MtWMi
VOL. XXIX
LAKKVIKW, LAKK COUNTY, OKttUON, THURSDAY. APRIL 9, Utjo,
NO, 15
CONGRESS ENACTS
NEW LAND LAWS
AIIowh Additional home
stead Kights
IXtttSlON ON DESERT PROOFS
l.ntrymen Who Relinquished to
Corporations or Sold Tor
Profit Are Barred
An act or Congreis of February ,
1908, allows a person otherwise puali
Hod to make a second homestead cut ry
where such person. Ims muds and lout,
forfeited, or abandoned a former
hoinebtead mtty rlor to tli paahage
of al l act, and mii'li former eutry was
not cmicolod for fraud 01 abandoned
or relinquished for u consideration.
Tbo person applying to make second
ho'iioitcii'l entry under tliln Hct trniwt
Ills in tho local laud otiioo an appll
cation to enter h specific tract of public
laud subject to homestead eutry, uc
oiniifiiilel bv lil tiftl'ittv it executed
boforo mi officer authorized to aduiln
liter oaths lu homestead easea, stating
description of former entry by sec
1 1 on. towiihiilii, aud ruiitfe number or
nnmtxir of entry nail name of luod
ofllce where made; date of entry;
when ho lont, forieltod, or abHudouod
the same; that it waa not canceled for
frsud, and whether lie reoled any
thing for nlBiiclonliK hi cluiiu or re
llnquiahliig tho entry. This Bttldavlt
must bo corroborated by the affidavit
f one or mora pornouu tmvioif krv!
0-1 mi of the furtH relative to the
abandonment of hi 4'lxiii) or the r
liniuiiihtuPiit of tho former entry,
which corroborated ntlMay.lt may bo
executed before any office authorized
to administer oaths, and having au
offlcllll SI'lll.
Hoc! Ion 2 of tho net of June f, 190C,
' allow a second homestead entry to a
person otherwise qualified who, prior
to tho date of the ui't, made homestead
"Utry nml commuted suuie, but such
nocoud enty I not subject to aommu
Intlon, Tho act of May 22, 1902, allows a
second homestead eutry to a peraon
tithorwirio qualitlod who, prior to May
17, 1900, made ami perfutcod n ho.no
Mtead entry, paying thtirufor tho price
provided iiiidor the law opening the
land for settlement, but to which land,
hail he not perfected title prior to
1 he date mentioned, hn would huve
Ikioii entitled to receive a patent with
out payniont under the "free home
act". Said act does not allow com
mutation unless proof auhmitted on
laud ilrt entered shows five year'
residence.
A perou applying to make second
utry under the provision of the acta
described in paragraphs 3 and 4, of a
specific tract of public land aiitijuct to
lioin iseud entry, mo hI, file witu such
appliciition hi affidavit,' decsriblng
hia origiuul eutvy by auction, towu
hip, and ruuge uuiuhers, or number
f tho e itry ami name of tho land
office where made, date of tho entry
mid dnt6 when dual entry wus niudo
therefor. As tho facta required to bo
ttho-wu in support of molt aiplicatiou
tire matters of record no corrobora
tion will bo necoHMtry.
The following rule will govern the
action of Kogisteis and Receiver up
on homorttoad commutation proof
hereafter Hiibmitted :
Oommiitation proof olToiud under
n homuHtead entry niadu on or fftcr
November 1 1907, will bo rejected uu
Iohh it be ahown thereby that the en
tryman hua, iu Kod faith, : actually
realded upon and cultivated ttio laud
ombraced in uuoli entry for tho full
period of at lount fourteen mouth.
Where audi commutation proof la
olferod under an entry made prior to
November 1,11)07, if it bo atttiafuctorl
ly.ahowu thereby that the eutryniau
had, lu ood faith, eatubliuhud actual
reaidonce ou tho laud within six
moiitha from the date of hia eutry.
An act of cougreaa, approved March
t!H, 1008, provides that tbo right to
mak entry of deaert laud uuder the
prior acta of oourveaa, BhaQ be re
atrlcted to surveyed public lauds of
the character contemplated by said
acts, and no such entries of uour-
reyed land ahull Im allowed or ma la
of record. Excepting where an Indi
vidual has Iiokoii the reclamation of a
tract of desert land not exceeding 3'20
acres of unaurveyed lands under the
prior act, who will be allowed the
preference rltfht to make eutry. The
nine act piohlbits the sultfunient of
any such entrr to any corporation or
aaaoclatlon An extension of time I
alao h I vu the rntryniau, who, throuxh
aiiine unavoidable delay In the con
struction of irrigation works, Is uu
able to make proof of reclamation of
the land, of not more thau three
year in which to complete the .recla
mation an I cull 1 vat nil a required by
law.
ConKrcm, ou March 20, IIKIS. pnnd
the followlnu: That auy pi'rTn who
prior to the pannage of thia act has
made entry under the deaert land
law, but from any cauae haa lont,
forfeited or abandoned the same, uliall
bo entitled to the benellts of the deoei I
laud law an though auch former entry
hinl not been made, and auy peraon
applyiiifi for a aucoud denutt land en
try uuder thia act ahall fnrnlwh the
leiH-riptloii and dato of hi fornar
entry: Provided, thnt tho provision)
of thia act rhall not apply to auy per
son whone former entry waa BKHltrned
in whole or lu part or cancelled f' i
fraud, or who rrlluipiiahed the former
entry for a valuable ronniderat ion.
llnAter 5ervlce.
Ou Kinder Sunday (April 10th;
the
the
Cnhtolit's wilt have lli'ti Miihh iu
Opera House at 10 a. in.
i'KOURAM.
Second Msmh in F, Marr.o
Accompauiht atid director,
Mix Laura Snelllun
CHOIH.
Minnea F.dna lVnlaud l-ora C'liand
ler, Eva Clark, Kay lUrnea, LeuuMc
Shane, Dertha Lolftua, Marie McShane
Myrble Ilahn, Vlunie llendersou, le
in O'Shea, Mary O'Sheu, Klnia Chaud
ler, Vale I-offtns
Kyrle-Duet Ml Edna Pendland
" Lena McShane
tilolla lat Soloa,
2nd Soloa
Miaa Eva Clark
" Marie Mi-Shane.
Miaa Tay llarnea.
" Leua McShane.
Credo lat Solo
Miaa Lora Chandler
" Lena McShane.
2.1 Solos MIh8 Eva Claik.
" Marie McShaue.
:ird Solos Miaa Lora ("handle,
" Leua McShane.
Sauctua Solos Miaa Louiae Arzuer,
" Derthu Loirtua,
" Elma Chandler.
Lartfo Handel Lnkev lew Orcheatra,
Prof. O. E. Rice, Prof. C. CJ. Price,
Miaa Ii. Snellintf, Mr. Oeo. II. Ayrea,
Mr. Cbaa. Wallace.
AK'ie Del-Soloa Miaa Eva Clark,
" Mario McShane,
" Lena McShaue,
" Lora Chandlor.
tU'iiodictlon with toe illesaed Sacra
ment.
"I'arKO lingua" and Tautuin ergo"
sum; by the choir.
Paitna Faure, Lakeview Orcheatra.
Kov. I. A. Vaata, S. J Paator.
Initiative and Referendum
:WXi Yes.
30" No.
This is an amendment proposed to
tho State Constitution providing for
change iu tho timo of holding the
biuuuial elections from tho first Mon
day in June to tho first Tuesday after
tho first Monday iu November,
The purpose of this ' amendment is
to cause elections for State, Congres
sional and Prosideutiul elect lono to
occur ou tho same day. It should
pass vote 30(1.
308 Yes.
309- No.
Tho elector is safe iu voting 300, It
has reference to custody of Prisoners
in County Jails and ought to bo voted
for only by those who know of a sut-
tlclont reasou for it.
This is a referendum act of tho Leg- j
ishiture
310 Yes.
311 No.
This is a reforodum Act providing!
that railroads shall give free passes to ;
State Oflluers, County Judges and
Sheriff. Vote 311 by a'l means. This
measure ought not to fail of a uegative
vote by every elector in Lake County.
It would be as reasonable to compel
railroads to do any other service with
out pay. Tbey pay for all their privil
eges. Private proporty is never con
demed for the use of railroads without
Compensation to the owner. Finally,
this amendment makes no distinction
as to whether the oflloer la traveling
ou publlo busmes, or la on a vaoatiou
for rest, or ou bis private business.
Vote X 311, and you my be sure you
are right.
COUNTY COURT
OFFERS BIG REWARD
One Thousand Dollars For Capture
of Murderer of Wallende
Lakeview, 0(;e((on, April 7tb 1058.
County Court met in conveued ses
sion, piirpauiiiit to an order duly Is
sued by the County JudH, at which
were present, li. Ualy, Jude. C. W.
Dent, and II. It. Heryford, Coomiia
(doner, Albeit Dent, Sheriff, and K.
N. Jiupilnh, ClurK, at which the fol
lowing biixine-s was transacted, tow ic:
Wlieri-HH, it appears from the verdict
of the (.'oroiiers Jury, wnich was duly
ImpHiiueled to InvebtiKttte tbe cause
of the death of Julius Wallende at Sil
ver Lake, Orexoii. that the crime pf
murder wa committed, it, therefore,
heroine thea duty of every Kood citi
zen, of this County, to aaHiat in every
way poaaiblo, the Olllcera of the law to
apprehend the party or parties iruilty
f aaid crime ao ttiat the law shall not
only be vindicated ami toe Kuilty
Basket Social a Success
The biibket social planned by tbe
High School for last Fri lay evening
wbb iu every way a complete success.
A a social affair it waa very enjoy
able and from a f inaucial standpoint it
far exceeded our moat hopeful antici
pations. Hy 8 o'clock tbe ba.kets had
all arrived, and after a short spech
by Mr. OHver the auctioneering began.
The bidding ws vigorous from tbe
(li st and at time became even siren -ous.
Several of tbe (baskets sold for
three and four dollar while only a few
went for less thau one dollar Tbe
basket bringing the most was that of
Miss Louise Btorktnonn. It represent
ed tbe snare Brum iu the Lakeview
Ctizeu's Hand and the price paid
was five dollars. Another basket
bringing a haudaome price was tLat of
Miss Millie He yu oils. It was tbe
model of a setee aud for It the buyer
paid M.75.
After tbe baskets were disposed of
tbe crowd seated themselves at tbe long
tables previously arranged and enjoy
ed the do icious lunches which the
bnskits contained. Tables Lad also
been arranged ou the stage and it
was aunounced that those who did not
purchase baskets would be served
..hi. t..... ... , i. ii .
underestimated tbe interest which
outsiders were taking in our work
and. us tho crowds flocked to1 the I
tables tbe supply which had been pro
vided was speedily exhausted aud
many went away disappointed because
the refreshments were short.
While all the baskets were very neat
in apperauce there were a few that
deserve special mention. Among
these were tbe tialaucing scales, Indian
wigwam, violin, model of the school
bnilding, "Old Oakeu Ducket" and
we:l curb, base drum, snare Hruui,
aud miniature setee?.
There were 48 baskets sold averaging
about f 1.30. Tho total amount netted
from tbo baskets aud ice cream wus
SG'2.3T. The boys are truly grateful
for tho patronage their effort received
and wheu arrayed lu new suits and
equipped with a now outfit, expect to
play ball that will make their patrons
proud of tbeui.
The Base Ball Game
Oue of the beet base ball games that
has been played for some time in
Lakeview was played last Sunday be
tween tbe Pine Creek team aud a team
gotteu up in ;Lukeviow for tho pur
pose. While tho score was wholly oue
.sided, beiug 8 to 0 in favor of Lake-
view, our boys had to play bard for
the honors. Tho score was a great
victory, but not easily won. They
knew rboy had beeu lu u game, lloth
touuis pluyed good ball. Such games
as this oue ore interesting and
worth
going a long way to witness. There
was a big crowd in attendance. The
Lakeview Hand discoursed sweet . um
slo at Intervals.
The line up was as follows:
Lakeview
Faulkner
Stlcksel
Powell
Heard
Uowau
Morine
Dutton
Reynolds
Posltlou
1 Base
J 2 Base
' 3 Base
Short Stop
R. field
O. field
L. field
Pitcher
Catcher .
Pine Creek
Vernou
Wade
Reed
Cook
Lark in
llammersley
Ballard
Uibblus
Lark In.
Wallaoe
punished, but that every citizen of
Lake 1'ounty may fuel assured of that
protection to his life and property,
which Is Kuarauteed to bim by the
laws of Or?ifon :
Now, therefore, iu conformity with
law and to the end that justice may be
done and the guilty punished; It is
hereby ordered that tbe County Court
of Lake County, Or-oo, while sitting
tor tbe transaction of County business,
having been conveued in special ses
sion, in pursuance to an order duly
issued by the County Judge, of said
County, does hereby offer a Kesarl
In the sum of One Thousand (11.000)
Dollars for tbe arrest and conviction
ot the party or parties who murdered
tbe said Julius Wallende at, Silver
Lake, Lake County, Oregon.
Court adjourned. '
Site For Flour Mill
(Iroun 1 has been selec'el just south,
and adjoining Cbaa. Rhodes' lot in
South Lakeview, 338 by 22o feet, for
tbe new flour mill
Hamilton Captured Again
Sheriff Dent received a wire from
Eugene Tuesday stating that the au
thorities are holding a man there sup
posed to be Ole Hamilton. Sheriff
Dent is tick in bed.
Failed to Get on Ticket
t J D. Farra, Democratic caudidate
tor sheriff, came down from Paisley
this week. Mr. Farra failed to get bis
name on tbe ballot through failure to
file blauk "f1 of h'8 Petition with
tbe clerk, but be will be a candidate
for tbe nomination, just thq same. R.
U. Jackson democratic candidate for
School Superintendent also failed to
get his name on tbe ballot.
Registration Books Closed.
Tbe registration books closed Tups
day evening. Tbe total registration in
tbe county is 801. Tbe books will not
be nnen MPuin till nft.Ar tlia nrimarr
' " -
ion. Following is the registration
R. D. scat, total
10C 58 6 170
18 24 42
83 31 1 115
10 7 21
20 H 43
18 15 33
74 38 2 117
91 3(5 5 132
10 10
2J 13 42
fx) 38 2 93
35 5 1 41
q;irfP r W
Summer Lake
Paisley
Croooked Creek
North Warner
South Waruer
North Lakeview
South Lakeview
Drews Valley
(Soose Lake
Cogswell Creek
Tboiuas Creek
Grand total, 801
Impsrtant Land Decision
An important mud decision was
handed down from the general land
Office ,ou March 27, 1 90S, sustaining
tho Register and Receiver of the Lake
view Laud Ofllce in the contest case of
T. F. Short, vs. Josoph V. llessig.
May 3, 1902, Joseph llessig made
homestead entry for the SK quarter
Boctiou 25, township 31 range 14, and
gave his post otilce address as Bes
wick, Cal.
f eo. u, iuo7, r. r. snort niea a
coutest against said entry charging
abandonment and failure to cultivate
the land for the six months last past.
Notice for content for personal ser
vice was Issued, aud April, 2, 1907 was
set for the testimony to be taken by
the couuty clerk of Klamath county,
aud April 13 for the final hearing at
the land otilce in Lakeview. May 22
plaintiff filed affidavit alleging that
personal service could not be given
for the reason that defeudaut could
not be found, at Boawlck, Cal. nor at
Bly, Oregon, nor ou the land in ques
tion. An order was then made for no
tice of contest to be published in tbe
Klamath Falls Republican, and tbe
date for hearing before the same
official fixed for the July 29, 1907,
and final hearing before the land otilce
August n. Copies of notice were
sent to Beswlck, Calif., aud to Bly,
Oregon, and posted on the door of the
cabin on the laud lu controversy.
On the day set for hearing and be
fore tbe officer named in this notice,
laintlff appeared In person and ty
his attorny, C. F. Stone, and F. II
Mills, appeared for defendant, for tbe
purpose of objecting to the sufflci'-ncy
or service or notice, itie ch was
proceeded by calling plaintiff and
two witnesses to 'the stand. Plaintiff
swore that he was familiar with tbe
land; tint he ss there about two
hours ou January 7. 1977, aud saw a
small legchbiri about 10 x 12 fee, and
thought it dud ;i window and floor;
that inside wa-. a win,!! i t up stove,
bedstes I, without be't, find a frying
pan. Saw no oth:r lurnUure, aud that
the stove and frym in were maty
from doii use.
About a half sere fenced with oue
pole fence, no fciwu of a well, and the
snow wa aout five feet deep at tbe
time He found no other buildings.
except a bsrn about a half mile away,
but did not know whether tbe latter
building was on tbe land; that 'tbe
land was heavily timbered and uo part
cleared or cultivated. Tbe witnesf
judged the cabin was worth 110 or f 15.
That defendant bad never made the
land bis permanent borne, but as neat
as could be learned, bad stayed tbere
one night in October, 190C. Witness
testified that be war there again June
5tb, 1907, an 1 July 7tb of tbe same
year, aud found no one liviog there
or no part of tbe land cultivated, but
about five cres fenced with barb wire
fence. No stock tbere, and tbe door
of the cabin locked. Tbe place bad
every appearance of being abandoned.
Tbe second witness saw tbe land in
October, 190C; saw a cabin 10 x 12
feet, no window. The door was
locked, and he dd not see inside,
but thought tbe place was vacated.
This witness run ont all tbe lines, and
saw no cultivation, no place, near the
cabin to get water, and no improve
ments, except tbe eabin, which be
thought was worth M5.
Witness was asked bow much time
defendent spent on tbe land, and he
stated just a few days.
Tbe third witness, J. L. Short,
stated that he bad seen tbe land bat
ouW i i nee tbe coutest ts initiated,
that on Jane 7, 1907. He testified
that tbe land was in an abaudoned
condition, having bat one small log
cabib on it, worth about tlO, built
several years ago, and a small fence.
No stock of auy kind, nor any of
claim cultivated. None Oi tbe wit
n esses were cross-examined.
Defenant's attorney moved to dismiss
the case, giving as tbe reason, that
tbere waa a total failure of service of
notice of contest.
Ou July 31, 1907, defendant ap
peared in person and by his attoney,
before the county clerk of Klamath
couLty and submitted testimony In
bis own behalf.
On October 18, the Lakeview laud
office tendered its decisiou in tbe
case, that arter careful examination
of tbe objections to service of coutest.
as set forth by tbe defendant's attor
ney tbe otilce found tbe tame not well
taken, therefore, overruled the mo
tiou to dismiss; that as said defend
ant failed to submit testimony at tbe
time and place designated in the no
tice, be must stand or fall upon bis
special testimony, as tbe testimony
submitted ou a later date without au
tbcrity will not be considered. Tbe
land office found by testimony regu
larly taken that the allegations of the
coutest affidavit had beeu sustained,
in view w hereof this otilce recommen
ded that thj entry be cancelled.
Notice of this decisiou was reg
isiered to defeudaut at Beswlck, and
receipt of same was acknowledged.
November 25, 1907, be tiled au appeal.
On Decomber 7, 1907, the land office
transmitted tbo records in the case to
tbe geueial laud office. Tbe appellant
assigtu as errors the laud office over
rulug the defendant's uiotiou to dis
miss for want of sufficient service,
since it appears by the record !that
personal service could have been
mude: iu refusing to consider the
evidence on tbe part of defeudaut,
aud in holding that the allegations of
the plaintiff had been proved by tbe
evidence offered.
Iu considering tbe case tbe general
land otilce states: "As shown by tbe
facts above cited, coutest notice was
properly served, therefore you made
uo error iu overruling tbe defendant's
motion to dismiss, neither did you err
In not considering tbe testimony of
tbe defendant so irregularly taken.
"Tbe testimony submitted by
plaintiff and witnessea may be consid
ered to prove tbe charge of abandon
ment, as it stands without contradic
tion. "Your decisiou la, accordingly, af
firmed and the entry held for cancel
lation, subject to defendant's right of
appeal."
OJifLLAHD'
GRANT SOLD
Oregon Valley Land Com
pany the Purchasers
TO BE CUT UP IN SMALL FARMS
New Company Will Sell Off Vast
It act In iMnall Farms and
Give 7 wn l.ots
The Oregon Military Road Land
Grant has again changed hands. Tbe
Oregon Valley Land Co. aie tbe pur
chasers, with headquarters at Kansas
City Mo. The new company baa dir '
it'ed tbe 300,000 acres or more, into
tracts as follows; 5,974 ten acre farms
4,080 twenty acre farms, 1,020 forty
acre farms, 500 eighty acre farms, 400
one hundred and sixty acre farms,
twelve C40 acre farms, six 1,000 acre
farms, and 11,992 town lots in Lake
view, Oregon and will sell the same
under tbe follwing contract:
(200 for oue farm and one town lot,
$10 down and tlOper mouth until paid.
Toe agreement to purchase one or
more farms and lota stipulated, means
that when the purchaser bas complet
ed his payments he becomes tbe owner
of an undivided interest, for each
farm and lot applied for, in tbe land
and town lots offered for Bale as herein
above set forth.
Kach applicant, when be makes bis
first payment and executed a contract,
will receive from the Company a re
ceipt showing that when be bas made
bia last payment the Company , ill
issu-r' 0 jltn a Clearance Receipt.
Each Clearance Receipt shall be certi
fied by tbe Pioneer Trust Company,
Kansas City, Mo. Said Trust Com
pany will not certify more than 11,992
Receipts.
When tbe contract holders, by them
selves or tbelr representatives, have
assembled for the opening they shall
select from their number three trus
tees who shall receive a deed for the
farms and lots herein described and
hold same for the benefit of tbe pur
chasers. Tbe Company will furnish tbe
aid trustees placs of the farms and
lots aud tbe trustees shall appoint an
auctioneer, wbo shall broceed to auc
tion and sell to tbe highest bidder, for
cash or upon such terms as tbe con
tract holders decide, the farms and
lots. Contract holders may buy as
many farms as they hold contracts for
and tbe amount paid ou contract shall
apply on purchase price. Contract
holders only will be allowed to bid.
Tbe biddiug will be open, competi
tive, and no lottery oi game or scheme
of distribution by lot or chance will
enter tbe same. Tbe profits if any,
derived from tbe sale shall he devid-
ed among the . contract holders pro
rata. Tbere are 11,992 contracts, 11,-
992 farms and 11,992 lots a farm aud
lot to each contract.
Rpisode at Sheep Camp
Tbere was a little stir-off out on tbe
sheep range one day last week, that
should not be repeated, remembering
the consequences of range troubles in
the past, and if those implicated per
sist in repeatiug their acts, tbe au
thorities should look into the matter.
As told by tbe Newell boys, four men,
whose names we did not learn, but
who were knowu by the boys came to
the Newell sheep camp aud ordered
young Mr. Aewoii, wno was lending
the sheep, to take hia sheep off that
rauge, or they would make it hot for
him, or something to that Reflect. He
knew he was on luud that they bad
leased from the roud company, aud
refused to go, uuloss the men would
pay him bis rent back, which tbey
refused to do. That night several men
came uear the camp 'anc 'fired about
three hundred shots. Newell returned
tbe fire, but tbe night was dark, and
no one was touched. Next day young
Newell went to another camp to seud
word borne of what bad happened, and
while be was away from his camp
some one entered tbe camp, stole tbe
gun, and destroyed some other pro
perty, and out tbe bobbles Jfrom New-
ell's horses aud drove them about tea
miles from tbe camp. Newell'e .sheep
camp Is in the vicinity of Bly, la
Klamath county.