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About Independence enterprise. (Independence, Polk County, Or.) 189?-190? | View Entire Issue (Nov. 26, 1903)
INDEPENDENCE ENTERPRISE TKNTH YKAH. CLAIMANT !H LOHISIt. .'ln ul Proof on Timber l,auU rriKilU'iilly liiitIMt. The recent ruling made by Secretary Hitchcock, of tito De jmrttiioiit of tho Interior, revis ing and regulating t'o nl of pi.lm-ure in tho making of final proof on timber land jilicu lions, u significant and mo far reaching conHt'ijuoin'O to tho limber intoronls of tho state, but moro particularly ti tho indi vidual applicant for the pur chitMo of these land. While tho enforcement of tho ruling has tho iinront purpose of requir ing compliance with tho gen eral land laws of tho govern incut, a strict enforcement of Secretary Hitchcock' instruc tion will practicully accomplish tho withdraw of all govern ment timber land from entry. Since nil government lands re intended for purchase by individuals for their benefit and tbedevelopoment of the land ,the recent decisive ruling by Secre tary Hitchcock on this subject, practically closing these lands to entry and settlement by disinter ested claimants, naturally pre supposes some plan for tho dis posal of these lands other than that contemplated by the gener al land laws. A now interpretation to tho term "speculation "has boon givon by Sccrotary IlitcticocK in connection with the timber and stone land act of 1878 It is held that any one who takes up a piece of timber land, ex cepting at any future time to disposo of the same at' a con sideration in advance of what the land actually cost, is a specu lator within the meaning of the law. Upon this disclosure, in connoction with the examina tion of an applicant for the pur chase of such land, tho appli cation is rejected and dismissed. Under this ruling by the department, the only porsons .who are permitted to purchase these lands, are thoso who will wnnr that thev own land in tho vicinty of the timber land, for the purchase of which tney flnnlication, and that they desire the timber for-porsonal The onlv person who can conscientiously swear that he n.-o.ls the timber for his own ii rancher so far removed from a mill or where timber is hoM. that he cannot buy sawed lumber. On tho other hand, if tlm nntii icant admits that he cx roots to manufacture the timber into lumber and sell it at a pro fit, it. i held that his purpose is sneoulfttion. which disqualifies l.i.n . Inwful purchasor and excludes him from tho benefits r i:.l,nr find KtOllO OCt. Ul UIO HlllKV. . A strict construction of the department's ruling makes u practically impossible for the applicant to make final proof on INDKl'ENDKNCK, limber land, for tho purchase of which lio has mado applica tion in regular form. If It tie Applicant now gains title to tint her laud, in making final proo nf io must either perjure himself and discloso his roguish designs or he must reveal a pitiable mental condition. It is buliovd that the purpose of the law con templates tho placing tho appli cant in either of those positions. Under tho old procedure, tho only question asked of tho applicant were those touching on his nativity and residence in this country, tho nature and probable valuo of tho lands rep resented in tho application atid the declaration that he had not sold or transferred his claim to the land after making a state ment, that ho h.-J not, directly or indirectly, made any contract or agreement, in any way or manner, with any person whom soever, by which tho title he might acquire from the govern man f nf tlm United States might injure, in wholo or in part, the benefit of any person except himself; that tho entry is made in good faith for the appropia tion of the land to his own use, and not for tho uso and benefit of anv other porson; that no othor person, firm or corporation has anv iuterest iu the claim or the timber on the land which he ,.! ihikIa Amplication. The unit f usual form of crossexamination of tho applicant by register and receiver of the local land office included questions as to rest dence. occupation, circumstan ces, under which the claim was filed upon, and whether or not the applicant furnished, unaided, from his own earnings, me monev that was required to meet the expense of filing oxx the land. The witliess tor tne claimant is also crossexamin- ml bv the land oflicials as to Ins acquaintance .with the person I H.o fi intT' W lab UO Irnnu'A Of the financial condition of the applicant, and further if ho knows from his own Know- 1 Oil IT A W bother or not the appli ""h- . , . nt. has eiiouch money ot nis own to pay for the land without mortgaging it. Formerly ui ovtniit. nf the examina- tion of tho applicant and his But under tho present pro- rrrnmme the applicant ls.taicon in charge by a special instructor as soon as the regular form of ovaminntion and proof making .. . i. k..v,r.i;0,l with. Hois una vvvu i;-"t'"- tni-n into a private office, un- ..mrmnnied bv his friends or .n.v: and then is put through a cross-questioning that would reflect credit on wio .lrlmnt of UnV police nation. The preceding are conducted chiefly on i I, order. Absurd siar-ciui uiwi i : u.,nt in the extrem aim men;"'"" R i r tha mixtions hred AND WEST SIDE. l'OLK COUNTY, OREGON, ii nnv wnv that he micht at I some time uccept moro for tho .1. i roperly than it actually com l Tim o liim, his claim is vitiated. Tl coision is final so tar as luo; m i ocnl ofiico is concerned, und tho only right remaining to the in- ividual is an appeal to tlieland commissioner at Washington, and sinco tho order calling for this form of procedure emanat ed from tho secretary of inter ior, tlm aimlieant stands a poor , , chance of getting a reversal of tho decreo of tho lower ofhee. The oflicials of tho Oregon City Land Office are exceedingly noncommital on the subject, and will not discuss tho recent ruling of Secretary Hitchcock. While it is claimed that tho new rulini? was first proposed by the Interior Department nearly a year ago, it has been recogniz ed and enforced at the local land office for tho last two months only, or since the arrival of Special Inspector Hobbs, who was transferred to this point from New Mexico. It is known that in the last two months more than 50 per cent of the applications for the final proof on timDer lanus a the Oregon City office have been rejected. In that length of time nrobablv 200 claimants nave anneared before the local office. The new ruling is not only be The new ruling is uu ing applied to entries upon which . t hnai prooi uas uui. jn mw.. IS V f T- ma mr sxT nOBII made, but many patents in this district are now neia up v . , ..- u- onnli. cants, relying on the decision of : . J. . the uniteu oiaies wuus, admitted in making their final . ., . x ...,. proofs uiai ai some iuio v.. they might dispose of their clafmsafa profit or, in other .... words, receive mr iuoui uivicp tham 12.50 per acre, uiai amount paid the government for the lands. It has never be fore been held by the General Land Office that the words exclusive use and benefit could be construed to mean that a person could not reap tho benefit of his claim at some future time by selling it at a profit. By the new construction nn ftntrvman would have to use the timber in his own building operations or else build a saw mill and cut it into lumoer, uuu than hv a strict construction, he ,vould bo prevented Irom sell ing the lumber. Thoreis also a business as- t tr. t.l.A situation. Business IQV v.- men in this community are cou nornpil in the ruling of the In torior Department) although many of them have not claims. Men having idle capital have lent considerable money to per- tA snnnlv the ne- cessary purchase, price of f 4UU ru .ii p nun. iuo a,uo IUI C"-" the le applicant in locaung uu mber claim amounts to about ti ;0 Men making tnese ioiu have in manv instances taken NOVEMIJEU 26, 1903. mortgages on tho land for secu ity. If tho patents to tho lands . ...1 I. il .. :., 1,. -,.ul ...1 nra in wiii uiwjr um mwnmeu i rj'fim!(l. then their socuritv will 4f refused, then their socurity w . also bo gone, and mo in that has been advanced on money tl '0 claim bv the applicant will I bo appropiated by tho Government. Both tho applicant for the tim ber land and tho man who ad vanced tho money with which to defray tho expense of tiling on tho claim feel that the rul ing is unjust sinco it has always been held that the cntryman has always had the right to mortcrairo. as lone as there was o o nothing fraudulent in tho trans action. Tho majority of those who have filed on claims in this flistrict and have not vet proven up will offer their proof and pay their money, relying on the former interpretation of the word "speculation" being con tinued in force and the new rule being reversed. A number of cases that were rejected in Ore gon City Land Offiice have been appealed to the commissioner of the General Land Office, where Secretary Hitchcock's ruling will be tested at once. It practically repeals an act of Con gress, aud it is argued cannot stand a iudicial test. In nrovidmsr this departure for making of final proois tne - M i l j. 1 . ... o -- , general land office has failed to t i rnli that, will nra- 1111 I Mill fLLCl a V v I vent the senpper irom piuuK umuir1""" - from the individual purchaser, but allows the senpper to make oaa umn nuntnn his nur- r- - chase. Scrip is now valued at JiS nnr acre, and more scrip has 4tJJ W XW tvi ,vv . i .... i j r , - been issued than there ,. valu- able land. This fact tends to jn.n;ato fho market of tnlS netrotiable paper, which at the - f on in valuable paperi Timber lands are readily from to w an an idea may ue aix " gathered of the profit that is made by holder? of scrip in ..rolaKlo t.imhnr lands. The motive of the land depart- ment in providing this stringent examination ot applicants m makine final proof is an open making nnai prom ia u question.. Many do not hesitate ijucsnuu- j .. . to charge that the real motive is the cancellation ot as many iu- i . i An Via mnda dividual claims as uu . ! i under this teenmea ruuuB the interest of the large corpor- ations and giganuc "'UC1 concerns wnica nem - - the scrip. Whatever may ou . -: J il is a oar. 1 the purpose auueu i " " ye are very giau ,,U,,D taintvthat if the new rule is the interest in the school is grow tainiyuut : a t.hat manv of the pupils upheld by the courts n w ill ue v hut. a short time unui but a snon um of the government lands ... i... oiHt. will be appropiaieu lumber firms and scrip holders fienerlly. ' Lyon Lodge No. 29, A. F. & A.M., meets Saturday night, and degree work will be conferred. All visit ing brothers cordially welcomed. NUMBER 5Z CllltYHANTIIKMUM PAIIC. Wit nn i:iaborite Affair aud ih Financial Hiiccks. Th 1(1ia nf tha M. E. church Lave their chrysanthemum fair at the opera house Friday evening, and were greeted by a large, enthu siastic audience. The program was m il i ii one ol inucn excellence ana ma ex Libit of chrysanthemums was a iDost choj one. The ladies will realize a nice sum above the ex penses, which will be applied to church labor. THE PROGRAM. i'iano Duet Mrs. Babbitt and Vocal SoTo Miss Sadie Craven. Recitation Miss Edith Owen. Piano Solo Julien Hurley. Chorus . Children. Solo Mrs. E. E. Paddock. Solect Reading. Miss Nellie Burke. Vocal Soh Mrs. M. L. Dorris. PRIZES. First prize pink. . . Mrs. A. Nelson. Second " " .... Mrs. W. G. Sharman. First prize white. Mrs. R. H. Knoxi Second " " . . Mrs. A. Nelson. First prize yellow.Mrs. R. H.Knox. Second " Mrs.W.H. Walker First collection ten, Mrs. A. Nelson, Second " " Mrs.D.A.Hodge. First collection five, Mrs. A. Nelson. Second " " ......Mrs. W. G. Sharman. 4 UP-TO-DATE JOUBNALISM. Salem Gets Word of S. P. Line From Salem to Independence Before Any of the Officials Know About It. V November 17th., 1903. Independence Enterprise, Independence, Oregon. Gentlemen:- Replying to your note r i.o iRrAi innt.. in reference' to ar ticle in tbe Salem Statesman that this Company is laising nam ing from Salem to Independence, I beg to eay that notning is kqowu here of such a move. Yours truly, R. Koehler, Manager. -8WTCI BcIiooiKeprt. Following is a report of the Suv er school for the month ending No Ko 1S- Total number enrolled 21 . 0ns Average ,daUy attendance 20 vrmKo.t. men tardv U p? V wer.-, rru: .i,a moirii neither aosent IUUBD " " nor tardy during the month are: ti'rea ouver, """"V,. " . , ii. ali'a Allnn. Llllie JiriCK' Snvr. JNOra ouver. nuicu ";r Willie Hel- ""otto Steele, Lenora James, Charles Erickson, wmer " f and 'Carl via mmm j Larsen. . ' , . Wo .r nfifv elaa to noie iuii niKi uu -- . . are taking their books home for the benefit of home siuay. iub pu- did attendance is good evidence of I inrpitt shown, and we asfe tne did anenuauuo i r .l- cVinwn and we ask tne continuance of the co-operation ot every pupil and patron, that the greatest possible good may result from the school. If you can do us any good, do eo; if you can do us any harm, aon t. 3 R. W. Swisk, Teacher.