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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (April 9, 1903)
LAKKVIKW, LAKH COUNTY, OltKGOX, THURSDAY, APRILS, 1903.
Delegate Prom all Parts of The
County Aft-ternMed in Lake
view l;flday in Convention
A great mim.v f th" delegates to
tin i.cpillilleail 'nil II I. V Convention
arrived In luk'vl'W IttMt Thursday,
lint those who lived near by cniuo In
Friday morning. When tin' hour of
'.' p. in. arrived II was noticed that n
large niiijorlty of tin delegates were
oil lutliil, aii'l were houii assembled
at tin court house. roiiM'iitloii
was called to order li.v XV. .X. Mas
sliiglll. chairman ol tin- County Ccu
Irnl Committee. iro. XX'. .Noble of
limine Lake pivcllicl wax i lumen t I H -pornry
chairman, and XX'. V. Miller
of Paisley, wiretary. Tin' rlmlr
proceeded at emir In until)- tin' dlffcr
i lit committees. Tin- commit tii s mi
rrcilctillnlH wi'iv: E. E. Hhluiiial't,
S. II. handler. S. .1. I'roHi'. This
1 1 in in It t - ft iti in I tin- f llowlug dele
unti'N fiit li IimI to wiil:
II, A. Ural tain, proxy E. I. I. lit.;
E. It. I. nt, proxies of John Mayes,
It. E. Smith. S. K. Iltislck, Johlnh
I'orter, i. It. XX'ardwcll.
.1. N. XValMuii. proxy C. Smith. . II.
.1. N. XVatson proxy XX'. I". Tucker.
M. LnurlUcii; XX. V. Miller, lieo.
Cogue, John SlinmoiiN, Al Farrow,
-I. M. IVticllel.
I 'i imki'il ( 'h -ck.
S, 1!, I han. tlrr. E. E. Khltiehail, S.
II. Chandler, proxies N. It. Wilcox,
i '. ('. 1 '.it t i 1 1 1 in .
I il II W I ,tke.
U. O. Morris, lien. XX'. Xoble, John
II. Noble. Jalncs Mrl'ii'iiry, !'. E.
Thomas i reck.
.1. M. liaiiiiiici-Hlcy, li. I'. Earuiim, S.
.1 . hut ton, S. .1 . I 'row.
.1. C. liawy, XV. S. i'.lnir. .lolin ().
Hull, r. I'. I.inel.nrgei-. E. M. Crown.
It. II. Ia.v. P. M. Curry, T. .1. Mast
lugs. John McElhinncy.
Soul h l.akr li-w.
II. C. Whit worlli. li. T. Strlpliu. I-:.
M. Hi-attain, S. .1. Studley, tiro.
Itii'd. Han Maloy, X. Ar.ncr, C. K.
A in Ii-I'mi hi , XX'. A. Mnshiugill.
I news X'nlley.
Dan Chandler, XX'. i. Tracy, l"nn
Chandler proxy Fred Fisher.
Soul h XX'arncr.
I.. I Frnkcn; I.. I. Frakcs proxies of
Tom Calderwood. J. E. Dunnnvln,
S. E. Sloan.
Nnrt h XX'arni'r.
XX'. K. (tarry; XX'. K. Harry proxies
of XX'. (-;. Scnuimou. Hugh A hern.
C. ('. Catinoii, Edw. HnrUog, A. M.
Smith, A. E. Follett.
The chair IIkmi appointed the
following committees. Resolutions:
II. C. XV hit worth, XV. K. Harry,
1'criuuucut Orgnni.ntlon: II. A.
Drat tain. XV. li., Tracy, L. D. Frnkes.
Order of business: J. N. XVatson,
C J. Llncbnrger. C. ('. Cannon.
Nominations were then made for
delegates to the congressional con
vention nt Eugene. The following
were the noinlnalloiiM with the votes
they received: V. K. Harry 43, K.
Al.jtrnttiild4l.lt. E. I.. Steiner 41,
V. A. Mnnslnglll Hi, John .McElhln
ney 111,, S, It. Chandler 1.1, J. X. Wat
son 17, H. J. Slndley 1.1. Ah only
4 (lelenntcM wcl't' to Im' nelected. the
Ih-rtt 4 were elected. I'.. M. lirattalii
and XV. A. AinHHhiK'lU were the only
I wo who could no down to the con
KieHHlonal coinenllon which lntrtH
Weinslotk, Lubln & Co'a Catalogue.
Since tli flro in .lanimry, XVIn
Htock, I -ubln & Co., art located In tho
former Statu l'alr J'avllion, Sixth
and M. SiitH-lH, Sacramento, and arc
carrying on a hirm ilty and tnall
order IuihIiu'mh iih iihihiI.
Send for WcIunIocIc, I.iiIiIii & Co'h.
handnome new Catalogue. It Ih free
to any uddrcHH and an Intercut Intf
and helpful book to have, whether
. yon buy from it or not. 14-2
WARNER LAND DECISION
i I ,
March HI, l!Mi:i.
1 .1. I.. Morrow c(. al.,
Statu of OrrRoii
XX'arncr Valley Stock Company
I The coiumlMHloucr of the lieiicral
I Tin' Slate of Ori'Kou and tl.e
iXXarner alley Slock I oiupany ap
iealed from your olllce d
I March L. I'.MII. rejecting the StaleV
' HWamp laud M-lecl Ihiih under the act
1 of March :i, W-0 I t'J Stat., :i cmlirac
; ed In IImIm :in, 111 and ."'., of lundx de
' hcrllied In your otll' c decision, uate
In towiiHhlp III! hoiiI li, raiiifi'" -I and
L'.'i ent, ami tow iir.hlp in nout h, rane
I '.'I cant, XV M,. I.akevlew, Orei;iiii.
The former hlnlory of the contcn
! tlotiH coiiccrnlai; tiiew landf) Im more
fully recited In Morrow i t. al., v.
j State of (lll-tfon. 1.. !.. :i!Hi, to
w hlcli, reference Ih hen made. May
I HI, lv.Hi, c.N, lb., :!!i."i, the liepart
Iment, for reanotiH there hinted, or
All declMloiiH rcNpectiiij; the char
acter of them' In m Im, or any of them,
lieii-tofore rendered by the Depart
ment , your olllce, or the local olllce,
arc net iiHlde, with a view to a full
and fair liearlnn, after due notice to
all concerned which
hearlui; hIiiiII In-conducted In accord
ance with the htlpulullou In wrltlnir
j tiled herein by coiiiihcI for the rvxpee
i live partleH May I. lVMl. In addition
to the IuiiiIh enilii mcccI In kuIiI IIkIh
J .'Hi, :!1 and :i!. this deciKloii ami the
i hearhiu: and proceeding herein de
j reeled Hhall extend toami iiicludeany
' ami all oilier la Ih deHcl'llied
In Hiild htlpulullou of May I. lVMi.
The stipulation provided that if a
; ivhearliiK were ordered upon jK-nd-!
Iiik pic ici-cdliiKH all claim aiHciMe to
j the Slate and to the Warner Valley
jStiM-k Company, linolx ln certain j
j tlcHcrllx'd landH, hliould Im- coIihoII
I dated and tried, ho far iih poHNlble,
j iih one ciiHe, t he State and the hlock
company to ha vet he burden of prov-
Iiik; the Hwampy character of the
laud, March 1.', lvio, by Kcncral evi
! deuce an to all the land, and auv
furl her evidence an to xpecltlc tractn.
July 17, ivci, a hearing wan had at
the local olllce In w hich the partleH
fully participated, andaKreut vol
ume of evidence wait introduced.
February .'I, l'.KKi. the local olllce
found that all the land In cont rover
m,v March Vi, iNHl, xva the bed of an
apparently criunncnt lake. Fpon
aplM-al November (I. 11XK1, your olllce
decUlon revei-Ked the hx-al olllcei'H
and iH'ld that "the IiiikIh Involved
were not In INK) covered by the wat
ern of a iiermaueiit lake," and that
neither the condition of the land,
nor ItH Hettlenient or other adverHO
llliiiKH and clalniH thereto, are "of
hucIi a charturter iih to pivvent the
approval of the laud to tho State iw
Hwamp land." NovemtKT 20, llKKt,
thUdtn lHlon wiim nH-alUvl.and March
2, l!M)l,yourotllce vacattMlHiicli former
decMon ami held that:
ThelandH Included In IMh :i(), Itl
and 'M, and all ot hern dcHcribed by
the . . . Htipulatioii filed . . .
May 4, lv.nt, xvere not iih a whole,
nor iih to the greater portion of the
HinallcHt leal HiibdivlHlou, Hwamp
and overllowed on March 12, Istio,
and that the State of Oit'Kon, and
thone claiming under it, haw no title,
luteiVHt or cHtnte In and to any part
of Ha Id landn by or through the pro
vlHlonof tho act of Maivh 12, IMill
. . . . Said clalnm are hereby re
jected and Hnh landH held for cancel
lation. The t'ontroverny an to theHO land
linn pended In one form or other, in
tho Court h, In your olllce, and thin
Department for many yearn, (See 5
L. I)., 3(11); 17 L. D. .r71; 111 L. 1). 254;
23 L. I)., 178; 2S L. 1)., :)IX.) .A nur-
vey of TownxhlpH ".'.I Mouth, MinifeH
IM ami -i ciiHt, wan made In the tleht
In J ii in'. IsT.'i. Intlieii'tiiniHof whlchiwl
larjite part of tlietwo towiinhlpH win
ileHcrllH'd and ineaiidered iih a lake.
The field notcH and wneral ilencrlpJ
t Ion are very meaifer mid Rive no
I Ik I) t iih to the character of tin- body
of water therein npoken of iih "XVar
ner Lake" and "hike." A Mirvey of
Towiihlilp 40 Hoiith, rane 21 eaHt.
wan made In the Held In July anil'
AiikuhI, ls"!l. In the reluriiM of which
a lare portion of the towtinhlp wiih
ileHcrllH'd an iiiarhli or lake, and wan
delliied by a meander line riintiln
through "land marnhy along hike
covered with IuIch and llajf yraHH;',
"tulen In and along lake;" "thene
IiiikIh are subject to overflow- by the
creek and lake, covered with tulen.,
gniHH and flag;" "tuleH and Hag
grnM la lake." The ineaiiili r line
referred to Ih one traced through
HcctloiiH il. 7. 1 l'.i, 2!, Hi. l'i. M, II. I.
and 2. The general dcMcriptloii ac
companying the Held lioten an to
the lake or innili Ih that:
The inai-hh or lake, if proiM-rly
drained, Ih tli-ht -cIuhh muck land.
Thin lake or mai'Hh Ih reported much
lower at thin time than ever In-fore,
and yet It cover a large portion of
the tow nnhip. It having no outlet
In filled up to overflowing; each
Spring by the melting-of the hiiowm
and the spring ralim. The mennder
linen are run on the line of the over
flow, xvhlcli In dellned by the marnh
1 he meamler line in thin townniiip
connects w ith that In township :t!.
ami together they enclose an area of
about 22,hhi acres.
Subsequently complaints were
made by settler claimants that the
surveys were fraudulent and Includ
ed within the lueamler lines a large
area of dry laud. They asked that
t he public surveys be extended over
the so-called lake, so that they have t of these parties afterwards testltied,
opportunity to present proper uppli- j and the testimony of four other
cations for the laud they occupied theretofore given in other proeeed
aml to protect their settlement lugs concerning- these lands wan read
rights. After examination and re-1 by the swamp land claiinantH. The
port by a special agent. It was so testimony taken at the hearing- and
ordered January 17, lss7( D. :!! I. t testimony so theretofore taken, with
Such surveys were made In August ; the nttlduvli comprise that of two
anil September, ls7. j witnesses who first saw the lands in
Substantially all the land thus sur- J lsttf, three in five in 1 still, three
vcycil xvnn claimed by the State and in ls;7, two in IsiiS, and one in Istiil,
her grnntcc under the swamp land r sixteen during that decade, and
grant SeptemU'r 2S, IsMi (t Stat., ! eleven othcrx from 1S71 to ls7l, in-
.1101, extended to Oregon by the Act
of March 12, lsiiO, Hupra, and wan In
cluded In list (il, and presented IK
ceinber, lsss. Many tracts were
claimed by Individuals under the
la ws fi ir disposal of agrlcult urn 1 IiiikIh
and many controversleH over them
arose In the courts and land depart
ment. March 21, and Noveinlier 10,
1S1I2, your office prepared and sub
mitted clear lists :t0 and 31 to the De
partment for approval, which were
approved April II, and IKn-eiiilier 3,
lsii2, "subject to any valid adverse
rights that may exist to any of the
tractn therein dencrlbed", which Is
the uniform character of approval
given to all swamp land lists. Thin
action wan revoked March 3 ls'j3.
DocoinlK'r 111, lS'.l.l, upon the papers
then licfore the department, it wan
held that at the date of the grant all
the landn In said list were covered by
Lake XX'arncr and were not of the
character contemplated by the
swamp land grant, and thin decis
ion (17 L. D. 574) directed, but not
in pursuance of any consent or stip
ulation of parties, that:
All decisions, recommending- or
holding; for cancellation entries or
declaratory statements, upon the
ground that the land in contest
were granted to the State of Oregon
an swamp and overflowed landn,
by the act of March 12, IstiO, to le
Met aside and annulled and the cases
re-instated; ami all contests based
upon said ground alone, to be dis
DecemiHT 1.'', IsM, your oflhi" traiiH
lilltted clear lintel, made up of 1 lie
tract In lltn :Vi uml ".1 not within
thean i nurveyiil In lss7. ThinxviiH
n'JectMj and ciincclleil by depart
mental declhion of AugUht 4, IstXi,
(2:1 Is. D. 17s). which held that:
The lands embraced In said listn :t0.
:il and :!) were not on March 12,
sim. swamp and overHowiil landn
made unfit thereby for cultivation.
Thin dirislou wiim recalled AugUht
11. IVM'i. ami no definite further ac
tion was taken therein until the or
der of May 1".. IVili. supra upon which
the hearing now iM-nding was had.
At the i ii 1 1 in I li mi of thin contro
versy, the agricultural claimants
assertiil thiit at the dale of the
swamp land grant to the State the
land hi controversy wan dry and
suitable for agriculture without
IvclamaUou. Al the recent hearing
they contend that at the date of the
grant the laud wan the In-d of al-u.u.
or apparently icrmanrnt body of
water, ami did not pass by the grant
and that the lake lias since receded.
licfoiv the hearing- In-gail the
swamp laud claimants move a con
tinuance for absence of witnesses
mined in an allidavit tiled, setting
forth the names of the witnesses, and
facts to which they would testify.
The adverse claimants admitted the
IH't-sons named would no testify, and
the hearing' proceeded. Theaflidavit
wan to the effect that one of the
parties named would tcntity that he
.Aw an ui the x arner valley In isw;
, t w othern that they were there in
ii;r,; and six othem that they had
know u the basin from IiH to 172,
nUl tmt each would testify that
' t hese lands w hen first seen by them
were swamp, marsh lands, covered
with a rank growth of tides, flags
and swamp grass, and were too wet
for cultivation, but not covered by
the water of a iiernmnent lake. One
elusive, a total of twenty-seven wit
nesses who observed tho condition
of the land in those years, many of
whom were familiar with them for
the greater part of the iierlod cover
til by the testimony.
Tho agricultural claimants produc
ed no evidence an to the condition
of the land at or about the date of
the grant, but felled upon testiinouy
formerly adduced by the swamp
land claimants, when tho contention
wan an to the dry or the wet or sub
merged condition of the land nt the
time of the grant.
Without giving the testimony of
witnesses In detail it sutllces to say
that the material facts established
by the evidence are, substantially an
The evidence on In-half of the
swamp land claimants shown that
the lands lie near the south end of a
depressed valley or fracture of the
earths crust, about sixty or more
miles long from north to south, and
three to six miles wide, without
drainage outlet, surrounded by walln
of brown basalt, often one thousand
feet high, divided Into the l'pier and
Lower Warner valleys by narrows
where It Is contracted by a compar
atively near approach of its precipi
tous sides. The floor of the valley
near its south end slopes eastward
and declines to the north, where its
surplus water passes through tho
narrows Into North Warner Valley.
Tho entire basin has lieen somewhat
Indiscriminately described, as- War
ner Lake, Warner Lake, Warner
Marsh and Warner Valley, from
about JS49. The water of South
Warner Valley mainly come from
two streams (Twenty Mile Creek
and Deep Creek) fed principally by
melting snows of the surrounding
mountains entering the basin near
Its south end. In .Isft4, when the
witnesses testifying first observed
the valley, the lands In controversy
an well an nearly all the floor of the
basin, except small patches or
I streaks of ojn'ii water, were covered
by a rank growth of tuh, canes,
flags, and swamp granses, the
streams losing them selves in the
marsh without any channels. The
soil wan muck, or eat. several feet
thick, formed from decay of many
years' vegetable growth. Tho
spongy nature of the soil, with the
deuce standing and fallen vegetation. .
greatly retarded H ' w water
uvce ! surface of the valley towards
the narrows, which had a fall of
somewhat less than thirty-three
feet, in a distance of about twenty
nine miles, or jH-rliaps about eight
een feet in the last eighteen miles.
White settlers N-gan to come into
the valley about the fall of ls70, and
some 7,000 or S.OOO head of cattle
and several thousand hogs were
taken there in the winter of 1S70-77,
and thence forward it was a winter
range for stock. , The muck and fal-
1 Ion vegetation became more com
i pacted us stock ienetrnted nud
j ranged in further and further from
! the edges of the morass. Some of
the waters of Twenty Mile Creek
I were diverted into Surprise Valley,
(California, and irrigating ditches
i were taken out of Deep Creek for
! reclamation of arid lauds, the sur-
plus finally discharging into IVlican
Lake some miles down the valley
from the mouth of the creek. From
large parts of the marsh the tangled
'and fallen vegetation was burned.
1 Stock paths served the water for
i channels. For some jieriods of
several years there was less snow
and rain-fall upon the mountains
and less flow of water into the val
ley. From these causes, a marked
change came over the marsh and
large parts of It anvery productive
of hay and may be mown, and parts
of it are arable. Hut at all times
the iv were only comparatively small
space covered by water which was
tret ol vegetation, and now there are
two bodies ot water In the Basin
known as Cook's I-Jike and l'elican
Lake, not, however, embracing any
of the lands in controversy. The
latter includes about three-fourths
of Sec. 10 tp. :vs X., 24 E.. with a
rocky or gravel bottom, devoid of
vegetatlou. The former, or Cook's
Ijike, is nearly two miles farther
north, about two miles long and one
wide, the character of the lied of
which is not disclosed by theevldence.
These are the ouly iiernmnent bodies
of water shown by the evidence to
exist in the basin.
At the recent hearing the agricul
tural claimants adduced only the
testimony of xvltnesses on In-half of
I the swamp land claimants, thereto
i foiv given In cases involving siocinc
i tracts, which testimony, It is claim
ied, so conflicts with that given at
! the recent hearing an wholly to dis
credit It. Examination shows that
the discrepancies are rather as to tho
terms used than to tho facts stated.
At tho recent hearing the witnesses
called that a swamp or marsh
which they generally at tho former
healing called "XX'arncr Iike or "a
lake," but they usually added at
such former hearing the words "or
sxvampH," "or marsh," or descrlln-d
It uncovered with tules, Hags, canes
and water grasses, showing Its char
acter. In their former testimony,
tho xvltnesses describing the laud In
(contluued on second pugo)