Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, October 01, 1903, Image 1

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VOL. XXIV.
LAKKVIKW, LAKE COUNTY, OREGON, THURSDAY, OCT. 1,1903.
NO. .39.
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J. N. WATSON
C. U. SNIDER
,
OicRoti Delegation Recommends
Their Appointment to the
l.nkeview I -and Office.
Tin1 Washington correspondent of
1 1 ii ( ircgoulnii under hy u of Septem-Is-r
says; Tin' Oregon delegation
having awakened (o a realization of
the furl lllllt President Itoosevclt
menus what he suys, mill fearing dc
lay might prove detrimental to their
pr.-stlge, have riiiiiMnl'l that
John N. WntKoii, of Paisley, hi- ap
pointed Iteglstcr, and '. C. Snider,
of LitkcvlcW, Ik- appointed Becclver,
of tin- LnVevlew Land Olllcc to sue
rud Itrattalu uii'l Pulley, soon to Is
removed. Then Is lit Hi-iloiihl that
tin iin-it ri-coiiinii-iiili-il will be ap
pointed within h short thin'.
These recommendations were fore
casted In Tin' ( iregonlan itt tin- (lim
it was lirst (i tux mi ii ) that Brut tain
ami Bailey were to go. It w as also
im-dlctcd that Congressman Her
iiimiii would not consent to Brat
tain's tvmoval. but woiilil advocate
and recommend his retention. This
predict I. .ii hitH also Im-cii fulfilled, for
In t In- li-t ti-r reeeh -I'll h.v t In- President ,
wlill.- M 1 1 1 1. -i I . l ull..'!, Williamson
.-mil Hermann all Indorsed Snider,
only tlu'it- iiii-iiiIh'Ih Imlorm- Watson,
I h i iini'in writing a separate letter
liiwhlrh he recommends that Brat
lain In- allowed to o mt luue In olMcc.
I iil.-.-t s.-ci-i-t i ry II 'tchcock haw
KiiinriviiMiii why Watson nml Knlih-r
should hiil l- nioliiii "I. tin- I'i'i-mI-,
f , i i t will w It hiii lh'-ii'-xt few days
..Ign ci.iiiiiiUs1.hu for I h'-M- lii- n ami
direct tli.it no t Inn- I"- lout In liistnll
ng tli. in in oiImi-. Hi il.--liv for
ill Imliii'ilia t- change U rll kh'iWII,
III. I ll l- ll'.IMI lllllllh- to hlllHIMI lli
wlll hlniHi-li i.iki- any steps that
w ill result In ii n-;t 1 Uto' lory ili-lay.
Makes Valuable I'uri ha.M..
I . (. Bunting ret urncd Tuesday
evening from Salem w hnv lu- has
ln-en attending tin' state fair. Mr.
1 '. 1 1 1 1 1 1 1 1 says tin- rinwil at tin- fair
WHS l l.l .t'lllollH.
Tin- North Pacini- Kural Spirit IiUh
tin-following la regard to Mr. Bunt
ing's pun base: "Mr. I'. . Bunting,
if Lukcvlcw, tin-., ami proprietor of
Bunting Stock Farm, of Hercfords,
with IiIm uhiihI foresight and good
Judgement, bought the prlzo winner,
Pendlctonlun l.Vlvti, from C. II. Wade,
of Pendleton. Ho Is sired by Tip Top
11KM0, bylluiK-rt 74103, out of Golden
Pippin 103093.
IVndletonhtn Ih an fine a sKflinen
of the brtHxl an will be found In along
lime, and he promlnos to make a flue
animal and aire. Mr. Hunting will
i mo him on hU other Iferefordu, and
UUIeve that the btwt way to build
np Ih to got the bt'Ht blood pomilble and
ntfu Itfm ly. He now ban something
over 200 head of reglHtorod Herefordn,
and while a long wayH from railroad
connect Ion, he dtn-H a large 1uhIih-hh.
He now ban Home very choice young
stock for Male, from Much noted Mt raltiM
mm Lord Wilton. Anxiety and drove
:!d, who are well known to all hreed-
TM."
Win. II. Shirk returned the latter
part of IiinI week from lierkely, Cal.,
here he iiei oiiipanied hU family a
couple of wcckM ngo. Mm. Shirk
will remain there Huh winter where
I heir Hon It.'V e. peels to attend the
I 'nlvei-nlty. Mr. Shirk will njiln
i i 1 1 them all. ml Hie litvl of January
to remain until 1 hew inter season Is
over.
SETTLERS
WILL LOSE
Secretary Hitchcock Decides In
I'a vor of Corporatlon-l(tnore
Chamberlains Appeal.
The Acting Secretary of the Inter
ior today hroiiKht to a clow olio of
the luont fiimoiiM and iiiom) protract
ed laud ronttMtn ever Initiated In
On-Kou, and In ilolng mo added the
name of (Jovernor Chamberlain to
the list of On-gouluu olllclals who
have Im--ii turned down by the
mighty Interior Department, mii.vm
the tlregoiihili of the lN;th.
Se n-tJiry Ityan In rendering final
iis-mIoI III the case of J. I,. Morrow
and others auallist tie Slate of Ore
gon and the Warner LlvctM'k Com
pany dln-cted that patent at onee
Ih Ishiii-iI to the state on In-half of
the livestock company, transferring
I o t he state I he large tract of l.iti.l
In Southeastern Oregon which was
LM years ago scli-eted under the
swamp act and which lias ever since
Im-cii In continuous litigation. This
Is the very action that liovcrnor
t liauilierlaln undertook to prevent
when he telegraphed the Secretary
on .Inly la demanding that "no
patent Issue tot he state lint II request
tlicivfurc Is iiiiule by Inc." In that
telegram In- mlded:
('IIAMIII.KI.AIS T HI Kit To SI ol' IT.
"No one has authority front me to
represent the State of Oregon in re-
Ucsl in:.', Issunnce of pnO-iit fur t he
l.in., though I am inlormeil that
some one pretends to represent the
lioverin.r of Oregoll fur th.lt pur
pose. 'I In- matter Is U'ing Inves
tigate! Iiy ine and mull sutislied ns
to the Im.ii.i tides of t he cla llil of t he
st ile to these lauds I will make no
re.uest fur issuance of patent."
lu his ili-cislon Judge Kyau says
Hint on March !! last tin- depart
ment I, I'M Hint the Inn. Is lu contro
versy at the date of the grant,
March 1-, lviu, were swamp lands
and therefore the Land Otllce was
directed to prepare a ne swamp
list. List 70 was prepared and
approved July i!, and a copy sent to
the liovcrnor. This brought out
his telegram of protest.
Judge Hyan sIiowm that the War
ner Livestock Company Ih the party
that tiled requcHt for the Issuance of
a patent of these lands to the state.
The state Hold the lands In 1SS3 or
1SN4 and received compensation for
the same, which It haa ever since re
tained. Title passed to the stock
company from the original grantoea
of the state and under the ruling to
Judge Kyau since the state sold the
lands and accepted pay therefore It
was bound morally, at least, to up
holJ Its transactions In good faith,
Moreover, he found that Oovernor
Lord and his successor both sought
to obtain from the Government
patent for these lands and that
patent was delayed In issuing be
cause of the adverse claims of Mor
row and others.
I'llKlllOCKSSOItM TAKK I'KK.CKIIKM'K.
Taking a broad view of t ho ease,
the Secretary says that the present
Uovet uoi- cannot revoke and vacate
Hie request of his predecessors,
even though the law provides that
"patent shall Issue lit the reipiest
of the tiorvernof." Construing the
law liberally he says that w hen t ho
stale disposed of these lands the
slate was bound In eipilly to pro
tect the rights of its grantee and
moreover that they had perfect right
: v;
' ' 1 V."
,V. . . v j -
MR. REED SM00T OF UTAH.
Mr. Itfl Huiottt, wlinm ambition to sit In the l'nltf-d StHten iicnate as mpm
hcr from t'tih evoked a prntt-Nt from the administration. Is one of the twclre
apoxtlen at tht lioml of affatri In the Mormon church. lie Is nut a polygamlat,
however. Mr. Kmoot In a piomliient hanker of Suit Ijike City.
to ask on their ow n Is half that the
patent sho.ild Issue to the state In
order that the transfer might In
completed under the terms of the
original grant.
The fact that t'liamls-rlalu Is now
(iovernordiM-s not give him the right the land or to pay for t he improve
to Ignore or i iilllfy it:-. . I. '-vide meats which the set t lers have made
by his predecessor la ollice nor diss upon It, hut the livestock company
It give him t he right to pass up. m has st outly maintained for 1'U years
the equities of such contracts when thatthetract in question w asswanip
the state has signed away Its title laud, and that the settlers had no
nml has received and ret allied com- right to it under ot her acts."
H-nsatlon for such surrender.
i.o,;1.iNs.m r. .. i noii Fiuviis. j Farewell Party.
"In the view of Hie department. Last Friday evening was the scene
the request ..f i he liovcrnor that o f" very pleasant cveiiing-scntertain-patent
Is- issued Is not essentlaU here "t '!'" Xicker-
the record shows that the state has -"' 'n the north end .f tow n. The
accei-ted the grant and has disposed , ! was given In honor of Miss
of all Its Interest In the particular ; Lallle Ilrown who has since departed
lands Involved." Is the way the ,lt.. i for her future home In Warner Valley,
clslon reads. "If a request U news- j Iuvltntlons were Issued on Wed nes-
sary, It Is held that by Its grant f
the laud the state but authorizes its
grantee to make such request In its
ls-half. Here, however, there Is a
formal request by the Governor
(Oovernor Lord), which Initiated
the proceedings that resulted In the
decision of March , 1903, and Issuance
of a patent Is the natural and neces
sary sequence of that decision."
"I think that the decision of the
Acting Secretary of the Interior De
partment will not end the litigation,"
Bald Oovernor Chamberlain last even
ing. "I believe that an effort can
till be made by the settlers to cancel
the patent. It Is doubtless ended so
far oa the Interior Department Is
concerned, but a court of equity
would havejurlsdlctlon to cancel the
patent. I have refused to sanction
the Issuance of the patent aud I will
do so until the matter is more fully
Investigated. Hermann decided lu
favor of the settlers, but the Interior
Department has decided In favor of
the livestock company."
Ilcportshave repeatedly come from
Warner Valley, Lake County, to the
ffect that tight tag was going on be-
twecn the settlers on the land lu litl-, at the same time avoid unnecessary
gatlon and the employes of the War-'expense. The ladles will haye pre
ner Livestock Company. Tales of ( pared an excellent dinner In the b.in
sett lers burning over theground they Iquet room of the Masonic Hall and
had Improved ha ve also frequently j nil those who assist lu the 'work at
come from LakeConntv. These have the cemetery will be Invited to be lu
been denied by the representatives of
v. .
t.i, If
' - - - '
the Warner Llvesttck Cimpany, who
say that the company Is willing to
do everything In Justice for the set
Hers who took up the land under
the homestead and pr.-cmptlon claim
nets. The company Is willing to sell
; hiy to s.-ventHMi ot our young peo-
pie and by eight o'clock on the
evening of the L'.'tth everyone was
present and proceeded at one to
enjoy themselves. Dancing, games
and various other amusements were
Indulged lu until a late hour when
refreshments were served. Those
present were:
The Misses Jean and Fannie Ton
nlngsen, Anna and Gertie Schlagel,
Nellie Simpson, Ella Jones, Lallle
Brown, Bertha and Mabel Nlckerson,
Messrs Fred Reynolds, Clarence Sni
der, Harvey Colvln, Willie Boyd,
Johnny Boyd, George Chandler,
D wight Johnson and James Max
well. The ladles of the Cemetery Com
mittee are doing everything In their
power to swell the fund for the im
provement of the cemetery north ot
town and more Interest should be
taken in this most laudable under
taking. There Is a movement on
foot now to have all those Interested
In the Improvement of the grounds
to lie on hand on Friday morning to
do w hat they can to put the ccme-
! tcry in a presentable condition, and
attendance at the spread.
TO RECLAIH
12,057 ACRES
Portland Irrigation Company to
Store Water in Chewaucan to
Irrigate Land at Paisley.
The State Urn! Board has entered
Into a contract with the Portland
Irrigation Company, of which Edwin
Mays, of Portland, Is president, and
C. If. Ball secretary, for the reclama
tion of a tract of 12,057 acres of arid
land In LakeCounty. The estimated
cost of reclaiming the land Is $LV),o:iO
or a trifle over $12.45 per acre. The
annual cost of maintenance Is placed
at $1.50 per acre per year.
The tract ot iand covered by this
contract lies In a rather compact form,
bordering on the marsh land north
west of Chewaucan Lake. The Irri
gation company proposes to secure
Its water for Irrigation purposes
by constructing a number of reser
voirs which will hold the surplus
waters of theChewaucan Creek In the
Spring. The water will beconducted
around the hind in large canals and
distributed lu smaller laterals.
This contract has lieen entered Into
under the terms of the urld land law
passed by the legislature of l'JOl, for
the purpose of accepting the provi
sions of the Carey law, an act by
which the United States Government
gives to the state l.UOO.OOO acres of
arid land whenever the land has been
reclaimed. According to the terms
of the contract, the Portland Irri
gation Company must reclaim thn
land at its own exjteuse, and secure
the return of Its money through sales
of the land.
The company holds a lien for .150,
HHi on the land, and purchasers are
required to pay off the lien on the
subdivision they may w ish to pur
chase. The company has the privi
lege of charging settlers $1.50 ierncre
Iter year for furnishing w ater.
This is the only large arid land
contract the State Laud Board has
executed for abcut a year. The
paiers have Iteen filed lu the Lake
view Land Office and forw arded to
the Department of the Interlon for
the approval of Secretary Hitchcock.
S. V. Kehart's buildiug opposite
Hotel Iakeview, Is undergoing Im
provements this week. When first
built. It was thought the building
would furnish ample room for all
kinds of office work but It has since
been found too email and an addition
of eight feet is being added to the en
tire length of the building at the
rear. Mr. Itehart will furnish an
office for hla own use adjoining that
of Chas. Umback. The addition will
undoubtedly prove highly beneficial
to those who occupy the building be
sides adding to the appearance of the
building Itself. Jim Handley is do
ing the work and it ts progressing
rapidly.
The terrible fire on the lower Che
waucan Marsh broke out afresh on Wed
nesday last and about 20 men immed
iately left town to fight the flames. By
Friday noon they had things well under
control and as a strict watch has since
been kept, it is not at all likely that it
will again break out. lleryford Bros,
lost about 11 stacks and 7000 tons of
bundled hay and the Company
about the name amount. lirattain
Bros, lost about 150 tous. Tho total
loss is estimated at about f.'W.OOO. The
marsh will bo practically useless for
several years to come.