The Bend bulletin., December 11, 1903, Image 2

The Bend Bulletin
Knttral March i, tsiy, nt l)clmlt Oirhh,
n Mcoiiil-chiu matter.
l'l'UMaltNII HVIlHV FRIDAY .T tiKCllt'TK4 rttr.
ler year..
Sl'llSCRllTION KATKK:
(ItiwrraUlv In advance
URIDAY
I)IC.
ii.
fl.SM
to
DUSURT LAM) CONTHSTS.
There appears to be considerable
confusion in the KpulRr uiind con
cerning the law and practice in
desert land con tests and it may be
of interest to discuss out. feature of
importance. Tins is as to the right
of contest before the time for final
proof tins arrived. In a decision
made Kebrunry iG, 1805, Secretary
Hoke Smith, considering the ex
parte case of Andrew Clnybttrg, iu
Susanville, Cnl., land district, said:
The AMire, r the rty tertlmoay attowtajt
hepfHtmofthrHlitt uwwl m the
land t,U (feat U vulrat with rraptit Iu tr
annaal ptnofto preaerve Ittlact the tnity 4uHb
the three yean, ttrOftor la aKctta final jhW,
whtajw t riulrI t aaovr IMI caMfrliaBvc
with tl law In all ratprct l aathrr to jitwHie a
twteat ftr the lafwt nwciI fcy hk entry.
This hns been taken by many to
prevent the contest of a desert land
entry before the tunc for making
final proof. In the latest volume
of land decisions, however, there is
one by Secretary Hitchcock which
sets this matter forth so clearly
that we make generous quotation
from it here. The defendant, or
contestcc, had brought forward the
Clayburg case. The secretary said :
It I Inifttjil by ownitl far d fondant that, aa
dertlMlawaaaHnoaMvdlaibtcaar afAadrrw
Clay bare (a L. I).. 111L route on ut x-
brought again daaatt land catrMa aaUl ibarx
ptrattonofMatcaltannlrbr ataklat proof, that
the tabmttttoa of the yearly proof dtaciokag
the required aaaaal expedltorea U a bar to the
IdltUtkm of a caaHcat prior to the aabialmloii of
final proof. Thlt meant that, attnouch, a in
thl caae, won annaal proof are nntrne. and the
claimant ha totally failed to comply with the
law a to annual exptnitHure on the laml. yet If
he file eah j ear evidence ol wkIi expeftdHnrc,
he it protected acaiatt contrail. Inoth.rtt.mU
crenlfheialn lielautt a to actual compllaaec
with the requirements of the ttatnte, j el to tone
at he I willing to tlcly testify that he it, net In
ucmuh, anu can procure two other affiant to
corroborate auch testimony, hit comptlanec with
law can not be quettloncd within the time allow,
ej for the aubniiulon of hi final proof, notil
which time hi enlrjr mutl ttand Intact.
Thla contention can not receive departmental
approval.
To hold that a contctt putting In luuc the
truth of the yearly proof eeaUuot be brought
within the time allowed for the aubmWtioa of
final proof, wouM be in violation of the plalu
tetter of the itatnte.
The yearly expenditure of one dUar per acre
I a requirement of law, and the failure to do
thu It a "(allure to comply with the lequlrc
mcnUoflaw." This makes it clear that contests
against desert laud entries may be
instituted'at any' time for failure to
comply with requirements of law.
country is developing and this point
will be the depot lor half of this
great state. This is a fact of the
deepest significance to Central Oregon.
The rnilrond advance will brinir
ittipjd and general development iu
nil Hues of industrial and social life.
A new empire will thus I intro
duced to the commercial world, and
It will prove the wisdom of those
who unbind it.
when Davis whs appointed nml
I ..., n... t .. n 1.. 1 1 ..n
ii-avuv iiiu 1,11 1.1 1 ill mc iittiii twice
eutitely from " the iHiliticnl nlough.
"Tht Bulletin works rtaht In
with Drake" complain certain 10-
ple wUo Hre pained to sje any pro
gress liera that doe not gratify a
narrow, personal spite. Well,
what of it? Wnsn't Drake done
more for this locality than any
other tHirson or institution more
tbau all othtirs pAt together? Why
shouldn't The Hulletiu, why
shouldn't every citizeu, work with
linn in efforts to develop this couu
tO'? If you know any good
reason why they should not, let us
hear from you. As to Tr Dulletiu,
it stauds rtidy to "work right In"
with anybody iu any legitimate
enterprise for, the upbuildine af the
commituity or the industrial de
velopment of this region. The
uuneim is tiere to no wljnt It can
for all and it will Kindly ("ork with
any cituen or any oouibiuatiou of
cituens for public advancement
here. It is not inspired with a
desire to pull down ewnthhiK but
itself and it will not become the in
strument of those who are. The
Hulletin is a local institution, which
has its projrsrty and spend its
money here, and it will always
"work right In" with all projwr
productive agencies and against
destructive agencies with A. M.
Drake no more Uiau with any other
engaged iu similar efforts.
1
The Columbia Southern Irrigation,
Company's segregation hns Iwoil re
duced by ?to acres, which was
rejected by the Washington author
itles on thu ground that it was tiut
burlaud rattier than desert. Of this
730 acres rejected fiom the coin
pruty's segregation W. A. Lnidlnw,
nianager oftitQ company, iuimcdi
ately made tipnlk'utiou for ifio acres
ayd T. A. KtttlitrfArtl, the com'
luy's bookkeeiwr. applied for
another quarter section, leaving .100
atres o)u, (u stxtiotw 3, 3 nud 1 h
17-11. The timber is ntUher heavy
uorofiitxxl oualitv. howerar. and
the demaud for it i uotiger.
Phis rejection of 730 acres Tram the
company's susrei:; tiott ntccsBltated
thtHinakiug of a new contract with
the state, which has now gone to
Washington with the Amended
segregation list, and it is expected
all will be appro vet I in due time.
Z. P. MOODY,
General Commission I Forwarding Merchant
SIIANIKO, ortlKION.
I.AItlili AND COMMODIOUS WAltlillOUSI!.
CONSIGNMENTS SOLICITED. .
Vtompt attention paid to those wlm fttvor mo with their imtronnge,
Honrd l3'tlic
Day or Week,
Under New
li!inilOUICUtt
THE PILOT BUTTE INN,
A. C. I.UCAS, Prtiprlctor.
Uftotli Cornett Stages stop nt the door. Only ' ' "
MVery Ham on the DeM-hutes, run iu connocttou "'
with the i Intel. Tables supplied with fill thu
Delicacies of the Season, l'lrst-clnss equipment.
1 I'iuti Rooms and Iktls.
ORI5GON.
BEND,
THE COMINO RAILROAD.
Of course the railroad will come;
there never was any doubt about
that. Hut Mr. Harriman's assur
ance that the Columbia Southern
will be extended into Central Ore
gon next year is gratifying because
it gives the public something
definite. The Bulletin hud infor
mation last July, and printed it, to
the effect that the railroad up the
Deschutes valley, would probably
be built in 1904. Six weeks ago
a local director of the company wos
notified that the board would soon
be asked to take formal action for
the Columbia Southern extension.
Mr. Harriman has held the key to
the situation, however, and his an
nouncement gives the public some
thing fairly definite to reckon with.
More tlmnn year ago the survey
from Shaniko to Bend was com
pleted. It brought .the distance a
fraction les's than 100 miles, the
mileage being increased to get easy
grades. The engineer work is now
in such shape that construction
crews could be put at work in 30
days.
While no definite survey of thisl
line lias been made beyond Bend,
the design of the company is to
build through to I,akeview on the
south and to Burns ou the east.
Bend being the junction point for
these two lines. It is to be expect
ed that the road will halt nt Bend
several years while the. interior
Efforts of the general land office
to restrict public land business to
the laud district does not have the
effect of hejntmr the' noor man.
Your wealthy laud seekers,' timber
syndicates, etc., transact their busi
ness at the district laud office al
most invariably. They have the
money to " pay the expenses and
they want to know definitely the
action of the land officials. The
poor man, who can not spare the
time and money ueccisary for a
trip to n distant land office.
executes hisaplicatioiu and proofs
before local officers. To deny him
this privilege is largely to deprive
him of the power of asserting his
land rights. This the land sharks
like to sec, for they arc seldom
hampered by poverty. But there
ought to be closer scrutiny of the
work of these outside officials, who
ought to be under bond for the
faithful dibchnrge of their duties.
the public is very easily imposed
upon in laud business. Reform
should come by making the'scrviee
better, not by abolishing the con
venience we now have,
It Is pretty plain that the Roose
velt administration has not much
iwttence with the old style of
governing by political pull. This
is n moat hopeful w. When the
business of thu government slmll
be conducted on the basis of
honesty and tfllclency. rather tlwn
upon the uximltcncy of practical
politics it will be a better govern
ment. It will be rather touch on
the OreffOtl rfulotrutimi. nil iimi
organized. But tlw jwople at large
will gain wbat tire jwlitical heelers
Land wire )niHefs and the hM
retinue of .vA-vtle blatherskite, km
Many who aro now forced against
their better judgment into the dirty
IoI of practical jtoliiics will rejoice
when we have an end df govern
meut by twliticnl null. The Roose
velt administration is a Iouk hlop in
that direction.
CHAMP SMITH
1SOM Cl.rrtK
SMITH & CLEGK'S
DEf PPTIAM
Wholesale and Retail Liquor House
PRINEVILLE. OREGON.
I'lntwt Hrands of Liquors anil Cluttrn. Two door Smith of Hank.
As M LI PPM AN & .CO.
im.ti.ata in
Furniture and Undertaking
Sores, Wall Taper, Huildin Materials, l!lc.
MAIL ORDIik'S MUMLY ATTENDED TO. PRINEVILLE. OP.
Tlnttor lmil.-Art Jine j. tftfA.
NOTJCK FOR PUBLICATION.
I', rt. Una Offw, -1 n I WU, w afrrw.
NtwamLar ia. Mai
n.N2IlLti!!CT!!ri5,w' ,h"1 '" "i" M
.aa uiiiui .. .. r. ... .fl ... r r
-- ....to, am .. nn in. nnin mirratvi
,.?.".,u,orc,,,''r'""' m. Navada, aad
w?'",OH Tarritorjr." at eatMll all Oh
HmWHti wwaer f7 am vt AHflHt 4, lP, t I
ItiMf amuti BlAtawula 1
liar aw ft! TliiHiua
of tfj 7th Mrart, fortlaurl, oaaHiy a IfaHawHwh.
tair artHctnn. wi autataetrt No irwj. Mail J
lutu ..k. tmt I k .
tp 17a, r it , w m.
af 417 IJ Tirt HUait. rf,B'l.ak, nwiW crKlas.
ttetaorwathtuctott trH tutttaaai Xe 11 a.
WJtfj, o.t. k.rtMrMtta4'OMtMwW.
hH tw aa4 rra K ,' ty, 1 a t, r It 1,
iv m.
K Tiat Wtart. Ontra tUa, atMMtjr efKlaK.
u DfMiii! uiim lati .in. 1 M.T.A. aL2l
Jatwj, ifru.lbr tb purciMt af ht aft awK.
rK tK ait4aV wK aat it, Ui ao, a, r 11 .
wm.
of iu Tth Bfratj .vnlaml. awMHtyof MattMaaMh,1
ttate uTlrtPKi Iwura ttMMfial o fM, ItM
June 1, fyt. fifr lh.JitKt u?tb imrg Mt 14,
That tbav wH i5r ttrnof to it,aw that lltcMitft
nigm nrun niwuir iw fa IIMUrr r
LUMBER
s ...- FOR SAI.IJ- -a
ROUGH AND DRESSED
- -ALL KINDS AT .
NLOT' BUHIi DEVELOPMENT GO'S. MILL
than for kffrtcaUoral imtuotcw, and tu
tiwir culm to um lai.t Mfora th Kactatar awl
Haarlwr at The ItatUrt, urftH, oh Haluntr.
Receiver Aa Thomson, of the
Ia Grande land office, was acquitt
ed iu Judge Uellinger's court last
week of the charge of bolicitinga
bribe. Hut the secretary of the in
terior declines to reinstate him in
office on the ground that the trial
developed something wrong, though
Thomhon was not proved guilty
of the crime charged, and that his
reinstatement would be an in-
justice to Register Davis. The
trial made it very clear that public
land business has been very loosely
done in Pendleton, both on the part
of applicants rfnd by those who take
affidavits and proofs. The comity-
judge seems to have been n leading
offender in this resnect. Hut
Thomson is out and now there will
be another lively beating of the
political woods for n successor. It
may be that the secretary and nresi-
dent will follow the precedeut' set
I'rbfUtl) tath. iw
iVKoxawt Hrry in
KuWwkw. of Walla
aua ami frtrU Chrtt-amN,rOraM Mlw, TO
Tliy;iMie at h!bW Oaaige W Marrow,
Wathiu llaVrtou, atcila titwtau. lha o lok-
JohB I'lWh, I'raal. W Ko anil Harrr II Taritnai.
of Ilpttlaad, Or: C KuMaaau. at Walla WaHa
jaitn IIIum, oC lktt.1. or
If you wrnit n deed or mortgage dmwn
or acknowledged or any husfnass imjigrs
prgparcd see J. M. I,nwronc about it.
If you wish to know whut the publfo
.. laud laws, instructions and rnlfngs are,
or what the state or United Stntos 8tt
utofi say you con find out nt lifs offlec
He hns full .sets of all those books.
:
Jlltf BM.I ll .wuu.m .A.l.l.. JuJu ...-.
aUc4cKrilMl laattt art wnaantwl to alilMr
alalHM h lliui uilr on or baibrc the mM Mb
wr w iTvnHrr. iwua
II f ia MicitAj
li
UHI. T. MOLAX. Katlatar.
Columbia Southern
RAILWAY.
I'ASeKXOKK TKAIK TIK CAKI).
linTtctlvr l'abrtiacy IJ, YfH,
sunscRiim por this
WEEKLY OREQONIAN
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400
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STATIONS.
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SIIANIKO
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KMAVI!
THE BEND BULLETIN.
BOTH PAPERS $2.00 PER YEAR.
'Ja,.,X,'SF100!,1l,tlmtiJliaiilkp for Alltel-
le.r"tc,,i.,f'.,.)1' Anlone, Atlitv6&l, Cam
yon City. J6I111 Way City, and l'oitlt.
C. 1. I.VTI.U,
It II M'lAt)lll(Ulv.
ttupcrlntcmleiit.
. Blianlkb, Or.
Columbia Southern Hotel.
SMANIKO.ORIKION.
'RATKS PROM $1.50 UP 1KR DAY.
llot and cold water on both florfrH. ' Ilnths for the use of guests,
livery modern convenience nt luiiul,
The dining room, under tlic direct, supervision of Mr. Kqetmy, is a
very model of tasteful, spotless elegance, nud the service js equal 'to any.
In tlic'Stnte, . '
All stages arrive at and leave the Columbia Southern,
J, M, KGUNHV, Proprietor.
ft
1
u. I', and I'. A.,
Uhunlko, Or,