Lake County examiner., March 26, 1908, Image 1

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LAKKVIKW, LAKK COUNTY, OREGON, THURSDAY, MARCH 20, UK)8.
NO. 13
VOL. XXIX
HOMESTEADER
IS THE LOSER
Com m i 55 loner Affirms
Register's Decision
MENDENHALl AGAINST TAYLOR
Abandonment and Non-Cultlva-tlon
Charjccd.-t-ack of Proof
of Cultivation
Washington ,!). U, Mar. 10, 190H.
William W. Meudeuhall,
v.
N. W. THyh.r.
Register and Receiver, Lakeview,
Oregon.
Kim:
November 29, 1907, you transmitted
the record in the above entitled cane,
w herefrom It appears that on July 1,
ItKiri, N. Waldo Taylor, a.adoll. K. No.
:UW7 for the V. lmlf. NW quartet. NK
i uarler SW quarter, iiikI the NW quar
ter KK ouarter Sec. lUTWS.. R. 10
... t
K. March 1H. 11J07. William Meudeu
hall (He. I hii affidavit of contest against
alii entrv. alleuluir ulmml'illineut of
t tit) laud fur more tlian six in out hit,
ami failure to cullivate tho name nK
renuired by law. After due notice,
both part les sppeared buforo you June
I), 1907. l'luintiir Introduced tostl
in ony, at tlio conclusiou of which de
feudnut domuried to tho sufllcleucy
thereof, and moved that tho content
lie dismissed, on the ground of Insiittl
lont proof, and further, that the cou-
teat wait collusive uud speculative
Yuu report that upon consideration of
the testimony, on June 1.1, 1007, the
motion lor dlsijLiaoul or tho the con
tent was overruled, aud defeudaut
waived the privilege of Introducing
further testimony. Upon considers
Hon of tho merit" of the case, the
Register found that the allegation of
the couteat affidavit ban been estab
lished, and recommended that the en
try be cancelled. The Receiver found
that the tcHtimouy failed to sustain
tho allegations of the content atlldarlt,
and recoinninndel that tho couteat be
dlHlmlfeod. In transmitting tbli case
you report that no appeal baa been
filed.
The testimony in thin rase shows
that there la upon the land lu question
a Ion cabin about 10x11 feet in di
mensions, sufficiently furniahed for
habitation. Plaintiff inspected the
olattn in February, 1907, defeudaut
uot being fouud thereon. He fouud
onie muaty food in the houso, and
other signs of former presence, but
not such as would indicate permanent
residence. No indications of clearing
orculitvatlon were present, the ground
being then covered with about one
aud one-half feet of snow. John
Stlndt teatifled to having made curso
ry trips over this land in October,
190(1, and in January, 1907, and to
have examined the timbor on each
forty acre subdivision, in May, 1!X)7.
Ou none of these occasion did he
lad tho defendant ou the laud, or see
uvldenoe of clearing or cultivation,
Thia witness stated that tne land was
heavily timbered, containing about
three million fot of good timbor. J.
Hillings assisted defendant lu moviug
tils cabin, about September, 1900, be
then noticed uo signs of cultivation.
The two last mentioned wltuesses tes
tified that defendant was eugaged as a
barber at Silver Lake, some miles dis
tant from tho land, since making this
outry, but the extent of such employ
ment is uot clear.
While the testimony in this case is
hardly sufficient to show default ou
defendant's part as to residence, it is
well established that he made uo at
tempt to cultivate the land, Flalutltt
and Btindt appeared to htv carefully
examined this land and fouud do evi
dence of cultivation, and though at
the time of plaintiff's examination
Ihere was snow on the ground, If an
attempt to cultivate bad boeu wade
vldenoe thereof would have been open
to observation In view of the heavy
growth of timber on the Uad. Stress
was laid la the cross-examinations of
the witnesses as to the possibility of
an acre or half au aore of this laud
having been cultivated. If dofendant
had made an attempt to cultivate any
of this land la some secluded spot uot
open to an Inspection of each forty
acre subdivision it was his privilege
and duty to disclose the fruits of hi
li.l.nr and vain the benefit thereof.
Considering the valuabl llmlr upon
this land tho defendant's failure lo
cultivate the land In connection with
I.a Inriist.h of time that has elapsed
since the entry was made, nearly four
years, this ofllce is or the opinion inai
the entry was not made In good faith
and that defendant has failed to fulfill
the requirements of the Homestead
lu an in cultivation. The action Of
the Register is accordingly affirmed
and the entry held tor cancellation
subject to right of appeal. Theactlou
of tho Receiver is reversed.
Ho uolo on your records, notify the
parties In Interest, aud defendant of
Id right of appeal to tho Department.
Respectfully,
8. V. Proud fit.
Assistant Commissioner.
Senator Fulton a Victor
President Roosevelt and United
Slates Senator Charles W. 1'ulton are
ou a friendly footing, and the Presi
dent him suggested to Francis J. llen
ey that he drop further attacks on
Fulton.
While Fulton's victory in the matter
of relecllng a United Stales Attorney
discloses a friendly feeling between
the Senior Senator from Oregon and
tho President, there is said to tic
even stronger evidence that Presi
dent Roosevelt arid Fulton have
burled the hatchet. All the time
that lleney has been interesting him
self in Oregon affairs It has been
suspected that he was trying to "get
something on" Fulton, and when be
did uot have evidence that could hold
water in court, lleney went luto a
church and made his attack on Ful
ton. Tnat Ueney wac after Fulton nt
tho suggestion of Roosevelt was also
suspected, owing to tiie friction be
tween the Senator and the President.
Now there is a change. With the
frieudliuess between Roosevelt and
Fulton conies the report from Cali
fornia that Heney's intention to
ilrw Fulton's repi t. lis .hurch
speech, and then come to Oregon
aud make further allegations on the
eve of the primaries. lleney. it Is
said on good authority, will not
come to Oregon to attack Fulton,
uor will he prepare his attack and
send it to tho newspapers. In otbei
words. Htuy is said to have bten
"called olf " by Roosevelt,aud instead
of wauting to see Fultou wiped olf
the map, as bad been his desire,
Roosevelt Is now well satisfied with
the Oregon Senator.
'This understanding between the
Chief Executive and the Senator
came about through the stand Ful
tou has taken on a number of impor
tant matters, and when Roosevelt
needed votes to support him on
several issues, Fultou was with bloi.
The effort to recover the railroad
land grants is one of the principal
factors lu t riuglug Roosevelt and
Fulton together, as well as Fulton's
railroad amendment and his amend
ment to the Interstate Commerce
law. All these are matters in which
tho President has been unusually
absorbed, in the railroad amond
ment, Roosevelt was delighted, but
not tor some time was be informed
who had drafted the measure.
Pioneers Visit Lakeview
"Uncle Tommy" Brattaiu and wife
were down from Paisley last week aud
made Lakeviow a visit that our people
appreciated very highly. Mr. and
Mrs. Hrattalu wore among the first
settlers of this section of country,
which was all Jackson county, when
they camo here. They oamo luto
what Is now Klamath county in 1309,
aud moved to this Bide of the county
in 1874, and have lived here ever since.
There aro but few of these old laud
marks left that marked the first set
tlement of what was then the "Wild
West." Mr. Urattaln was Sheriff of
Lane County before coming here,
which change was occasioned by bis
wlfes ill health, lie was the first
Sheriff elected lu Lake oounly, and
was always reckoned as one of the
substautial citizena of this county ;
bis counoil la all matters of the pub
lic welfare baa been eagerly sought,
and freely given. It la Interesting to
bear these two elderly people toll of
early day life lu Lake county. Theirs
is, indeed, an important chapter In
the bistory of the country they bave
been instrumental lu developing. Mr.
II. A. Drattaiu, wbo la a candidate
on the Republican ticket for the leg
islature Is a boo of these old pioneers.
LAKE COUNTY
COMMERCIAL CLUB
Organized Honday Evening Incor
porated With Capital of $3,000
The Lake County Commercial Club
was organzed Monday evening at the
Opera House, with sixty members at
20.00 each. The matter of organlz
ailou ass thoroughly discussed and
It was decided to incorporate with
a capital stock of $.')0tX).00. The
meeting was called to order by J. N.
Watson, who was elected temporary
chairman, and W. F. Paine temporary
secretary. A committee composed of
A. Bleber, V. 1 Sutlling 1. V.
loward the Other Shore
ITvss: !'aiji or Vi'Tohy
As we sat In silent wondr
In cir chair upon the floor,
It wss then we heard a rumbling
Jut a rumbling, nothing more.
We sat still aud listened gravely
As the noise csme through the door
If nt we could not quite distinguish
What it was that caused tbe roar.
Full five minutes did we poudr,
Pondered deep, as ne'er liefore
Then said we, 'tis wind that's blowing
Just the wind and nothing more.
Once BKain there came that rumbling,
A little louder than before.
We could bear it now ditiuctly
Coming tnrough our otllce door.
Slowly we arose and listened,
Trembling at the dibtauf roar,
Surely 'tis the wind we told us,
Tbo gentle wind aud nothing more.
Stood we still but scarcely breathing
Lest we'd hear '.hat uoisesome more.
We just stood aud xhook aud t rem tiled
As we never did before.
Softly stole wo to our window
(Tbo' we never "stole" before)
Then wide ope we flung tie shutter
'Pale face' stood there, nothing more.
Hist, O Ood, aguin we hear it 1
Louder, louder than before;
Up we spraug but fell a sprawling
Sprawling out upon the Door.
There we lay as one a dreamiug,
Dreaming of that other shore,
Aud we thought our day were over
As we lay there ou the floor.
Psle and batigard, faiutly rose we,
Sweating from our every pore,
Then the light broke iu upon us
As we opened wide our door.
Right before us was the demon
That we'd oftimes seen before:
"l'wastbst bloody, bloomiu' Court
House
Moving toward tbe other shore.
Welch.
Call for Special Term of County Court
Whereas, it appears from the pro
ceedings of tbe Coroners Jury, which
was duly linpannelled to investigate
tbe cause ot tbe death of Julius Wal
lende, of Sliver Lake, Oregon, that
the crime of murder was committed;
that in order to secure tbe arrest and
conviction of the party or parties
guilty of tbe crime, a suitable reward
should be offered by Lake County:
It is, therefore, hereby ordered that
a apodal term of tbe County Court,
of Lake County, Oregon, is called to
meet at the County Court Room, iu
the towu of Lakeview, Lake County,
Orogon, ou April 7th 1908, at 10, o'
clock in the forenoon of said day, for
the examination, consideration and
determination of the following matter:
For tbe purpose of offering a suit
able reward for tbe arrest aud conv lo
tion of the party or parties guilty of
the atrocious murder of Julius Wal
londe, at Silver Lake, Oregon.
It is further ordered that the Coun
ty Clerk, of said County, prepare two
certified copies of this order and de
liver same to tbeJSheritf of said Coun
ty, who is hereby directed to forth
with serve one copy thereof upon each
of tbe Commissioners of said Couutv
and make due return thereof.
It is further oidered that a copy of
this ordei be published for the infor
mation of tbe public.
Done at Lakeview, Orogon, this 25th
day of March, 1108.
B. DALY,
Couuty Judge.
Excursion to Crooked Creek
Mrs S. R. Chandler, chaperoned a
party of young people to the Chand
ler ranch in Crooked Cieek last Fri
day, spending Friday Saturday and
Sunday at that plaoe. " A jolly good
time" Is tbe report from tbe young
people, and "Obi suob good things
to eat". Tbe party attended a dance
in tbe Crooked Creek school boue
Friday night and an enjoyable time
was bad. Tbose of the party were:
Misses Lore Chandler Edna Pendland
Gladys Chandler Eva Clark, A. Stork
man, George Chandler Geo. .Boone.
Mr. and Mrs. .Elmer Ahlstrom went
with tbe party also.
Conn, Dick J. Wilcox and J. 8. Lane
vest appointed on organization. A
committee was appointed to draft a
cotiHtitution ard by laws, composed
of W. II. Shirk, Wm. F Paine and
W. H. Snider.
The club will likely buy ground and
erect a two story bull ling, and add
such features as may seem to tbe
members advantageoua to the canie.
A vigorous campaign will be inaugu
rated at ooce for the de'elopmeot of
every interest in Lake County.
School Notes
James Bernard has discontinued his
9th grade studies, fcr some reason
w hich we did not learn.
Emily Ay res has been abesnt from
the 10th grade for several days on
account of sickness.
Ted McKee who was abseut from
the 10th grade for several dsys was
back at his post Monday.
The High School boys are becoming
quite interested in base ball. Tbey
have organized a team and with
practice will be able to play fairly
good ball.
Tbe large boys in the Professor's
room are being thoroughly drilled in
bow to march in and out of tbe build
ing without oamsRiug tbe furniture
or crushing the floor through.
The time for tbe 8b trade final
examination is drawing near. Tbe
review work Lbs leun, therefore
atmence means failure.
Con e to tbe basket ocial wltn a
well filled pocket book and tbow
that your heart It In tbe rigbt place.
Come prepared to help tbe High
Scb.iol boyi, also to help the pretty
girls eat tbe goodies tbeir baskets
contain.
The 13th grade are working so
hard that by tbe time the examintions
are over they will be so tbin tbey will
bave to stand twice to make a shadow.
Work Is Delayed
All improvement work projected by
the Forest Service upon the Ooose
Lake and Fremont National Forests
has been postponed indefinitely.
It was formerly stated that work
l would begin April 1, upon which many
'men were to be employed, but owing
to an increased amount of other ad
ministrative work the necessity of
tbU delay has become apparent.
However, the improvement work will
again be undertaken sometime in May.
Death ot C. L. MitchelMnnes
Chas L. Mitchell-Ion is died at Hotel
Paisley last Thursday morning, March
19, 1908. of Brigbts' disease. His
demise came not as a surprie, as bis
condition has been gradually growing
worse for several mouths, but as a sad
blow to everyoue wbo knew bim, and
bis circle of friends and acquaintances
was wide, indeed. No more whole
souled, good aud free hearted man
ever lived than Charley Inoes. He
was tempered, to at any and all times
meet aud interest, from the smallest
child, to those burdened with care
and old age; he was tbe friend of
every one, and money was nothing to
bim when there was a chauco to spend
it for the comfort and pleasure of
others, and opportunities like tbis
did not seek bim; be sought the op
portunity. To show bis generous
spirit: When a friend undertook to
buy something for bis pleasure, be
would accept tbe proffered gift with
all grace, but never allowed tbe friend
to pay for it, be paid for it himself.
One bad to know him to appreciate
tbis, but it was bis noble character.
His gentle dlspostlon, and beautiful
manner, must bave been known to ful
ly undrestand tbis phase of bis char
acter. He possessed the gentle kind
ness of a perfect gentleman.
Chas.L . MitchelMnnes was born
in Scotland of a Royal family, and was
one time very close to inheriting tbe
old estate and tbe title of Earl. He
was 65 years old last Fall. He came
to America in 1871, and settled In
Gbewaucan valley, where he engaged
in sbeep raising with his brother
James E., In which business tbey
continued for many years, until a few
years ago tbey sold tbeir sbeep and
Invested tbeir money in cattle. Three
years ago be and bis brother dissolved
partnership and tbe cattle and most
of the land was sold off. He, bow
ever, retaining a large tract of land
in Summer Lake valley, where he
made bis borne. Mr. Innes was never
married, and be and Tbos. Sherlock
lived together tbe past few years.
Mr. Innes has three brothers, two in
England, and J. E. M-Innes, who re
aided near Paisley for many years,
but wbo now lives in California, l-o
one sister, Mrs. Mary Grsce Donovan,
of Edinburgh, Scotland.
Mr. Innes left bis estate, !". 000 to T.
II. Sherlock, $5,000 to tbe little
daughter of Tom Innes deceased, and
11000 to J. Simmons, of Lakeview.
Tbe balance to he equally divided
between bis brother James, and sister
Mary. Tbos. li. Sherlock was ap
pointed executor, without bonds.
Tbe body of Mr. Innes was burled
in the Paisley cemetery last Friday.
Tne entire community was present
at tbe funeral.
Why Ruef Is Rich
FroL? tbe story told by Wm. J.
Burns, tbe government's special de
tective, while on tbe witness stand in
tbe S. F. Bulletin libel suit, it is not
surprising that Abe Ruef became rich
by Itsps and bounds, and tbe super
visors of San Fraocico, corrupt.
Summerlzed, Burns testimony is as
follows :
Reuf received J 18, 000 from the prize
fight trust. For having the gas rate
fixed, be got $20,000, half of wbicb
went to tbe supervisors, Ruef and
Schmitz dividing tbe other half.
Ruef was placed on tbe gas company's
payroll at 81200 a month.
Ruef was also on tbe payroll of the
Pacific States Telephone Co., but
when tbe rival company offered bim
1120,000 to get tbe franchise be ac
cepted, half tbe amount going to
supervisors, Ruef and Schmitz divid
ing tbe other half. '
Ruef confessed that be received
1200,000 from Tirey L. Ford, gener
al counsel of tbe United Railways in
tbe trolly franchise deal. Of this,
S100.000 be d-.vided witb Scbimtz, tbe
supervisors getting all but (11,000 (of
tbe rest. Tbe 111,000 has not been
accounted for.
Burns testified that Ruef told bim
that he and Schmitz were to divide
tbe balf million made on tbe water
deal, and that a balf million was to be
divided between tbe supervisors.
Horses to Market
L. J. Rose passed through Bonanza
Wednesday morning with 52 bead of
mules which be purchased of John
Wells, of Bly, paving $105 a bead for
them. They were being driven to
Merrill, where be has 12 bead wbicb
be purchased last Fall from the 70
ranch in Drews valley. He will stop
at the Davis ranch and gather up 30
bead more that be purchaed from Mr.
Davis on his trip out to Bly. He
will then drive to Montague, where
be will ship to Oxnard. Cal. He also
bad several ponies which he is taking
along with bim, as be says tbey will
sell for enough to pay for tbe ship
ping of tbe mules. Bulletin.
Supposed nurderer Skips Out
A man named Alec Hamilton stole a
horse at Silver Lake last week and
skipped tbe country. He is supposed
to be the murderer of Wallende, and
a hot pursuit was at once instituted.
The last beard of tbe fellow was to tbe
effect that be bad left bis horse in
Klamath county and the officers had
him corraled in a swamp Hamilton
bears a bad reputation. He is tbe man
wbo paid Wallende $90 the day the
latter was killed and robbed.
Elzie Llnville took tbe contract for
moving tbe old court bouse from tbe
court yard to tbe lot north of Flynn's
saloon for $100, and commenced the
work last week. The building is now
oo Water Street, and. though moving
slowly, it is going -some. j.be first
day's work convinced Elsie that be
bad a bad bargain, and be "m raped
the pob, " and hired to work by tbe
day.
J.B. Auten, who spent last Summer
la Lakeview. engaged as a timber
cruiser and locator, returned first of
this week from an extended trip Into
California. Mr. Auten was accom
panied by F. I. Everett, tbe hardware
drummer, wbo took a large order from
Auten. Mr. Auten has leased the
Daly building formerly occupied by
the Library and when bis goods ar
rive will open a store there. It Is to
be hoped, and ' is .believed, that he
will be successful. in bis venture.
THE E!
PROPOSED LAWS
Takes Up Discussion of
Referendum Measures
NINETEEN WILL BE VOTED ON
First Referendum Measure on the
Ballot Is Increase of the Pay
of Legislators
It is tbe purpose of Tbe Examiner to
give all tbe information possible re
garding the various Initiative .and
referendum laws and amendments up
on wbicb Oregon electors must vote at
tbe approaching election, in tbe hope
of assisting tbe peoplo to vote under
standing for or against these meas
ures as may to them seem best. Our
statements shall be as concise as we
can make them so as to present cltarly
the substance, meaning and effect of
these measuers as defined ty those who
bave proposed them or caused tbem to
be proposed.
We will be pardoned, no doubt, if
at any time, we should think it our
duty to express ou convictions on say
of tbem, as we also open our columns
for short communications from oar
readers giving reasons for tbeir own
positions. We don't, however, pre
sume to instruct others. We believe
tbe people are capable of governing
the County, and have a right to any
law their judgment approves, and we
have more respect for any free act of
tbe people than we ever bad for what
tbe tools of bosses did.
No. 300, Yes.
fto. feJl, No. Tbis is an amendment
to tbe constitution of tbe State pro
posed by tbe last Legislative Assem
bly providing that, "Members of the
Legislative Assembly shall receive for
tbeir services tbe sum of four hundred
dollars for each regular session, and
when conveted in extra session tea
dollars per day. They shall also re
ceive their traveling expenses Jby tbe
most usoal route.
"Members of tbe Legislature now
receive ten cent milage aud three
dollars per day while in attendance.
Tbe effect of tbe amendment will be
to increase tbe pay of members one
hundred per cent, and probably more.
Three dollars per 'day is not large
for good work in tbe legislature. It
is, however, three dollars more than
some of tbem bave earned.
Better pay might, in some instances,
secure better, more honorable and
capable men. Tbe increase, however,
woold be no great inducement to a
man of real ability. We bave tried
to treat tbis matter fairly.
The Transportation Question
We understand that tbe Mclntire
Transportation Co., of Kl imath Falls,
contemplates establishing a through
transportation system fromi Dorris,
the present northern terminus of the
California Northeastern railrpad, to
Klamath Falls.and through .to Lake
view, providing arrangement can ha
made with Lakeview business men by
which this company cau 'secure the
shipping business of this tqwo over
Southern Pacific to Weed, and the
California Northeastern to Dorris.
It is stated that freight can be laid
down at Dorris for $1.50 per hundred
from San Francisco, and tbe passenger
rate is $15. It would be , impossible
for tbis company to compete with oar
southern transportation lines, if tba
N. C. O. was forced to a -reasonable
rate for freight and passenger traiUo.
Tbe passenger rate from San Francisco
to Reno, over the S. P., .a distance
of 244 miles, is now $0.05, while fioru
Reno to Likely, over the N. C. O.
a distance of 158 miles, the rate Is $12,
nearly four times as much, per mile
as tbe S. P. charges. Tbe freight
rate from San Fianoisoo to Reno is
about $1 per hundred, and from Reno
to Likely is about 00 ceifca pe hun
dred, and 10 cents per hundred for
handling at Likely. Tbe team rate
from Likely to Lakeview is 75 cenU
per hundred, making a through rate
from Sau Fancisco to Lakvelew of
12.75 per hundred. The through
passenger rate is $25.05.