Image provided by: Harney County Library; Burns, OR
About Harney valley items. (Burns, Grant County, Or.) 188?-19?? | View Entire Issue (Sept. 28, 1901)
The Oldest and Most Hallflble. < . ..................... . Published in the Graato3t Valley of Eastern Oregon. The Best Advertising Medium. I Harney Valley Items V O L. IT. I««*. N. m >... killlur BURNS. OREGON. SATURDAY. SEPTEMBER 28. 1901. mim I • 1.50 1er Ì r«r. AI «»«Hl«« l.’HVnl«. NO. 44, cisión. defendant, hut tie? record of (Iwi By letter‘ H" of Septeml»cr 21, testimony taken in the case of tlie I cd and protested ngsinst the acci-p- 1S99, (his vflice, discussing the suiJ French-Glenn Live Stock Company tnnee of such proof. The grounds decision, and asauming that under va Alva Springer, tried in the Cir I Mm. Nurull K. Marshall Wins of I hfl protest arc here summarized, the circumstances of the cub <- the cuit Court for llarnev County tn Prior to the survey of 1895, and Department had juris fiction to in- May 1897, was inln dtice<! in evi- II er ('« mi W II II Ilin l-rcnch- Glenn Lite Stork Conpauy. prior to lie settlement of Sjrah E. quire into th) correc'.nesa of the dence l»v the stipulation of the Marshall, tl.<- protestant, relying survey of 1877, concluded that it parties, That was an action for u[K>h the meander lire eetablisheJ was essential under the decision to tresspass in vol ving Ja.trds adjoit - bv the survey of 1877, became the determine first, whether or not the ing * the ’ ~ meander ' line on the north The Land Gluco of this place is Hard tract of Every Description. owner, for value ami in good faith, said surviy correctly or approxim in sections thirty-four a id thirty- i in receipt of th« docision in the of all the lands in sections 32. 3J, ately represented the water line of five, the lands in section thirty lillt XS, OltEGON. (contest caa* of the French <¡l<-nn ami 34 and of )<>>t 1 ami 2 in Mo Lake Malheur at the lime of the tour lying between the lands of the i Live Stock t'o vs. Mrs Sarah E- tion 3.», ) h > i dering on the said survey, and second, wlothcr the protectant on the roulh and the ■ Marshall. It sHirins the decision meander !in<'. Then after the waler recession of the waters ft the lake lands entered by the defendant 'of the local ollicu a.» printed in these of the tak** receded and left the was gradual or sudden. You were herein. The said lauds are of the 'colu nns some months ago, and al- land dry in controversy together therefore directed : ih follons: ««me character aa the land in con . though quite lengthy we give it in with other lands, whereby the said As there lias lovn no bearing troversy, and the main i-rtte in full. Tue decision is addressed to lands, b' c ime u pirtof the lumls this office ii unable to determine that ca«e was whether the meander the local hind officers and says: south of the meander line, so pur from the rexxird now before it. ll»o lineappoximately representerl the questions of facts deemed material • •••••••«••♦• ••••••••••« *••••••••«• U99t €••••(>••• The land involved herein is de chased l>y the protestant. water line at the tin:e ofthesurvey • JOHN W. Blti'.s. Hcm leni, il, I -. I.EVENN, ■ scribed as the j of the NEj of, It is shown by the plat of the l»y the Department, and as Mrs ME>>. FRY, ( sab 1er. Marshall his heretofore failed to of 1S77. Vice i'residciit. O Sec. 31, and the HE« oftbcSEJ' survey of 1895, tlrit the south make a rullicient showing to war- X Luke Malheur as it 'existed in and Lot 2 of Sec 27, T 20 S , It 31 E boundry of the land in controversy lant an order of bearing, it is now * ■» 1S77, was a shallow body of water è The land lie« no’th of the mean-! is half a mile north of the mean<i<*r without aalhortty to direct a henr-l • running nearly east and west, ly o <|er line of the south shore of Lake lino established by the survey of I ing for the ascertainment of such i» ing ;u;ik) feet above the >ea leveL Malheur in T. 20 H , It 31 E . as ¡877, in th) ra»t half of section facte, but m she has u prima facie ( I in <»r[w>ra(«-’J ) valid e.ilrv of record, an ofiportuni It was about twentv-two miles long that line w ts established by the thirty four. It ap[>eurB frmu the tv must be accorded lur to be heard , i o BURN* A. — — — OREGON. and averaged about five mills wide. otlicial survey of John W. Me'.drtim, records of this office that the land-. n; its defense before any action ad O West of it and entirely separated eoiiiinenceil April 1 Laud complettd of the protestan», south of thi -aid verscly nfleeting the same insv l»e frmn it by a narrow isthmus lay taken, ai.d as no such opport unity April IC, 1877. meander line were returnad as |j«ke Harney. The waters of Lake A General Banking Business Transacted. I o On Aoril 11, 1-892, a numlxw of I swamp-land by the government I.as been given, \ou are d.rected to, notify her chat she will be allowed Malheur were from six to twelve Directors: .W. V. King, I. S Geer, Geo. Fry, W. E Triad). person)« executed n petition for the surveyor, and passed to the state fti xty days within which to file a 5 feet higher than those of Lake Har J. C. Welcome. survey of the xland* between th< of Oregon as such under the act of duly corroborated affidavit setting ney. In ls81, the water cut a •••• •••«••••»afr« «••««••«» C W««««frotosaco««$0*93 water line of Luke Mallietirsnd the March 12, 1890(12 Stat., 3) forth the facts that the Depart cnanm-1 through the isthmus, which — ment has indicated are necessary established meander line thereof, The local officers dismissed the for lier Io allege and prove in order kept on widening until, nt the time alleging that th ey settled on the protest of the Fteach-Glenn Live* OFFICIAL, IH ICIXTOIt A PROFESSIONAL cards . of (ho hearing herein, it was a to siihtaiu her "try. .slid land* in good faith The pe- Stock Company, whereupon the. In ease such affidavit "is filed channel of considerahlceize throngh • 1 a r< or oMKuoM 'lition was filed in this office on > protestant appealed to this oflice within the time prescribed, you J which the water from I.ake Mal U. M Mei* Alora. ,a W M. HU4< j May 2, 1S92, and ivm denied by the which, by letter “IF’ of July 1-1. will order a hearing if, in )OUr| h m xrLLtx, heur emptied into Luke Harney. i M « ' C'eut rwaaoiea. the allegations therein! oflice Istler ”E” of Mey 13. 1892 i 1S98, Iransmilied tin record to 1 judgement, I I UuU.4- T«' <’»• I . . Lake Malheur received its main n II X. Mtarbburul Alluru«y Oil an appeal by the petitioners, lhe Department for instructions. contained meet the requirements photograì her . supjdv of water from the Silvios herein mad« If a hearing is order 9 o »» hjoi , T. T. <•••* I dated May 2<i, and ti'ed in this In the said letter lhe fact wan ed, notice thereof must In? duly F. I Ouut.ar i •verrai ’ of Italo. River on the north, anil the Blit- C H. Mvor« ' Ili a I r«xau*«r. . oflice on June 8. 1892, th« Depart- | pointe 1 oyt that the Department 4 nerved on the French-Glenn Live iliirit-.. ♦»remoti. zen Riverou lhe South. A consid J li A>-l«r»>n Bufi l ui» luiUUtUFt, ment held, on March 3, 1893, ini in its decision of DecenilnT 3. 1894. Stock Company. Main St—opponile Bank W H. L*«4» erable quantity of water emptied <C. K W(>lv«rl«<tt the Lake Ma'heur, lb I. D. 25G, 19 L. I)., 439. supra, distinctly rec On November 24, 1 SB’-), Surah E tn. «. h ~ i . Judgaa, ... i into the lake from the Blil/.m River tv A H<wra following the decision* of the sii-! ognized the right of riparian pro Mart-hall filed her aflirtavit alleging, up to 1391, but after that y«‘ar the «ittiii jcutcui. nuTKicr I prune court in Hardiny, Jordan,! IUSDEN A 01. AUV prietorship in the state of Oregon in part, that she has known and : ilow was greatly decreased by rea OlrxoH lud<«. M. O. CUff.rd M and Mitchell vs. Smale, I 10 U. S., resided upon the land in contro Pr»««euttu( AlMtuty. • «• MiUtr and its assignees, but st the same; w L Marndcu. son of tho fact that a considerable Juhu W Geary. V. a. land uvnet. Mvaxa. 37! and 40G, that the riparian pro versy for nine years, that it has time directed the extension of the. ¡»ortion of the water was drawn ofT /*y»i- mih * <( Surgeons N»<’ «' M«y*> prietors tHke to the center of the not the ajqiea rance of ever having survey over the lan 1 hr complet in ditches uni consumed in the ir- But ti«. Oregon. Hacairar, Cha». Ktwali ! lake, which is non-navigable. but | been the bid of a lake, anti that ing the survey of the townships fKF “ i>tfi<-e at rrvidriKv. 'i'honr 20. . rigation of lands south of the lake. HARNEY COUNTY. she is informed that the survey of it appeared that the north shore of luvolved; and it was suggested That the water in Lake Malheur Joint Nrnstor ......... J. W. Morrow the lak. in township twoitv six, 1877. did not represent the water ” R»t*r«« 'ntaUvo........... 1. H Geer i that, under the said decision, it was higher in 1877 than it was in range thirty-one, had not been line of Lake Malheur at that time County Juilgn .... Janie» Sparrow H , K t KBS. W. II would seem to I>e proper to cancel 1900. furthermore ch-arlv appears meandered and that, at that time, and that if it had represented the ,, ,_ _ ( A. Venator ' < ommisaioeors............. ) tl^ey | all entries made for lands claimed from lhe testimony of witnesses Physician and Surgeon. tiie government still retained the water line the ¡and in controversy by private ownc.'s by virtue ot ri who had for many yea's observed Clerk .. . It. Ricbari'son 4 title to nearly nil of the land bor would not have been iticludtd in Burn», Oregon. Sheriff ............................... <t«o. Sliflley | t pari in proprietorship. the relative stages of the water in The Depart On May 31, 1899, tne Depart the meander line. On November Treasurer ............................ U. A Miller jf^F“1 iflice over Voegtly’s hardware during on lhe lake. the two lakes from the isthmus 28 and 29, 1899. respcctiv» ly, the ment therefore gave the following A «aosoor ............................ Joe Biii'lianan (tore, Main St. ment held in this case, 28 L. D., I separating them. It ap|*e:irs frmu Bupt. of Nrlioola ................. .J.C. Bartlett tiled corroborating atlidavits of I’. , dir clion*: -11 1, that measurements nod levels run in Surveyor .............................Ge«. WhiHng ‘ * • You will, therefore, order II. «Smyth and James B. J ntre, If the waters of the Like covered , behalf of the protestant in 190U, C>n»Mr ............. Dr W. L. Marsden surveys of those lands where no Both Smyth «.nd Jentre alleged Dl'33 * I I..U.S. Htock inspector ........... Lun Richardson meander line has been run, and in this land as indicated by the first that they have known the laud that the water was from four to five J. W Biggs. Ita1t>u lllgga. townships where the government survey, a conveyance of the lots feet lower then than the mcakui-r BCRNN PRECINCT owns the lands adjoining lhe lik", shown by that survey to border since prior to 1877, that the survey line of survey of 1877. faninxMi Justice of tbs 1‘eaee ....... D. A.ltorneyt-at-htw, in cases where (he frontage is of upo-; (fro lake carried with it all Ri tirade in 1877 did not represent the ... Geo TrciraakU < 'enviable........ The banks of the lake were so III KX«. OltKOOS. sufficient extent, and the receding parian rigl.tsof the United States water line of latke Malheur, that if errv OF BdRNN. and consequently all land added to shallow in 1877, and the iike m > fkF“< tithe in Bank building. water li is uncovered a space suf it had represented the water line C. E KellVOII Mayor such lots by reliction. gradually merged from openwatcr ficiently large to warra'it theex-1 Jno. Cantwell, M arsitali It was contend-.«! in behalf of lhe the land in controversy would not into a tulc swamp, that it vu> in tension of the lines. Around dis-] C.S. Biggs |_| »VM A SAX IO«. Kecoriier cretion should be exercised in such defendant tbav the meander line have been included in the meander manv places impossible to determ W A. (iowan Tensnrer cases, under the above ruling. established by the survey of 1877, line, and that the land had not ine where the lake ended and the GKO W. IIAVKS JOHN G. SAXTON (I C. Folev. )W. E Tritnlt. (’<» «incitinoli On the request of the Surveyor did not approximately represent since they have known it, been t swamp began. Township twenty- Attorney» .it-Law, C teo Fry General of Oregon for further in the water line of the lake as it then covered by the waters of Lake six. range thirty oim , north of th« 'Geo. Slieltcy. III K\S. OKKtiON'. structions the Department, in Lake existed, and was run a consider-' I Malheur. Attorney for Slat« School Hoard. lake, was not meandered, as ba« On December G, 1899, you issued Malheur, 19 L D , I39, reiterated able distance outside of the said been uls)vc stated, and the foliow- L«»4g« I>ir«*t«rj. the holding that owners of lauds line, but this contortion was not a notice setting tire hearing for i:ig notation is found on the plat upon Luke Malheur, having ripar- supported by any afli Javits of per January 19, l’JUO. On December i of the same, the townskih having Rea*« I xiouk No. 10; K of P UUILLfAMlI* FITZGERALD . inn rights, take to the lake. But, sons who had knowledge of tin" , 7, 1899, and Jan. 2. 1900, the : been surveyed in 1879: Mort« evorv Ttiiiriulnv night. Thornion William». M FdzgoraU, F M. Jordan, C. C. I abandoning the plan of the survey ' condition of the country in 1S77., I French-Glenn Live Stock Company Attorney al Law. notary Public. The surface of this tawnship is H Muthemlirad, K of II. S. o tiered on March 3, 1893, 1G L. D , The Department held that the rep i tile«! protests against such hearing, ■ hut a trills attore the level of .Mal Law, Notarial anil Real Estate alleging, in part, that it bought its heur Lake. Salt or Alkali grass is I 256. supra, the Department direct resentations made by the defend BERNH CHAPTER, NO 4», O. E S Practice. I land shown bv the plats of the sur i found in abundance, with occision- ed that nil tho dry land between ant’s attorney did not justify nn Alerta arconti ami fourth Mondar of Iluriia, Oregon. the meander line and the shore line order for a hearing and that, in vey of 1^77 to Irorder on Lake Mal j ally a patch of bunch grass. Mal wach monili in Masonic h all, Voegtly heur Iles at an elevation ofSGOM 0flice in old Mnsonic building of the lake be surveyed by comple building Mrs M tggie l.evcns, W. M view of the defendant’s failure by heur in good faith and in the be feet above sea level. Malheur and Mrs Eunice Tfiompaon, See. I ting the survey of the townships a proper showing to present the lief that the land actually extended llarnev Lakes are separated b\ a I involved, thus leaving the determ I hypothesis that the survey of 1877 to the wa'er line, and that it would narrow ridge er isthmus varying BURNH f.OlMiF, NO. 97, A. F. <« A M. j p* M.JOKDAX, ination of tho lateral boundatives was incorrect, it was not necessary not have bought the land if it had in width from five to ten chains. Mst ts Hqturtlav on or tirfure full moon, j of the land of the private oA’r.ers, to discuss the proposition whether not been repn seated by the plats The ridge or divide is covererl in Qualified brothers fraternally invite<i,' Practical hind Surveyor. places with a thick growth of grease under Hardin vs. Jordan, supra, the government is estopped from ns extending to the lake. On Jan- wood. 'The shore of Malheur Lake E. Kenyon. W. M. F. N. Rieder. I lluriii. Oregon stipulated Necy. for subsequent determination. questioning the ________ correctness _ of the . uary 9, 1900. ■ the parties • - in not well defined in this town- The land was surveyed under , said survey, The holding is here | f°r * con^*nuancc ^Pr*‘ship, except in sections 29 an«l GM, On March 10, 190), the protestant Qn t|ie p|<t of township twenty, RI’RNH UMMJE, NO. W, A. O. V. IV. g W HILUK, these instruction« in 1895. the .quoted: I M«eta at Brown hall evsrv Friday eve filet! an appeal tro:n your action f (<c north ol the tracts in controversy being a part 1 do not deem these statements lattina thr» <>«co fnr a hearing. inJ i.k. , range thirty two, ning Visitlnie blot Iter« fraternally in- ‘ «1. -.j ¡H Notary Public an<l Conveyancer, jof the lam! so surveyed, a.rd on ns t ............... ___ _ **t4ing the case tor a hearing, and which was also surveyed presented sutlicient to justify an vitml. Tltoa. Magers, W. M. Chas. N.' order for a hearing to determine <»n March 13. 1900, von rejected 1379. , ................. Mor<<a<e», Ifahlii, Etc., correctly made. the following not« tinti is i August Ki, 1-897, the plat of sur f'oehraa«, Kxorder. Office ai Store. ihtriti. Oregon. vey of the township within which the correctness of a survey made (he ap]xal. i foun-l. in harmony with the descrip- The hearing was conclude! on tion of eÌ2C jaQj piv,.n ¡H (he field lhe tracts in controversy lie was ■ more than twenty years ago. It is IIARNEY U»IMiE, NO. 77, I. O O F. ■ not necessary to discuss or consid Meria every Haturdav evening, B own’s On tho same er any proposition as hypothesis October 27. 1900, and on December noteP: W AN DtFl—SXVER Al PERSUNS OF CHAIS filed in your oflice. hall Viaiiing brothers fraternally in artcran«! good repntation in each hlate(one in i<‘ - .................................. 15, 1900. you rendered decision With the exception of a pinjeeC- vited. Frank (). Jackson, N. G. this cntinlY re-in»rod)U> represant ai.U ad verthe day Sarah E. Marshall made home- that tlm survey of 18T7 was incur-. o|«| e«l»bll*h«<1 wealthy b<i*ino»N hotixr ofsMlid C. U. Smith, Hecretary. ret ommending tho dismissal of the ing point of table land in the north either through mistake ori financial stnndinr Ha’ary |1A 00 weekly with stead ent»y No. 786, for the said rect OipOOMS 1ldoillottftl( all poykblo in cn>h each protest. The protestant appealed west corner I he surface <d this<.*wn- 1.50,96 acres, fraud, Wednesday direct from head office», llorne-! tracts, containing ship level end low. Nearly th« TH I, E CIRCLE. NO. 1«'», WOMEN OF •nd carriages liirni hr«t. when WOOOaaer* Kef Thr recon! was accordingly rc- on January 21, 1901. within due entire is township Woodcraft. Meet* 2nd ami 4th Tnen- erencev Kneioae self a<1dre«<<ed stamped on * j and g tve ii atice of her intention to in overflowed infix ielope Manager, .fltcaxtou Hulldiiif. Chicago. dav at Brown’a hall. Mm. Till!».Ionian, submit final proof on October 27,( tttrneii to this otfico with the direc-1 time after notice of your decision. spring. The eastern («art is a Itale ,Mra. ten« Whiting. Guardian. 1897. On the last named dsto she tion that action lie taken in accord-j Only eleven witnesses testified awatop, water standing tberewn ttee Clerk. The Northwest Livestock and I appeared with her witnesses and ance with the facts am! the views at the hearing, five in behalf of the entire year, Wool Growers’Journal und Items, submitted final proof, and the expressed in the department»! de- ' protestant »nd six in behalf of th« Coutijoued on Third I? » rear O-e*nnii>) »nd Tfcma. *2 ’>0 SWMP LANO DECISION Geer & Cummins THE CITIZENS BANK », s i Capital Stock $25 000 00