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