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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Oct. 8, 1903)
VOL. XXIV. LAKKVIHW, LAKE COUNTY, OREGON, THURSDAY, OCT.8, 19Q3. NO. 10. TEACHERS' INSTITUTE. DE LANEY IS WRONG. Editor of Plaindealer says Some one has riven DeLaney a fill Regarding: the Massacre 'J NEW TAX LAW IS VOID It I Claimed that No Taxes Can lie Collected Under Levy Hade Ily Assessors 1 Ills Year. "Accordingly, i' Hiilitiilt tlutt I In -IV I'ili lie Ho levy of tnM'H III Jan uary, I'.hiI, mid Hint tli' assessment roll now being prepared cannot be used as a IhimIh for t he levy and col lect lull III taxes." "There can Is iim levy In llHil iimiii imy assessment iiiiiiIi' In I'.NKI." " It may, and doubtless will, is urged tlmt such a construction will have the effect of preventing a tax levy nr I In collection of taxes (ur tin' year I'.m.'l, mid that It In Inconceiv able that tin- legislature hml any such Intent Ion, and also that the law should In- riitiHtrtii'il that such ii p'Htilt would Im avoided." Tin' foregoing art' excerpts from tin- brief which wim wnt to tin' tiiiviiii ronrt at Salriu today ly i-otiiiscl fur the respondent ilaliitirf In tln ltm.'l tax law ti'Mt caw. It 'oiit.'iili' that, wliII.- tln usual rule if Interpretation olitaliiN an to keep ing In mind Intent on the part of the legislature, It Im not coinpeteiit for a court to do violence to the language if the statute, and that, therefore, InaHiiuich iim the l'.Mi:! law n-enls the former law, ami Ik effective January I. 1 :hU . It iiwikeH void the work of Msscsiuent done during I'Mf.l " the I uxlri of the llK'l levy and collection. KKVIsloN I ONS I I I TTCH VIII'l l Al. ICK I'KAI.. The vlrlual point III the caw In t hat In enacting a law al the loul legislature for the revision of the I II I l HI II Mil nsSCSSIIICIlt laW, lIlN'M ir iIoch not t he rcvlsloiinry law re peal the provisions of the oi law not referred to Iii thenewcrstatutes'.' Respondents rivltc the cane of Smith vm. Kelly, 24 Oregon, 47.1, In which It whh held: "It In a general rule that, uuIchh reserved, tde repeal of a special tax la w dent roys t he remedy for enforc lug the collection of the tax; lmt when a tax system Ih revised, and the former law re pen led, the legllsln live Intent Ih assumed to Im of prim lcct Ive force only, and hence prior valid aMHCHHiuctittf will not Ih affect d liy hucIi rtiMal. "It Ih clear lMyoml question that ( ho law of 11H)8 Ih to go into effect on January 1, 1004. The legislature said no, and manifested ho Intended. This being settled, the only question remaining, as It seems to uh, Ih om to whether both the act of 1003 and the sections of the-code which were In force Isidore ItH passage, can be In force concurrently. Wo have neen that they cannot. So much of the original Hcetlous of Bellinger and Cotton's code an Ih not embodied In t he act of lOtKl Ih to be denicd, after January 1- 1004, an If it had never existed. "Under the law now In force, can these proceedings Initiated under that law, be curried to u conclusion before January 1, I'.MII, when the new law taken effect? They cannot. An effective and vital hIcji In tax pro ciH'dliiKH Ih the levy. IW-fore a levy can be made upon the usiessment roll now lielng prepared, th present law wll llo dead. Oregon Journal. Dr. (1. W. Stephenson's wife and hoii, Orvln, arrived laBt Friday from Flora, Wlllowacouuty and will reside hero permanently at the Schtnlnek residence on South Water Street. State Superintendent Atkerman (Jive Instructive Lectures Much Interest Is Shown. Oct. 1, l!HI.'t liiMtltuU opened with the following teachers present: Flora I'.loiigh, illlbert I). Brown, lllli t nllahnii. Mrs. T. Cloud, I'earl Hall, '. I.. Converse, W. II. Flutter, II. C. Fleiuiiilng, Winifred Flcinmlng, Mrs. Hlgby, ArleC. Hampton, Fthel Newell, Jennie Sands, Myrtle Smith, Mr. Win. Vnllainllghain. Mrs. Val luinllghnm, ertrude Vernon, Inez Wheeler, Jennie Maxwell and Mr. J. tj. WlllltH. i:4." "Reading In Primary Divi sion" wan very ably presented by Arte Hampton, following which, won a discussion of the subject by the teacher. 10.4.. "Arithmetic In Inter dlato Division" ivim Introduced by Miss t'allahan. Her work wan well pre pared showing hIii uuderHlood the Hiibject III liaud and bad a thorough knowledge of the coIIThc laid down by the ntate board. AKTKIINOON HKMMI.IN. I iiHtltute Convened at l .'M. "I'rluiary Langungi" wan Introduc ed by MIhh Hall and her clou of prim ary puplln. After a hhort lutenuUHion MIhh SiiiiiIm prHc!itcd the Hiiliect of "ieo griiphy In Intermediate IMvIhIoii." TIiim Hiiliject wan thoroughly treateil by meaiiM of an outllneon the boanl. The matiiierand Htyle of prcHcntatlou Hhowed the elliclelicy of the teacher. The evening hchmIoii whh held at the opera Imune at x:'-W p. in. The orchi'Htra favored the audience with wveral HclcctloiiH, after which. Mr. Ackeriiinu Iirtiired on "The Trend; What Im 1 1?" The central thought portrayed whh, that the practical Hide of oiireducationiH being neglect ed for the culture Hide. MOMMMI HKHHIoN KHIIIAY CMT. 2. A Iter the opening exerclKcH Mr. Ack ermau aiblrcHHed the teachern on "(ieography In IntermedlAte Dlvl hIoii." IntermlHHloii won followed by MIhh Illough'H paperon "Literature In our I'ubllc SchoolH." MIhh Itlough'n pleanaut delivery and diction left a favorable ImprcMHlon. "Advanced IU'adlng" wan then treated by Mr. Ackerman In a way that was beneficial to both primary and advanced teachern. AKTEKNOON HKHHION. 1:30 Opening ExerclHo Singing. 1:40 "A Program for Rural SchoolM" wan placed ou the board and explained to the teachern. Une ful BuggcHtlon, for combining rcclta tloiiH, were made by Mr. Ackerman. At 2:45 Mr. Ackerman npoke on The "Importance of Little Thlngn." He mild, among other thlngn: "Tea chern, our failuren and HucceHH(H are ilue not ho much to large thing an attention or nou-attentlon to little thlngH. Teachern nhould alwayn keep their dOHkn In order. Outwlde of one thing nothing Ih more Import ant than order. He on time. There In much trouble in the world becaune people do not keep their appoint- inentn. A teacher nhould always be curef ul of the "Little Thlngn" because the boys and glrln une hliu an a model." "To the Young People: As you go out into the world It Is the "Little Things" that last. Lotus bo able to master those "Little Things" to tho I '.V; : .; ..'-.v "A , - - n fi. I 2ft:. .J K I "".Li " 'v "" - ' ' i .z-r. ' ,' . . :- SECRETARY JOHN HAY'S WASHINGTON HOME. One of the (Incut and moot coiipiiIcuous private residences in Washington la the bourn of the Mecrctiiry of ntnte. It is a big. Imposing looking mansion from the exterior and l furulNhed elalMjratcly and with excellent taste. Just at tikis st-asou tb Hay tiuiue Is the scene of frequent social functions. lx'Mt advantage. It In the combina tion of "Little ThlngH" that makes the man." We how a i:!a:i'V Ami reap a thought; Sow a thought I'.eap an action: Sow an act ion Heap a habit; Suw a habit Keap a destiny'." Fvelilllg SchhIoii Oct. VDO p. III. A good audience UHM'tiibleil to hear Mr. Ackeriuau'H lecture on "How Shall We Hold the Hoys?" Many awoke to the realization that we are not doing all we should to hold our boys In hcIiooI. MOUMMI HKHHION CHT.fl. Saturday morning the practical work In grammar aud arithmetic kept the teachers awake and vigilant, Iu coiicIuhIoii, Mr. Ackerman said: "In all work let power be developed among the puplln." AKTKKNOON HKHHION OIT.3. 1:30 Iu taking up the work of his tory, Mr. Ackerman used the teachers as a class to show his' method In conducting a Hlntory recitation. Just before adjourning, "Oregon, My Oregon" and "America" were sung In farewell to the Institute of 1003. Congress Must Convens. A good deal of pressure has been brought to bear on the President to Induce hlin to call Congress Into ex traordinary session in November, but to all callers who have spoken to him In that vela, he has said this government Is commit ted to the pro position that the Cuban reciprocity treaty lie made effective at tho earl iest posnlble date, and he regards It an a matter of good faith that thin country should keep Itn word. He has declined, theretore, to consider any proposition looking to the aban donment of the Idea of au extraordi nary session. Ed. Tatro has moved his family Into town from the ranch at Cotton wood for tho winter, for the purpose of schooling his chlldreu. They will occupy tho Peacock residence In North Lakeview. - --' J ft 1 ?. f3 3 Divorce Law is Valid. The Supreme Court has sustained the validity of the state divorce luw. which provides that a decree of di vorce shall Is an Interlocutory one, which shall not liecome absolute until a yea rafter it has been grnnted The question In one of great Interest. Involving many caws In which Jud gen of Supreme Courts have Ignored the law, which was recently enacted, and have granted final decrees, at the same time expressing their belief that the legislative act was unconsti tutional. In view of these Judicial opinions several marriages of divorc ed persons have already taken place within the prescrllsHl time. By the decision, however, these are, In effect, declared null and void. The case on which the Supreme Court passed was that of F. E. Bedoye vs. the Superior Court of Mendocino County, and was an ap peal for a writ of inundate to compel the J udge to grant a final Instead of an Interlocutory decree. In refusing to grant the writ, the court fully sustains the existing law on the sub ject. Town Council. A regular meeting of the town council was held Tuesday, Oct. 6th with Chairman X. Arxner acting as Mayor. Tho report of Civil Engineer Geo. S. Nickerson was examined and placed on file to await the action of the new council to be elected next mouth. In Mr. Nickerson's report on the Anthony electric light plant It was found that tho power (SO-horse) would be amply sufllclent, but that the dynamo was hardly strong enough to do the required work. Until a full attendance of otllcers can bo had nothing further will be done In the matter. No further business being ou hand the council adjourned. J. A. Bleu, the mouuiueut dealer of Ashland and J. W. Jacobs, a cousin of O. W Jacobs of Adel, who have been doing business In Surprise Valloy, passed through town Sunday enroute to Ashland. Two weeks ago The Examiner copied from the Portland Journal "The Ben Wright Massacre" written by Paul I)e Laney, which causes the Alturas Plaindealer to give another version of the bloody fight. The Plaindealer says: Somebody has surely leen "stuff ing" DeLaney. The latter says It was Mose Hart of Malheur county. I'ut the utter absurdity of arming Ben Wright's men with Winchester rifles should have warned our friend of the hoax, as Winchesters were un heard of until 12 Tears later. The old Henry rifle, the forerunner of the Winchester was not placed In the hands of our soldiers until late In 1S63. The true story of the "Ben Wright massacre," as some have been pleas ed to term It, and as detailed to us by Frank Riddle, one of Wright's men, was in substance as follows: It must lie remembered that the Modoc Indians in 1S.'0 and In 1801 hud committed all'klnds of atrocities upon the immigrants. Almost hundreds had been massacred. Col. Ross in 1850 had arrived from Jacksonville with a company of miners In time to bury 100 men, women and children. He remained In the country until the remainder had passed safely through the Modoc country. The next year John F. Miller arrived at Bloody Point on Tule Luke just in time to save a large train that was surrounded and and would most certainly have perished but for his timely arrival. The Indians were fiercely attacked and severely punished. Many were killed and the remainder chased Into the lava beds where they were safe from pursuit. He also captured a good many of their women and children. These were held until the Immigrants passed when they were turned loose. In the fall of 1S52 news was receiv ed at Yreka that a large Immigra tion was coming. Knowing the danger, Ben Wright organized a company of 32 men. They were well armed with rifles and revolvers. He proceeded to the Modoc country and escorted the immigrants safely through. The lesson taught the year before by Miller and his men had had Its effect. The Indians came in and proposed a treaty. Ben Wright was then encamped at the Peninsula. The Indians were feasted on an ox that Wright had purchased from the immigrants. They told Wright that they had two captive white girls which they would surrender as soon as they could be brought in. Several days were spent In waiting when Wright moved his camp to Lost River, near where Merrill now stuuds. Tho Indians accompanied hliu aud camped close by. Days of waiting occurred, the Indians all the time protesting good faith. But Wright and his men had noticed that the Indians were In creasing In numtters. One morning he told his men that they were trap ped. He bid them get ready, and at a signal they were to fire their rifles and charge with revolvers. He told his men that he was going to the Indian camp, would demand of the (concluded on fourth page)