k&r ifrnfrmTi 't " . (ffsp Vlz dmca-JicrnlO Tho Olflolnl l'nper ot llnrnoy County hka'tho.InrKoat clreitlntion nml la unit oj tho'liest ndvcrtlalnRintHltiimi) in Knslorn Ore rod. mmt tDlt Oircpl 3-inriicy (Coiiniru Couth mi nrt-ii of ((,'128,800 it(tt ol Inndi 4,0,'JI,DM iicrcd yet vncmit mihiicl lo entry ninlcr tlio imlillc lurid ln, ol tho United Htiitcn. IT .1 AJ VOL. XXIII BURNS, HARNEY COUNTY, OREGON, MARCH 20, 1. 11 NO. 19 She u 30 25 00 W 08; IS (0 33 to; 051 30 90j og oof (0 10 BURDEN LIES ON STA TES Secretary Bollinger Says Obligation of Conservation With Us PRESIDENT PUTS O. K. ON TALK (Secretary of Interior Speaks Before Minnesota Convention and Says Government's rower Resources is LimitedDeclares lie is for a Conservation to Conserve Wise Policy. In an address before the Min- claims, at their market value, nesota conservation convention, are withdrawn from entry, nwait- Socretarv of the Interior Ballin- "iff classification, and all the un- ger pave nis interpretation 01 the national obligations regard ing the public domain and its disposition. The speech accord ing to reports from Washington had the personal O. K. of Presi dent Taft The greater portion of the burden of conserving the natural resources ot tho country were laid by Secretary Ballingor at the doors of tho states. "There has been and is," he said, a grossly exaggerated no tion among some people as to what the general government can do in conserving the natural resources that lie in the deposits of minerals and are contained in the soils and streams. For the most part they have passed into private ownership and are under jBthe municipal jurisdiction of tho .states. Any national conservation , Buolicy must be predicated on the I IJJJJB entered or unlocatcd coal land in Alaska are standing under ab solute withdrawal act of 1906, and not a patent has ever been issued to an acre of coal land in Alaska. In fact, nearly all tho coal lands that have been pat ented have been obtained not as coal lands but under the guise of some other form of entry, ns agricultural, timber or stone, etc. No man, or set of men, am com ply with tho present laws and finance a mine on tho public do main of (510 acres of land except under extremely favorable con ditions. Tho absurdity of the law has, ini tself, invited fraud and indirect methods of evading its provisions. "It is impracticable to secure oil or gas lands or phosphate lands under the general mineral laws, and in all these cases there is no power of control or ability in the department to prevent policy affecting the public do-1 monopoly in the sale of tho tie main, since for the most part the posits when the title is once se states are soverign within their cured thereto. Awaiting rcmc own spheres of jurisdiction, dial legislation from congress, all Therefore, I believe a greater known areas of public lands con obligation rests upon the state tabling these deposits arc under than upon the national, govern-, temporary withdrawals from pn ment to inaugurate laws to pre- Jvate entry, and it is hoped con sent waste in the utilization of gress will furnish the interior latural resources." 'department tho necessary ma- Kef' rring to tiie duty of the chinery to safely and properly hational government in this con- guard the public interests in nection, he regarded it as essen- their ultimate disposition." ml that the public domain he studied and surveyed and an MEASURO IS NOT YET OUT OP WOODS. "adequate scientific classification , of the remainder of the public .But for the fact that the bill lands," be made. I nronosincr to raise S30.000.000 to He scored the "idealistic con- aid in the completion of gov- servationists" heavily for tick-, ernment irrigation projects has ing the proposition "without a been made an administration Ound knowledge of conditions.' i measure, it would stand little or I grant you some people are no show of passing the house of for the most part sincere, but' representatives this session. their very sincerity gives them Even now it is in a more or less such a vigor of imagination and i precarious situation, but the out- prediction that it is oftentimes look for its final enactment has hard to combat their vagaries . somewhat brightened in the last except through practical demon- few days, and its friends once Bnllinger - Pinchot committee, should have expressed the view that thero is no need for raising this $30,000,000, for his opinion oven though it bo based on per sonal prejudice- against admini stration measures, will give tho opponents of tho bill apparently good ground on which to baso their protest against its passage, especially since Mr. Garfield is supposed to be conversant with tho needs of the reclamation service. But it is equally unfortunate for tho bill that Representative Mondell of Wyoming should have occupied more than two full days in ins argument ucloro the com mittee. Mondell, while- in favor of tho legislation, has an unfor tunato habit of talking all around the main features of a big ques tion, and that is what he did in this instance. Ho digressed, discussed irrelevant phases of the irrigation work dwelt upon tho value of water rights (a subject that was pure Greek lo tho mem bers of the committee) all tho while crowding out other west ern members who wero waiting to be heard, and at tho same time tiring tho committee, which has never been over-interested. But latterly some of the other western men favoring the bill have been able to present short, concise statements to the com mittecV bringing out tho fact that this loan will be good busi ness for the government, helpful to tho settlers, nnd advisable from an administrative stand point, and these arguments, it is felt, will tend to offset tho dam age done by Garfield and del). A l?m?rWQ l?fkV?M.QV Oir.yr'V wore found necessary, but. under JTXJL JL ' JUJJ JL kJ JL' JJLVJi.XKJ JL JL JJLJM.J JL tho law at that time, could bo but imperfectly utilized. The nee-' I. .!!.. -t t. ,. .. uaauy ot consolidating mo var- Broad Application o Supreme Decision in Grazing Case COMMENT ON CASE BY PAPERS Court Held Hint Congress Could not Delegate to Secretary of Agriculture Authority to Make. Regulations Which Would Decision Knocks Things Some. . '4 , Have the Force of Law - Mon- Thc sheepmen of tho west are particularly interested in u rec ent supremo court decision in which it is decided that Congress has not power to delegate to tho secretary of agriculture author ity to mnko regulations covering the forest reserves that will have, effect as law. In other words the regulations must bo recognized and regaidcd have tho power to enforce its mandates. Hitherto, these objects have been accomplished through tho enforcement of rules and regu lations, which congress mndo en forcible by making violation thereof a crime punishnblo by heavy fine and imprisonment, as above set forth. But the su premo court specifically states was urged upon congress by tho president and all the executive officers concorned. Finally tho act of February 1, 1905, transfer red to the secretary of agricul ture entire jurisdiction over tho national forests, except in mat ters of surveying and passage of title. 'PI.. ll.n n.wl HnrHllnli..!.!. nu i uu I Ull.il llllll IWKUHUIUIIB JUI the uso of tho national forests are in accordance with that act and tho various supplementary and amendatory laws passed since Juno A, 1897. They are based upon the general policy laid down for the forest service by the secretary of agriculture Secretary Wilson said, Febru ary 1, 1905: "In the administra tion of tho forest reserves, it must bo clearly borne in mind that all land is to bo devoted to its most productive use for the permanent good of the whole people, and not for the tempor ary benefit ot individuals or companies." But to insure tho accomplish practically open tho forest re- ing the force of law. Therefore, servos to unlimited numbers of accomplishments of tho objects PAILKOAD OOSSII', titration. "Then, to give them theirdue," he added, "they have this virtue, more feel that there is reasonable chance of its enactment into law before adjournment, says a that they do not let us forget Washington dispatch. that extremes often prove fruit ful or sound reason to those who may be over optimistic." Of his own stand in the latter, Secretary Ballinger said: I am as ardent an advocate of wise conservation as the most radical, but it must be wise con servation to appeal to me. It must simply be as full and free a development of our natural re- u was uniortunnte, in a way, that the speaker insisted that the bill be referred lo tho ways and means csmmittec, which now has it in hand, but he regarded it as a measuro to raise revenue and hence insisted upon having it sent to that com mittee. Tho public lands com mittee and committee on irriga tion wero both anxious to get the sources as is consistent with our. bill, but the say of the speaker civilization and needs. It may1 was final, hence the reference to mean the reservation from uso I ways and means. for limited periods of certain of' Thero arc only two or three our deposits of coal, of mineral oils and gas, of phosphate or of members of the ways and means committee who understand irri- timber to protest against the in-; gation work, or who know that ordinate greed of men who wish the government has been to exploit the present with no (towards reclaiming tho regard for the future or tho gen eral welfare, and when it be comes necessary it is a national duty lo make such reservations out of public domain. "But we must not forgot that wo are not through with the policy of development, of build- 'bb an appropriation, rather than ing up new communities nnd I the authorization of a loan whicli settlements, even in far oil . it is. It lias been dllhcult to im- Alaska. doing arid lands of the west. In their ig norance, the majority of the members of the committee have been disposed to question the necessity for raising $30,000,000 additional at this time, and have been inclined to regard tho bill We have not realized that per iod where we can say tho re mainder of our public lands shall be auctioned oil' to tho highest bidder lo increase the revenues of the national treasury. Congress is now struggling with tho problems relating lo water power and other measures designed to retain in tho govern ment tho power fo control and supervision." Discussing Alaskan matters, ho centinued: Those Alaskan coal lands and oif.it is. press upon them tho fact that tho federal treasury will not bo taxed to reimburse this $30,000, 000 but that the money will bo repaid out of tho reclamation fund. - Moreover, those who know nothing of tho working of tho reclamation act, fear that congress, in time, will bo asked to appropriate annually for tho building of irrigation projects. With this prejudice existing in tho minds of mombcrs of tho committeo it was unfortunate that former Secretary Garfield, in Jiia testimony before tho When Colonel Wood, J. W. McCulloch and William Hanley got together one naturally thinks of new railroads as the records show they havo been buying uy lands that are of value solely for right of way purposes. But these men are always non communicative when approached for railroad news and ono has to look elsewhere to get material for a story. This week J. R. Blackaby ex hibited a letter from Colonel Hofcr, of the Oregon Develop ment League that had tho ear marks of sincerity and tho news is good enough to publish. Mr. Hofer staled that William II. Watts, who is tho general manager of tho Utah Construe- i tion Company and at present engaged in building tho nation cutoff stated that his company hnd a contract for building the Oregon Short Line extension from Vale to Klamath Falls. While somewhat similar state ments have been issued before this is tho first time the state ment has come direct from the general manager of the Con struction Company. Argus. "THE RI0IIT OP WAY flUTTERS." Tho visit of Win. Hanley, the Burns capitalist, Col. C. E. S. Woods, Wm. Matthews, John Whistler, of Portland, and Wm. Jones, the Junlura capitalist, to Vale, Wednesday and Thursday of this week created no little stir. A largo number of Vale peoplo crowded about them during their stay, but not ono of them can say that ho knows just what these "right-of-way getters" were doing. Hnnloy ensily led them astray, by telling that Col, Woods would tell about their schemes. Mr. and Mrs. Hanley loft for Burns Thursday, taking Engineer Whistler with them for a hard earned vacation they said, whilo Col. Woods and Capitalist Matth ews went to untario. It was learned that Col. Woods will spend most of his time between Vale and Ontario and Matthews is along to help him financially. Col. Woods is said to havo told Engineer Ashton that ho would give him right-of-way from Vale to tho mouth of tho canyon as soon as thero wero assurances of construction work. Vale Enter prise. Cottrill & Clomcns have put in a first class saw mill 14 miles west of Cold Springs is near tho valloy with good road. In first class timber picked trees from tho government. Prepared to do custom Work. Seo thorn about your government permit at once. sneep, it is said, since the gov ernment will have no means of enforcing its regulations. This news was contained in a Washington dispatch which says: A. F. Potter, chief of grazing laud in tho forest service, inter prets yesterday's decision of tho supremo court in tho California grazing case to mean that the secretary of agriculturo cannot institute criminal prosecutions against persons who violato de partmental regulations govern ing grazing on forest reserves. The court, by an oven vote, af firmed tho decision Wellborn of southern of tho actof Juliet, 1897, through rules and regulations is absolute ly negatived. For instance in tho California case, it was decided that viola tion of the regulation requiring a sheepman to have a permit to grazo sheep before ho could graze them on a national forest reserve is not a violation of law. Following this lino of rcoson ing to its ultimate conclusion, in actual practice, it can easily bo seen that under that decisihn tho forest reserves nro thrown wide ODon to sheen, nnd n shoonmnn of Judgo;,miy grazo his (locks without a California, 'permit from the forest service titnn iwii inni trwt sto nstitifi twit . i,u h.u . wuMWiw v.uu. uMvll, inipunnj becauso ho can delegate to the secretary of agri- ,lot j,0 prosecuted under a crimi culture authority to make regit ntl ohargo. lations which would havo tho! It has been suggested thnt tho force of law, and hence held that foroat BCrvice may. as a final persons violating such regulations recourse, attempt to enforce were not subject lo criminal lira- tll0S0 ruic.s ml regulations by soeution. suing in the courts to recover Mr. Potter states that tho do-' ,i,imnff08 sustained, ns is tho cision afreets only this legnl ca80 timber trespassing. But phase of the question and does this line of procedure would bo not bring into question the do- 0f little effect in preventing gen partmont's right to regulate the oral grazing of sheep on tho for- KI06IMU mi iunuiti-n, nut uuvn n, est reserves, a criminal prose in his judgement, curtail the cutjon js deterrent factor in right to impose a fee for grazing the enforcement of law, whereas on tho reserves. Both prsctices, n civjl suit, especially on tho part nesays, win oe continued, unless, of the government as tho dam ns regulations to bo enforced, that congress had not tho power but infringement cannot be pro-' to delegate tho authority to tho scented in a criminal action. secretary of agriculture to mnko The effect of this will bo to such rules nnd regulations hav-"l .?..".. ' !. V i . inir tho fore, of Inw. Tbnrofnro. '" l U,U UUJUCM 0l U, IOrCSl service, it was necessary that its mandates bo backed by tho gov ernment, nnd so the congress of the United Slates gave tho secre- tho power to delegato to the chief forester, and through him, to his aids, the authority to make nec essary rules nnd regulations for tho uso of the forests. Congress itself regarded its act as confer ring the force of law on those rules and regulations because it specifically provides that violation of them shall bo punishable by heavy fine, or by imprisonment, or. by both. 'Tho decision of tho supreme court seems to set all this work at untight. It tears the fabric of established custom in tho carry ing out of tho objects of that act to pieces. It abrogates the rules and regulations, becauso it emas culates the act in deciding that violation of tho rules and regula tions is not punishable by crimi nal prosecution. The court did not only pass upon the mnttcrof sheep grazing permits. Indirectly it passed upon the power of. congress to delegate its powers. It is a con stitutional question of vital sig nificance, nnd so tho supremo court must have regarded it. In settling this issue, tho court will certainly not make fish of ono department of nationnl gov ernment, and fowl of another. In effect, that decision means that congress has not the power, under tho constitution of tho United States, to delegate author ity to tho secretary of any de partment to mnko rules and re gulations having the forco of law. Do you realize how much it mean? to you to get Quality in what you . ,0"8bra"c,;Mofovernmcntfor; buy? There is a wide diversity in GOWrt est work became apparent and I J . , . V gooas; we carry that class ol mer chandise found only in other good stores. An examination of the goods in our Dress Goods department will convince you, of our claim of Qual ity. You wilf find a much differ ent line olocds -you will notice the Quality in looks at a glance. iviost 01 our gooas are Dougnt in dress patterns, a very important matter to you in selecting a nice suit. CALL AND EXAMINE OUR NEW GOODS Brown's Satisfactory Ston tifr, has been found in practice to bo of little benefit. It appears that in order to give the forest service power to enforce Iho objects of tho protec tion of the forests, it will bo necessary for congress to enact tho rules and regulations as laws. But this would bo cumbersome and inconvenient for tho depart ments of government. It is at upon lurthcr analysis ot the Court's ruling, they nro found to bo unlawful. Tho recent decision by the United States supreme court in tho California sheep grazing case, apparently has a broader application than cursory inspec tion at .first revealed. The de cision, indeed, might be taken as a revolutionary interpretation of tho basic principles of law gov- this day difficult lo draw tho lino erning tho administration of of demarcation between tho tor government in tho United States, ritory of jurisdiction controlled nnd perhaps it will devolop that by each department or bureau, this decision afreets every dc-' Tho rules and regulations havo pnrtment of tho government, as proved satisfactory in a measuro well as tho forest service, says becauso thoy could bo changed an exchange. , at any timo by tho sccrotary, Evidently t'.o supremo court, when tho varying exigencies np licing ovenly divided, considered pearod to demand changes, or it a question of great signili- whop now conditions arose that cance. The court in effect do-' tho old rules and regulations did cided that congress did not havo not cover, power-to delegato authority lol If congress should havo to pass tho secretary of agriculturo to laws for tho forest service, it N. BROWN & SON! Burns, Oregon. iS $ &fp J nit m v v -a r w r- m. l,. ubwifc firejUrance ... Represents the.... Home Insurance Co., of New York, Liverpool, London & Globe, !:iro Assurance Co.., Philadelphia. Ol'PICIi Wtrtl UUIOS & UHlOS. Bums, Oregon. Corner, uulli .if LunaburK & Unlton's. m WVfoV$&&&r &tS9&TO ! r-T- I many rules and regulations of fcw dayii B00U become fully con make rules and regulations hav-. would havo to do tho samo for ing tho forco of law. Willi) nnnnu n nrwln flrll tC iliu' tlin fiYinntnt lnrwl rtfltnn cussion from a legal standpoint, ' By the passage of tho act of and probably tho lawyors will ! Juno 4. 1807. under which, with A fniling tiny nervo no lnrger than tho finest silken thrend takes from tho heart its impulse, its power, its regularity. Tho Stomach also has its hidden, or inside nervo. It was Dr. Shoop who first told us it was wrong to drug a weak or failing Stomach, Heart or Kidneys. His prescrip tion Dr. Shoop's Itcstorativo is directed straight for tho cause of theso ailments these weak and faltering insido nerves. This, no doubt cloarly explains why tho Restorative has of lato grown so rapidly in popularity, Druggists say that thoso who 1 test tho Kestorativo even tor n split many fino hairs in inter preting tho ultimate effects of that decision, Congress, by tho act of Juno 4, 1897, snid explicitly that "Iho secretary may make such and regulations," and that violation of such rules nnd reg ulations shall bo punished by $r00 fino or 12 months imprison ment or both." soveral subsequent amendments, nationnl forests nro now adminis tered, this law gavo tho secretary of tho interior authority over tho forests and provided thnt their rules surveying, mapping nnd general any classification should bo dono bv tho United Stntes geological sur voy, and tho execution of admin istrative work by tho genornl nuro land office. This was dono on 'malt, vinced of its wonderful merit. Anyway, don't drug tho organ. Treating the causo of sickness is tho only sensible nnd successful way. Sold by lieed Bros. E. B. Hill is back from a trip to Canyon City nnd has gono to his land holdings in tho Trout Creok valloy. In Dr. Shoop's Health Coffee, healthful toasted grains, nuts. etc. are so cleverly TllO Sliprcmo court ill O fleet tho thonrv Mint, mnnno-nmont. nf i hlnndnri nn tn irivn n wntulnrfnllv ... . . -. -""- nv...w..- w. u.w....V. ..w a.,.. .,-. says in its decision that congress land, not of forests was chiefly truo coffeo tasto, color, and flavor. nan not that powor. involved, But it is ovident that if IhoLlluttho technical and complex purposes of tho act, "as will in-f problems arising from tho nec suro tho objects of said rescr-1 cssary uso of forest and range vnlions, namely, to rcgulato their soon demanded tho introduction occupancy and uso nnd to pre- of scientific methods and a tech sorvo tho i'orosts thoreon from nlcnlly trained force, which could destruction," nro to bo nccom- not bo provided under tho oxist- nliulinfl tn npflinl m.fWl!rn If ifl InfrsUlllnm Tim n.1tnin nnl Mim. , ... v..... miivhvv! .v ... ...D "JU.VHI, iMU UUIIV.U UIIU PU1", necessary for tho dojmrtmont to vices of tho bureau of forestry in it. Sold by Reed Bros, And besides, Health Colleo goes a third farthor than any othor kind. You actually got 100 full cups from a 25c, l pound pack ago. And Health Coffee is "madoinaminute." No 20 to SO minutes tedious boiling is at all necessary, And besides thoro is not a grain of real coffeo List Your Property With The Inland Empire Realty Company s y9. A speciality of Government land locations W. T. LESTER, Alannger, Burns, Ore-. V, 4 Nothing in the way of n Cough is quite so annoying ns a tickling teasing, wheezing, bronchial Cough. The quickest relief comes perhaps a prescription known to Druggists everywhere as Dr. Shoop's Cough Remedy. And besides, it is so thoroughly harm less that mothers give it with perfect safety even to the young est babes. Tho tender leaves of a simplo mountain shrub, give to Dr. Shoop's Cough Remedy its remnrkablo curative effect. A fow days test will tell. Sold by Reed Bros. Better get a pair of thorough bred pigs. Pork is worth raising now. Dr. Hibbard has some pure bred Berkshires for sale. NOTICE. All parties owing Lewis & Gar rett, or Simon Lewis are hereby notified that all theso accounts are in the hands of our attorney C. II. Leonard for collection and settlement. Persons indebted to us will please settle the same with Mr. Leonard at once. Simon Lewis J. T. Garrett. Williams Bros, saw mill at Cold Spring on tho Canyon road is prepared to do custom work for those desiring to take ad vantage of their government per mit. Also lumber for sale at $12 per thousand. Seo them about custom prices. m m&M m mm 1 The Harriman Mercantile Co. m GENERAL MERCHANDISE El EST GOODS AT LOWEST PK3CES Complete line of Groceries.ancLDry Goods Gents Furnishings FULL AMD COMPLETE LWH OF HAMILTON BROWN SHOES HARDWARE FARM IMPLEMENTS, WlftlONA WAGONS, BARBED WIRE Wo guarantee quality and prices Let us prove to you that wo'ltavo the goods at right pricesCall and see us Harrim coo., Oreg- ??? Mlyi iA