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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Oct. 15, 1903)
.7 -j- .V i 3 Sf'l VOL. XXIV. LAKKVIICW, LAKK COUNTV, OIlhUON, THURSDAY, OCT. 1.5, llXXi. NO. 41. ft mmdrfl ant L n u n INPORTANT DECISION. OutslJo Clerks and CommUsion cru Not Allowed To Take Proofs In This DUlrkt. i Tin' follow lug letter has Ih-cii re- leelvcl l.v I ln 1,iKi'vli'W IhihI olllce: i Washington. Oi-IiiImt I'.HI.I. c, i. 't Ki kUIi t iiiul Ktt''lvi-r, r! Lnkcvlew, ( iregoti. I la-tiii'ii : f I am In receipt, of your letter of I I September 4. IIHCI, In willed you Mate Hint you have notified several I United Mates eoiiiinlMHloiii'rM ninl ' Annuity clerks that your office will ! refuse to accept aUldnvlts ami filings, V $ nffn ting lands In your district, f l made In Crook County, except that - Mill will accept affidavits from sued ' 4 officers residing lii thai county for sued of tdc lamlM of Mali) county im He In your district. You iiImo trans mit a letter liy J. M. Lawrence, t'nltcdNtnlcN Commissioner at Item, Oregon, willed In wltlilu Tdo Dalles land district, complaining tdat you In not allow dim to take proof officially In your district. It may 1m slated here that Crook 4 'utility Im shown liy the records to lie partly wltlilu The I mile lain) dis trict and partly w ithin the Lakcvlcw laiul illnt rlet , a'ml. iih before stated, I hat Ileml Ih In Crook County, tint In Tin- Dalles himl illHtrlet. The net of May 1.N, IsM. (29 Stat., IM I provides: "That It Mdall Ih- the duty of the llHtrlrl court of each Judicial iIIm trlct, to appoint such a number of persons, to Im known iih United St a ten CoiilllllHMlutierN.Hf such duces In tin' district an may le designated by I he dlst rlct court, which Culled State commissioners shall have the iime powern and perform the same iIiiIIi'h on mi' now imposed upon the I'ommlNMloiierH of the circuit court." This act wax amended by the act of March 2. l!Hl (.'11 Stat., '.(Mil. but the amendment doc not appear material to t his cane. Section -Lit I, an reenactc' by the act of March II. WJ .'!2 Stat., 11.1), provldi'H that: "Hereafter all proofs, affidavits Mini oatliH of any kind whatHiN'Ver, ri'iulred to lie inade of applicants and elitryinell, under the hoineHtead, i ii't'-eui it i hi, tlmlicr eultlire, desert laud and llmlier and HtuneactH, may, in addition to tin me now authorized to take such alllduvitri, proofH ami utt Iih, he made Is'foru any United Stati'M CoiumlMHloner or CoiiiiiiIk sloncr of the court exercising federal JurlHiIietliui lu the territory, or lie foro the Jud1 or clerk of nny court of rword In tin' html district In which the lands tin' sit tinted, pro vided that In cane the nllldavltw, proofrt and oatlm herelnliefore mentioned, tio taken out of the coun ty In willed the laud In liK-ated, the npplluant taunt nhow, hy atlldavlU Hat lHfactory to the CommlHMloner of tdu General Land Olllce, that it wan tHkeu before tdu iieareHt or moHt mcceHHible ofllcer (jualltled to take Htich nffldavltri, jiroofH and oatdn In thn lind districts In which the lands Mpdlod for tin lucutcd; but sued Mliowlritf, by afllduvltH, ihhhI not be made In makliiK final proof If the proof bo taken In tdu town or city where the uewnpaper Ih publlwhed In willed the final proof notice Ih printed." Tho ItalleH In tdu quotations above nro mine. It will bo wen, however, tdat neither act contcmplnteH or KiitliorUcH action by a United Staten CommlHHlouer, of the character mentioned, outHldo of tho laud din IrlctH In wdlcd tdo land aro located. Your action, therefore, wan erron- coiih, lu that yoti allowed a United StatoH CoinmlHHlonor and county I clerk having olllceM out of your illM trlct, to take proof for html within I he iIImI rlct. lull pinion of IIiIh olllce the Htattltc iIimm not (lilt holl.e either a C. N. CoiumlMHloner or a County clerk to take proofs and I nllldnvIlM In laud mat tern outMlde of t he laud IImI rlct In which tin laud, to which the proof and allidavltM relate, Unlimited. You Mhould have mo held, and are biHtructed to follow tliU direction lu all ciiMeH. Very reMjM-t fully , J. H. I'IMI'I.K AMMlHtant CoiumlMHloner. Circuit Court. It. L. iWXSOX. J mix. An adjourned term of tho Circuit Court wom called WedneHday morn IliK by Circuit Judto !! 1- ItetiHon, and there U-Iiik no comcm to come up for the adjourned term tho docket for the regular term, which convene next Monday, wan read uuddlMpoHed of IIH folloWN: (KIM IN A I. ArthM. State of Oregon vh. Win. CdllderM, Information for forgery. Stt of Oregon vm. A. L. Howell, Information for moving ileeeuv-d Hheep without traveling permit. Jt ltV CAMKM. JatneM Harry vh. Hugh A hern. To recover poHMCMMlon of MrMonal prop erty. Trial net for regular term. (eo. Conn vm. It. Itaudoiit' and Harriett Random. Action tn nwver money. IMHinlnHed by plaintiff. II. 1'. Kniuett ninl J. J. Kenny vm. Jim AmbroMe. Action to recover pOHMCMHlol) Of MTH0IIU1 prOMTtV, 1U- mlMMed by plaint iff. S. T. Colvln vm. T. W. Koln-rtM and it. II. Ilewett. Action to rtrover money. 1IhiiiIhhi'i1 by I'lalntlff. State of Oregon vm. O. K.Charlton, adiiilnUt rator ICHtate lleujamin Warner. deceiiHed. Information. To be heard on objection to confirma tion of Male. Trial to In' heard tit regular term. KIJI'ITY IWMKH. Florence V. lloyd vm. John C. Applewhite. To determine adverne claim to real proierty. Continued to regular term. I'rank I. IlowerM vm. John O. 1 5 nil. Injunction. I'iimhciI, tobeMiibmltted. .1. l'"rankel vm. John Watt. To fiirccloHC mortgage. IMault, and decree granted. Annie C. Hough vm. S. A. 1. Por ter. I njiinct Ion. To be heard at n-gular term. HclMTca Jeffn-yn vm. Dave Jeffrey, Plvoree. PaMneil. Alice N. Irvln vh. Henry C. Irvln. Pefault entered. Kllen JoneM vh. Warren Laird. Injunction. Demurrer to complaint Htibmltted without argument. T. J. Itrattaln vs. Oeo. and Maggie Conn. Injunction. Date not Bet for trial. Almon N. Iipdani vh. Anutu A. Lnpdani. Divorce. Default entered. It. L. SherliK-k vh. Anneta Sherlock. Divorce. Date not et for trial. N. I). AM.lel vh. Kdltd J. A 8 del. Divorce. Service Incomplete. Lydlo M. Smith vh. Hohco li. Smith. Divorce. Service Incomplete. Tho Lakevlow Agricultural AsbocU atlon hold a meeting on Monday afternoon to iIIhcuhm the quentlou of building HtableH for tho Lake view race courno. It was decided to have a number of HtallH fitted up in good tiliapo If lumber could ponnlbly bo procured in time. If new building material cannot Imj obtained, old lumber will be used and etalln put in for tdo coming meet next month. . -V, ... .. ' .. .. . - ... ... - rr.?- I f. I V'V x-. r- r J Y HERBERT W. BOWEN, TO WHOM VENEZUELANS HAVE PINNED THEIR FAITH. Venezuelan, neem to plnce the utmot confidence In the ability of Herbert W. Itowen, Unlteil States mlnlnter to that republic, to untangle the interna tional muirl Into which they have been plunged. MlnUter Uowen is now In Washington, where ho In repreMontini? Venezuela on the Joint commission ap pointed to arbitrate the terms of settlement of the various claims against the Castro ifivernincnt. When he Irft Caracas on Jan. 11. be was given an enthn l.vtic "MfudoiT" by the bulling oRlcluls and citizens of the Venezuelan capital. May Soon Be Captured. Harry Kgbert, the desperado who killed John !. Saxton a prominent attorney of iturtiM and Jack Went a riincher at Wild Horse Valley on Octols-r 1'itli and then CHcapcd iktomm the Nevada line, Is still at large but 1m known to lie within a few miles of Wlnnemucca, on a Jaded horse mid out of food supplies. HIm capture Im looked for almost any time. Saxton had been sent out an a siMi'lnl lieputy Sheriff to arrcHt Kgliert m a cdargi of burglary cmu- niltted In Douglas county Mcvcral months ago. UgU'rt had once Ui'ti anvsted by Saxtou, but gave him the slip and eluded t he otlicer from September 1T to October 4, on which day at neon Saxton and Jack West came up with him at the ranch house of Charles 1'leldM, In Wild Horse Valley, UK iuIIch south of llurtm. Kgbert and IiIh wife were at the house alone and an the two men approached Egtiert ojiened fire from lK'hlnd the corner of tho building. West was shot in the back and died in a short time. After this Egbert went Into the house through a window nnd Snxton entered through a door. Egbert's wife had fled and what nappened Is told from the appearance of things after tho carnage. Egbert had a rifle and Snxton a revolver, and with these weapons tho men fired at each other through a thin board partition. Saxton was Bhot through tho right shoulder, but kept up the battle, using his left hand to work tho weapon. Egbert fled to the upper story, and West seemed to have culled Saxton from tho house to bring him wuter. Saxtou seems to have gono twice to a spring and as he turned awny from West, was shot from tho tipper part of tho house, us tho fatal bullet ranged downward through tho center of tho breast. No autopsy or inquest has yet beeu held. West's body was kept at Wild Horse for burial. Egls-rt went on foot to the ranch of Melbin Voane, five miles from the scene of the shooting, and demanded a horse to ride. This was refused him, and lie took what he wanted nt the muzzle of the gun and rode away. Land Office Appointments. A private telegram to L. V. Conn Tuesday afternoon conveyed the in formation that J. X. Watson and C. U. Snider had that day ln-en ap pointed Register and Receiver of the Lakevlow Land Office, to fill the vacancy by the terms of K. M. Iirat tnin and Harry Itailey, the pivsenf IncumlH'nts, which expired some time ago. Messers Watson and Snider will no doubt lie Installed as soon as their bonds can lie tiled and approved. These appointments have been an ticipated for some time passed, and it was only two weeks ago that their reccomendation by the Oregon Dele gation, was published in The Exami ner. Tho records and qualifications of these gentlemen are too well known to be espoulsed at this time. Suffice It to say, that their reccomendation by the delegation and the subse quent appointment by the President, is sufficient evidence of their fitness and ability for this important posi tion. No doubt they will give satis faction, and The Examiner congratu lates the gentlemen on their success. J. W. Biggs and wife of Burns ac companied by John T. Whistler who was enroute to Klamath Falls were In town Saturday. Mr. Whist ler has Just made a complete investi gation of a proposed lrragtlon re servoir near Burns, which will store and utilize the water of Silvles river and a body of land consisting of from 150,000 to 200,000 acres can lie brought under cultivation If the re servoir is built NEW FLAW IN TAX LAW Last Legislature Passed Two Con flicting Amendments to Act. Extra Session at Salem. The failure of the last legislature to make provision for the levy and collifction of the taxes assessed In 190.1 daw already made It neceHsary to invoke the aid of tde supremo court and may result in a special session of tde legislature, says the Portland Journal. The blunder Is likely to be costly for a special ses sion probably would Involve an ex penditure of at least $15,000 and possibly considerable more. But this was not the only mistake made by the legislature of 1903 In tinkering with the tax law. One section of that law was amended twice during the session, the amend ments being directly at variance. The old law provides that on or be fore February 1 of each year each school district, city and town should notify the county clerk of the rate per cent of the tax levy fixed by It. By an act, which passed the legisla ture February 9 and was approved February 12, 1903 (p. 23. L. of 1903), this section 1 3.098) was amended so as to require this notice to be given to the county clerk on or before Jan uary 1 of each year. Eight days later another act (p.25, L. of 1903) was passed, again amending this section so as to require the notice to be given on or before September 1 of each year. This second amendment was approved February 24, but does not take effect until January 1, 1904. The general rule that the latest act Is to tie taken as embodying the legislature's Intent would doubtless be applied In this case, but even so, It might not remove all ambiguity, for some lawyers are of the opinion tdat a doubt would still exist as to the time when the levy of such public corporations as the Port of Port land is to Ih? communicated to the county clerk. The first amendatory act directed tdat such public corpor ations should report their levy by January 1. The second amendatory act omits all reference to them. Those wdo would solve tde legal tangle in which the tax laws have liecome Involved, by tryiug to ascer tain tde legislature's Intent, would apparently need extraordinary pow ers of divination. Tde belief Is gain ing ground tdat an extra session will be Inevitable if serious confusion, Is to be avoided. Rehearing Denied. A rehearing In the case of the State vs. Nellon was denied in the Supreme Court at Salem on October 6th. This case came up at the May term of circuit court In 1901, and the case was set for' trial at the following term In Octol?r. The Jury disagreed and a new trial was granted at the term following, when A. J. Nellon was convicted of embezzellng 3,000 of the county's funds while tax col lector and sheriff of Lake county. The case was appealed and tho Su preme Court affirmed the lower courts decision ou July 28,1903. A motion was at that time filed for a new trial with tho above results. Tdo sentence pronounced upon him Is Imprisonment in tdo penitentiary for tour years and a fluo of $0,000. Tho caso of the State vs. Neilon'a bondsmen will be decided before tha Supreme Court ou October 20 th.