M.
.ll.n.W. A Meets first and thirf
Thursdays in each month, In new Fra
ternal hall Visiting Neighbors always
welcome. J. G. RENNIE, Consul
T. M. DILL. Clerk.
ANEROID CAMP, No. 3542, R N. of A.
Wn Ul ENTERPRISE CAMP, No
.Ui IF. 63B. W. of W.
ALMOTA CIRCLE. No. 278. W. of W.
win ict gcaaaagagmaaMBM n m
James-' NUblJB Cfcrc77o Landruf
and a gentleman from. Palouse stay
6ed at Sleds Thursday night on their
way back to Asotin county, after a
short business stay. The gentleman
from Palouse would Invest and set
tie in Wallowa .county but thoughl
land was pretty high.
m i. n. iQik jr -m. oi
.SCHOOL WILL OPEN EARLY IN -SEPTEMBER- AND IT IJ TIME NOW
To JEE THAT EVERY THING S READY. WE ARE RECEIVING
OUR FALL .STOCK NOW AND ARE PREPARED TO FIT THE CHIL
DREN UP IN GOOD -SHAPE. , IF YOU HAVE EVER BOUGHT CHIL-DREN'-S
-SHOE-S FROM VS WE KNOW YOU WILL COME AGAIN
OUR BQY S' READY MADE -SHIRT J .AND WAI-ST-S WILL -SAVE
m
APPOINTMENTS Bl.
f',1 E, CONFERENCE
REV. C. E. TRUEBLOODVDF WIN
TERSET, IOWA, COMES TO. EN
TERPRISE CHARGE.
Rev. C. E. Trueblood of Wlnterset,
Iowa, was appointed to the Enter
prise charge by the M.E. conference
In session at Welser, Ida., last
week, Mr. and Mrs. Trueblood and
their two children arrived in Enter
prise Tuesday night and are being
given a warm welcome and made tc
feel at home.
Rev. P. G. Potter, who has bee-j
pastor of the local church . for the
last year, will move onto his claim
on the Grande Ronde river and will
preach at Promise. Following are
the appointments In Presiding Eldei
Gillilan's district:
Superintendent, J. D. Glllilan.
. Baker City, Jacob Finger.
Cambridge, Ida., to be supplied.
Cove, J. L. Baker.
Elgin, W. F. Bradley. .
Enterprise, C. E. Trueblood.
Flora, H. Martin. "
Haines, J. M. Johnson.
Harney, H. E. Carter.
Huntington, Mr. Henshaw.
John Day, H. P. Peterson.
Joseph, A. L. Howarth.
La Grande, C. E. Deal.
Long Creek, J. M. Cason.
North Powder, C. D. Fawcett.
Nyssa, A. H, Soward.
Ontario, J. E. Garver.
Payette, G. G. Haley.
Prairie City, J. M. Dressier.
Promise, F. G. Potter.
Roseberry, to be supplied.
Summerville, A. F. Kline.
Thunder, to be supplied.
Union, D. C. McColm.
Vale, B. F. Meredith.
Wallowa, J. D. Bird.
Welser, C. McCoard.
8UNDAY SERVICES.
The subject of Rev. W. S. Crock
ett's sermon at the Christian church
next Sunday morning is "Christian
Unity."
Preaching services in the Presby-
terlau church next Sunday monilnKga rta - Lostine- without a resident
at 11 o'clock by the pastor, Rev
Selden C. Adams.
Rev. C. E. Trueblood, the new pas
tor of the M. E. church, will preach
the sermon at the union services
next Sunday evening In the Metho
dist church.
resolved
That we have all of us
BfEN tf TCHTSQUE&7 aT
ScyvjE Tint eft MOTHER- BUT
A LITTLE BoNOtftm CARE '
ULL JAVE OS LBK OF WORRY
BlMrVG 7HINW ATA PLACET
VE WTKU5TI5CV.ajrr
BU57TR
RE-SPECTFULLY,
W.J. FUNK & CO.
DEATH RECORD.
Mrs. Samuel McGee of Lo3tine died
Monday morning after a lingering ill
ness. Funeral services ' were . held
at the home of her parents, Mr. and
Mrs. H. N. Williams, Tuesday fore
noon at 11 o'clock, Rev. W. S. Crock
ett of the Christian church, offlclat
ing. Burial was in Lostine ceme
tery.
Mrs. McGee's maiden name wat
Daisy Alice Williams and she' was
born in the vicinity of Lostine where
she has always made her home. She
Was married to Samuel McGee In
September, 1905. Mrs. McGee was
of a sunny, affectionate disposition
and besides the sorrowing husband
parents, three sisters and one broth
er, she leaves a host of friends t'
mourn her untimely death.
Arrests Robber;
Earns $200 Reward
D. A. Silver of Grouse Captures at
Colton Man Wanted in
Kansas.
Grouse, Aug. 18. D. A. Silver cap
tured Harry Coleman, a bank rob
ber, who had been staying with Chris
Hanson, near this place for several
weeks. Sliver found Coleman at
Colton, Wash., and had him placed
under arrest and sent to Colfax jail.
Silver then wired the sheriff of a
Kansas county of Coleman's arrest
There was-a reward of $200 offered
for Coleman's arrest and conviction
When arrested the officer asked him
if he was the man described by the
sheriff. Coleman replied, "I guese
I am."
The fire in the mountain near this
place was extinguished by the rains
Roy Smith has received appoint
roent as a forest ranger and assigned
to a position in the Blue mountains
above Pendleton, Ore.'
Dr. Hewett Goes to San Francisco.
Dr. F. G. Hewett has moved from
Lostine, leaving there last Thursdaj
for San Francisco, where he will take
a post graduate course In medicine
and surgery. Dr. Hewett's remova
physician but one is expected to lo
cate there shortly,
TAKEN UP.
Taken up on the Bell ranch neai
Chlco, on Crow creek, one spotted
cow and calf branded RT on left hip.
BROW.
.' I
m
SQUARE IS PUBLIC
PROPERTY
FOREVER
COUNTY COURT ADVISED BY
LAWYERS NO POSSIBLE WAY
TO CONVEY.
The public square cannot be sold
according to the opinion of District
Attorney Ivanhoe, concurred In by
two other leading lawyers of La
Grande. The opinion was given .at
the request of the county court, as
two members of the court were in
favor of accepting the offer of $10,-
000 for it and building on anothei
site, at the head of Main street, just
below and to the north of the coun
ty high school building. The onln
ions given do not leave even a bare
possibility of doubt, and Judge Olm
stei stated Monday the court would
go ahead and build the courthouse
on the public square site.
The obstacle in the way is thai
the dedication of the square to f
public use Is Irrevocable, and as Mr
Ramsey puts it, neither the dedica
tors, their heirs, the city nor the
county can by any kind of deeds
change that dedication. This is the
law of Oregon as laid down by the
supreme court.
This is a phase of the mattei
not thought of at the time the
offer to purchase was made. It war-
then believed by those making th(
offer and by citizens generally, tha
if Mr. Stubblefield, the Zurche;
heirs, and the city made unconditlon
al deeds to the county, and authority
was secured from the legislature em
powering the county to convey, t
warranty deed could be executed b
tne court. This was not only the J
belief but the hope of several whe
were sure of making" a good profl
In the purchase. There is more thai
one local capitalist who is confideni
he could clean up several thousam
dollars profit on the purchase price
of $10,000.
The "public" phase of the sltua
tion was never suggested. It seemi
that a man who never saw or hear
of the square could veto- Us sale
just as ffpptiin:iy..-i. v vf- ,u
original dedicators. It must remali
a "public square" for all time tt
come.
After citing records showing the
original dedication as a public square
by R. F. Stubblefield and John Zur
cher, 20 years ago, and the facts ji:
regard to the offer by 68 citizens
taxpayers, offering the court J500C
as a bonus for building a courthouse,
second, the quit claim deeds made by
R. F. Stubblefield. the Zurcher helrf
and the city of Enterprise, and thirc"
the offer to purchase for $10,000
made by five citizens. Mr. Ivanhor
gives his conclusion, of which the fol
lowing are pertlnant extracts:
" 'Public Square" and 'Court-House
Block' have bean irrevocably dedl
cated to public use, as a 'PublU
Square.' " (Te:i Oregon cases ilt
ed besides a long list of decisions
in other states, and legal author!
ties.)
"Under this dejication the 'Pub
11c Square' In question, can be usee!
for county courthouse nnrnnflpq
(Long list of authorities and decls
ions cited.)
"The 'public Square' in the cltv
of Enterprise, Oregon, Is hold ir
trust, by said city, for Wallowa coun
ty, Oregon, to be used by county foi
court house purposes, and any sale
or use of the same attempted, thai
would devote said premises to othei
than public use, could be perpetual
ly enjoined: and no individual coult!
acquire title to said property from
eitner said city or county, nelthei
having title or right to convey."
(Authorities and decisions cited.)
Summary:
"The 'Public Square' in tha clU
of Enterprise has be3n clearly dedl
cated to public use as such
Said 'Public Square' can be used for
County Court House purposes unde.
said dedication Neither salt!
Wallowa county, nor the city ol
Enterprise, has any title to, or any
authority to convey the title, of salt!
'Public Square' to any individual oi
Individuals, but must hold the same
perpetually for some public use, con
slstent with Its designation as a 'Pub
lie Square.'
C. H. Finn Concurs.
Following Colo.iel Ivanhoe'g opin
ion is this note:
"Based on the facts only, I am
of the opinion that there can be no
legal conveyance, by Wallowa coun
ty. of the tract of land In Enter
prise, Oregon, called on the plat, a
'Public 8quare
C. H. FINN, Attorney."
No Conveyance Says Ramsey.
Wm. M. Ramsey of La Grande,
to whom was submitted Colonel Iv
anhoe's opinion states that In his
opinion Mr. Ivanhoe "has come to a
correct conclusion."
"The square having been so ded
Icated to a public use, it must be
used for public purposes, within the
meaning of the dedication."
"The square having been dedicat
ed to a public use and the dedication
having been accepted, or its accept
ance being presumed, neither the
original dedicators, nor their heirs,
nor the city of Enterprise, nor Wal
lowa county ha? any title to said
square that would enable them to
sell or convey it to any one and
make a goad t tie thereto. By the
dedication it was irrevocably charged
with a public use."
Find Light Grade
Up Courtney Canyon
Sled Springs Reporter Interviews
Surveyors. Half-way House
News Notes.
Sled Springs, August 21 Messrs
Merryman and Cramer passed here
today on their way home from sur
veylng a wagoa road up Courtnej
canyon. They report a 3 to 5 pe;
cent grade up Courtney, which It
not bad. This Is a road that It
needed badly, and we all hope there
will be farther moves made In thlt
direction for the benefit of those wht
are almost Isolated from the count
seat in bad weather.
Mr. Irwin of Kuhn Ridge stayee
at Sleds on his way home with flour
which Mr. Irwin says Is very hlgl
swing to the shortage of wheat oi
hand. Our Flora mill will be run
aing before long.
Mr. Jardein, government botanist,
stayed at Sleds one night on hli
way from the High mountains to tht
Billy Meadows government pasture.
Charles Shine was at Sleds wltl
a fine 4-horse team on his way t
Culdesac to harvest, where he sayt
crops are fine.
James Appllngton stayed at Sledt
last night on his way In from out
tide points., .
Pete Dodmor of La Grande wa7
iere today on his way back fron
Paradise where he had been lookinj
lfter his business interests.
Mr. Crossland stayed at Sleds las
light on his way out with fruit am
vegetables from his fine river plac
near Troy.
Miss Rosa and Doc Shelton wht
ire sojourning at Sled Springs fo
1 month, made a trip to their rancl
in the river after fruit and vege
L.ables for their summer camp.
Dan Cussins made a biilsness trlj
-o Wallowa and Lotslne this week.
Misses Alice Norton .and Ros
Shelton made a trip to Day Rldg
3unday to visit Miss Allle's parent
who live on the Dob Harrison place.
John Hendersoi stayed at Sled
last night, returning from Elgli
where he took his wife on her wa;
to Colorado on business. She wll
be gone about six weeks.
Joe demons, game warden, wat
at Sleds yeiterday enrottte to th.
North Country on official business.
Miss Inez HueUon was at Sledt
today on her way in to visit he
uncles, Oren and Al Shuman, o
Lost Prairie.
There is no mistake about it,
Enterprise
WILL
5,000 People
in five years and now is the time
to get a
in Alder View Addition.
We will increaee price of every lot $2.1.00 October 1st,
date Railroad will reach Enterprise.
DANIEL BOYD
Secy. Wallowa Law, Land & Abstract Co.
AVERT THREATENED
DELAY OF RAILROAD
LAND OWNERS WILL NOT PUSH
THEIR CLAIMS FOR ADDITION
AL PAY.
The threatened delay of the- rail
road by Hector McDonald and pos
sibly other landowners between Wal
lowa and the canyon asking dam
ages or more money for right of
way across their land, was reported
Thursday morning as having been
adjusted, and that McDonald and the
other owners would make no move
to restrain the laying of the track.
The hint of trouble from this cause
created no little excitement in
Wallowa Tuesday and Wednesday.
There were broad insinuations of a
scheme behind the move, such as
stopping the road at Wallowa for
the winter, or the location of a new
town site near the head of the can
yon. If there is anything in the mat
ter other than appears on the sur
face, the citizens of Wallowa are
In Ignorance of It, for they were In
dignant and alarmed at the prospect
3f construction work being stopped
3ntlrely. There was danger of that
'.t is believed, for tho officers In
charge of the work said the O. R
& N. would not fol-ce the railroad
n this county when such actions
Indicated the people did not do3lre
'.he road.
Mr. McDonald and several others
iold the company right of way with
he proviso that If the land was yot
wed for railroad purposes by Sep
tember, 1907, it was to revert. Mr.
tlcDonald posted or had posted no
Ices on the right of way across his
and, warning the railroad company
tot to trespass. As the company le
n possession, has Its grade made
m the right of way and as the U.
3. supreme court has decided such
Imitations on a deed' in fee simple
ire ot no effect anyway, It Is hard
;o see what Mr. McDonald could
lave gained by a legal battle, ex
sept to anger the' big railway offi
cials Into suspending work entirely.
Lawyers say the only "thing the
andowner can do is to apply for an
njunction. To secure that he would
lave to give a bond to indemnify the
:ompany for any loss or damage
caused by the delay, which mlgh
an up Into thousands of dollars a
lay. This would be a costly pleci
)f business even If he won. T- '
itated that Mr. McDonald wa it! $ii
lamages that he believes ha is .
Itlod to for loss on hay bought lasi
lummer In the expectation the roa
vould be finished so he could ship 1
ut. The railroad company official!
latly refused to pay a cent. It If
lupposod Mr. McDonald and tha o"i
ir owners agreed to not push tin!
dalms as a matter of public policy
Between Wal'.owa and Ente.';. i i
here are but two conditional rlgh
f way deeds, that of C. W. ' m
'ord, at Wallowa, the time limit o
vhich was last February, aid "l
)f Fltzpatrkk, this side of 'h
he time limit In which Is next. V?
uary. As Mr. Mumford's deeds In
clude a refund of tho money hereto
ore paid, it is not thought any fur
her trouble will be made, as In o
(Continued on last pago.)
HAVE