mmtntt
VOL. XXIII.
LAKKVIKW, LAKE COUNTY, OREGON, THURSDAY, OCT. 10, 1902.
NO. 41.
REAR ADMIRAL HIGGINGON
DIRECTOR NAVAL BATTLE.
Mi
SCHOOL NOTES
OF INTEREST
Apportionment of School Fund
A Word About the Insti
tuteSchool are Closed.
FAIR CLOSES
AT ALTURAS
Successful Series of RacinjThe
Lake County Ball Team Octs
the MoneyPoor Game.
CARR LOSES
HIS APPEAL
federal Appellate Court Affirm
Opinion of l.ower Court That
I'cntcH Hunt Come Down.
'I'lii- 1'nlted Stales circuit Court
f AppcnlH, sit ting In San I'ihih Ii u
hi ( li tulH-r lit Ii, rendered a tltt-lslou
III I III' CltHC (if III Jl'HHt 1 1. ( 'I it Lund
anil l.lM'Htm k ( ' tn i ut tiy ngaiiiHt tin
I'lilifil Si ii lex continuing Hi'" decree
In favor iif flu' Government, which
UIIH glVI'll ll.V 111!' I'lllll'll SlutCH
i liiiili r.niii furilif nuirlri of Ore.
yon. Tin net loll, w hlch It Ih believed
will In' call'li'd iih hi mil iih PohhIIiIc
llllll till' I'lllted SIllll'H Sllll'l'llll' j
I mill, iih In-gnu In I he lioM-l'li-j
-it t t iIhhimm-hh tin' .li-HM' t iirrj
miri i n of certain hi Mir In in U In t In'
t a I e if I )l'i'i;i Hi, w lilrli It Man allcg- i
!, u ii- nul l u f ullv occupied li.v tin-
li'd'inlii ut turpi ii it I Inn.
Tin' 'inM i l In iIhiiiI' 1m it triu't
if s,;t;t.'t urrt'H, and nil hough ur ey
'd mid platted an part of the public
Ii ii ii a I n u iih fi'tii'i'il In I iy t lie t ' rr m'i-
ic t it t lie I'XcIuhIoII nf tin Govern
ment mid nil other pui'tlcH. Iii hiiIi
tniire llic appellate t t'llniiiitl says:
"When tin cane Wiih brought to
t rial tlic t'otiiilalnitiit refused to offer
any evidence In Htipport of t lit nllega
iIoiih net forth In tin' t'oiiiilaltit, iint-
. It lint andlng t herv wn nothing i
the nt-ord which fiitltli'il tht' upjM'l
lunt, (tht dense 1). Carr Laud ami
LIvt'MttM'k (oiniiiny ) to a reversal
or inotllllt'ittloii of tht decree aiH'iil
I from.
This decision Is u flap In the fate
to tlx cut tie barons of tin country
an Intimation that tht government
it ttm ttnitett Htnt- will nut tlrt.u
longer tht high-handed prot'tt'dlllgH
that linvt Ixt'ii fiirrlel on for years
the fencing lip of grc it bodlcn of
liiinl that belong to the piililli- do
main. Back In the Mi'M'iil Ii h Carr lia! pur-
IiiimmI long HtrlpH offurt.vnrtv trm-l
Mending for forty or llfty iiillen In
one llrtftloii. Then lie would buy
trips of forty or eighty acre tin 1 1 iih.
iii'loning an liiiuienHt'Hiiiare of graz
ing laml, to t he center of whit h he
hail no title w hatever. Around the
flrlpH Carr put up IiIm faiuoiiH fenee
and kept it there until it wan nulled
down hy the l iilted StattH .Marnhal
nf I Mm Slate.
The mii i I nuniiiHt l iii r wiih iiiHtliut
I hy the iuvi't niiH'ii t under the
authority of an net of Couktchh of
I'd riuny :. t, to prevent the un
lawful occupancy of ImiuIh. J'he hill
of foiiiplalnl Htated that, fnrr "Iiiim
no claim or color of title to the land
whatever, or and iiHwrled rlnlit
thereto, hy or under any claim mailt
In Rood faith w -1 1 It a view to entry
I hereof. " Tin hill linked for an In
junction ami t he tlfxtriiftlou of tin
relict. Carr made no tlefeiiHt and the
prayer whh Kianted. In t Im tipiM-al,
t'arr'H HttoriieyH attacked the nuth-
iiticlty of tin rtvortl hook unci I hy
ICt'KlHttT liiattaln of the Lakevlew
Uind Otllce, In the hearing. The
JtidKt'H divided, however, thntitM the
hook whm made under the direction
of thu CoiuiuUMloiicr of the (ieneral
I -and Olllce, It m um olliclal.
1'or many yeaiM there have Ih-cii
tlKlitu iiear Curr'ti feme hetwecu IiIh
folio ween and outHlderH uml hlood
Iiiih often Ut'ti Hpllled. NcttltTH were
Iri veil off if they dared eome near
I he linmeime tract that Carr claimed.
IjcruI actloiiM were llrHt Im-kuii
JitcaliiHt him In the toiirtM of thU
StaU. hut availed little, iih Carr eon
lintiediii poHHt'HHlon of the land. I Mir
1 lie hkcoikI ailmliiUt ration of Cleve
Imid anpts'lal liiNpeetttr of the Land
department made an Invent lat Ion
of t he holdliiKH of Carr and reported
I hat wide areiiH of the pulilic laudH
were encloHfd. Carr went to WiihIi
iiujlon In lSNHand all proceedlnnH
were tlropped. Later DiHtrict Judge
Iti'lllnner of Oregon ordered the fence
torn down ami it wih done. The
dec.lHlon of Hellingt'i' wan appealed to
the Circuit Court of Oregon and from
I hat Court to the Court of AppcnlH,
which trllitiual handed down it m 1c
cIhIoii on the dth of tliln month.
t. V W
r.. . -i
" I V ' I ""I
i
The lent tif naval ninruveri planned y the navy depart mrnt, hifh con
minifd thrett week of AiiKUit, a tinder the direction of Rear Admiral 1 1 iytci n
xin, romniander of the north Atlantic Kjuadron. Two or three of the veMI of
the atation reprenented an enemy' fleet and endeavored to wluile, a defensive
luadron coinniainleil hy Uear Admiral IlitrKinaon and Ri-compllnh a landing on
the New KnKlantI foat. Tiie vefaefl nrticipaliii( in thew nianenvera include
the battlevtiipti Kearaarfiei Alabama, Ma.nacliuMtt. and Olrnipia, -Cmprlalnu
the north Atlantic mpiaJron, aa well a the Montgomery, Kcirpion, Marhleliead,
I f i r t , and other vchmcIk.
Ircuit Court for Lake
Adjourned Term.
Henry L. Hcnion, Judii..
Oct. I 'am of T. Itailt'i-H vh.
John Hull, net for tflnl OctolH-r Mtli.
at ID a. in.
Citfc of Anna ,1. Hohm vtt. Frank P.
Komh, divorce defendant defaultt'd.
Ill the cant' of AnnleC. HoukIi, et
I'lo'Ht iff, h. S. A. I). Totter, ct al
IciendaiitH. Motion of I'laintlffH for
an order appointing a guardian ad
in..,.. . ... 1. 1.. f.. i i i.
i" i"i urn ,11, i uiuiii ui i iirnr l',
., .
I til'lim lulu, ru fii ut,.. 1 I i t',.it,i
ormii, inlnorM, granted. L. r.Conn
appointed guardian and couiihcI for
km ill ininorH.
Oct II (tank of Iwtkeview, plaintiff,
va. Stephen tiny lord et al, Hilit ill
ei'iiM.v to fortt'loKe uiortgage. lie
fault entered againM dcfeiidautH.
William K. Harry, plaintiff vh Me
Kee, Overton andtiivau, tlefendaiitM.
Hiilt In eiiity eaiiHt' ordend iIIh
miHHt'd and ordered that defendantH
it-cover from plaintiff eoHt of action.
W. II. Sherman vh. W. K. Harry
cane dlHinlHHcd on motion tif plaln
tlff'n attorney.
State tf Oregon vh. O. E. Charlton,
adininiNtrator of the entate tif Ben
jamin Warner, deei-uned. Ortler
math overruling demurrer of I. N.
Ctniverne. Haiti I. N. Converm rv
fiiHt'H to further plead.
Oct. 10 Wm. W. Ilnin ii vh. W. Z. i
Mohh, lu-tlon to recover money mo
tion of defendant to Htrike out part
of complaint, taken under udvlne
ineiit. Oct. 11 IIouk et al vh. Porter et
al motion tif defendantH to Htrike
out aiiHwei-H of (. II. Small and
Luclnda Egli, overruled.
Oct. 14 ltrown vh. Mohh trial net
for Tut'Hday, Oct. '22.
Tin Examiner overlooked the tie-
part tin of M. W. J. Harry for IiIh old
home In Ireland, on Oct, ltd. Mr.
Harry han lteen for Home time eon-
ducting the Harry livery ImihIuchh In
Lakevlew, having leaned the proMrty
from IiIh father Win. K. He Iiah
landed IntereHtn In the old country
which he goeH hack to look after.
He may not return to thin county
for Home time.
Everybody is yeing to the dunes ut"
urdry night.
,J 1L '
v;,y
progressive Whist at
Home of Mrs. Sharp.
One of the mimt dellglitftil affalrn
given In Lakevlew for many a day
wiih the progreHHive whlnt party
held at the rcHldence of Mrn. Walter
Sharp, hint Saturday evening. In
honor tif Mr. Nharp'H birthday.
The parlorM were Im'uuI IfuM.v decorat
ed and all appolat inentH were perfect,
i uliow ing the tact of a charming
i hoHteHH.
i, . , , A . ,
At thecoiiclUHlonoftheganie pr Zen
i 1
were awarded the wlnnei-H. MIhh
Lillian HurriiH received a haudHome
pearl and hllver book knife an tirnt
prize, lady, ami Judge Hrattaln,
llrnt prize gentleman, a lumen of
fragrant llavauan. The hooliv
prlzeH were taken by Mrn. Will Steele
and Mr. Frank Black Kvaim.
At the projier time jimt when
everybody wiih good mid hungry
the hoHtt'HH gave thenlgnal to retire
to the dining rot mi where refreHh
inentH tif the inoHt tempting variety
were nerved.
After a Jolly time at table the
gut'HtH were delightfully entertained
with iuuhIc and reeitatloiiH. Mrn.
Stele charmed her I Ih tenors In a
recitation admirably rendered.
Thone prenent were:
Judge and Mrn. Hrattaln, Mr. and
Mrn. Heall. Mr. ami Mrn. A. Hle
Iht, Mr. and Mrn. Walter Sherlock,
Mr. and Mrn. Will Steele, Mr. andlMrn.
W. jV. MuHHlngill.Mr. and Mrn. Frank
Light, MIhh Lillian Hurrun, Mr. Frank
11. EvatiH, and Mr. Max Whlttleney.
Fivd CtdlliiH, a young man aged
alMiut 17 yearn, wan a itch ted at Hly
Monday by Slierlff Suminern and
brought to thlH place, clmrgvd with
Htealing a luirne frtmi Joe Dervln, a
middle from Mike Calarncnu and a
pair tif npurH from another man un
known. All of the property men
tioned wan ntolfii near Merrill. The
young man's father liven near
Talent ami wiih notified of IiIh hiiu'h
unfortunate plight. The father naid
he would come here at once. A pre
liminary hearing will take place be
fore J tint leu (J raven tomorrow.
Klamath Republican.
Wtkl'J
1 1
The total enrollment of puplln In
our wlini.nl during the flrnt week
wuh 141. The enrollment at the end
of the third week wan 177. If thla
rate of luci-faxe coat Iiiih-h the nchool
m III Hiinii be filled and tin work can
go tu without much interruption.
We in very hoit.v that It wan
found adviHable to adjourn the
win ml during t he prenent week, but
It Ih probably better tti do ho than
to take the rink of iuociilat lug the
whole hcIiooI with the gerniH of neur
it-1 fever, which Hit-in to hsvt
gained
a foothold in our iiiidnt. We hoe
the vacation of one week will If Hif
llclent to prevent the further Hpread
if t llU llitl'llKI'.
The m'hool at Crane cnek in alno
MUHienied from the name cause.
They, however, have out wtrk the
ntart of iih, an they had no n-hool
hint week.
fhere are many new teachers,
bright ouch, too, in the county, nnd
the coming Inxtltutc In to Ik held at
a convenient time for them. The in
dicatloiiH are that the Ijtke County
Teacher' luntitutefor V.r will be
one of t lit moHt HiicceHHful ever held
In Southern Oregon. Prenident H.
r . Mulkey tif the AMhland Normal
will ronduct the IiiHtltute. HIh lec
ture on "Alexander Hamilton" on
WedncHday evening, the 221 hint,
nliould 1h a Knat attraction. On
the evening of the Sid Prof. Mulkey
will have for a nubject "Gernin of a
National Soveruty! The public Is
cordially Invited. -The entertain.
nient will fie excellent. The
nlon will iM'gin on Wednenday, Oct.
'22, and will clone on Friday night,
the 24 th.
Apportionment ol School Fundi For
Oct. loo j, Lakt Co., Oregon
Mftrlct Clvrk Htale County Total
No. Ftitid Kund
1 Walter Hutler 15 41 (il $12!) 76
2 E C ThrtiHton 52 15
3 F M Duke Mi 47
4 U W Vernon 59 5!
5 J H Finher 5 :!2
Ii (i II Newell 40 51
(HI 00
72 73
4S 22
00 00
44 ia
52 15
159 20
107 M
532
03 (!4
647 64
00 07
03 71
141 32
271 4S
120 4
30 4.S
190 90
90 02
102 5S
7 MrH.MSnelling444:n 2tl.l :
S J M Hammi-mly 5'J 51 55
UHAIIawkinn :W 47 27 24
10 1) W Prone
11 J ! Farra
12 Cliff Smith
17 Hert Lupham
7ti.'S9 04 0.1
147 OS 124 40
04 0.1 55 s:l
2S71
1 77
7S 59
45 43
4S 03
(HI 00
IS Mm X Clelan.l lis :51
1!) II E Heed 51 19
20 W E Barn ti tu 54 55
21 P E Taylor 77 !
t.tt
Totaln firnHI 00 K5ti SO 2350 SO
In DlntrictH 14, 15, nnd 1J the unex
jiended balantvH exceeded their aj
portlonment by $61.70, fS.20andf49.
40, reHieetivcly, and cttnntHiuently no
warrant could Ims drawn for theut.
J. IJ. W11.1.1TH, County Sup't.
A Duel t the Death.
A tluel tK-etrrred on Oct. 4th on the
lillmati ranch near Modoc c-punty,
Cal., In which one man lout hln life
and the other In believed to have
crawled away to die of hta wounds.
HitHh Taylor and Hilly Itt)n(berry had
quarreled the day In-fore. They both
drank freely and threats were made
by each. On Saturday night the
hotly of Taylor wan found lying benlde
a fence in a pasture. There was a
rifle bullet in the forehead, nnd near
the body wan found a double-barrel
ed nhotguu, holding two empty shells.
About fifty paces from where the
body of Taylor lay was found a pool
of blood and the ground gave evi
dence of Home one having dragged
himself along. How-berry and Tay
lor had been neen going toward the
spot where the tragedy occurred and
Honeberry cannot now be found. It
Is believed they arranged and fought
a duel; that Taylor was killed and
that KoncU'rry, wounded, had crawl
ed off into the thick brush, perhaps
to tile.
Don't fail to attend the social dance at
Harry hall next Saturday niht
1 best ef music.
Thel
I
lant week The Exe miner received
by wire and imblinhed the results of
the racing events at Alturos up to
Tuesday evening. We take from the
Xew Era the later results.
Wednesday The first race whs a
H'M'clnl dash, purne flOO. Entries,
Farewell, by Joe Iynen, "Tormento"
by J. Kennedy, "Bill Xye" by C.
C. Ht-mler and 'Klrkwofsl" by Mat
Davis. This wasdeclared 11 "chuck"
by the Judgen who declared "Tor
mento" was pulled, and therefore
we pur aim an is-tn were de
clared off owing to crooked work.
The second was n mile flash, jiurse
$125. Entries "Alexander" by Bait
er, and 'Minnie IJ." by Godfrey.
Tills was a very pretty race and was
won by "Minnie J."
Third was a flash for f 150 le
tween "Beta Sinfax" and "(ieneral
Cook" by Godfrey. Beta was the
winner.
The fourth and last of the day
was a five mile relay race. There
were two ent rit e: the horses of Joe
Ivory ami those of Ed. Clark, both
of Canby. This was a very exciting
race and a good one for the spectat
ors. The string of horses lielonglng
to Ed. Clark were the winners. Ed.
Clark and Frank Partln were the
riders.
Thursday The first thing on the
program was the ball game between
the State Liners and the Alturaa
team. This was a very exciting
game and was about the poorest
game, that ha bcea played, here for.
some time. K was a game full of er
rors by both teams. There was
more fulling down, missing flies, etc..
than we over aaw.
The catcher of the State Line team
received a blow from the batter dur
ing the game, which knocked him
Insensible but he soon recovered and
resumed his position Itehlud the bat.
The wore stood 17 to 11 In favor of
the State Liners. The Alturus team
sold favorite in the pools during the
first part of the game, but the State
Liners were the fa vorites ln-fore the
finish.
The first race on the program in
the afternoon was a dash and re
pent. purse $75. Entries. "Henry M"
by Mann and "Minnie G." by God
frey. Tiie first heat was wen by
"Henry M."
The last two heats were won by
Minnie G. Henry M. was the favor
ite in the pools.
The second race was nn Indian
pony nice with five entries. The bay
took first money, $7.50, and the roan
took second money, $2.50.
Third was a half mile dash, purse
$75. Entries, Commuter by Joe l)y
scn. Howdy by Godfrey, and Fare
well by Jt Dysen. Farewell took
the race and money.
The third was the ulcest race of
the day lielng a mile dush between
The Wooer and YoXoSey. The hors
es got a fine start and ran neck and
neck the full distance.
The judges declared It a dead heat
and bets were declared off. This
ended the day's program.
Miss Mattle Dysen, the lady jockey,
by her grace and skillful riding at
tracted a great deal of attention.
After Fifty Five Years.
J. F. Becraft and daughter May
were over from Barnes Valley last
Friday. While here Mr. Becraft met
his brother W. It. Becraft, who late
ly arrived In this section. It wna
the first meeting of the brothers in a
Hrlod of fifty-five years, and It Is
unnecessary to say that they were
both happy as they grasiH-d hands
anil thought of boyhood days.
Both gentlemen are on the shady
side of life, ami have much to talk
about when each cover the reminis
cences of bis life during that more
than half century of parting. J. F.
took W. H. with him to his pleasant
home in Barnes Valley, where tlio
great talk no doubt continues. The
stranger brother will niieiid thu
winter In Oregon.