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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-
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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.