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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (April 4, 1901)
letwevii I In- eluinuinta under the land l.l8t)f tilt' I'llited vlHhC Hlld tlit llle Slate of Oregon and it irranteej Uml decided adversely ti tin' VtHor thi ollice, and that other crtt't of like character nere then eiidinit. td I directed tliNt thi tli v "i'sin-e a'L de cision recommending r holtliiik' l"l cancellation entries or declatat"y state ments. up..ii tlx- ground thai the land rii ooitet wcie giautcd to the Male of Oregon as iini' iiiul overflowed Unit by the act of March 12. lstn.1, in U scl ide and annulled iiimI Hie nhi'j rein Mated. Hinl nil contests based upon said Kroii int alone. t It' dismissed, mil tluit iil r j me all bona tide chums to caul lands, law fully initiated, to If iioecu ted and perfected with all 1uf ihligeicc. according to law and 1 1 if Kules of Prac tice (17 L. 571 1." October 10. 1S5M. Secietary .vtnith de nied nr. al'l'luai ion for reheat ing ,1!' 1.. !.. 2"). ami on August 4. IS'mi, the same i fecretnry rejected and cauceh-d clear list j No. submitted ly th:s ollice on IV i tcinber 14. IS'.' 4. The several tra.ts hi eluded in said list. No. e! from l;-ts N". SO ami 31. hereliihelon rel'eried to. There were In-fore Ihe IV fMrtllien! at the tune said i -i- ti can- coll l ni2 said li-l. No. was n ii'li n-il an aoi'Invit i ii for certiorari lv K. I". M I'oiinauihy seeking to have reviewed the actions ot this ollice taken !y h-tler K, January 5, IS'.'."), mid the aieaN ol .Tesse Moriow. lexunder Oimeron, Koh crt lieaty. S 1. Sloan, Charles Tonniiig en, Nils 1". T"iiningsen and Waiter Poindexter, from the action of this of tice, letter K, Oetola'r 4. 1S'... dismiss ing their protests, against ihe approval list No. ;:. In said deeis on of the August 4, l!si. cancelling clear lll No. 19, it was declared that ''The true effect ami iiifaniie' of the decision of lVeem- Iwr 11 1S!:! in the case of Morrow et i any and all land ! ra simu ..i I ttwon et ul.. above, wast Miu!a;ion ol May 4 to cancel lists ot ami SI, and to reject and annul all claims' of the State of Ore iron and its' alleged assignees to anv and all of the tract of land therein de MTilfd. The hind emhraced in aid list "0. -1 and ;'. were not on Manh 12, ly. swamp and overflowed lands, made until thereby for cultiva t:on, and the Male of Oregon has no li 'ht, title. n.-erc-t or estate therein v2;l i.. n.. i7Si." A 1.1.0.1st 11,1"-"', Secretary Smith re querte 1 tin ilice to return his de. isioii ot Auiiiist 4. lNiii, for further consiiler ation and diie ed 'hat ail a tion there under It- iiim .led until further notice. I'rior to the !" isio:i of August 4, I !'. sunk (.'0111 pa ny tiled a hill in ep:iiy in the Supreme t'"Urt of the 1'i-liietof Columbia against secretary Smi.h and in - pivde . e- 'r. Coinuilssioner l.atno re'ux, cl.iiuiitc a ura n tee of the State of Oretfoii under the Act of SeptelnU-r H. I ..", and March 12. ism. It via pravel that .e-retaiy Smith and ('oiiitiii-ouer Lanioreux he direct ed to nreiirtie and i-U'.' patent to tl .t:ite ot Oi eii Mi tor Ihe laml of evidence in all cases, shall thcrviioii iHtclofed. It is further n'c-ed that either party may lutiihiuce at said trial, uhject 10 ohjivlion, any documentary evidence in Its posession. or now on lile in the lieiieial l.aud Otlice, tr in the olhco of the Secietaiy t the Intel ior, or which may U of record 111 (aid Local Land Ollice, except the rcili ol opccial auenls, and accompany itm papers and mac also introduce ihe tiausciipt of the lestimony of any wilnessesi heietofoie pnshiceil and examinttl in eonueclloii f w llh an v ol said lands. I'rovuled that j full opportunity for toss examination w as attotdtil the aitverse pally at the: time said w itness was originally produc ed, etc. ' I Mav LI, IS!.', Secretary llitchnH-ki cousideied this case, noteil the fact that j each ol the preceeduid !eciclarics w ho j had undertaken to tlpose Iheieof, had1 altei w aid levoked or vactcd his wu ilcci-loii and silsH'iidfd action; that I Secreiary I ran-is, while rendorinn no' decision in the case, had also siisit'iided 1 were selected ' fill I hcl act 1011 thereon; that thereloie 11 was necessary that aihimative action he I taken, and that as it did not appear thai 1 there had heen a complete ami l.ur hear ing, will, not ice to all pal lies, thai ; I he decisions ot IVcfiuhcr 11', l.'.'i, . Octoher 10. lS'.M and August 4, I.VMi, herein aie uccoidinly vacated and all ; tliH'i.-ions iespectti.il the character t.t these lands or any ot them, heretofore j tendered hy the Ih'pai tnient, jour 1 otlice, or Ihe local ollice, are set aside with a view to a full ami fair hearing alter line notice to all Concerned. It' was luuher directed that the hearing he 1 conducted in accoidance with the stipu- I Vtiart ment, ! lallon, lieieinhefore inelilloiicd, tiled May 4. 1S00, and that the heat u. sliuiilil extend 111 addition to the laud emhrac ed 111 said lists ;t0. 31 ami to include ih'-crihed in said 1 ... ee Mor row et al, v. I he Male ot OicU"i et hi, 2s 1. 1, ;wo Hy letter K May 22 this ollice transmuted the decision rrmiered hy the l'epartiueiit as aioie-aid, an I hy letter K Mav 27, 1V'J, directed voiir Ilice to set the date tor horine on .1 ul v 17, IStK.t, if ,ra ticatile, ami on June 1, IS'.til, h) teller K the papers, refolds, etc. ol Hie f irmer trials were lorwarded to your ollice. l'lirsuant to the oirec ti'ins oi the lepartmeul . you i.r lered a hearing in said care, and 111 accoidance with the .-niiuesti'-n of this oll.ee, voil set the -aine f..r July 17, ls.f.i. Theca.-e was tailed puisuant to notice hv the llepartineut j oil July li, 1S HI, and. apn arances were the Warner Valley j entered hy the Mate ol dft ;on, hy its alleged grantee, the Warner alley Slis k I'ompaiiy, and hv Ihe representa tive and attorney for tiie settier clann iint. On the 1110I1011 of atiornevs for the Mate of Oregon et al, agreed to hv the attorneys for Moirow el .1!, the cu-e was continued to July l'.i, 1vi;i, at which time John Mullaii, attorm v in chief for the settler claimant, tiled written ol jeotioii" lUainsi your ollice roeeediu einliraeed ' with the lo-atii:i in said case, for the Is I I 1: WI; ARI; III:AI)QUAkTI:RS l:0R GENERAL MERCHANDISE THAT MIIAN5 THAT OUR STOCK 15 COM-PLI-TI: IN nVHRVTMINO IN Till; (1I;NI;RAL MI;RCIIANI)II UNI:. WI; BUY IN LAROI: QUANTITII-S AND CAN AI-PORI) TO SI-LL OUR (100DS AT PRICI-5 THAT CANNOT III; I.OWI:RI:I) BY ANY C0nPI;TIT0R IN LAKE: COUNTY. ORIM-RS. TRY US ON LAROI; OR SHALL i WE CAN 5AVE YOU MONEY TRY OUR CIIOICI; BACON AND HAMS. H1C1ROTHE & CO 1 1 LEADING merchants of lake countt. iii said ii-t. ; ; n 1 "d, it l-ein coi.iend- ' reason that it no w heie appean-i thai ed that Secretary N 'hle's approval of the State of Oreii .n hy it proper oflicers ; lists :U) and :'.l w a a tinul detel initiation had ever made due selection of any ol ol the character oi the lands eml. raced "aid laud under the pn.vi.-ions of the" Kierein, ami tint thereafter he w a w iih- At of March 12, ixt'l) (12 Mat, .1; ; that, out authority to leeall or annul such ap- to w hat purM.ried to U- said lists of se- ; proval. and irnit hi action in revoking , lection hy the said State, there were not , a e! catieelo'isr the arue wa eonse- attached the name-or the name of anv "pieiitlv void. 'The hih :is di-mis-ed ' "dicer or ollicers of the Mate of Oregon, hy the'Supreuie Curt of the Ihstrii t of That .-aid purported original h-t were t'olumhi ion March 21. lS.t'i. an I upon ' "ot tiled in the U al ollu e a required; tiie plailiMtfs appeal the decree oi the j hy the instructions ol '( ct. .her 21. IS..,, S.ipr-iue Co irt a- at ire-aid .ia-, on June I hut were lot warded to ami p..ied mi the J I, lS'.M. Milir-ned hv the Court of A p- I records oil his otlice at date prior to t he i. eaNof theli .tric ',f Col-itnhi i "i App., j lime said land- were tiled upon hy the P. C. 17) In hoth the Supreme Cur. ' se tiers in Ihe local ollice ; that the prop- of thel'istrict of Cohuiihia and in the er authoi i' ie of the State ol Ore-on had : Curt of Appeal, the contention that " '' 1 any selection o -aid land as, tlleacii'ii "I Secretary N.hle approv - '! overll.w ed, w it h I n t he time, ii. j .i.l it.ts was tii.al'aii.l not siii it-t i desinh.ited hy the said uranillii; Act of i to reeoii-ideraiion, w a-denied, and upon Mitch 12, l'i); tiie fii.thei- appeal of the Warner Yal-1 ' l"' State had .. -;i,.iL- ( 'ono.MiiV to the Sn nretne I 'oil r I I indemnity scho. Z t i Watchmaker anil Jeweler Located at new postoffice building A I work in my line fully Guaranteed (I the I lilted Mate. II was heM tna' the suit was1 aoated hv the resitfi.atioii ul Scciet.irv Smith, and it wa directed "nat the hid he dismissed il'io L S..2S; f.ee L. 1., :j!l. January 11, H.l7, Secre'arv Francis directed 'that " All further action hy your otlice, affectum said list or the land euihriced therein, he ru-peiid"d Ivr such action a my fi,.vi.-ir may ee Lionel to lak" in reiaiion there'. ." Aprii 5, 1,'7, the Umiviii ,r of the that , liied d land se in tract l II the other hand I certain li-ts of 1 ectiolls for j nal tow n- F.; T. QUNTHER LakeVie w- Plush Stagj Line GEO H STtVlNS, Proprietor l.eM I .nke .le-l MmII'Iu's ntl't Kfl- lys 'tiirniiiK. - I'ln-li Tie s luys me I srtt 1 1 r 1 ii ;. s, it! 7 ,.'elo,k it.m. i Hrries l'u-"ciii!' r, r,,kn, hipI Kr. ik'lit -I VOKiiKKI' K Ktih-y ,V. Mns-inniil.s siere. Lakcvlcw, - - - .Oregon ..Vegetable More.. Ii-ses sustained ! ship-:5'. S. U 21 !:.:;'. S. It -'" K. and1 j 40 S, l: 24 K; thai such list were1 tor land- situated in Warner Lake; I Jtoal thereafter in 1SS.", ami 1 H i, , I the Secretary of the Interior approved ' said lists, that the State hy said act had ; waived its claim to aid land a sw amp ! Ian I, and hecauethe Ad of Man h 12, IMsl, provided that the jj ant thereunder shoull not ini hlde land reserved prior to I I he conhrmatlon ot title; that while it 1m liH'rtti i,( Wat Tli" only V l.akei ie N.,rl li eml V. Ui lal.l -s. Knot Also lem ral Me I'lirar and Totae, Kree I'eli very. laliie shin t al In I lie . Tro'liii-i; ritialeliHe, skm; that emhra ed in said State ol Oregon addressed cation to the JVparttiient patents issue for lands !,-ls ,') and HI. May 2, ISir.i, an areeuient wa tiled i i lie' ollice of the M-ere'a-y of the In terior, signed hy I'hidip- and McKen iitry, iitt.,rneys for W arner Val ey Mock Co'inpaiiy and hy John Mullaii ai d .Ion. K. Mcl'aiiimoii, attorney for I. L. Mor row and other settttr claiinan'-. Jn said agreement it wa .recited thai the matter ol the title to said land was still in li -f't't;, and that a potitioii f r reconsider ttioti of departmental de cisions of 1 teeenihei I'.t r 17 I. 1), 'i71 J and Octoher Id 1VJ4 I iU L l, 2"L. wa- then 7.eii-llli!f arid lilideteniiinetL that in ca-e siidpetniou a mantel and a new liearmu ordeie.l, that all claim a Iv-r-e to the Mate of Oregon or it alleged the W arner alley Siock t. in- i ., i I I in any and a:i ol tn- lanus desciihed. shoil.d he coli- far a- .o rihle as - I i an competent lor one ecretary to over- t! antee iianv, involvi hereihhi (on solid, and 1 1 ied a siiu.de fe. The lollowin' I the agreement in part : I he Mate ol Oretion and the Warner Valley Slock Company shall sustain the hurdeii of proof in estahlishinir the char' acter, at or ahout March 12, 1VH). of all the land., now in controversy and bhall run frermitted in the first instance to 'trwUuce general evidence covering, ho far as lhr.y all of haid land, and thereafter ma)' introduce titieh further evidence with respect to specific pucels. ol aail lands, an they, or either of them, may he advinc-d. The advers.e claimant" nhall then at lihei ty to introduce on their behalf, general evidence c-veruiK at near aw may he, all of said lands, to he followed ly hucIi further evidence relat iiitf to i-pwtifi.! tractH a they may pro duce The i-Hate of Oreuon and the naid St:k Company Hhall then mihmit evi tlence in rebuttal, if any, and the taking rule the action ol auother, It should not have been don on the same record, etc. Alter the tiiinjj of the ohjei;tion a aforesaid, I'. A. (Wiwell, I'resnleiit of i the Warner Valley Slock Couipauy, tiled j application for continuance, supporting ! ti e -anie with lils atlidayit, on aecounl j of the ahsence of .John M Sanders, . , I'. Met 'oiiuaiii;hy, I'aidon Krown, I lenry Coleman, W illiam Shartell, liobcrtOar retl, I). l. Jones, (ie(,ru'e Conn, A. C. Kisller. Joseph S. W heeler, W. ll.Odell, j W. ('. Hal and William Clviir; it was! stated that it was exa-cled thai Sander, j Crown Oarrelt, Shartell ami MrCon- ; nauiihv would testily, if present , that Iroin 1 ! to 1H72, they fieiiiently passed in the vi'iuity of the land in contro- versy and ohserved the same, and that 1 il i ill! all this period these lands were j swamp marsh lands covered with a rank j crowth of t ult-, ll.tif ami other swamp, grasses, and were too wet for cultiva- , tiou.hnl weie not a permanent lake ; j I hat iconic ( 'nun was ex)" ted to lesti-; ty that lu ISo.j, he wa 111 Warner valley as a member of the Oregon Volunteers, who were escorting the surveying parly, locating the Oregon Central Military Wauou lload, and that he observed said laud., which were covered with a heavy growth of tule and other swamp grasses, were too wet for cultivation, hut were not the bed of a permanent lake; that Odell would testify that in lHlio he was president of the Oregon Central Military Wagon Hoad Company, and that in said year he assisted in establishing said road through Warner Valley, and that he saw all the landM in controversy, and that they were not the bed of a permanent lake, but were Bwanip land covered with a rank growth of tule and other vegeta tion, and were too wet to be successfully cultivated, etc. ; that Co.eman would testify that lie resided in the vioiiiity of Whorton & Barnes EE BEALL, DRUGGIST ; a - 1 liverythlnjc known to the trade carried in .stock nNE Soaps, Perfumes, Toilet Goods, Etc. j'v.n's- CIGARS. ..STATIONARY Frank Smith' Barber 5hop Hot and Cold liaths S For the best make of SHEEP HEARS Get the "B. B. A." MAKE A large stock of all sizes to select from just received Just received this week Dry Goods Clothing ...SHINGLES P0R SALE... ..Dunlap & Thrtiston., ,JL .Jt? J 5. 7. rtTWJll lit tow I ft I Ou door aouth of UAMi IH',,,,W, S, F, AHLSTROM Manufacturer of the Celebrated ol 'fix Recognized as the best Buccaroo Saddle in the United States. WACOM A BUCCY HARNESS, WHIPS, ROOES, ETC I i ' -i ri