sake
mnttn
VOL. XXLX.
LAKKVIEW, LAKE COUNTY, OREGON, THURSDAY, FEBRUARY 13, 1908. NO. V
IMPORTANT LAND
DECISION CIVEH
Commissioner Affirms
Receiver's Decision
CASE OF MESERVEY VS. BRYNE
Homesteader V ins Out Over Con
Contestant, Though Land
Contains Timber
DEl'ARTM ENT OF THE
(iPIKTIll Land ()Mlc,
INTERIOR
WiiMhiiiKtou
I). 0. January 2H, IIMih.
11. E. No. 'MM. Content DiamtsHed.
Register reversed Receiver Hlllrtnud.
Mtt'ou C. Meaervey)
vs. )
William K. lljrrne
! Kgltur mill Receiver, Lakeview
Ortcon,
Kim :
MayHih iiki'i, William K. Byrne mad
11. K No. MM for Lot 1, Scc2 T. 37,
SS. K. 10 K
February 10th I!X7 F. Mein (5.
Meervey filed hii affidavit of content
jiUitiiiHt mi ill on try, cliaritlug , in mil)
titmice t tint defendant had failed to re
lila upou, cultivate and improve ald
land n required ly law.
Notice of Maid content wan tanned
A '. 1907. and perminally served
en ilunt April 1!, 11KI7. i'urHiiaut
to k MiatioiiK, IcHtiiiimiy waa taken
lit dlLerent time before linorite Chaa
taiu, Comity Clerk of Klamath
County, Oregon ami II mil heitriug Man
bail Juno f, i'Afi. Both partiea sub
mitted lentlltionr, Upon w It it'll I ho
iWlrter rendered a decision July J
J1H)7 111 tavnr of phtliitllf lecnmmeud
U14 the t'iincllatlon of mid entry,
and 011 the same day the Receiver
rendered an opinion in lavnr of tho
lt)tMiidanl. recommending that the. en
try be held intact. Auguet 20, l!M7,
you transmitted tlm record to this
oltlce, and the I net that thole nie din
agreeable decision by the local u 111 -nra
bringa the cane, before me for con
sideration. There are 17 i. 72 aero of laud in the
tract involved In thla cane. The al
. titudn ia about live thousand feet a
hove the level of the boa, and it con
talus from three to four unliiou feet
of valuable timber. There is little
testimony an to the character of the
oil, but the Held notea of this olllce
show that it ia aecoud and third rate.
ill September 1! ..", deteudaLt weut
ou the laud ami partially count rtic ted
m naiull barn. In October of that year
he erected a houne about 12xltl leet.
Mini seven feet in height. UeturiHhed
it with uM-eHHiiry houxeho.d elfectn,
Mild legim lliiug there about the lawt
ol November of that year. During
that winter he built auolher Iioiiho II
x2d feet iu size, with an addition ixH
feet, and a veranda 4x12 feet. It hint
two doom, three windows, a good floor
uud la ceiled 011 the inside. It la
much better than the average home
nteadem' shuck atid in w-ll furnlidied.
it contain about evHrythi 14 in the
way of houxehold elfectn that a mat
living there under all the aurr uudiug
circumstances would desire
The house is located in a rather open
ulaoe iu the tluiLer, aud around it
defendant baa sometblug like oue acre
well cleared, but he ban not built any
fence, and baa cultivated practically
Done of the ground. Iu the spriug of
1900, be plauted a few bean aud pota
toes, but did uot cultivate them.
It duel uot appear tbat plaintiff or
bU wituesse ate very well informed
a to tba deieudant'a residence upon
tbe land, and ou tbis question it la
necessary to depend very much upon
defendant's own testimony ' It is
clearly ebowu that lie established res
idence upou it in the fall of 1006, aud
lived there during tbe winter of 1905
1900 He stated at tbe bearing tbat
he left there May 10th, 1906 and vent
to McCloud, California, where be was
employed continuously until .about
the first of November of tbat year.
November 7th l'.HJC, be returned to
the laud and remained until tbe 18th
or that month, wheu .be attain went to
McCloud, wnero be remained until
March 18, 1907, when be returned to tbe
land, after be bad beard or .mis oon
teat.
Land tbat la oovered with valuable
timber, if agricultural la cbaracte
when cleared, may be entered under
tbe homestead law. There ia no
temptation however to persona who de
sire to own it for tbe timber to enter
It as a homestead, aud therefore tbe
fact tbat It la timbered may be taken
Into consideration in determining tbe
ood faith of tbe entiyman as a per
manent homesteader.
At tbe hearing In this cane, plaintiff
testified tbat before making said entry
be "was looking for a timbered
claim," and paid 1125 for tbe relln
qulsbmant of a former entry to thla
tine. He further testified tbat be did
not want any ease bruab claim, for
tbe nimple reason tbat be did not
know anything about one; that be
bad no way of working oue, aud did
not want au lb a claim.
There are aome circumstances abown
1 u this case tbat do not Indicate good
faitb on tbe part of tbe defendant in
making said entry for homestead.
There is some evidence tending to
bow tbat be desired it chiefly for tbe
timber, but the facta that be baa
rooted good bouse on tba land and
forninhnd It well, that he established
a reHidence thereon aud remained con
tinuoiiHly for several moot! a and baa
rot been ahuent therefrom for as much
as aix months at any on time, taken
toxether with the fact that the entry
was made lea than two yearn before
the content was brought, Indicate
Kood faith on his part Iu entering It
for a home.
The evidence as a whole fails to
tablinh plaintiff's chant'". Kald con
text la, therefore, dlmniiuwid, and the
entry held intact. Tho action of the
Itetflnter ia aooordliiKly re vented and
that of the Jlecelver affirmed
Ho note on your lecorda, ihUIho the
pin t inn In liferent and plalntllf of his
rluht of further appeal.
IteHpectfully, Fred Jlennett, Aa't
CoiiiuiiMHloner. Hoard of Law fieviev
by J. II. Thomart, W. li. FukIi.
Death of George Walker
Death ended the sulferiuita of Oeorite
F. Walker, the ron of Mr. and Mm.
J. K. Walker, of thla city, Monday,
Feb 10, 11K1H. Deceaaed wan 1H veam,
1 month and 115 days old. It aeeum
and that tnauhood should thua be
plucked in the bud. George waa not
a strong boy, however and the
immediate cauae of death was sail to
be hemorrhage of the limit. He hint
been sick for some time. The funeral
waa held at the M. F.. church Tueaday,
at 2 o' clock, V. M , and burial
Immediately afterward, In the I. O.
O. F. cemetery. The many frieuda
of the deCeSHed and his family deeply
yiimiithl4 with tho bereaved ones
In this hour of Morrow. The Fxam
trier extends sympathy
Mrs. Adln McCall Dead
Mm. Ad in MCVall, of Hllver Luke,
died Tueaday, Feb 4 The Silver
Luke Orotfonlau aayaof theaal affair:
"Mrs. McCall waa iuat recovering
from an attack of pneumonia and a
complication t ailment, aud It waa
thouitht by ail that she waa entirely
out of dun iter. Tuesday morning' bhe
aroi-e aud dreMHed bernelf for brvak
fuat, but complaineti of feeliug dizzy
aud her huabaud agisted her buck to
bed. After site had lain down ahe
Htiid ahe waa feeling all riuht attain,
aud Mr. McCall left her, to eat bis
breakfaat. Whn he returned a few
minutes later, after finishing bis
break fimt, he found her dead, with
one baud over her heart aud the o'.ber
at her throat. Death waa due to
heart failure and muat have come very
suddenly and with little or no pain.
aa nhe had made uo struggle or out
cry "
The funeral waa conducted at Silver
Lake on Wedneaday, by i'.ov,. Short,
of that place. Docened waa but
years of age, aud leaves a husband
and one little son.
Will Lease Lands
Jack Kimball, repreaeutiug tbe
Weyerhaiieaor Lumber Company,
which owus vuiit tracts of timber lands
in this . section of country, arrived
here first of the week. Tbe Examiner
hint week mentioned his coming soon,
for the purpotto of leasing the com
pany's lands in tbis county. In an
interview Mr. Kimball stated to an
Examiner reporter tbat tbe company
would give reaident atockowners tbe
preference of leases oa tbe portion of
tbe range they bave used heretofore.
He says they hare received applica
tions for nearly all these lands from
large non reaident sheep owners, but
would not leaae to them without first
giving reaident stockmen an opportu
nity to foaae. Parties may lease these
lands for one, two or three years, or
for one year with the privilege of two.
Tbe price, ao o understand, will be
made to correspond as nearly as pos
sible to tbat charged by the Forest
service. Ibe latter charges by the
bead of atook running In tbe 'oresta.
Tbe Weyerbaueser people own abont
100,000 acres of timber land In and
adjoiblng Lake county In which Lake
uounty atook men are Interested from
a range standpoint. Mr. Kimball will
remain In Lakevlew about a month.
Jim Partln, who baa been employed
In the Ahlatrom barneaa abop for tba
past five or alx years, baa resigned bla
place at tbe saddlers' bench and ac
cepted an apprenticeship with Dr. W.
R. Boyd, tba dentist. He begun la
bis new profession Monday morning.
A neighbor near where Dr. Partln
sleeps nights says be waa awakened
about two o'clock Tuesday morning
by a nolaa outaide, asd upon Investi
gation, found Jim pulling tba fenoa
posts up from around tba front yard.
When asked what be waa doing he aald
"Oh just praotlolng," and then woke
up and weut back to bed.
Frank Morlne baa returned to Pais
ley, where be la engaged In lepalrlng
tbe telephone line of tbe Lake County
Tel. and Tel. Co.
WHERE
MONEY GOES
Court Only Has Authority To Levy Tax
as Prescribed by Law
New Pino Creek, Orejjon, February
Cth.
Editor Examiner:
In order to decide a diapute, will
you pleBse tell me if the County Court
has authority to fix the amount of tbe
tax levy for the state, county and
achool taxes, aud alao the amount
levied for each purpose for this year.
Taxpayer.
In reply to tho above iuuiry, the
Examiner U p leaned to inform its tax
puylng friend, from New Pine Creek
that the leglalature, at its 11)01 suasion,
arbitrarily fixed tbe per cent, of the
Btate tax to be paid by each county of
the state, aud thia law 1j so unfair to
the taxpayers of Lake County tbat the
amount required to be paid under its
provisions, is more than twice aa much
as it should pay aa compare 1 with
that paid by auy of tbe other couu
ties of the state. The amount neces
sary to pay Lake County'a part of the
state tax for tbla year requires a levy
of 3' tn ilia. This sum ia much great
er than is require 1 to pay all the uec
eaaary expenses of Lake County com
blnad. The County Court, therefore,
has no authority in the matter of fix
ing the amount of tbe state tax.
The 1907 aeaalon of the leglalature
pasaed a law which niBkea it mandato
ry upon the Couuty Court to make
such a levy as to rsiae at least 97 for
each person of school age it the
County. This year tbe Court levied
3 mills which will raise about til for
each persou of school age, so that uo -1
der the law tbe County Corut has to
make -ueh a levy for school purposes
as shall raise not less than 17 for each
peraon of school age but this amount
may be increased as it was doue tbia
year.
For County purposes, the County
Court of each Couuty baa full author
ity to make such levy as it may deem
necessary to pay tbe expensesof the
County. The Court this year fixed
the levy for Connty purposes at 3.3
mills, which will ralae a sum of about
tll.frX). Out of this amount all of the
expenses of the County, for one year,
will bave to be paid. This expense
includes tbe salaries of all
County 1
Circuit!
officers, tbe expenses of tbe
Court, Justices Courts, examinations
of tho Insane, Coroners Inquests,
County poor, supplies for the Court
Resolutions
Hall of Rebekah Lodge No. 22,
Lake flew Oregon, Jan. 29, 1908.
To tbe Officers and members or
Ltkavie Rebekah Lodge No. 22, I.
O. O. F.
Wa your committee on resolutions
of condolenoe oa the death of Sister
Matilda Iledwig Soblagel beg leave to
report the following.
Whereas. It baa pleased tbe Supreme
Ruler of tbe Universe to remove from
the family tbe beloved mother, there
fore be it
Resolved. Tbat In tbe death of Sla
ter S"hlagel thla Lodge baa lost a
faithful member. Although sickness
aud affliction were ber lot for many
years, her beart waa in the work.
While we deplore ber loss we know it
la well with ber. That ber aweet
Christian spirit we would do well
to emulate. ,
Resolved. Tbat we aa a Lodge,
tender our heartfe't sympathy to the
bereaved daughter an 2 family la tbe
hour of their affliction and commend
tbem to Him "Who doetb all things
for tbe bat"
Reaolved. That we spread a copy
of these reaoultiona on our minutes
and send a copy to tbe bereaved fam
ily. Alao ft copy be furniabed the
Lake Couny Examiuer for publication.
Submitted In F. L. T.
Alice R. Bunting.
L. J. Magllton.
Minnie L. Wlllita.
Gua. Bohlagel returned to Lakeview
last Thursday, from Cleveland Ohio,
where be baa beeu for tbe past two
years. He was moterman ou a atreet
oar in that city, and also conducted
a small stoie, which bis wife looked
after. Gua will remain in Lakeview
indefinitely, aa he has gone back into
tbe brewery saloou. Tbe lease of
his half interest ia tbat business to
Geo. Ayrea having expired.
TAX
House, and all tbe other incidental
expenses of tbe County.
Tbe ralariea of tbe County Officers,
which are fixed by law, amount to
about $8.8(10 per annum. Tbe cost of
the three elections for tbis year, Pri
mary in April, Btate iu June and tbe
I'reaidbutial iu November will amount
to probably uot leas than 93000, ao
that thea two items alone will exceed
the total amount levied for all county
prpoaea, aud aa the Examiner pointed
out in a tormer article on tbis subject,
that tho County Court will bave to
uae tbe pruning knife on every item
of expense for the next year to make
both ends meet.
A tax levy of 12 mill was made for
County Roads. This small levy was
made this year, no doubt, for roads,
for tbe reason that tbe Road Law has
been so changed as to make each road
district a Unit for tbe purpose of
building and repairing County roads,
aa the new road law, which ie modeled
after the school law, provides tbat the
taxpayers of each road district may
levy such a tax, at a meeting called
for that purpose, for road purposes as
may be deemed neceasry to build
and improve tbe roads in their dis
trict. Tbe Court alao made a levy of 7
mills for tbe purpose of completing
tbe Court Houae building, so that the
total tax levied for all purposea,wbicb
the taxpayers of tbe County ill bave
to pay is 17. 1 mills.
This amount does not include tbe
special levy made by tbe town of
Lake view and alao by the several
Bcbool districts of the County.
Tbe town of Lakeview made a tax
levy of 9 mills for town purposes and
tbe Lakeview school District levied
1.8 mills to pay the interett on its
1 bonded debt, so tbat the special tax
levied on tbe property values of Lake
view amounts to 10.8 mills, 01 one
half a mill more than tbe entire tax
levied for state, school county, and
road purposes combined, which
mounts to only 10. i mills. Paisley
school District has a special levy of
2.4 mills, and Silver Lake School Dis
trict 6 mills, so tbat the taxpayers in
Lakeview will pay a total tax of 28.1
mills. Silver Lake 23.3 mills and Pais
ley 19.7 mills, while in all other por
tions of the county the tax levy will
be only 17.3 mills.
Resolutions
Hall of Lakeshore Lodge No, 77.
A. O. U. W.
Lakeview Ore. Jan. 23., 1908.
To the Officers and Members of
Lakeshore Lodge No. 77 A. O. U. W.
Whereas. Tbe Supreme Ruler of tbe
Uinverse, in hla infinite wi adorn, baa
removed from our midst. Brother J.
8. Dewey, who died in Glendale, Or.
Jan. 10, 1908. Therefore, be it
Resolved. That aa we mourn the
loss of our departed brother, we know
be baa not lived in vain, but in oar
minds bis life will draw us closer . to
the beautiful teaoblnga of our Older,
living not for ourselves but for eaob
other aa well.
Reaolved. Tbat Lakeshore Lodge
No. 77, extend its heartfelt sympathy
to tbe bereaved wife.
Reaolved. Tbat a copy of these
resolutions be spread 00 tbe minutes
of tbia Lodge, that a copy, under seal
of tbe Lodge be transmitted to the
wife of tbe deceased. And a copy be
sent of the Lake County Examiner for
publication.
.- Fraternally Submitted,
( Mary v. Moss.
Com. ( VidaUunther.
( Selma Price.
Nineteen New Heasures
Tbe Examiuer wrote to tbe Secreta
ry of State for a list, of tne measures
to be considered under tbe initiative
and referendum lawa by tbe votera at
tbe polls in June. Not less than 19
measures will be on tbe ticket. Four
laws enacted by tbe last legislature
will be auject to tbe referendum.
Eight amendments to tbe constitution
will be considered, one of which was
submitted by tbe legislature and sev
en by petition. Six bills proposed by
initiative petitions, will constitute
tbe Hat of questions to be decided by
tbe voteia in June
Tbe blUs passed by tbe legislature
on which tbe referendum bas be en
Invoked are:
To Increase tbe anona) appropria
tion for the State University to
125,000.
To require railroads to l-stie passes
to all state, district and connty offi
cials. To appropriate f 100,000 for Nation
al (Juard armories.
T give Sheriffs exclusive control of
county prisoners.
Amendment to tbe Conatitn.ion for
which petitions have been file I are :
To increase tbe number of judges of
tbe Supreme Court from three to five
(by tbe Legislature. )
To give political parties proportion
ate representation in tbe Legislature.
To provide for the recall of public
officials and for the election of their
successors
To take from tbe District Attorney
tbe power of indictment and vest it
exclusively in grand juries.
To exempt certain property from
taxation.
To prevent tbe legislature .from a
mending or repealing initiative laws
(by tbe State Grange.)
To give to each city or town tbe sole
right to regulate its business bouses,
theaters and tbe like, on Sunday.
To extend suffrage to women.
Petitions for tbe following bills bave
been filed :
Tbe corrupt practice act, limiting
tbe amount of money candidates may
expend for campaign expenses. (By
U'Ren.)
Requiring all Legislative candidates
to subscribe to Statement No 1. B y
U'Rn.
For tbe division of Wasco county
and the creation of another county,
with Hood river as the coutnv seat.
By the people of Wasco county.
Prohibiting fishing for salmon and
sturgeon in tbe Columbia river above
tbe Sando. By Astoria fishermen.
Restricting tbe amount of fishing
gear employed on the Lower Colum
bia and providing a weekly and an
annual closed season. By tbe fisher-
D in of the Upper Columbia.
;iri th powers of the
of Portland in the iutere it of better
navigation on the Lower Willamette
and Columbia Kivers By tbe people
of Multnomah County.
While the actual cost of placing
these measures before tbe voters - can
not be accurately estimated, the Ore
gon ian bas figured that the cost to the
state and counties will be approxi
mately, 815,214. Act governing pro
cedure under tbe initiative and refer
endum requires tbe Secretary of State
to have printed, all measures, togeth
er with tbe arguments for and against
the measure, in oue pamphlet, and
mail each voter in the state a copy of
tbe pamphlet. County clerks are re
quired to furnish the secretary of
state with the name and address of
each registered voter in bis couuty.
There are about 100.000 voters in the
state, therefore the names and ad
dresses of these will have to be writ
ten twice, once by the clerk and once
by the secretary of state Tbe pampb
lets will contain 125 pages and the
postage on tbem will be tu,000. It
will cost $7,500 to print them, a part
of which expense will be borne by the
parties who furnish the arguments for
or against the measure. It ia estima
ted tbat the extra expense of printing
tbe ballots will be $1,000. Tbe envel
ops will cost $714- One thousand dol
lars is allowed in tbe estimate for
writing tbe names and addresses, and
owing to tbe increased number of
questions voted upon, it is estimated
tbat clerks and judges at the election
will draw $10.00 more pay.
Hammer sley-Bry ant
A very bappy event is scheduled to
take place at tbe J. O. Shell hammer
ranch in Crooked Creek valley next
Sunday at 11 o'clock. Prank, tbe eld-
I eat son of J. M. ilammersley is to
I t , . . 1 w n 1 I
De marriea to ansa 11 ora orjaui,
of Mr. and Mrs. F. B. Houston, ot
South Warner valley. The wedding ia
somewhat of a surprise to a great
many, as both young people were
raised bare, and people who bave only
seen tbem occasionally, bardly realise
that tbey bave grown Into manhood
and womanhood, and only after think
lng baok over many years could one
believe that sucb a thing aa love could
enter these young hearts ; . but time
flies' and tbey are both of age. Tbe
many friends of these young people
will be glad to learn of this happy
event. Rev. Armstrong will perform
tbe ceremony. Tbe Examiner extends
hearty congratulations, and best wish
es for a long and bappy life.
ORGANIZE FLOUR
MILL COMPANY
Papers Sent to the Sec
retary of the State
WILCOX, SHERLOCK, BUNTING
The Benefits to Be Derived From
a Flour Mill Iu Lakeview
Are Inestimable
The Lakeview Flouring Mill Co.,
was organized last Saturday evening
at a meeting held at the court bouse
called for tbat purpose. Dick J.
Wilcox, C. E. (Sherlock and F. O.
Bunting are the incorporators. Tbe
papers were sent to tbe Secretary of
state for filing. As soon as the papers
are returned stocks already subscribed
for will be issued, and other shares
will be put on tbe market. Tbis ia
one of tbe most important moves made
in tbia towu. Tbe needs of a flour
mill can hardly be realized by one who
has not studied the benefits to be de
rived. With a flour mill in lakeview,
every team leaving here for tbe rail
road after freight ,will load nut with
flour. Every farmer will raise wheat,
and where now stand high sagebrush
will aoon be waving wheat fields, and
Lake county will then see its impor
tance as a food stuff producer. Thous
ands of farmers will find room in tbia
county when a market is , made for
what they ca 1 raise. Hogs will be
raised and mi. le into bacon to supply
the local dem -id, which is now sup
plied by bacun from other places.
Farmers will not live without keeping
cows, and tbe butter now made la
some other country and shipped here
at a big expense, will be produced
riittit here i.titfCaie. each farmer will
! have bis Jfclwgrd. and t;aiae the apples
and other fruits tbat take so readily
in every market in the world today.
See what tbe consequences of a flour
mill in the world today. See what
the consequences of a flour mlil w ill
be in Lakeview. It cannot come too
quick.
Miss Mirth' Boone and Mr. John
B'ammer were mairied in Reno on
the 24th of January, and immediately
took their departure for Kansas,
where tbey will spend theii honey
moon. Tbe happy young couple are
now located at Ellsworth, Kansas,
where tbey will remain for a while,
at least. Miss Boone was raised in
this county, being tbe daughter of Mr.
and Mrs. Daniel Boone, and baa many
friends here who admire and love her.
Mr. Brammer has lived in Lakeview
for the past two or three years and
gained tbe friendship of everv one
whom be met. All will joiu in con
gratulating Mr. Brammer on winning
ao sweet a young lady.
Tbe baud boys returned from Pais
ley somewhat, scattered, but they all
came back. Thy report having bai a
good time, and say their dance was
well patronized. Tbe receipts were
$75, and while tbey paid it all out for
expenses of the trip, they do not re
gret having gone. They speak in very
high terms of the treatment tbey . re
ceived at tbe bands of the Paisley peo
ple, and wish Paisley was closer, ao
tbat tbey could visit tbat beautiful
little town oftener. Some of the boys
had never been there before, and
were astonished to find such a pro
gressive and pretty village.
T.'J. Cleeton, a prominent attorney
of Portland, bas been chosen by tbe
Oregon delegation as U. S. attorney
for Oregon. Senator Bourne bas
withdrawn the nomination of Chris.
ScheubeL and as Mr. Cleeton was a
friend of all tbe delegation, bis name
will probably be presented for nomi
nation by tbe president.
Tbe Jury in tbe John II. Hall con
spiracy case returned a verdict of
guilty after 3 hours' deliberation .
Tbe charge upon which Uall was con-
vioted is punishable by a fine not to
exceed $10,000, or imprisonment not
to exceed 2 years.
IL P. Belknap, of Prinevllle, is a
candidate for jolnt-reprsaentatlve
from this district Mr. Belknap bas
served in tbis same capacity at tbe last
legislature, and is a capable and hon
est worker
1
I