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.