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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (March 26, 1908)
wtiutw 7 nq 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.