Image provided by: University of Oregon Libraries; Eugene, OR
About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Nov. 28, 1907)
OT 1) gmte VOL. XXVIII. LAKKV1W, LAKK (X)UNTV, OREGON, THUItSDA V. N .VKMKKK 28, 1 ;x)7. NO. 4 I i EVIDENCE IN THE CONTEST CASES MomeAtendersriust Prove Actual Residence. GOOD INTENTIONS NOT SHOWN- I nw Is Not More lenient to5ing;1e Men Than to Harried Pirn. All Hint Comply. Ijttitt week Tho Kxnminvr published tliu text (if throo laud decisions, mi ( tho evidence in one other. For luck of Hunt to sot tint typo for all of them e could not puhlUh tho evidence Iti all of tho cases. We have received lUlllornllN l'ltlHt KlIICII (Jlir lllst isHUK to ihiIiIIhIi the evidence in full. Ah it In of conwlilcriil.le ..Importance to those who have filed on lauds recently thrown tipxii to settlement under the homestead inn! timber mid stone laws. Tho evidence in t h following cimes hIiowm w lint must lie proven in case of contest, anil shows ulsn what Improve incuts Ik uoceHxary tn show good inten tion. Therefore, c ii rn giving our renders t his week J ho benefit of this evidence : 'Mm Artec (.ami A Cut tin Co'm. case is to Im heard again, 'ill In case in Tolvi'H a unrulier of homestead Mil d tiinlier mid stone entries. It will Ixt seen tlliit tint I.akovicw ottico Imn rill ed ill favor of tin 1 1 1 1 1 v i 1 1 1 m I eliiiiniint ud n I w ice tuilieil down liy tint Secretary o' thi Interior. although HUhtiiined I y t ho general land otlli I'. 1' 1 1 1 1 1 1 1 j-, a new hen li lift Iiiih lieeu order d liy the secretary of Mid Interior, and t he rl.iimitiitH runt loned to Comply with the Iuwh under which they tiled on tint land, in the meant line. Following in a con letiHod history of thi cine : Jut-nary J", lIHr., I, r;v i -legon file. I 1 1 h School laid indemnity list No. I ,"H, for lands In sections 11, 12, Id, mid -I, Tp. .'17 Uango.IO, and lift No. 1HH for landH in sections 1H, ; tn.l tn, Ti. .'17 11 II 1-2. Ail south 4IIHt. I'eli.K, 1!H1, the following lieu selec tions under thn Act ot June i, IW7, were presented )it t he l.ukcview land .l1lce: A .too Land and Cattle Co., Ltd., hy A. I.. Veozie, its attorney in fact for IiiikIm in miction in 'J, .'1, 11, 12, II and 21, Tp. :7, K. 1", Hoiith ami east. K. II. I'erriu for lauds in HcctioiiH.'t, 2. ,Tp. :i7, S. K, H. I1'.. II. I'crrin for lands in set ions .'I, IS, l'., 2i, and :), Tp :t7, 1C II 12. n 1 in lieu of land in the Kan Francisco Mountains Forest Keservo, Ari.oiia. IVI. 1(1, 1!HKI, the State of Oregon Mod its rol i m ii inli mii-1) t r of all right, title and iuteroht ill and to its Hitid he ed ion IImIh Noh. 17 and IhS. March I, i:M 1 1. 1 1,1-. olllce rejected the said lieu applications for the lean on that they were in eonllict with numerous prior homcHtcad and timhor and stone. entrieH, then pending, luit since llualiy disposed of. From tli iri ilociHiou the Aztec com pany mill l'errin appealed, and on March . '10, l'.KI'i, the decision (r thin otlleo wan affirmed dy tho general land olllce, hikI the lien applications were rejected for the additional reiiHou that they were, when presented, in eonllict with tate Helection list No. 17H. which wan cancelled Mrach 7, 1901. and No. !HH, w hich wan cancelled in part March 7 , 1'.IUI, and tho remainder Auk. 2, 1!K). lioth partieH appealed to the depait ineut, mid tho Secretary of the Inter ior vacated tho declrtion of the general laud olllce of March Ik), l'.Kl,"), and the papers worn returned to Ilia Lakeviuw olllce with lustnictioiiH to accept the Hiinie and enter them of record. I leceinlier (), l'.KI.i theHii applicat ioilH were tiktaiu rejected at thin olllce for the reiiHou that the landrt einliracml therein were withdrawn lor the Klam ath Kiver Irrigation projeirt. January '.':!, llHXi, tlui deciHion of the l.akeviaw otllco wim roverHort uud tho aperrt aaiu remanded with iiiHtrue tiinirt to enter them of record, if no other objection appeared, art lieu ho lection made 1'Vli. s. 1!KH. Mandi Ti, 1110(1, the lieiHter Kiilunit (ed a fu'l report in to the Atec coni pany'rt application, includinu the Ma ton of one A. J). Uaniidrt, aliened luir ty ill interent. He hinted that there wero objuctiuiiM to the allowance of thn V.too (MimpanyV application, and riiich object ioilH were : The hoineHlead entry of 1'raiik John hoii, mado l)ncemlier 10, 11H1I, lor landrt em braced in tho applicat iuiin and thirteen other hnmchtoad and tiiu ber and utono chhIi entrieH. Au ap peal wart taken from thin decieiiotrof tho Lakeviuw olllce. January II, llMi, the Keglator Hub- initted h Himilar report hm to tho I'er riu MppllciilloiiM, tho ininn action Iihv llitf been tHken. Thn object luim to the allowance were : Thn ImineHtead enliy of William liryan, made May 1H, '.:, and elht other liomentead and t imber and utonn chhIi entrieH luiide, miliHeiiient to Oct. ober .'I, and an appeal on behalf of l'errin. Iliad March 1, UX, whs triniHinltted. The Appeal of the A.te company lielutf Hmt in order, wan t raiiMiiiitted to tho department and on Juno 2i , IIKN1, thn Secretary vacated IiIh deci mioii of October 'St, r.K.rj, nnil directed that the lieu applicat Ioiih of the Az tec compHiiy lie rejected. In obedience thereto, the appli catlouH of the Aztec company uud l'errin were analu rejected. Attorueyn for thn Aztec company and Daiielrt, tiled a motion for review of hii Id declriioii, and tho Secretary of the interior recalled and vacated tho departmental decitdun of .June 2i, 1!n;, and the lieu HppllcatloiiH were returned to the Lakevlew olllce with dlrecliotiH to enter them of record mh havniK been made I'ob. H l'.)t. and the oltlcialH hero were alao directed to notify all part lex w ho had made en Iriew of the Nitid landrt HutaaMiueut to the CMliecellatlou of the haid htate HPlectlou IImIii, to iihow ciiumo within rtixty duyrt, why their Mild entries hIhhiI I not be cancelled for eonllict with tlm lieu Hcbi t Ioiih. alno to r-ject all HppllcatiniiH for ha Id landrt. July H, l'.Hi7, Archie JoIiiihoii Died a (notion to Intel vene and for a review ot the hint mentioned I lepart mental declHloiiM which wan dulr traiiHinitted to the department. The aaid decirttou, unwell aw tho pre vioiia Departmental decirtioua of May l.ri and IX, r.N7, haviuK been tiiude, aw Mated by tho acting Secretary, up on an ex parte record, and the titmoHt latitude liavitiK been Klveu that olllce, in the deciHion promulgated, to dlnpo in ot the claiiu of tlione u Iioho interehtrt have been put in jeopardy by the rtc ok'nitioii of Dauiel'rt interi-nt, u bear luic waa deemed ueccHHary iu order to uncertain facta in connection with the rcliiKpilMimciitu by the htate of Ore h.'ou uud the inakiiiK of thn lieu eelec tioiiH. Thirt Olllce in directed to order a heariiiK to take place at ttuch time uh will comport with 'he uiqheMof the Heveral part lex, with Hiiipln notice to all concerned, they w ill bo permtted to introduce any tcHtimony which may tend to eMtablinh their claim or that will hhow the invalidity of the lieu hclcctiiiiiH. or llauiera claim of Inierent. Notlcea will be publuttied that opportunity may be all'orded each and eveiy party claimiiiMT u r.'Kht to or letcreit in the lards tn bcpri.,it i the lieai intf and ithnert hirt claim. I In tlio iimt ructiiuiH to tiiirt otllce at-1 teutiou iri invited to the deciHion of I the department in the carte of the Cal ifornln uud OrcKoii Laud Company, et al., whic'li irt held by the depart ment to lie mialououH to tho lieu helec tlinirt heicia mentioned. Iu that cat-e, the party iu iuterent procuied and llleil with the Helecti hi a reliniiiih ment by the State of Oreuou of its rik'ht to the land embraced hi the lieu Helection, and the Department held that wild rclluiuiHhuif lit became ef fective at tho moment of ita presenta tion and that tho relinquiHumc tit an I the upplictuiou to belect were a eiiiKle truiihactlon. In the cartes at bur the lieu anplicatioiiH were preheated Feb. H, 1N0I, but the relimpilrthnients were not tiled until Feb. 10, llHH, iwn dayn later, and it in charged by tho inter vener, that Hiicu relinipiihhments were independent proceeiiiiK by tho State of Oregon uud that D.iniel'H hud notli i ii K whatever to do with the procuring or tiling of naid leliiiKiuit-linients. It wan further charged by the inter vener that, the applicat ions to pur- chaho Ihcho landrt from the State, its cert dlcatcrt which ihhiied olid were purchased by Daniclrtiind tho inuking of the State Idemuity helection libtrt mentioned, were nil incident to and tho loHiill of u conspiracy entered in to by Daniels and otherH, with the purpose of defrauding tho United States of the title to those lauda, and that said Dauielrt was not "an innocent nt'chaner", as claimed by him. Tho laud involved will leiuaiu iu statu .until this ottlce is further ad vised, and the ontrynien have been notified to fully protect their iL terests they should continue to comply with the law under which their several eu ti ion were initiated. THANKSGIVING TIME-HONORED.: Custom of First Governors of America Be comes an Established System To day in a day of Thanksgiving, lamied a proclamation for a national It Im u national holiday, made ho by observance of a day of Thanksgiving proclamation of the preaident, adopt- ia utl(l la( tbat tlr,)e "uch 8 , i, . proclamation baa beon annually issued od utter the custom of the governor of , .. .. . . . , ' by Hucceeding preHldents. Later yeara tho New llnghind KtateH, which pre- the old cantom of the flmt Koveronra, cedent was est a bl lulled by Governor, of the Heveral state follow the prehi liradford after tho firnt harvest la the ; dent with issuing aimilar protilam New Kngland States in Ki21. atiou. The last Thursday iu Novem- 1'reHldent WaHhingtoii re'ommended lM!r l the day net aside for. Thanks a day of ThankHgirlng, and his cus- ' givng, but that is only a matter of torn was frequently Imitated by mibse- j fashion, as ai y other day might be 'iieut presidents. I'resdeut Lincoln appointed. Tho Kw.elver found "that tho allegations set forth Iu tho afJIdavitof content have not lieeu sustained", and recommended inal said entry remain intact and the contest tie dismissed. Tho Kegjrtter found, ia eirect, that the defendant, about Deo. 1, VMXl, built a log house on said land, 1Hx20 teet, that thereafter he built a log barn that said house and barn are covered by a double board roof, and in tho house there is probably home benches, or stools, a small sheet iron stove, two bedsteads, a home made lounge, a few cooking utensils aud perhaps, a small supply of provisions; thut defeudant visited said land a ve ry few times within the lust two years, and during tho year prior to contest had not lived thereon to exceed 2 months; that he has rented a ranch, nbfion which he practically lives all the time; that his family have uever resided upon the laud, but live on this rented ranch. Further, that tho luad iu controversy hus standing upon it iu the neighborhood of two million or two million aud a half feet of pine 1 timber; thut the hoII is second or third rate and there Is, practically, no wntar, or water in Tery meager ply with the law and recommended that said entry be cancelled. May, 7, l.r7. defendant filed an ap peal from the Ilegistei's deciHion, j which had been duly nerved. The appellant specified as error, the I Register's finding that the land cov ered by homestead entry was more valuable for timber than for agrirul- ' ture and in finding the quanlty of timber growing thereon. The decis ion sights that. "As there was no al legation in the contest affidavit rela tive to the character of the land, the finding of tho Kegister id unwarrant ed, except to show the reason why the entrymun could not make a living thereon. It is only necessary to read the de fendant's testimony to ascertain that his home had not been on the land in controversy for more than six months prior to the initiation of this contest. He stated that he established his resiueuce ou said land in Dec, 1003, and remained thereon six or seven months. He commenced driving stage in July, 1005, and visited" the land in the fall of 1904 and again in March, 1004 About this time he rented the ranch (inanities tbereon, and noue for irri-f of John Prader l trimmer Lake and gat ion purposes; that the defeudant j sent for his family. They all resided stated that be had only a small patch i at the place rented, but. in the fall of spaded aud bad raised no crops there on, and it was immposHible for bin to make u living ou said land, therefore ho had to rent a ranch to make a liv ing for himself aud family, aud that he hud mado the rented ranch his homo. From these facts the Kegister found thut the eiitryuiau had failed to com- that year, be again visited the land. His work on the rented ranch occu pied most of his time, but again in May or Juuo, 1000, be went to bis homestead and built a barn, also strung a bale ot wire around some trees and a few posts making a fence urouud three acres. This took him about tive.days, although he stated be ren.ui.nl ii 'ho land a boot 2 weeks. 1,1 I ' fet of ground and plmi ed garden vegetables, which ie leit in the ground. His wife was on tie land twice and once he took bis boys with him. Tbey remained over night but he cn Dot tell how much longer. He states be bad not money sufficient to send for bis family until tho Spring of 1905, yet it appears that he paid t42rr for a timber claim which he filed on' when he made this entry. He stated that bis wife bor rowed this sum for him on land wbich be owned. It further appears tbjt be has mort gaged his timber claim to pay tor the furnituo, farming u too 8 lis, ma chinery, horses and wagons that be is I using on the Prader Ranch, bat it does not appear that be baa made any eotf ort to reside tin and farther Im prove hi homestead. He admitted that be was planning to relinquish tbe same and have bis wife file a timber and stone claim for 'tbe land when be received notice of this contest." Register's decision afflmed as stated last week. L. V. Conn and J. I). Venator were attorneys for Stindt, J. M. Batchelder and C. Urn bach represented Woodard. Jn the case of Orlando Peterson, con testant, vs. . W. Check, bomsteader, tbe commissioner finds : . On May 20, 1907, you transmitted tbe testimony and other papers in tbe above case, involving homestead en try, made May 25, 1905, for certain lands in Sec 23, Tp 30, S R . 15 E. On October 20, 190C, Orlando Peter son filed bis affidavit of contest against laid entry, charging that W. V. Cheek has wholly abandoned said entry for more than six months im mediacy last past, and has not resided thereon within tbe six months last past, and that said entrymun has fail ed to reside upon said land at all, ab sence not due to military service. I Hearing was-ordered and parties! notified to appear on Jan. 16, 1907, be fore your office, and personal service made on defendant. Cane was culled and contestant filed bis motiou and affidavit for a con tinuance to Jan. 25, 1907, which was oppoged br coctcstw, but llovel .p your office, aud on that day both par ties appeared .and submitted testi mony, fiom which you found that de fendant Cheek has not complied with the homestead law, and that he has not resided thereon as contemplated by the hometead law, and you recom mended that the entry be cancelled. Contestant Peterson states that be first saw the land on October 3, 190o WORK TO BE HAD AT FAR WAGES Men Leaving L,arge Cities For the Country. FARMERS TO PROFIT Bf PANIC The Industrial Slpmp Will Tend To Relieve the-Wood Famine In Western Cities. For two or three years past it has been impossible to secure labor at wages contractors a'nd business men could afford to pay, and men woo Id . not stay with a job.-, Tiut things have changed, and the change has com ' suddenly; but four-weeks in making. It is said that thousands upon thoos- ands of men are banting work, and have offered to work at one half tbe wages paid a month ago. Tbe work is not to be bad and train load aitei train load of idle men are leaving the large cities to took for work in tae. conntry. Wood choppers could not be bad at any wages a few weeks ago, and western cities where wood is used, for fuel, feared a wood famine, be cause men who could cut wood could get work they would rather do, and refused to cat wood. Now men are shouldering axes and going to tbe woods in bands. Over in Klamath County it is said not a man has quit work on the government reclamation' project or the railroad construction for some time now,' fearing, presuma bly, that tbey cannot find another job. Conditions are not so bad as ther were in 1893, however, as the country is prosperous, big crops everywhere, which is the basis Of good times, and. as soon as wages gat within reach of the farmer's pocketbook and tbe small? business meu whj are now doing". tbeh-0W T nion- niil nnj -- jobs at fair wages where they do not', exist wen wages are oat of reach. (Continued ou Last Page.) APPROPRIATE GROUP FOR JAMESTOWN EXPOSITION. Iu tho case of John Stindt, contest ant, vs. tiilbort J. Woodard, home stead claimant, upon which this office rondciod dissenting decisions, the commissioner finds: Juno 8, 11)03, lilbort J. Woodard mado 11. 1'!. for certain lands in Sees. 1'2 and Tp. 30 S. I v. 15. Oct.. 7, I'.HHi, John Stindt tiled affidavit of contest against said entry charging as follows: O. J. Woodard has wholly and totally abandoned said entry for more than six months last past and so con tinues to do; that said Woodard hus not lived or resided upon said land for more than six months last past, uud does not at t 1j in date. Notice was issued citing the pintles to appear for trial. Hoth parties uppoured ami submitted testimony. Out of Wood. If this is winter, that monster baa caught several people and institutions out of wood. There was talk last week of tbe school being out of wood, and a possibility of its having to close down as a result The Odd Fellows are out of wood, although they bought their wood last spring, and have been unable to get any hauled during the summer. Several families are short on wood, and ia fact there are bat few people that have all they would like to have to start into a winter. It ia hardly likely that the people will let the school get out of wood, entire ly, and have to close down as a conse quence. There should be a rally to tbe school s assistance before such a serious crisis arrives. The people could have ii "hog killing" day and go to tho woods and get wood enough in one day tn supply the school. It is uo time now to sit back and talk about whose fault it is that the school is out of wood. It is true, some one is responsible for the condition, but the people should not alio that fact to hinder the education of their child ren. There are times for contempla tion, but not now ; get wood, you can't saw wood with a "hammer." From Puck. Copyrighted, 1907, By permistion. Warner Irrigation Project. Tbe Ashluud Tidings says that M. Markrs and a Mr. L. i. Dollarhide started for Lukeview a few days, ago to make arrangements to begiu the construction of the canal in Warner Valley, which will take the water from the upper lake onto the desert north i of Honey creek. Mr. Marks aud Mr. ' Kvans of Ashluud, says tho Tidings, . huve been working on tbe scheme for the past uine mouths, aud now report thut recent arrangements have been mado to finance the project. There is 200sunure miles of the richest kind of soil in the north end of Warner Valley, aud it is almost as level as u Hoor, covered at present with a growth of sugebrush uud well set to blue joiut grass, or at least a part of it is. This land, if watered, will produce any kind of crops; tho climate is flue, aud there is uo drawback to the place, other thau tho scarcity of water for Irrigation purposes. We hope this laud w ill bo irrrigated and made into homes for tbe homeless, as it will greatly iucreuse tho property vuluutiou of tho county. i