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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (April 30, 1903)
LAKncwJnsv nxAniNr.R,.UKUVitW, bbfeuoN, aprIL M. Ioj. MOTION FOR REVIEW. (continued from 1st page.) t lecn construed to have the legal effort to nwrvo and except mteh lands from the weoje of tlie Urnnts eo made, and bucIi lands ho applied for under the Pre-emption Act of Neptemler4. 1M1. or July IT, KM, Mere ever heltl for the exclusive line and benefit of the part leu no making such Pre-emption Application there for. (If living) or their Heirs. Admin istrator, or Iegul Representative (If deceased) and we rvseetfull.v nul mit, that It wiw Krror for you not to have so held In your said decision of March It!, UXW. a. In the Stipulation entered into by respective Counsel In this ease nn May 2, IVU (part of the res gestae ' lieforeyoti on March K 1!W). It was specially providid. that the right to object, even to the introduction of evidence: tending to establish the character of any Innds reserved, pursuant to any Act of Congress p. proved prior to March 12. IviO, was reserved, in order that the validity of any such Objection, if made; and the ruling of t lie LiR'nl Land Otlice thereon, might le subject to review mi Appeal, lut are oilier blatters in similar eases. This objection was duly made lief ore you. Hut your said decision fails In toto to review or to take any cognizance whatsoever of any Lands, claimed by us to have lieen reserved pro tanto from the Oregon Swamp I .and Orant of March 1- Ivii). by the oper ation of the claims made to portions thereof by those persons claiming same prior to March l'". V.M, under the I'rtM'inptiou Act of Seitember 4, 1Mb or July 17, A. On the con trary, your said Decision seemingly whooly overlooked all of the same. Altlioiigli the mere filing in the Local Land Office for any of said Lands under the Pre-emption Act of September 4. and July 17. 1V4. may not constitute a sale, or a dis posal thereof, yet we submit, and resjieot fully insist that such Filings in the (.roper local Land Otlice and now of oilicial Pecord in said Otlice coupled with actual settlement, mailu uii.l.-i the- fre-einpllon Acts of SeptemU-r 4. 141. or July 17, 104 did. and do constitute Keservat ions of said lauds pro tanto. and Keser-j Land otlice, at Lakeview, Oiv'uii. rations sufficient to except and ex-i with all its iflicial Pecords. Maps, elude all tlie same from 1'atents, to ' Files and Papers, was totallv des- I ! be legally earned by, and to le prop- troyed by Fire on May 'S, I'.hhi, mid , erly issued to tlie state of Orcg in. possibly it may be, t hat said dest rue- i under said Swamp Laud !rant of j tioii may ha ve included some of the I Ion claim of im Hoyd. lu favor of whoe llelr. In . it r wild lSvlslon, you have discriminated and ordcnd the Patent to Issue to mild Heirs, for the lands so deserllied In Hoyd'H mild l. S No. but only because mild Heirs had therefore I kvii permitted to make cu-h payment for the Lands so claimed by said Itoyd. Put you Ignored lu toto the fact, that other Pre-emption claimants have heretofore made full and final i proof for the lands which they claim I resK'tlvcly, under tlie Pre-emption Act of Septcinlior 4, 1MI, or July 17, KV4, many of which are now, and long prior hereto have (won; of rvoord I In the (i. L. O. ami all suspended from approval; and payment therein ' not only not allowed to lie made, i but liecnuso. only, of Oregon's Swamp Land t in 1 ill thereto. Includes those I which wore N-foro you on March It!, !!:!. These Pre-emption claimants for many years prior to March 1'!, 19U:l, were prevented by the subordinate otlieers of your IVpatmenf from making full payment 1 1 bough full i mivm.itit In Miiiiilrv enses imiv ims. ' sibly have lieen tendered to the prot. er Local Land otlieers, for some or all of said Lands so claimed herein resiH-etlvely ( and such payments ro- . " ' . . . i fused to lie accepted or reolevod only liecause of the Swamp Land Claim thereto bv. the State of Oregon audi its lirantces. Is there no Iiw .1 list Ice an v where along the Hue tc I Ik.' tneted out to these Pre-emption claimants'.' Shall Appellants lie, in effect, declared by your said Decision to profit by these erroneous ami illegal Acts of your subordinate otlieers, tirst by depriving, and in effect dcliving these Pre-emption claimants from making full payment j for said Land respectively, when they had the legal right to do so, and, second, t heir failure to so pay to lie pleaded hereafter as valid reasons why said Pre-emption claim ants should not now, or as soon as may lie, put into possession of valid evidence of 1 if gal Title, to wit. Pat ents for the Lands claimed by them respectively? .1. We respectively ask you, Mr. Sec retary, whileconsideringthis Motion for Keview, to take Judicial Cogni zance of the fact, that the Local FOR SPRING CLOTHING GO TO BAILEY ..&.. MASSINGILL K'iti us up oti tlie Phone if von w.uit Anything in our I.iiK L. BAILEY. . . . of 4 if 7 PAINUR . AM) PAPtR . M-WGt R . out ilit ami lleniill rill line ill Nnmilra In sc l'i t fill ill. WORK . (IL AKAMLLI) PKtCES . KliASON AIJI.I; HOT 5PRIN0 Bath House r MARK ni '.MIKAVi:, I'rop. Piitlis Neatly Arranged and made ciiiiveiiieiit for imlilic pleasure. Thorough rcno:i lion, iieut ilresi-iiiu room. Pound Trip, ""icts. I tuth l!i c'.n. Healthful, Pleasant, Cleanly HIGH SHOES Lowest Prices March IJ. 1mi. Then.' w;is befon- you for your con sideration on March l'.Hi.'i, among other papers, copy of our Printed Motion for Iteview of the Pifisions of the If on. Com. (J. L. t. heivin; of October 11 and 19, 1V.2. filed by us with lilui ui Xouember K, l'.yj, which contained on pages 75, 7'i, 77, & "9 thereof the Description of :i7 Pre-emp tion claims made to por tions of. these lands, under the Pre emption Acts of Scpteinlitr 4, 1-M1 or July 17 1V.4, giving the N'uiier of each jiarticulur I). S., the exact des cription of the Land so claimed therein respectively, and by whom made and claimed, and the respir tive Pates when so made and claim ed, which for your further and exact information we now here reproduce as follows, to wit : N. M. Prakes, II. P.. Stephens, S. P.. Swan, A. U. Crakes, W. S. Thotj fton, L. I). Crakes, (';. V. Maupin, Jno. T. Maupin. A. C. Willey, Km ma Nesham, A. N. Peiinett, Jesse Mor row, Henry P.roddus, Amos Poyd, Confii'ined by Secretary's decision, Alex. Cameron,' John V. Morrow, S. K. Hilderbrand, Joseph A. Morrow, M. K. (birdon, A. i. Oldham, V. M. Harvey, (Jeo. Wilson, K. M. C.Moore, ('has. Willey, Chas. Combs, A. V. Tonningsen, Win. A. Moore, L. M. Frakes, John Wall, H. L. Maupin, J. O. Kafader, Sam'l Moore, J. C. )od hoii, T. J. Dodson, Oeorge W. Jones, Andrew Crakes, Patrick C. Kyne. No. II of said List of :;7 Pre-empt-! Pre-emption cases involved herein. ii. Wherefore, Mr. Secretary, we now respectfully move you as fol lows, to wit: First. That your decision of March Hi, Phi.'!, in ho far as same re lates or refers to lands herein claimed under the Pre-emption Act of September 4, IM1, or Act of July 17, 1."4, may le modified by delar ing: That that portion of your said Decision shall not lie tarried into i f-' feet until you are first officially, fully 1 and finally advised in regard to each and every one of all the Pre-emtloi claims, made prior to March Pi, V.m, i to any portion of said lands, under j the Pre-emption Act of September 4, J lvli, or July 17, ls.'l. Second. That you may modify j your order to the Hon. Com. J. L. O. in your said Decision of March Hi, ! 190.'!, to prepare and submit to you,! New Swamp Lund Lits, embracing' such of tlie lands in controversy Uh properly pass to the State Und'.r your said Decision, by declaring ex-1 obundantl caution'; IhatMMd Lists! .hull not include any lnds claimed prior to March Pi, h,'M:i, under the' Pre-eiiiempt'ion Act of September 4, 141, or Act of July 17, 1S."4, as same' apjM'urrd of rei-ord or on the files of his o'lice on March PI, 190.'!, either as subsisting Pre-emption claims, or Filings for Pre-emption claims, or Pre-emption claims or Filings which had lieen cancelled prior to March 10, 190.'!, because of any Oregon Swamp Land Claim thereto, under said PENCILS nbUSER -sj fSj (hTCMCSj TMEIJIQSAU: J IS STILL -3 g AT J g THE MONOGRAM 1 a : if 'I K 'J. li