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