Image provided by: University of Oregon Libraries; Eugene, OR
About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (April 30, 1903)
xumnm VOL. XXIV. LAKKVIKW, LAKE COUNTY, OREGON, THURSDAY, APRIL :J0, IJNtf. NO. 17. 0 FRIEND TO SETTLERS. Ken son Why Ulngcr Hermann Would not Yield Mis Con vie Hons to Ketnln Ills Office A great ftt-ul Is U-Ing said about ilit strained (?) relation between President Roosevelt mid Hun. lilng- r Hermann, tin' popular candidate fur Congress from lliU district. Tills Itlllll'l IllltlCil IIIXIIIltM to III it llillg and Im merely campaign material used liy tin t 11 hI 1 1 n . Tin- f ill' v Ing n n very truthful Hluti'ini'iit written by Harry L. Ilolgate. f r nii'ily of Tin Aslorlnn, aud published In (In- ( ui viiIIIm J 1 7j 1 1 : "Till llM't'llt loll uf till' Nn 1 1 1 1 II 1 1 I .ami laws U In figure In tin' present I I Ix I ( lregon ( 'ullgreSHlulial 1'Utrlrt ti 1 1 1 1 hi Ik Just why HiIm Ih so In imt exactly i -li-iir. Neither Mr. Her mann imr Mr. Kennies, imr i-vi'ii hi r own Mr. I uunlln can In, In rea ..iii. Iilmiii'il fur those Iiiwh which liavi iluni- iiinrh fur tin- West anl which ha vc also given an opportu nlty fur it 1 1 1-1 1 fraud. These frauds liavi' Im'i'Ii accomplished under tin various admlnM rations ami will 'nit liitn an lung at thi land Iiiwh re inaln iih they are. "In tin1 mat tiT of tho conduct uf I In- lisal la nil officials, It will Im- re ini'iiilx'rril that the commissioner of pnlilli' land Iiiih nut the power tn appoint or iviiiiivi' thi in ami the several Oregon Imnl land coiiiiiiIh .Iuiicih, whu havi recently suiuiiinrl Iv ri'ilri'd. were appulnU'd hy a Fed eral Judge, wliu happens to Im a I h'lin K-ru I . Nu one t lilnkH of hold ing .1 ih1k I'-dUngcr responsible fur t he nlli Ri il utlli'lal misconduct. "Mr. I li-rniaiin, when Commlsslon .r, urged Congress constantly, hut wilnl.v. to ho amend the Iiiwh that the frauds could nut Ik- prin t leocl. "Among the other realities that the oppuHltioii to Mr. lli-ruiaiin will nut discuss in connection with hU uduiliilnti-atiuu of thi hiiul oilier, Ih I he fact that ijf tlu'r.NM,MMJ tof 11, IMHI.OIMI, which wan handled hy the of fice during IiIh lm-umlieiify, not one 4'i'iit was lost through defalcations or rlirleSSIieHs. "To thon4 familiar with tho situ ation it hiimiih m1i! that the friendly n-liitloiiM N't ween the President and Mr. Hermann should lie questioned, for were those relations other than very friendly Mr. Hermann would not have retained IiIh office ho long after Mr. Roosevelt's accession to fist presidency. It Ih very unusual for a bureau chief to remain longer than the department desires, and Mr. Hitchcock has for several yearn urged Mr. Hermann's retirement. Their difference wmh not personal, hut wiih based upon several matters of policy In which Mr. Hermann had the support of the Went. Mr. Her mann did not rare to yield IiIh con vlt'tloiiM, even lo retain IiIh office. That those unpivventahlo land fraudn were not an Issue Is shown hy the fact that Mr. Hermann's ns- slstant was inado IiIh successor. . "Of really more Importnntnnee to Oregon than a Congressman's re lations with tho Administration Is his relationship with Congress, and probably no Oregonlan who reads and tlilnUn will deny that no man In tho State, other than Senator Mitchell, In closer to the Influential inemliers of Congress than Dinger Hermann. Of especial Importance to Oregon at thin time U the fact that Mr. Hermann la , on tho moHt (pleasant terms with Sjieaker Can oon." Motion For Review In n .1. L. Morrow et al., Apiiellii'H, VH. The Htate uf Oregon and The Warner Valley Mmk Company, AppellalitH. fjlkevlew Iwiml DUtrkt. Ori'giiii. Motion roll a ICkvikw ok tiik ii:i ih- IuN OK TIIK Hon. HKI'IIKTAKV lK tiik I.nthiiiiii, Kknukiikh o M urn M, l'.Ki:i, in tiik AllilVK Kniiti.kii Matikii. I Ion Si i hi; i aii v uk tiik Intkkiuk, W'AMIIIMiTIIV. 1). f. Mil Sk.i'iik.takv: Now eiiine J. I.. Morrow et al.. hy John Mtillau and Jowph K. McCaui im hi. their t'oiuiHel and Atturneyn, and the I'nlted Ktuten by John Mul len their Attorney. Apn-llii'H in the above entitled matter, and ren hh t -fully inuveyuii to review, iii-unnlder. and vni ate or mudify mi much of your Maid IVi-IhIoii rendered therein in Mar, h 1(1. lUtct. which In any whi. ,,,,'' ",',mI" M',r " -rehiti-H to LamlH claimed In tl(. H ting the claim of the State Ih re chhch. either under the i'riM.l,,tiverH.'d. andullof the clalniH adverHe Act of SeptemU'r 4, 1MI (.' V. s. to the State, excepting that of the StatH., 4.VI) or Act of July 17. is. ' "Hrn of Anion Iloyd. and any other (lot. K. Stain., :Mi.-.) except any of exiting pnmptlon claliim which that which relaten to the claim of ave Uen, or may In- perfit teil Ih-. the Hclrn of Aiiiiim Itoyd. and to ,,n' thin ItocUlon Ih carried into clalniH Himllar thereto, and iim nrv lereby n jin ted. groundHfur tiiln Motion, they now - l"w.11"" "Ul r,-HHMif.,Ily HUbn.lt to yuu a- ful- "t l'l'rovl a New Swamp luWHtiiwit- j IjiiuI Lint embracing hucIi of the Int. In vour Hiild ilii lHlun f land-In eontrovemyaH proin-rly pann March hi. !!'!. you Htate an fullowH to wit: 'Tlie Act of March 12, ImJK, xupra. ! nald Heclsluii of March lfi, l!MKI, Mr. extending te tlregon the (irant of Secretary, you cummenti'il upon ho Scptemlier 1, K'iO, Hiipra provided I much of the Swamp JjiikI (irant, that "The (irant hereby made Hhalliand Kxceptloim contained theivln, not include any lamln which tie 'made by CongrcHH tothe State of lliivernmeut of the I'nlted Staten j Oregon hy It Act of March 12, lMW, may have reHi-rveil, Hold, or dlnpomsl ; oh r,'latH to Halen and illHpoHal of of (in purHiiance of Law heretofore enacted) prior to the conllrmnt Ion uf the Title to lie made under the piu ImIoii of tlie Hiild Act." It Ih theivunder contended that lamlH to which a right of wttleinent or tiling under the pre-emption Law of September 4. 1S41, had attached, before the Innuance of l'atent, under the Swamp Land (Irant, are exclud ed from that (Irant. Neither Settlement, nor filing under the Pre-emption Law, nor hucIi Settlement and filing coiiHtitu ted a Sale or dlnponal of the laud by the United Staten, mich as excluded It from this (Irant (YoHcmlte Valley caws 1.1 Wall 77), Ham vh. MUwourl (IS How., 12), Conger vs. ItolKrts (Id. 173), State of Utah (22 L. D., 41S). The prtM'inptlon claim of tho Heirs of Amos Iloyd Is for a portion of these, lands. Doyd's pre-emption filing was cancelled July 2.1, 1SD2, In the Contest of tho Ntato agalnHt the same, but that decision wns set aside Pccciulier 111, 1S!)3 (17 L. 1., .171) and July 1, 180.1. lTpon the sub mission of proof and payment of the purcluiso price, Hoyd's Heirs were allowed to make pre-emption Cash Entry, and patent certificate was Issued to them. This erfoctlon of tho Entry con stitutes a Hale and disposal of the lands embraced therein (Carroll vs. Hafford, 3 How., 441, 461; Stark vs. Starrs, 6 Wall., 402, 418; Aspen Con solidated Mining Co. vs. Williams, 27 L. I)., 1, 16) and being made under ! a Law (Acta September 4, 1841, 5 I Stats., 453, and July 17, 1S54, 10 HUitn.. .'Ui.'i), enutiil prior to March . 1 J, Ihimi, and hImii made prior, to the Cuiiflriuatlon of Title In tlw State under the Nwamp Land Act (StaUt of MIlilienutH. 27 I.. P., 41rt. 411t. the lamlH iMiibraced in miicIi ('iimIi lintry are Kxcluded from the Ortint, ami the Kntry hIioiiIiI he paMMil to patent, If It Im iitlHrwlm regular. If any other pre-emption entrlen Mhall Im regularly M ife ted prior to the lnHiiaiice uf Patent to the State, I the lamlH ioer'd hy hih Ii KntrliM ! will IlkewlHe Im- excludeil frum the; tirant to tlie State. Tlie lluiiiexlead. lii M-rt Land, nnd j TimlH-r Culture Ijiwh, tinker which ; Hume Individual clalniH are unm-rled, j were all enacted after Maijli l.'i, 1 ' and therefore coiiHtitiite no IhihIh for the excliiMloii of land fruui the Swamp liud (irant. Fur the reaMuiiH herein given, your to the State under thin DecMon." In the foregoing extract, froinyour lands (In pursuance of auy Law enacted by CongrvKH prior to March 12, iM'id) prior to the continuation of the Title to le made under the pro- vIhIoii of the said Swamp Innd j (irant which Is the issuance of the Patent, and also upon the legal effect of all thereof, and divided that Filings and Settlements either Sep arated or combined, do not Consti tute SaUs of Iand, but your said IVcIhIou does not make any refer ence whatsoever, to lands reserved by the Government of the United States' In pursuance or by the ojier atlon of the Pre-emption Act of Sep teiuberD, 141 (5U. R. Stats. 543) or Act of July 17, 1S.14 (10 V. S. Stats. 80.1). We do not deny that Congress has the power to do pll those thing? which tho U. S. Supreme Court sny It actually did, In the cases you cite In your said IKi-lslon, wherein the (irauts made were absolute, with out any reservation or exception or condition whatsoever, but what we do deny Is, that Congress did those same or similar things In the case of the Oregon Swamp Land (irant of March 12, I860, but on tho contrary In said Grant Congress sought to protect and did amply protect there in, all actual Settlers located on those lands, up to tho date of actual ly Issuing Patents to said State by virtue of the limitations and res trlctlons contained therein. When Congress extended to Ore gon the provisions of tho Swamp Land Act of September 28, IS50, it did so, but not bo as Congress passed it on September 28, 1850, but on the contrary (.'nignMfi i-uupliil It with Hiindry HinttationH and r-t iii tlnn. to wit, that if any land of tho i-Iom of lamlH ho then granted to the Stftte jf On-gon, had Ui-n reverHed, ln pnrHiiniK'i' of any Iiiw emu-ted by (-"ongntiH prior to March 12. WW) prior to the date if 1h iMximni-e of the I 'u tent therefor to naid State. ir If any lamlH of the i'Iukm of l;itnln ho then granted to the State of Oregon had Imi-ii Hold ( in piirnuance of any Law enacted by ('inicnw prior to March 12, IsM) prior to the date of the iHHiiauce of the l'atent therefor to naid State, or if any IiiihIh of the dam of laud mo then granted tothe State of Oregon, had Intn ilifpuneil "f (in piirMiiance of any ltw enacted by CongrcnH prior to March 1-', X'iO, prior to the date of the iHHiiaiiee of tlie Patent then-fur to nnid State, that then, and in nil such cum. when Patents were ready to legally Ihhu(, all the lauds found to have lieen ho reserved, ho sold or other wise ho disposed of, were, we resHft fully submit legally and proiM-rly to lie excluded from Patent, under the Oregon Swamp lauil Grant of March 12, IsGO. Congress, In harmony with its uni- tlon to the avtual settlement upon the Public Domain, in enacting tie Oregon Swamp Innd (Irant of March 12, 1mX. sought and intended by the nfomald limitations and re strictions contained in said (irant, (which is always to lie construed strictly against the (Srantee therein) to protect all actual settlers on any of said Lands, claiming any portion thereof under the Preemption Act of September 4, 1841, or Act of July 17, 1x54, up to the very time of issuing Patents to said State for the Lands which Congress Intended to be grant ed to said State, under its said granting Act of March 12, lstiO. The Swamp Iand (irant to the State of Oregon, we respectfully submit, did not, aud does not, vest Title In said State in and to any lauds, iutended to lie granted under said (Jrautlng Act of March 12, 18(50, until tho Tatenta Issue therefor, up to which time your Jurisdiction Is Supremo and exclusive herein, and like Grants of lands made by Con gress to Railroad Compank's, where Title vests In the Grantee to Iands Intended to be granted, only, upon the definite location on the grouud of the lino of the Route of such Rail roads, wherein, prior and up to said said times so fixed In the Grunting Acts, tho Settler in the case of the Swamp Land Grant to Oregon, and In the caao of the Settler, within the lateral limits of such Railroad Land Grants to Railroad Companies, claiming any portion of said lauds under the Pre-emptlou Laws (before they were repealed) could make proicr application In due form at the proper Local Land Office, to enter, prove up and pay for name within tho time or times prescribed by law, and the Rules and Regula tlous granted by your department, up to the very moment of tJnie when Title to the lands so vested in said Grantees. Such rre-emptlou Appli cations for said lands, when they became matters of official record in the proper Local Land Office, have (continued on 4th page.) RAILROAD V0) I f r ', it . Now Comes the Rrrxrt That itu N. C. O. Will Sr-na be On Its Wiy to likcvle v. Ore vf. Iieclded nctlvty U Is-ing shown of late by the Nevada, CalKornia Sc. Oregon Railroad Company tow ard proji-ctlng Its line Into South Central Oregon territory. This line lins for a long time Is-en contemplat ing an extension of its line north ward lolaakeview.from which point it can tap wet ion farther north. The line extends from lU-uo, Nev., in a slightly northwesterly direction to Madeline, Cnl. The now occupied territory is very productive and a good business country from a rail road standpoint. The extension to Lakeview presents no engineering difficulties, but Is an extremely easy route. The line has already ln'en surveyed aud as planned will go through a productive section ami through one rich in agricultural resources. A lit tle north of Madeline is Alturas, a small farming town that offers good Inducements to the proposed line. IScyond this the line will follow along the east shore of Goose Lake to Lakeview'. This is as far as the road Is planned for the immediate future, but there Is a plan on foot to extend It farther north, possibly to p" with t heColumbia Southern or have a m , -. own. , From Iakeview there are several routes suggested, either one of which offers wonderful advantages and promising business to the road. There Is a possibility that the line will lie projected t Rurns, to tap the rich ranching country around this town. There Is also a promise that the line will go to Klamatn Falls, w hich has lieen mentioned as the terminus of the line mat is about to lie built from Madeline. Whichever town will lie chosen as the terminus of the road will give this line an undisputed field for busi ness, unless some of the northern lines build south as far as the California bouudary. This will give San Fran cisco practically the monopoly of the trade In South-Central Oregou and possibly farther north. That this condition is not desired by the Port land business men is without ques tion. Sair Francisco business men are lie- hind the new line and are forcing the project ahead aa fat as possible, in order to get on the inside in tho Oregon business. This invasion of the Portland territory Is looked up on here as critical, and business men are beginning to consider what can be done. The Columbia Southern proposes to go 100 miles south this .... a. a l M. year, out tnts is not; iareuougu io retain the control of the extreme southern business, which can be made greater than that at present controlled. Portland business men are now considering it is necessary' to aid the Columbia Southern In its southward movement and to en courage It to go still farther than now planned. They argue that there Is plenty of capital here to build the road to the California line aud thus retaiu Oregon's business for Oregon's wholesalers. A California railroad man, who is In the city today, quietly looking up the conditions here, Intimates that the Nevada, California and Oregon road will begin Ita northward move, in a very short time and when once. begun, the San Francisco wholesal ers will not let It stop until they have an opportunity to secure more business In the section Indicated. There is plenty of capital behind the line, he says, and It Is going through with dispatch when work actually begins. Just when that will start ts not known at present but he suggested that It may be at any time.