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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Nov. 26, 1903)
LAKKVIKW, LAKE COUNTY, OREGON, THURSDAY, NOV. 26, 1903.
Phillip harry Ji. fields Revolver
With fatal Result at Plush
Puncral Mere Yesterday.
Phillip Harry Jr., In a drunken fit,
Mltot iukI fatally wounded Timothy
Ahem at Plush, HiIm county, last
Saturday evening iM-twi-cn fi ami 0
o'clin-k. Tin shooting incurred In
tlx street near the store and sa
loon conducted by Willis Scaminon,
In-twecn dunk nml ilark. The par
tlrularH of the fatal affray an linnl
to get and many different storlin
toll. Hy the information Klven"The
Examiner, It npin-ars that after
drinking ami caroimliik-ln tli saloon
where kuiih were much In vlltii,
four men, Phillip Harry, Nick Harry
Win. Lam ami Tim A hern emerged
nml wt'iit ilitwn to a hitching rack,
where their horses stood. Thill!))
Harry mounted hU horse ami rude
up to within 2 or .') feet of Mck
Harry ami Tim A hem ami flrel his
pistol, the Itullet taking effect In
Tim Aheru'M neck near tin jugular
vein, ami running downward, lodg
ed In the vertelinu- and crushed tho
spinal t urd. Hoth Nick Harry ami
Win. I.ane ran. Willi Scainiiiuii
hearing the Mhot, ran out of 11 corral
near by and Krahtn-d the gun as Har
ry started to ride away, and In the
MCUllle It WliM dlm'hntKed, the lillllet
passing under mammon's arm.
Ncnmmon told Harry to consider
liliiiHelf umler arrest, but he rode
uwny ami dlnnpeurcd In the dark
iii'mh. Ah he did h, Ncniiiiuuii dls-
elutrged t he gun lu the air In an en
deavor to Stop 1 1 1 1 1 1 .
A hern wiim carried to the Seain
uiun home nml every thing dune fur
lilm that could be dune, but he only
lived until 11 o'clock that night. He
jinked Mr. Seaiuiuun If he was badly
hurt ami she told lilm she thought
not fatally. He wan linked what
physician he wIhIici! an he replied
I Mat he wanted Dr. Stclncr. Harry
Itlggs wan dispatched at once, arriv
ing at I.akev lew at 1' u. in , over 40
inlli'H In a rain storm and bad roadH.
Ir. Stclner, accompanied by Dan
Maluy started without delay, but
when nearly there met a nicnncnger
eomlng for the coroner. Coroner
) la rrln accompanied by Hev. J. It.
stark Htarted early Monday morning
fur I'IiihIi. The verdict of the Jury Ih
;is fol Iowh;
COIIONKU'h Jt'HY VKItlUCT.
We, the Jurors called by Coroner,
F. 10. HarrlH, to enquire Into the
valine of the death of Tlnioth A hern,
find that the Maid Timothy A hern
met bin death from a pistol idiot
Hred by the hand of Phillip Harry Jr.
at I'IiihIi, on Nov. 21, liHKJ.
.1. Jl. Stark, Foreman.
David A Clelaml
M. Jl. Caldwell
W. P. Overton
Phillip Harry rode to Lakevlew
Monday and wiw taken In charge by
Sheriff Duuluji ami lodged In the
county Jail to await a preliminary
The coroner returned Tuesday
evening with the corpHO which was
placed lu charge of the FoiTCHtem
Lodge, of which the deceased was a
ineuiber. The funeral took place
yeHterdny at two o'clock under the
aunplces of this Lodge from the Ma
hoiiIc hall, and a large number of
friends ami acquaintances followed
1 he remains to the cemetery.
Timothy A horn Is a native of Ire
land, and was bora February 14th
Governor Chamberlain Was Issued a Call Convening
the Oregon Legislature in Special Session
Two Senators Must be Elected First.
SALEM, Or., Nov, 21. Governor Waned, Klamath and Lake for a suc
4 'hamtMrlaln thin morning ImmikmI a J ceHHor to Representative In Congress
call to the inemlM-rH of the leglnht-iJ. N. WllllauiHon. Hoth vacancies
tlve AHKeinbly of the Kt ate of Oregon, j nrn In tln State Senate.
commanding them to nn-et at the
Capitol building In tlilnclty on Mon
day, December:.'!. liXKI, for the pur
pone of convening an extraordinary
HeMMluit of the legislature to enact a
law to provide for the levy of taxen
on t hu iiNHCHHinent rollM for the year
The ( iovernor iiImo IhhuoiI wlts of
election to the Sheriffs of Klamath,
Lake, Crook and (irant CouutleH for
holding ii special election to choose
a Senator to fill the vacancy c a lined
by the resignation of J. N. William
Hon, and to the Sheriff of Clatsop
County to hold a special election to
fill the vacancy In the Senate canned
by the rcnignatloii of C. W. Fulton.
The eleclloiiH will In held on Wed
nenday, Ihf. Kith. Not very much
time Ih allowed fur making noinlua
tloim, and culinlderable lenn time In
allowed to get to Salem after elec
tion, lief ore the call wan Innncd
tin re were many HtiriulneH an to
what the (iovernor would do. The
following may Is of Interent:
Democrats and KcpuhllcatiH exjHTt
that (iovernor Chamberlain will call
an extra hchhIoii of the legislature
In a few dayn; iM-rhnps next Mon
day if he wIhIich the law inakern to
meet iM-fotv Chrlntman, hu.vh the Ore
goulnu. Several of hin clone Demo
cratic followers are impatient lent he
may ln delaying ton long. One of
them promised yenterday to urge up
on him the need of Immediate action,
It in generally believed that llln
Excellency will Interpret ii majority
of the lawmakers an meaning that
they will oppone any legislation oth
er than that rclatlngto tax iiiattern,
even though they decline to bind
thcinnclvcH to that effect. The (iov
ernor has said that he docn not
wlnh to net a "pledge" from them;
only an annurance.
IIOVF.ltNolt Ml'HT llliltltY.
The (Iovernor must hurry If lie
would have the extra hcshIoii In'fore
Christmas. The Ijeglnlature could
convene wlthiu and :U) days after
he Issued the call. It he should make
his proclamation next Monday, No
vember 2.'!, he would have barely
time to get the legislature together
U'fore the holidays.
Governor Chamtcrlaii) would pre
fer to convoke the legislature Just
before Chrlstmns In order to hasten
adjournment of the body. Further
more, the usual January tax levy,
which the Legislature will tie sum
moned to authorUe, would not then
lie delayed. An emergency would
exist which would doubtless per
mit the legislature to put the levy
Into effect Immediately, even though
the Initiative and referendum should
be sustained by the Supreme Court,
as limiting the power of the legisla
tive In the most restrictive sense.
HI'KCIAI. KI.KITIONS TO UK HKI.lt.
Special elections will lie held In
Clatsop for a successor to United
States Senator Fulton, and In Crook,
1S71). Ho has relatives lu the old
country ami a brother William In
San Francisco. Mr. A hern wuh
usually known as a quiet, good
natured fellow, and apparently
well liked by all who knew hliu.
Tho Bad event Is much deplored by
1 ue uovernor win prooaoiy mn
order a seclal election la Pen ton for
a successor to State Senator John H.
Daly, who since the regular session,
has ls-conie Surveyor-General of Ore
gon. Mr. Daly ha not resigned
from the Senate, though Home law
yers aver that his acceptance of the
Federal oillce was In Itself virtual
resignation of the other office. Mr.
Paly Insists that he is still a mem
ber of the legislature, his reason Ink
ing that he desires to save his coun
ty the expense of a s()cclal election.
Whether Mr. Daly enn hold his
seat In the Senate Is not properly a
question for the (Iovernor to decide,
but for the Senate Itself, since the
constitution provides: "Each house
shall Judge of the election, qualifi
cations and returns of Its own mem
Ihts." The seats of Senator Fulton and
Mr. Williamson In the State Senate
are, however, vacant, and must be
filled by sieclal election. .
rH(M KKlit UK TO HK KOIXOWKD.
The Governor will at flret Issue a
proclamation giving notice of the
extra wshIoii. Neither constitution
nor statue presi rllK-s the length of
time of the notice. NVxt the (iover
nor will Issue a writ of election, di
rected to the Sheriffs of Clatsop,
Crook, Wasco, Lake and Klamath.
County Clerks are required to give
at least ten days' notice of the elec
tion. Cert lllcates of nomination "In
ail special elections may be filed at
any time letween the date of the
writ authorizing the election and
ten days previous to the time of
holding the election." Consequent
ly, the two sieclal elections could
probably be held 15 or 20 days after
the (iovernor Issued his writ, and
1 ne legislature coma convene a
Twenty-live days Is therefore short
notice for the (iovernor to give.
That iiumticr of days after nex t Mon
day, November 2.'), will bo Friday,
December IS. It the session Is to be
held before Christmas the most likely
ierlod Is between Monday, Decem
ber 14, and Saturday, December 19.
LAW RKQTIKKH KI.KCTIONS.
Tlie law requiring election of suc
cessors to Senator Fultou and Mr.
Wllllaiusou reads as follows:
"When any vacancy shall happen
In the office of a metulier of the Sen
ate or House of Representatives,
by death, resignation or otherwise,
and a session of tho legislature Is
to take place before the next biennial
election, the (iovernor shall Issue a
writ of elect ion, directed to the Sher
iff of the county or Sheriffs of the
counties composing the district In
which Biieh vacancy shall occur, com
manding him or them to notify the
several Judges of election In his coun
ty or their district to hold a special
election to fill such vacancy or va
cancies at a time appointed by tho
tho victims' friends and the family
of tho accused, as well as all law
The preliminary examination will
take place as soon as District At
torney L. F. Couu returns, which
may be today.
Supreme Court Reverses Lower
Court in Neilon Bond Case
Remanded for New Trial.
The Oregon Supreme Court on the
17th reversed the decision of the
lower court In the Neilon bond case
and remanded It back for a new
According to law the case could
not lie tried In Lake county for the
reason that every taxpayer was a
plaintiff and a Jury could not be
found. A change of venue wan
then-fore granted to Jackson county
and the trial came up liefore Judge
Hanna at Jacksonville last winter.
The bondsmen lost the case, and an
appeal was taken to the supreme
court. It Isclaimed the law requiring
similar cnes to be tried In another
county was repealed at the last
legislature, and It Is expected that
the new trial will take place in
Nellon was Sheriff of Lake County
and defendants J. Frankl, George
Janimerthal, A. McCallen and J. E.
Pernard were his sureties. Neilon
defaulted, and this suit was brought
to recover on his official undertak
ing, which was executed May 6, 1809.
At the trial the Jury was instructed
that the sureties would be liable for
money collected by Neilon before the
undertaking was given, and still In
his hands, and that It would be pre
sumed that he still had In his hands
all money collected and not turned
over to the county. This presump
tion, the jury was told, could lie
overcome only by direct and positive
evidence. The Supreme Court holds
that the presumption may lie over-
come by either direct or indirect
evidence, and for this error the case
Is reverned ami remanded for new
Moore's Commedlans Disband.
With the old but popular play,
"Kip Van Winkle," the Moore com
pany of comedians closed their
week's engagement lu Klamath
Falls and disbanded for the season.
Most of the members of the com
pany have gone their several ways.
Walter J nhnigan and wife left Sun
day for Oakland, Cal., where they
will spend the winter, Mr. and Mrs.
Burns left Monday for Seattle where,
we understand, Mr. Burns has await
ing him a position on the stage.
Eisen and Wheeler left the same day
for Portland. Mr. and Mrs. Moore
will leave In a few days for San
Francisco and may later go to
Seattle. Horace Ethler left yester
day morning for Sau Francisco.
The reason was a very successful
ono for the company, and they will
probably lie with us again when the
Oregon Loses Swamp Lands.
Tho State of Oregon lost Its con
test over swamp lands on the
Klamath Indian reservation that
has been allotted to Indians, the
Acting Commissioner of tho Land
Oflice, In a decision rendered on tho
19th, having held that the title of the
Indians Is prior and superior to that
of tho state.
The effect of tho Commissioner's
decision is to Invalidate the state's
title to about 55,000 acres of swamp
lands within the reservation that
have heretofore been allotted.
Wagon That Has Lain In Bottom
of Abert Lake Since Before
Knowledge of Residents.
Everyone in Lake county In famil
iar with the finding of a wagon Im
tiedded In the mud out In the water
Id Abert Lake many years ago. The
wagon has been seen by many peo
ple as they passed along on the east
side of the lake, but all previous at
tempts to recover It met with failure.
For the pat few years the water In
the lake has gone down to such an
extent that It bad receeded from the
shore until the wagon was only
about fifty feet out.
The other day Roy Pax ton came
along on the east side of the lake be
low the high rim rock, and found
the wagon In plain view, resting In
the mud and only a few Inches be
low the surface of the water. Being
horseback he rode In and bitched a
rope to it. After repeated trials It
consented to be lifted from Its bed In
the lake. Contrary to expectations
there w as only two wheels and the
hind axle of the wagon, Instead of
the complete wagon as was always
supposed. It was an old fashioned
thimble skein, with nuts to hold the
wheels on, and not a lynch-pln as
The action of the alklll-water from
years standing submerged, nearly
ate Into the center of the wood
parts, and the tires were rusted in
The history of this old wagon Is
unknown, and how it came there is
a mystery. It is leyond the knowl
edge of Lake county residents of
where It came from. But as many
01a pieces 01 wagons were found on
the shore near by, years ago, and
also the tar bucket which was found
a few years ago, an account of which
was published In The Examiner May
last, would indicate that this spot
was the scene of a tragedy.
The East side of Abert Lake Is too
rough for wagons to go clear around,
and many suppose that immigrants
attempted to go that way, but find
ing It Impossible they abandoned
their wagons, while others think
that immigrants were massacred by
the Indians and their wagons broken
up and thrown Into the lake.
Mr. Paxton will bring the old
wagon to Lakevlew when conven
ient and place It on exhibition along
side of the old tar bucket at Ber
nards' store, and people can specu- '
late to their hearts' content upon
BUI to End Overgrazing.
Secretary Hitchcock sent to Con
gress the draft of a bill to control
grazing In forest reserves, on the
19th. The bill Imposes a fine of not
to exceed 1000, or Imprisonment for
not longer than ono year, or both,
upon persons who knowingly pas
ture any livestock on public lands
wlthiu torest reserves, without first
obtaining permission from the Sec
retary of the Interior.
Secretary Hitchcock, In his letter
of transmittal, says the proper con
trol of grazing within reserves de
mauds that there shall le no over
grazing, and expresses the opinion
that legislation he recommends
should pe promptly enacted to check
an abuse that Is becoming general
In some states.