Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, April 30, 1908, Image 1

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VOL. XXIX
LAKKVIKW, LAKK COUNTY, OKtiGON, THURSDAY, APRIL .TO, linn.
NO. 18
Bit
1
HOMESTEADER
IS DEFEATED.
Decision of Lakcvlew Of
fice is Reversed.
ACTUAL RESIDENCE NOT PROVEN
Homesteaders Mu.it Reside
manently Upon the Land
They Will Lose it.
Per.
or
Tbfl Commissioner of the General
Land Office tin handed down mi liti
portant decision in tint following case :
Register and Receiver, Lskevlnw
Oregon.
Mir:
June '.".I V.m, J. L. Yad.n
made II. K. No. 3UI7 for the N K qtiar
tor, Seo. 3, T. 3.1 S., K. 1.1 K. Juno, 10
ID07. J. I., lluoll (lied mi affidavit of
-inteit ugainit tli said entry, charg
ion, In effect, t Kit t (loftinilutit had
failed to rewldo upon, cultivate and
improve mhIiI 1 a t I an required by law.
At tbo hearing ou Augimt !, i;u7.
before George CliHHtuln, county crWk
nt KUninth County. Oregon, Iioth
irtln appeared i.n.l milunitlud teli
mony, upon wnieii you rendered a
decision, October 27, KH7. In fHvor
of defendant, recommending tbat said
t-onivsi no iiiHiniBMid. I'lHliilHr was
notified of mil. I decision ly reglideied
letter, and on November 2.1, l'JUT, iie
II. el nil ii priil therefrom, liy letter
December 7, l'.K)7, you transmitted
the record, Including trnid appeal, to
this office, i'litltitiir testified that he
had noon tb laud Involved only once
hlch was about tlii time the contest
was brought; Mint thorn wa u cabin
ou It; tlmt ul urn I ten or fifteu mirim
were free from timber, apparently
naturally ho, and fenced ; and tbut
there wore about two aud one half
million fm-t of tln.litc.n (lie rumaiu
ler. He did not mo anyone living
there, Init did not inspect the bouse
'loMoly, and his toHtliuouy does nut
how how it wait furnished, or to what
ftnt t ho land bad been cultivated.
He introduced five witnesses, liut Ii
loos not appear any ot them had ever
seen the land. Thoir testimony U
chiefly in regard to defendant's res
idence iu Klnniath Fulls, shout sity
or sevcuty live miles from the land.
U shows that lie resided there, with
bis family, from about Scptomber 1,
JIKXj, uutil about the lime the contest
ai brought; that Mince July I, liKM,
he hud contractu for carrying the
maim on two route from Klamath
lalla, aud ban been reported by the
postmaster to the Postoffice Depart
ment aa living iu that city.
It appear from defendant 's testi-
niony inai ne naa iieen engaged an a
mall contractor, uudor different con
tracts, for twenty yeaia, or more, and
waa eo engaged at tbe time be made
aaid homestead entry; that the dltfer
nt mail muted which he baa bad dur
(K the pant soveu yonra have been
from 'orty to sixty ml lea from said
land ; and that tbo postal regulations
require him to live upon tbe routes
and give tbeui bin personal aupervl
aion. It In not shown that be actually
does tbe work of carrying tbe mails,
but It appears that he employs others
to do it.
By a preponderance of tbe avideuce
on Hie it is shown Unit dofoudant's
family, consisting of bis wife, three
aons and oua daughter, reside uooa
tbo land involved from two to four
months each year. - They go to it a
bout, Jure and leave about September.
Dofendaut viits it occasionally at all
sobboiis of the yuar, but it does not
appear that hu Imioii hii place of ao
tual resldnufw tff'tbo oxclusiou of oue
elsowhere. Ilia employment has re
ipilrd blm to live away from tbe land
ever since mukliijf his entry.
Tbe altitude of mild land is about
live thousand foot utx ve seu level.
There is a sin ill log house ou it, about
fourteen by eighteen feet, aud about
Mlteeu or twenty aores are enclosed
with a this wire feuce. lie uses tbe
ouclosed luu I for grazing purposes,
lmd a cow an 1 calf ou it wbeu tbe
hearing wss ha 1, uud has cultivated
a few garduu votjutubloa, but has not
done uuy practical farmiut;. It is
clear from the evidence that defend
ant has not es'lablisbed aud main
tained a boo k tide residence upon said
land. Ills family lias used it as a
(Continued on I'sge 5.)
Jonnath-iti llourna Happy
A axlutiKloii, I). C. April 2-'
With thtt nolo'-l ion ot I lie ili-li-Kiiten
In Now Vors lor IIumoi'i, mint, of
them, aud a solid iiolonat ion for Knox
iu J'cniiHy Iviiiiih, the alliex, ai the
other piohliienl IhI caudidatoM are
called, are ahoad of Hocrotaiy Taft In
point of (JelcKHtim, ail WshIi IukIoii In
HoethiiiK with political talk.
(Senator .Jonathan Houriin, Jr., of
Oregon, the orluliiul tiocoud elective
term man Is nrov. in happier every
.lay, becsiiMM h profenses to see a de
velopuiont of bis idea all over the
country.
More InniHtent presHiire Is im
brouuht to boar every day ou l'resi
dent Itoosovolt to chuiiK bis mind
about another term. I'ohticiaus from
all over the country are going to him,
pleading that he permit himself to be
named iik'uIii. Their reason in given
as fear fur the siiccohn of the Republi
can ticket, if Talt is nominated.
Clouds are gathering ou the horizon
of the Talt boom every day, aud thoy
are worrying the managers of that
expeiihlve campaign, which is said to
have cost more than 0U),lniO up to
dato.
In many Status, the negrowa hold
the balance of power, and the labor
vote is being lined up solidly against
the secretary. In miiuy States, where
elections are close, the (State tickets
have been named, ami the nominees
of the Kopuhlicau party want a mau
at the head of the ticket who will be
sure to cat ry them through to success.
In the past week, there have been
three distinct and I in put tun t protects
ninile against the Tuft candidacy, aud
thoy are certainly worth consideration
at the bunds of partisans who want
the ticket to succeed next November.
In tho first place, the negroes enraged
at tbe treatment . accorded them by
Federal oHlce ho., t- bosses In tbe
South, niauaged by Hitchcock, have
eliminated them from participation
In party councils, met in 1'hiladel-
phla, and dratted protests thai will
have an etfect ou the vote.
In the tecoud place, President
Charles J. French, of the New Hamp
shire brauch of the American Federa
tion of Labor, has issued an appeal
to laboring men to light tbe Tuft can
dldacy, and declares the opposition,
unirersal in tho ranks of organized
labor, is not based on politics, but
thai it is from union men. Mass
moetlngs are to be held in every city
in the country to carry out the pro
test.
The third important development of
the week was the issuance of a letter
by former Senator Chandler, calling
on tbe couutry to sunoort the La-
Folletto candidacy. He bases bis ar
gument on the giouud that tbe acts of
the administration have nullified tbe
past good work, and says there is col
lusion between tbe admiuistraton and
the "interests" in consideration
whereof support is thrown to Taft.
Those protowts are all from Kepubli
cans, and tbey have resulted iu bring
ing the Taft boom to a standstill. All
oue cati boat now in Washington is tbe
question: "Will it become uecessary
to draft Roosevelt again to save the
Kepublicau ticket at tbe poles?"
MARKET FOR
THE'08 CROP.
Flour Mill Will Be Completed by
The First of September. v
There will be no luck of market this
year for nil tbo graiu tbat is produced
In this section of Lake County. Tbe
new flouring nil 11 will be completed
during tbe first, part of September and
will then be prepared to handle all
kinds of grain. For it will not only
be equipped for turning out a strict
ly high grade wheat flour, but also rye, j
graham, and oorn meal, as well as '
numerous kinds of cereal foods, in
cluding the well known germea and
o racked aud rolled wheat. A barley
crusher will also be included In tbe
equipment aud a general milling bus
iness conducted.
Tbe mill proper will be three stories
iu heigh' , witb a full 9 foot busoment.
Tbe main building will be 32x14 feet
in size, while tbe engine room, locat
ed in the rear, will be 32x20 feet.
It will be equipped witb a 35 horre-
power engine aud a 40 horsepower
boiler, and in additiou an electrlo
plant for llghtiug the mill will be in
stalled. Throughout tbe equipmout
will be pf strictly modern aud high
grade machinery, und before being
(Continued ou Page 5.)
TAKETHEIRNAMESOFF
COUNTY SEAT PETITION
Vulgar Articles in
Have Changed
Ten voters who signed tbe County
seat removal petition have asked the
county court to take their names olf
the petition. There are a number of
f ibers, pONsibly twenty in' all, who
will do likewise. They, like Mr. A.
M. Smith, whose letter we publish be
low, signed the petition because tbey
believed it fair, but since reading tbe
articles published iu the Sliver Lake
papers, on the subject, they have
changed their minds.
Mr. A. M. Smith, of I'lne Creek, Is
one of the most pr Jiuiuent citizens of
(loose Lake Valley, and no tiersoti
need ever fear or m a.-hamed to fol
low in his footsteps. Following is
Mr. Smiths' letter.
DENTISTS PROVE
TO BE BILKS
The dentists who were in lakeview
lat week, brothers, named Gray,
from Sacramento, proved to be bilks.
Thsy did pot remain in Lakeview
but a day or two., and did piactically
no work here. They went to Davis
Creek, where tboy put up . with 8 J.
Dultou. Mrs. Dutton asked them to
examine her daughters tooth.' Tbey
put the girl into the chair and did
w hat they called (00 worth of work
before they let her up. Then a hired
girl war'od her teeth examined, and
her I . as tl50. She could not pay
tho bill, and went to Mr. Duttoo, and
here was when the trouble began.
When Mr. Dutton found out bis
daughter's bill be rebelled, a ltd furth
er stated tbat the hired girl could pay
but i', and that he would only pay
that sum for bis daughters work. Tbe
dentists got in a hurry all at once and
wanted to go to Alturas. Just before
startlug with them Mr. Dutton re
ceived a message from C. D. Arthur
to collect a stable bill for bim from
the fellows, which he did, and tbey
went south in a hurry.
Fulton's Bill Passed
Oregon ian News Bureau. Washing
ton, April 23 After one of tbe hard
est fought legislative battles of this
session, the House of Representatives,
late this afternoon, by a vote of '217
o 8, passed tbe Fulton land-grant
resolution without amendment. Prior
to the vote on, final passage, Ford
ney's ameudment was voted down, 13
to 2-27. Tbe resolution will go to tbe
President by the end of tbe week sad
will promptly be signed by bim.
Immediately thereafter steps will
be taken to initiate suit against tbe
Oregon & California Railroad Com
pany to secure forfeiture of tbe un
sold portion of its urant. For the
time being, it is understood, uo pro
ceedings will be undertaken against
lumber companies aud other purchas
ers from tbe railroad. Oregonian.
know
tough,
dog,
"I know It's touuh. old
North End Papers
Their Minds.
Ilolisving it to be, at tbe time,
legitimate, fitting and entirely proper
that I he question of moving tbe
Couuly seil to Paieley be put before
the people of Lake County, at tbe
coming election, I signed tbe petition
circulated for tbat purpose. Since
baring read tbe untruthful, improper,
vulgar and positively indecent articles
tbat have appear! in the Silver Lake
leader, bearing i upon tbe subject,
I, like many others, have concluded
to ask the Couuty Court to take my
name off tbat petition, and feel it my
duty to not only not condone tbe pub
lishing of sucb articles, but to also
firmly express my disapproval of It.
(signed) A. M. Smith.
JURY LIST
MAY TERM
Following Is tbe jury list drawn for
tbe May term of circuit court, which
convenes on tbe lllh:
Lakeview.
John Odom. Frank Stanley, Elmer
Harvey, A. N. Stanley, C. C. Loftua,
C. A. Clippenger, J. E. AlcCoul, Roy
Chaudler, Wm. Egan, J. D. Heryford
a D. Coulter, J. 13. Fisher. C. 8,
Morris, T. IJ. Veinon. R. A. Hawkins,
E. C. Ablstrom, H. L. Chandler, 11.
L. Nortbup, Fred Fisher, J. C. Oliver,
Walter Paxton, W. D. Bishop, Wm.
Uuutber, L. C. Fmerson.
Silver Lake.
A. V. Dunning, T. J. La Brie, E.
Carlon.
Piue Creek. A. M. Smith,
Summer Lake M. Suit.
Plush D. U. Cleland
Crook County Stirred up
Tbe burning of shearing pens,
barns, etc. and cutting of several
raises of w ire fence on J. N. William
son's, sbeep ranch in Crook county
recently, and the subsequent arrest of
ex-sberitf C. S. Smith and a man
named Elliott, bids fair to cause to
be unearthed some crimes of a more
serious character committed about
Prineville some years ago, such as
murder, arson, stealing and other
heinous deads of lawlessness. Crook
: county papers are teeming with ex
citement over tbe recent discDveries.
Shearing; Commenced
A big crew of men are sbearng witb
tbe blades at tbe Warner canyon
shearing corrals. Si Henderson's
band of 3200 were sheared there first
of tbe week. Tbe clip is said to be
exceptionally good this spring, partly
owing to tbe absence of scab among
tbe sbeep aud partly because tbe
range was good all winter and tbe
sheep kept fat. Tbe price of wool is
not ao good as last year. Fifteen
ceuts and possibly a little better is
talked of.
but mother's cleaning hout.l"
Donahsu In Cl.v.land Plain D.al.r.
5unday'a Ball (lame
The ball game last Sunday between
the Pine Creek team and Lakeview
was one of the moat interesting games
tbat has been played In the Lakeview
field for many a day. These teams are
very evenly matched,, albongb Lake
view won by a score of 13 to 1. These
figures would indicate a one sided
game, but Pine Creek played a good
game and beld our boys down to mere
"scratches." Both sides scored
several star piays. Dntton starred
when be ran from 3d to home ahead
of tbe ball, and when about 15 feet
of tbe goal was struck in tbe back of
the bead witb the ball, tbown from
3d to borne, and was knocked down,
but fell witb bis band on tbe borne
plate, the ball glancing out into the
Del 1, letting in Gray, and almost
admitting Faulkner to 3d, tbe. latter
being caught out by a mere scratch.
A star play was made by Pine
Creek's center and right fielders,
when Stevens attempted to eaten a
flyer and tbe ball bouned from bis
banr.a and was caught by Reed.
Powell also starred in bis borne run.
Many other star plays tbat we can
not now call mind.
There was a large crowd in attend
ance, and tbe gate receipts amounted
to tiO, which was tbe stakes played
for.
Tbe game was ably and fairly um
pired by Mauley Wborton, of Pine
Creek.
Following Is tbe game.
Lakeview 0 2 J 2 1 1 o 213
Pine Creek t) 100000001
Lakeview Pine Creek
Players Runs Position Runs Palyers
Faulkner
1st base
2d B
3d B
S-SOD
L field
C flld
R-tield
Pitcher
Catcher
0
0
0
0
0
0
0
1
0
Vernon
Mo" v
Cook
Amlck
Broili
Stevens
Reed
Smith
Lark in.
Sticksel
Powell
Judge
Dutton
Storkman
Gray
McDonald
Wallace
Mauley Wborton, Umpire.
SUMMARY: 2 base bits made by
Lakeview players: Faulkner 1, Stick
sel 1, Dntton , A. Storkman 1, Gray
1. Pine Crtfk pUyers : Cook,! 1 Stev
ens 1, Reed 1,. Home runs, Powell 1.
Left on 1st base, Lakeview: Noiie,
Pine Creek, Reed. Left on 2nd
base. Lakeview: Gray twice. Mc
Donald. Pine Creek: Cook, Amick
twice. Left on 3 base. Lakeview
Judge, Dutton, Gray. Pine Creek
Amick ,Larkiu. Caught out on 2d
base. Lakeview: Judge. Pine
Creek: Cook twice, Stevens, Reed
twice, Larkin. Caught out on 3d
base.
Creek:
Lakeview: Faulkner. Pine
Cook.
There were a number of good
plays, ' sucb as double plays, fly
catches, etc.
Tbe lease on tbe present quarters of
the U. S. Land Office expires July 1,
and tbe officials have been notified
to secure proposals for quarters for
tbe ensuing year. About 1000 feet
floor space is required, and any one
having rooms suitable and desiring to
lease tbe same should apply at once
at tbe office.
MAKE USE OF
THE WATER.
Farmers Should Prepare For the
Dry Season Predicted.
In tbe event of a dry season, which
is predicted by some, especially in
tbe Sacramento valley, where a great
many sheep and cattle are driven in
the fall and fed for wiuter market, it
behooves the people of this section of
tbe country to prepare to feed stock
here. If cattle and sbeep capuot be
driven there for feeding tbey must re
main here, which will require double
tbe amouut of hay usually used here.
Again, there might be little feed on
tbe winter ranges, and iu case this
condition comes about, stock that us
ually go to tbe desert will have to be
fed hay iu tbe valleys, which will in
crease the demand also. There is said
to be a great deal of water running to
waste in the various stieams, which
should be put onto the meadows and
made tbe best of while the water lasts.
Hay will be hay next winter, if all the
stock in this country must be fed
here. Farmers should take advantage
of the opportunity now and prepare
to put up all tbe hay possible, both
grain and grass bay, and be prepared
for any emergency tbat might arise
from a dry summer in this or any
other country.
COL, 'COGSWELL
DIES SUDDENLY,
Expires While Enrotite to
Office in Porl.in,t.
HEART DISEASE CMJ c 0-JEATH
Was a Former Resident Lake
County, and Still Held i arte
Interest. tlete.
The sad news of tbe death of Charles
Amos Cogswell, was received io Lake
view last Saturday. Mi Cogswell,
was once a resident of Lakeview, and
is known by every one iu It i- county.
He taught school in Siirprir valley at
onetime, aud ws admitted to the
Oregon Bar in 1879. Tbe following
from tbe Portland Telegram of Friday,
April 2ttt, gives an account of his
life, and death:
'Charles A. Cosgwell, one of Ore
gon s most prominent citizens, died
suddenly of heart disease about 10
o'clock tbls morning while a passen
ger on an electric car on bis way from
bis Summer borne in Milwankie to
Portland. At tbe time of bis death
be was engaged in conversation with
Colonel Jame6 P. Sbaw and John
Scott, two of his frienas and neigh
bors.
Mr. Cogswell boarded the car near
bis Summer home for t'te purpose of
coming into Portland on business.
He walked quite rapidly to arrive at
tbe station on time to catch the car,
and when be got on beard be ra
breathing witb difficulty. He took a
seat beside Colonel Sbaw and re
marked tbat be was very abort of
breath from walking so rapidly. Colo
nel Sbaw jokingly remarked tbat bis
friend must begetting rather old, tap
ping bim on tbe shoulder, and Mr.
Cogswells' reply was a laugh. Colonel
Shaw turned to look out of the win
dow, and. the next icetut, bearing
Mr. Cogswell breathing heavily, "
turned in time to see him slipping
from his seat into tbe aisle of tbe car.
Colonel Sbaw lifted the prostrate
form upon tbe seat and felt of bis
heart, thinking, that bis friend waa
suffering from bis raprfj walk, but
was surprised to discover that his
beart was fluttering. In a moment it
stopped boating altogether. He then
realized tbat Mr. Cogswell was dead.
The car wns just leaving and wben
it reached the Golf Links Colonel
Sbaw telephoned tbe news of the
death to Milwankie and instructed
people there to send word to tbe fsm-
ily of tbe deceased. Tbe remains
were brought to tbe Finley Undertak
ing parlor.
Mr. Cosgwell was a member of the
City Executive Board, on which he
has served three years, a G. A. R.
veterati' and a member of Sumner Post,
a member of Hawtnorne Lodge, No.
IU, A. F. 4A. M.,tbe Oregon Com
mandary of Knights Templar and a
Mystic Sbnoer. He was also a prom
inent attorney, president of the War-
er Valley Stock Company, one f
tbe largest stock-raising concerns ia
Oregon, and attorney for tbe Southern
Pacific Railway in Lake County.
Born in Vermont. Mr. Cogswell -moved
to Iowa when a boy and wben
17 years of age at tbe outbreak of
the rebellion, he inlisted as a volun
teer iu the Uuion Army and served
during tbe war. For his bravery he
bad been promoted, and at tbe time
of being mustered out of service he
was Lieutenant of bis company.
Following tbe war be moved to Ore
gon and settled in Lakeview, Lake
County, and took up the practice of
law. He became nne of Oregon's most
prominent attorneys, and was twioe
elected to the State Senate from bis
district. He engaged in cattler-rais-
ing and soon acquired considerable
property, and wben be retired from
active practice in his profession, spent
most ot bis time In business. During
recent years he has been president of
the Warner Valley Stock Company,
which owns 40,000 acres of land ia
Lake County, this state, and in Neva
da and Northern California'.
Several Years ago, wben he retired
from active practice of tbe law, he
moved to Portland with bis family
and bas resided in bis handsome resi
dence at East Seventh and Holladay
streets since: He waa connected with
the Board ot Publio Works under ex-
Mayor Rowe. and when Mayor Lane
was elected three years ago, Mr. Coirs-
well was appointed a member of tbe
Pxecutlve Board. He was chairman
of tbe judiciary committee and tbe
street cleaning and sprinkling com-
mitttees and a member of tbe special
franchise committee of the board and
has given mnob time aud attention to
bis work. At tbe time of bis death he
was 64 years of age.
tie is survived by bis wire, a son
and two daughters. His eldest daugh
ter is Mrs. W. E. Gelinsky. His son
Charles is 18 years of age, and his
other daughter, Margorie, is 14.'
Out of respect to the death of Mr.
Cogswell, tbe flags on tbe City Hall
and all other municipal buildings in
tbe city were ordered placed at half
mast today."