Image provided by: University of Oregon Libraries; Eugene, OR
About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (April 9, 1903)
LAKE COUNTY EXAfllNLR, LAkEVlLW OREGON, APRIL o. I00J. (CoHtlnUl'll fr.illl I'.IHl VC W-ti to iMi,, llx'll m. that; "It huh then . cvetvI ittl I A Mill s Will or woetN;" "It i ' VltltH'r of r ll' water Iticli t ft 1 . was '.it t f Wnnit " "It li.-l'l til.' i'M;ir: . or Like:" "It .i- nant:" "It v;t water nitTs.'i'.-"si. it nt.irwli;" "I: with a tor mill )i ; KV-ner.tl toiiiI'iH'v ar-1 their testimony U no; t ! IV!IOll IIH . or Nviini fc !!". t nli anl 1 Ii.iii t In' up i,illt; i'lir . . (i this. 1 . 1 1 1 1 .. m- or Mai sli;" I "! '!" of a ma tnl' lake or i tii.iili I I'liiiMiilon'il all cere Will of title on it. 1 lie ! MiN-tuneo ot that tin- al .i waters of a roiiKlioiit t lie lf lia-ln. but : "when the ti.it ttie l.iii-1 iik growth of ley w oceilpi 'd by ; lake continuous (. ear anil over the ivi: that it was rtoiif Mream were f.i!l." was covered ly a fewnmp vfKt'tmion. ii;at the water wax lower in the ful autl the vejre tfttion o ilence tliat cue water couM mt te soon la tlw niul winter xcet in low -Ia.vs, ami that Mich condition weiv f-rmaneiit from year to year of or.i:nary rain or snow-fall. The swamp Kind i.a:mnatU4 otlcrcil Kvoi;: .ipluT to tlie Oiiati, sli.ivvitijj Iti tln ivy.'"" a chain il Imir lake. I lie two umitlnwly Ninn mii.ill tlic thin! named "Clr il 1 !.." am! the not thn in. t lx irn; Cfni.Jci.tM larger. ) In W-n. lM'.l, 1 1 ami the w ct.il ia ve im Ci'iiet .! ot Oregon iiej.!vl ih.n;i:iiii .nueitctl with ll'c u p n t t v.ir- in ot pul'lio I nit Nv Nil. l. I'oc N.v I. I'iid Sc.;W Cone) II K. I'. ". ! I '.v. No. t, .17 Cone . ;tn! ; II K l anl . . .. .. , I INk-. a -. I , ;i)i Inn;, ihnma. 1. i' j M.ii ot Oregon. 1MV.1. The foruict three ! ot the-- m.i's show a ill .in ot' lour i araic lakes in the vnllev. ami the latter 'seven, ot" which tlnvc are etv sma'l In the inajw of t Sil.t, ami 1 Mil'.. "Chnst ma Lakes" first uirars bs jciven to the w hole eli.iin. This Initios the cartographic puhlica lions to the x-ii-kI covcrcil by the oml testinionr, anil further mention of uK sequent maps of the region is unneces sary, eeept that to notice that in 17". "The Commercial Atlas of the l"nitcd Slates." containing "Crom's Kuilroail anil Tow nship Map of the State of Ore gon." is the first that show a continu ous hotly of water, or lake c :enilin; through the valley called Cristtnas Iakc, which is suhstantially followed hy the Oneral Lamf OtFnx maps of 1x70 anil 17"., while other maps show a Do Not Look At Them I 'nks vtmr t us cm Maiul tlic 1 1 ;iin l Mvitit; the Swilkst I .i iii' il Dress Goods and Trimmings i-vi'f liroulit to tin tow n of LaKcvicw. r u u.i- u u chain of separate lakes, instead of a con- t.oathrough this vaaer, wherem he savs, I ... commercing IVxviuUt 2.", IS 12; ' i nectcil hotly of water. "We encamped on tbe valley hot torn where there was some i -cam-like water in p-iiils, covered i a clay soil and frozen over. "D-ceia'K-r 2'i. Ciur gc r.eral coarse was aiin south. The voantrv consists ot larger or smaller basies. into which t!ie iiMUiitani watcis run down, torining small lakes; they prisenl a peritvt level from which thi nio ji.'.aiiis rise imme diately and ahruptiy. iH twcen the sac cessivc h.ihius the dinng gro'ind are Vry stigm; mi .. r.,i,.,hlt ih.it in the seasons of hih water, many ot ttie u.w. Lisins are in conimuiiiialion. At such lakt limes there is evidently .111 alum.!. nice of i the water, though now nc hnd scarcely more than dry beds.'' There are also referred to a scries of maps, twenty-r.ine in number, including the region of this valley; (1) One pre- t- i-. 1 . .1 t. . N'verai maps conclusively sn.ivv wiai the cartography of 17.", lS7'and 17".), was erroneous. The vaflev has a sloiie of eighteen feet from the mouth, or forks ; ot K-ep 1 re k, in Sec. -".). Tp. o'.i, S. K. 1 L'4- Last, to the "Stone Mridge ' near the 1 north hue of Stv. 1'. Tp. .'17. S. k 'Ji' liast, a distance of about 11 miles on a, ' straiglit line, and nearly t hit ty t hrcc leet j ! from the same lower lMiint to the head 1 , I of the marsh, near the southwest t.. Trier 'of Sc. Tp. ID. S K. I'V Lat. a .lis- tat.ee ot aiiout I'.l miles on a straiglit 1 8 i Tllli PKICUSat which vi- mII thitn. will g will save vou the trotihli til Mixlinj; olV, t t Wl save yon money, aim nestties inai, yon jf will See the Oooils hefore Hnvinc. Sji A . Part . of . Our . Clerks' . Salaries is paid them to show jjoods whether yon want to hny r not. We will thank yon to nsMst in nuaktnjj them 1;AK. THM1K MO.NMV liy showing yon these 'ootls that iltont we ate making this Koar I Lakeview Mercantile Co. I'or a ermanent body ot water or to exist extending from either .f above fixed points to tin- stone lists "all Vgal snl p.11 1 of w hu ll n ared ia 1S3S tiyCj.u.d J. J.Abert, 1'. S. Engineers, from information furnished y Hudson Bay explorers and traders and one in 1S4-1 by M. Mofras. attache of the French Legation to Mexico, com piled probably from s;.:iilar sources of infurniatioa. These maps concur in showing a chain of f,ur distinct lakes in this locality lying in a northeast and 1 6 uthwest direction, called by Mofras I ''lacs des plants." lakes of plants or veg- j Ctable growth, and, according to Albert, I Connected by "I'lants river." 1'ponj Mofr.'ts'.s m.ii i shown a train called ! "Houte de wagons ! 'tatc Ci:is ;i'.i ' C'ullanict," the I'nited Mates wagon! r.ad to the Willamette, eios-mg the Valley iK'tWeen the second and third o J tiie "lacs des jilant." 'J, Maps of 14. j l. r shall 1111 hide in t he dtviions tiK- greater 'wtt and uutit for culliv nliou. ' '" Tlie draft of the b II as first presented to Uk j Senate imght give color to siieh conten I lions, as it contained a ptovnwntli.it the Senate should adopt means "for tht 1 bridge, the water must have had a depth cd" eighteen or thirty-three feet 1 No evidence of such fact exists, tin the contrary the French mapof 1 h 11. showed that the valley could Ik1 crossed by wag- : - ....... . i. ....... t ....... .. I ,11--- ... 1 in.. ii tin. ,,iui in fcinni u ict . .- 1 1 1 r .1 ' , iirotivtion ol said lands from inertlow lower down, in 1 H.'l, above the lower lakes, or the many official maps of his route and explorations are all false. The Oregon Central Military Wagon Koad, in lM".'t, crossed at or near the ..i :...i: i i... .1 ..i.i i.'. i Ill.ttl IIHlIl.lLlll OV I r "HI 1 III 11 II Mil, , , , ., .- - ' I T!1U clearly makes l.'ie condil. on ol the iiuu v.oiinei i.riT, hi inr s.tiuc- jn.ui, i . . . ,1.11 1,iiii, iiiiiii n u.i.i ii I i.iii-, lift i,.,,,v ! Hut in its course thmagh Congress it scoe was so enlaiged as t" iueiiide "the ' uhole of ih.w swamp and nv:irtlowcd 1 lands, made thereby unfit foreuMiv atioii, which shall rtmaiii unnoldat tlu' passage I ! the third ni t.'" ! Manufacturer of the LAKEVIEW ahotit August 1st, ItJ., lie having a company of fifty men, two heavy w ag ons, an ambulance and camp forge. The "Stone Mridge" as it is termed in the testimony, is a ford at the narrows of tin- rnarh where t he lied of I lie morass has been covered with stones, bundles ot tales and tings so as to admit of its pas. sage. Another similar ford, about a mile south of this, w as known as "Little Stone Mridge." The witness 1'eterson crossed Hale Ot Colonel Alien (Sen. Kx. Ioe. l'l';. 2sth Cong , L'nd Sess..) .-.nd ls-t by Charles j 1'' ''' bridge in M17. Judge Va-irs,, an assisiaaL k., r.c.iont, -l'.ovv erossed t'n- m-irh on foot nearly the chain of four lakes, the second from j "'i the mouth ol Tvcp Creek in th the north Ijing named "Christmas Lake," v.'ith two unnamed farther south, and show Fremont's trail. ('!; In 1 a 'l'l'" lal sketch map bv Lieutenant llams one of Captain Warner 'sexploring party, i v.-ai made, showing his route through ! this valley and is still preserved in the V.'ar Lepartmert. and one ia Is.".", a j map of Lieutenant Williamson and AL-j l"tt hhowed Fremont s and Warner's 1 trail. through the Warner Valleys, the frst of these showing six small lake and the I titer five by which the imrthermost on- n named "Christmas Lake," lying th regions bounded by 4-2 deg. and 4? d . .'!() mia. and by meridians 119 S ) min. and 120. On the latter map are two more lakes lying in the same chiin north of 42 .'! min., making a fli on of seven. These constitute three H'-riiTal classes independent in origin. In Mrl, Mitchell s New Atlas; in ls.",r, li'aurncll's "New Mao of California, jn and Washington;" and in 1 rilnk'i Atlas of North America Midin ti.irn) were published, apparently coin cided from the foregoing as authorities, a it from original sources. (4) In 1 s." 1 to M"7 a m.'ip , as prepared by Lieu-teii.-oit I. K. Warren, tojn .graphical eaiti.-i-r. (!. S. Army, "from authorities, explorations and other reliable data," liadi-r orders of the Secretary of War, ol t!ie I'.-i in from the .Mississippi to the Pacific Ocean, to accompany tht report en explorations for a railroad route, khowiug "Christinas Lake" and four Cther l ikes southerly fro.n it, one being wjry small. Ja Is.'jH, t c- Murcau of Top Ogiaphical Lngineers by order of the Sec retary of War, prepared a map of Ore gon and Washington for military pur p -jsei, showing in the same region a like chiin Cf lakes. (5) In lh."7, "Stanford's Mp (iT the United Statvs" (Kogers Ik Johnson, English, publishers wtis pre pared "from state documents and un published materials" bv J'rof. Kogers, of H liton, and Keith Johnson, 1 K. S. L., ol ls7.",. In the tall ol ISfiS the w .iter was! only two to two and a half feet deep at the stone bridge and had a current of j two to three miles an hour when (iciieral Crook was there. The surveying party : of the Oregon Central Military Wagon Koad Company crossed the Stone Mridge in August or Septemlitr, lst;.-. In June, lS'.io, the water at the Stone Mridge was too deep to permit passage w ithout sw imming and had a current of fifty feet per minute. Such facts, independently of proof ot fall by levels, show that no continuous lake existed throughout the extent of the morass. Had there been a permanent lake, in length thirty miles ami several miles in width, the shore must have Itfft 1-cuche or shore lines upon the sides of the vaj. ley at elevations that the waters for any considerable period maintained. The evidence fails to show any such beaches, except an ancient one mentioned by Pro fessor Kussell in his "Oeographiial Ke coiiiiaisance in Southern Oregon in lssl, IKsli", page 4.VJ "at an elevation of""." feet above the surface of the present I'laya Lakes;" also another I teach or water line mentioned by some of the witnesses as containing fragments ot tides and swamp grasses observed by them at a flood period, when the water was up among the sage brush at the upper cud of the marsh. As sage grows only on arid land, the fact that the waters were then at a height covering land where sage brush was growing shows that this elevation of the waters was a stage of temporary and unusual flood not that of a M-rmaiieiit lake. The agricultural claimants contend the swamp land grant was confined to lands inundated by overflow of large rivers and docs not extend to such val ley lands as these. The act ofSeptemlier 2H, 1850, is not in terms confined to lands subject to overflow of large streams. The third section of the act provides that the Secretary of the Inter. and. from w h.itever cause, uot j alone to inundation Ii oiu the overflow . of a large rixr. t he cr'terion, and theaet i has alw ays IxMirnc such intetpit tati' n I Michigan Land Lumber Company v smith ( i .v. r. s.. ia; 12.. It is also ii nisied tbt the iu l ol I hi i surveyor in meandering these 'amis as a I.ike w hen ; .jiprov ed bv the program i t horn ns ot the land depart iifit , tstab. bshed their characti r as a lake and exehi-i-, i d them from thegruut. The view oft. k ! drpart mint upon t his subject is well it J j tressed in the decision of the Suprri ic Court of Iowa, in l.arr v. Moore. ('.'.' I 'A'., T,2, ,"i t, ) wher the Court said: I "Put the action ol the surveyor m tneaiult ring the sh re line oi the stipt,its ml lake cannot make it a lake utiles it is We have he I 4 that it, liv eviilint one. mistake on the pan of th' surveyor, a meander line is run w here '.here ,s no body of water pro-sr to 1- men tillered, the title of the owners of lorn orfrjctioii al subdivisions on the meander li:e docs not extccd ln-youiH ScIiIosmt v. Cniicks. bank, '.)'. Iowa, 414, Ctj N. W.. .(U, Schlosscr v. Hemphill, ' N. Xi., H 12.) As to whether the land ivitlliu meander lines is swamp land or not is not con clusively scttlci by the act of tie survey or. Rood v. Wallace, 101) livwa 5, 7'.) X. V 44'.). And, in general , to the effect that t Se ruining of thtrmuaniWr line does conchaiveIv irstablisli the ciiaratier of area beyond the mmiiidcr unc, an to whether it is rivet. hike marsh, or unsurvcyed tind, see-Niles v.Cedtar Point Club 175 I'. S., .''.)). 20 Supt. Ct. 12.1. 41- L. K !., .'17'.), Kean v. Hohy, 1 .1 Ind.. 22, l"N. Ii. .1011. This view also lias supjtort in Frem h (iteiin Live Slock Co. v. Springer ( 1 s." I'. S., 47, .".! ' The ;'gi icultnral claimants fnrthercon teud that tin; selection of school lauds in lieu of lands claimed to have liccn lost in place as within "Warner Lake," estops the State from claiming the land in con roversy as svv amp land. An cslopjjcl can be no broader than the representa tion made, upon which it arises. In se lecting indemnity land, the only facts necessary to exist as right therefor were that the sections assigned as base for the selections were wantiiiL', or did not pass to the State. What might lie the fact as to the reiiiaiinhr of the township survey ed as laud was immaterial. An immater ial, however false or mistaken, represen tation, never give rise to an rstopjH'l. While, therefore, the State, by selection 5. F. Ahlstrom 3 kccojcnljed as the Kent Vatjucro Saddle -c N'iitiis, Q a- a- Q Va;t)ii and Mny llitrness. Whips, Ilolu-s I5its, Spurs. lnirts, Ilosi'ttcs, I'.te. o iCepaiiiitj; of all kinds, )y eoinpclcnt iiieii. LAKEVIEW PLANING MILL Sash, IJIinds, Door Casings, MouliliiiK;, Window and IJcchivcs and Furniture of all kinds made to order. Write for estimates on contract work & material HANDLEY & CLENDENEN ereford Stock arm Drews Valley, Orogon. F. O. Bunting, Owner Largest herd of registered Herefords in Oregon Younv: Cattle for Sale, 1 At DOR ALAMO head of herd (continued on next pngej kiLEV I JEW Livery and Feed Stable W. K. BARRY, Proprietor. Mortal Boarded by th day or month. Plrat-clau Turnout and 5addl Hone. Our Specialty I the Quick and Sal Delivery ol Panfer lo All Point In th UUIrict. HAY AND GRAIN P0R SALE Proprietor of Barry's Opera House. Only Place In Lakeview' For lloldlii Public l;ntertalnmenU.