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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Dec. 3, 1903)
LAKKVIKW, LAKE COUNTY, OREGON, THURSDAY, DEC. 3, 1903.
Bondsmen In Neilon Default Case
Offer to Pay to Lake County
$3joo to 5ettle the Case.
A compromise In Is'lng negotiated
Ix-tween tin bondsmen of A. J.
. Nclloii hiiiI I.ake county. Since the
case has In-en remanded by the
supreme court for new trliil, tin
bondsmen and tlii county are. ad
verse to making tiny further excuse
In tin matter. According to the
supremo court decision 'l,no of the
4,(MX) cmlN-xleuient, was done prior
to the time the bondsmen were nr.
ccptd by the county, and that
amount cimnot ln recovered from
The liomlMiuen offer to pay the
founty $2,70, the mnount ciuIm-x-stud
while they were under liondH,
with Interest nt 6 er rent addel,
making $3,200 In all.
After the coHtH nr all paid, the
county will realize something like
f I..VM), If the $3,200 In accepted.
The bondsmen, two of whom J. I.
Bernard and Geo. Jainmerthal are
residents of I,akevlcwuud tho others,
A. McCallon and J. Frankl, former
residents, and both of whom have
procrry In Lake county, will ln
losers the $3,200 Including the costs
for attorney. If one place them
selves In their poHltlon iiNt for a
moment, one can sew that thin
amount that they offer to pay Iako
county Ih a total loss to them, with
no value whatever In return, and to
any Individual It Ih like throwing
that much money In a well. You,
art do the boiidHincn. know that they
are paying for something that they
never got, ami It hcciiih an InJtiHtlre
tocomH-l honcHt citizens to pay for
a dead horse.
Had the county exacted from the
county olllclalH, bond from a bond
concern, like all govorument olllclalrt
do, thin would never have hapHMicd.
Tho embezzlement might have been
committed, but the County need not
have been concerned an to the ulti
mate Hcttlcmcnt of the amount of
While iiiomI of tint taxpayers are
not aware of the offer made to com
promise, there Ih little doubt when
t hey do learn of It, that the general
concensus of opinion will ho to nettle
on that basis, and thus Have the
cost of another trial and the chance
of lowing all. The prtmpect of a
settlement for $3,200 In underHtood
to Iw very favorable. The Examiner
hopcH the comproiulHO can be
New Pine Creek.
An entertainment was given by the
Kelly Creek School at New Pine Creek
hall biHt Thursday night to a very
largo and appreciative audience. In
fact, the crowd wan ho large, that
Htanding room wan at a premium,
and many were compelled to remain
on the outside. Such demonstra
IIoiih Ih evidence that a new and
larger hall Ih greatly needed at New
Following Ih the program ren
dered: Welcome, by seven ghosts.
Song, "ThankHgl vlng Drawoth Near"
I'rayer, by William Vincent,
Heading of the President's Thanks
giving Proclamation by Mabel
CompoHltlon on Thanksgiving Day,
by Olive Cuuuou.
Thanksgiving Exercise, by twelve
Ilccltnllon, "A Thanksgiving Ixn
Hoti," by Itounle Itarbrlck.
S(ng, "Old ThankHglvIng Time," by
lU-cltntloii, "An Annual Occurrence,"
by Edna Smith,
dialogue, "ThankHglvIng Long Time
Ago." by four glrln.
Im itation, "Jesus Lover of My Soul,"
by Odosna Amlck.
A ThankHglvIng Alphaln-t, by twon-
ty six glrln and boys.
Mediation, by Karl Hackney.
Ilccltatlou. "Elsie's ThankHglvIng,"
by Ethel Dovclhlss.
Clan Exorcise, by neven glrln, follow
ed by Hong, "America."
Hecltatlon "The ChopisT's Child."
by Olive Cannon.
Tableau, "A ThankHglvIng Kitchen."
The children had their part well
learned, and thu program won well
rendered all the way through.
Artistic decoratloim alornel the
stage In the way of vegetables, every
variety of thu yellow spclos being
used. The footlights ami hanging
lamp were. Jaek-o-lanterns made
from yellow pumpkhiH, hollowed out
and fashioned In fantastic slinks,
while the walln were beautifully deck
ed in pumpkin bloHMouiH, evergreen
Following In a lint of Ijodgca that
held their annual or neml-annual
electlonn for the year beginning
WOOIIMKN OK TIIK Woltl.U.
At their regular meeting Wedncs
day night, Nov. 2."th, Lakeview
Camp .1:iS, W. O. W., elected olllcern
an follown: F. E. llarrln, P. C. C.,
E. F. Cheney, C. C, J. O,. Wlllltn. A.
I,., II. It. Duulnp, Hanker, 1'.. N.
.Inquish, clerk, K. II. Smith ami It.
K. L. Stelner, phyHlclann, J. II.
Tannyhlll, escort, Chan. Vermillion,
neii try, T. K. Iteruard and W. N.
CKItAII nnci.K, w. o. w.
I'. 1. N., Maggie Bernard. (J. N.,
Llllle llarrln, Adv., C. V. lcnt. Han
ker, May Italley, clerk, Ida Cmbach,
Magician, Blanche 1 (alley, Att., May
SliupHoti, ('apt., Guards, E. F.
Cheiu'y, MiiHlclau, (iladyn Schlngel,
I. S., Delia Cheney, O. S., Terry Strip
lln, Manager, Nettle Cheney, Physl
clann, Dm. Stelner and Stephennou.
Mm. J. Q. Wlllltn, N. U., Mm. Mae
Ahlstrom, V. ., Mm. O. Schlagel,
Sec., Mm. Kva Jackson, Treasurer.
X. Ariner, W. M., W. A. Massln
glll, S. W., F. E. llarrln, J. W., A.
Dlelwr, Trons., C. Umbach, Sec. The
lodge will hold Joint Installation
with thu Star lodge, Dim:. 20th.
KASTKRN HTA It.
Mm. W. A. Masslnglll, W. M., C.
Umbach. W. 1'., Mao Snider, A. M.,
Mm. A. S. Down, Sec, Mm. A. Y.
1 teach, Trean., Mm. F. E. llarrln,
CouductrcHH, Mm. T. J. Magllton, A.
Con. An oyster supper followed tho
election Tuesday night.
A telegram to Dr. E. 11. Smith last
Thursday from Tacoina, announced
the death that day, of Cecil, tho ft-year-old
son of Mr. and Mm. Allen.
They nro former residents of Lake
view and Mm. Allen Is tho daughter
of Mr. and Mm. M.T. Walters of this
place. The child was their only one,
and was Idolized by Its parents.
Much sympathy Is expressed by
Mill to Divide Public Domain Val
uable (or Orazing into Six
Classes and Rent Out.
The qucHtlon of leasing tho public
grazing lands Is to come beforn Con
gress again this Winter, but It Is too
early to say whether there will be
sufficient Interest In the subject to In
sure the enactment of any legislation
along this line. An effort to pass a
leaning bill In tho last Congress prov
ed a signal failure, not only tswause
of the strong sentiment against the
proposition from certain quarters,
but because of the diversity of opin
ion among the men who really be
lieved In a leasing law.
Representative Lacey, of Iowa,
who for several Congresses has been
chairman of tho public lands com
mittee, and will hold this position In
the Fifty-eighth Congress, has Intro
duced a general leasing bill, which
he will bring before his committee
early In tho Winter, says the Wash
ington correspondent to the Ore
gonlan. Ills bill reads as follows:
Section 1. That the purposes of
this net are to give to homestead
settlers and holders of small farms
the opportunity, In the arid region,
to Improve, use and protect the
grass upon the public domain In the
vicinity of their holding, so as to
preveut the further deterioration and
the monopolization of the range by
the owners of large herds of live
stock; and the rules and regulations
to 1m made and promulgated by tho
Secretary of the Interior under thin
act shall la made wit h reference to
Its purposes as defined In thin sec
tion. "Sec. 2. That so much of the arid
and Hcminrid public lands not
capable of Irrigation as may be
necesHary for tho purposes of this
act may ls leased for stockgrazlng
purposes, subject to the right of
homestead, mineral and other law
ful entry under existing laws. Said
leaHes shall bo made under such rules
and regulations as may Ih? preHcrlb
ed by tho Secretary of the Interior
ami for the purposes of and subject
to the limitation of this act.
TKKM OK THK I.EASKS.
"Sec. 3. That all leases shall run
for a period not exceeding five years.
Such leases shall bo limited to un
area of not exceeding SlftJO acres to
any 'one person, and such leases
shall not bo assignable or transfer
able, but In case of the death of the
leasee shall Insure to the benefit
of the estate or legal representatives
of such lessee. Such louses shall only
be made to actual homestead set
tlers or to freeholders whose lands
are In tho vicinity of the lands to be
loosed by them. And the holder of a
homestead prior to patent may ob
tain a lease for not exceeding ten
times the area of land Included In his
said homestead, and tho owner of
lands In freehold may In like manner
and under like restrictions acquire a
lease for ten times tho amount of his
Bald freehold, but in no event to
Include more than SlftW acres for any
one lessee under this act.
"Sec. 4. That during tho contin
uance of any lease made under this
act tho lessee may fence tho leased
land or protect tho same from tres
pass In any other lawful method.
"Sec. 5. That no corporation
shall Imj entitled to auy lease under
the provisions of this act.
"Sec. 6. That where there are
two or more person eligible to ac
quire leases under this act who may
deal re leases upon the same land,
and there Is not enough public land
In such lK;allty to supply the said
applicants, then such lands shall be
apportioned among such applicants
under rules and regulations to be
prescrllod by the Secretnry of the
"Sec. 7. That the lands to be
leased under this act shall ls classifi
ed and graded by the Secretary of
the Interior Into six classes, and the
annual rental shall Is 1, 2, 3, 4, 5 or
8 cents an acre, according to class or
grade, payable at such times and In
such manner as may be prescribed
by the said Secretary. The pro
ceeds of such leases shall Ikj paid Into
the treasury of the United States for
the purposes hereinafter provided.
"Sec. 8. That nothing In this act
shall prevent the lessees or other
persons and corporations from the
privilege of grazing their stock upon
the public lands not included in such
FOREST UKHKKVE LAW UNCHANGED.
"Sec. 9. That nothing in this act
shall apply to or change existing
law as to forest or other reserva
tions; provided, that the Secretary
of the Interior, under rules and reg
ulations to be made and promul
gated by htm, may make and collect
such charge per capita as he may
determine for each horse, sheep or
other animal which he may permit
to graze within the forest reserva
tions. "Sec. 10. That when any mineral,
homestead or other luwful entry is
made upon leased land the lease
shall Ikj canceled thereon under rules
and regulations to be provided by
the Secretary of the Interior, and
such leases shall not have the effect
of withdrawing the lease land from
mineral exploitation or entry under
any existing law or laws hereafter
"Sec. 11. That in leasing under
this act the regulations shall pro
vide for the reservation of wntering
places and streams where practic
able, so as to render the same acces
nible from the leased lands lu the
vicinity; and such regulations shall
also provide for the necessary right
of way across other leased public
lauds In order to enable any lessee to
have access with his stock to and
from the lauds leased by him.
"Sec. 12. That leases may be re
newed tor further terms; provided,
that In renewing such leases the
right to prorate by other appli
cants under section 6 shall be appli
cable. "Sec. 13. That this act shall take
effect from and after Its passage,
but shall not be put la operation In
any state or territory until procla
mation shall have been made by the
President to that effect, which proc
lamation shall be separately issued
as to each state or territory; pro
vided, that no such proclamation
shall Issue us to any state or ter
ritory until tho Legislature of such
state or territory shall by resolution
request such action.
"Sec. 14. That the net receipts
after paymeut of tho expenses of
administration, arising from the
leases under this net, shall bo set
apart as an Irrigation fund to bo ex
pended In tho state or territory lu J
which tho same shall bo collected."
Trial of Phillip Barry it. Charged
With Murder Now Going on
Before Justice Bay ley.
The preliminary examinatloo of
Phillip Barry Jr., for the shooting of
Timothy Ahem at Warner two
seeks ago, Is now going on before
Justice W. Iiayley, at the Court
bouse. The examination began yes
terday morning, with District At
torney L. F. Conn for the prosecu
tion and E. M. Brattain and J. A.
Boggg for the defendent. Up to thl
writing only two witnesses have
been examined, Dr. Stelner and
Willis Scammon. The latter la the
main witness for the state and much
depends upon what Mr. Scammon
testifies to. He related what bo
knew about the shooting, to the
On Thanksgiving Deputy Dlst.
Atty. Geo. Nickerson filed an Infor
mation against Phillip Barry for
manslaughter, and a bail was fixed
at $3,500, which was furnished with
out delay. Since then Mr. Barry
has been out on ball. Yesterday
Dlst. Atty. Conn, withdrew the com
plaint of manslaughter, and filed
one of murder. Should this charge
be eustalued by the evidence, Barry
will be bound over to await the
next term of circuit court.
The Warner Lands Again. .
Uncle Joe Morrow returned from
Salem Saturday where he has been
the past two months In the Interest
of the settlers of the Warner Valley
lands. He comes home overjoyed
with the prospect of finally winning
the lands that were recently patent
ed to the State of Oregon by the Sec
retary of the Interior. Mr. Morrow-
Informs The Examiner that suit
to have these patents set aside,
will be brought before the coming
May term of Circuit Court In this
The Warner Valley Stock Co., who
are now the defendants lu the cose
have made some very flattering prop
ositions to compromise with the set
tlers, and thus call a halt of all fur
ther litigation. Whether the settlers
will accept these overtures or not, it
Is Impossible even to surmise.
After preparing to notify the
Judges and clerks In the several pre
cincts, sheriff Dunlap decided not to
call the special election for Lake
county. He received a telegram
last Thursday to the effect that no
election would be held In the other
counties of this district, and he
deemed It unnecessary to have elec
tion here. It was perfectly useless
and absurd to tnlnk of holding an
election in this district on the
16th when the special session of
the legislature is called for the 21st.
It could not be made known
throughout the district who was
elected In that length of time and it
would take 3 days to go from Laker
view to Salem, If a Senator was
elected here. Governor Chamlier
laln Is evldeutly not very well post
ed on tho magnificent dlstauces w
have lu tho Interior.
Dr. Stelner was called to South
Warner last week to see Grandma
Flowers, mother of MmN. M. Frakos.
Tho old lady Is 83 years old, and had
broken her leg In a fall. The frac
tured limb wus set, and despite her
advanced age, will recover.