ounw
man
VOL. XXIX
LAK K VI ICW, LAKIC COITNTV, 'k;.. THniiSDAY. MAY u, llnm.'
NO. 20
n
AFFIRMS DECISION
OF REGISTER
Contest Ca.se ot- Withers
vs C. M. Duscnbcrry
INSUFFICIENCY OF RESIDENCE
Dusenbrrry States That lie Will
Carry the Case I'p To the
Secretary of the Interior
v ul I'iii imil improvements ; tliiit ho in
nut in ( ing In good f i III to procuro
this land fur h home, but for . other
purpoHea; that owing to the high al
titude mi l cliiiracler (if I tin land It la
tuillt for agricultural purpose or
grazing, but la mor e valuable (or Iih
timber; tlmt Ini Iiiih used )ila claim, iih
h kind of li"ii'liiinrtT when out lo
cating other piirtloa mi tin. I it Inn'l In
t lie viclulf.y or neighborhood of thin
claim now IiitoIvihI In tlili contro
versy ; that hi renidnnce on 'ho laud
was the exception and nut the rule.
A careful analysis of the testimony
show tlmt tint Register's opinion In
warranted. v
Kniil entry U therefore held for can
(dilution, aunject to the right of ap-
prill.
Vou will ao notify tbe parties.
Very Respectfully,
8. W. Vroudflt
Aaaiata.it Commissioner
County Court Proceedings
i. in county court ok the state ok Oregon
Cheater I Withers v. Charles II.
Diiaenberry, involving II. E. No. 3-'U2
Caucll)d. Recommendation of Reg
ister affirmed
I li Int ir imil Receiver, Lakeview
)lgou.
Hire: April T2, l!7, Cheater K
Wither filed In ynnr office hi duly
corrolioi ato I atlllnvtt of mutual Vrt.
Iioiiiimti'iiil entry No. mud') Nov
ember 1 1 m , hh u in ii df I February
1H, p. km,, for N half N I ;iuin tcr, Elmlf
NV iiiiirler uf S.i. X, T. .1'.., It. IT
E, ly Chnrels II. Iuhiiilierry, alleg
ing tlmt lie "for iiinrn ( linn nix iiiiuit Iin
1 II nt lint lun lolly It 1 1 H 1 1 J 1 1 1 1 H 1 paid
lllll U, llllll IIIMV I'OIlt III lll'N III Ml II till II j
(Inn tlm tmrtiit, nii'l does not now re
wide upon hi.M I; ml ; Unit nul l entry
1 1 1 : 1 1 li ii wholly failed to comply v.itli.
tin- lis imLi ii I I iam hinri' making aiiid
entry." !
I'liihiiant to notice, both parties '
with cniuihel apueiireil before you on i i.lrindy
June in. I!HI7, anil tendered tiKtlaiony. ! .u((..
On November 12, 1.KI7, tlio Receiver
decided in tiivnr of th d fciidaiit and
tlio Ki'intur dcoidc.il in favor of the
plair.tlH. "mm tl.fl lU-fiiMt f'n ilerf
slon an appeal wan film I.
It reeina tlmt the defendant waa la
boring under tlm lmprcainn tlmt he
did not have to inaku any elfort to
comply with the liomviteail law until
IiIh application to iiineinl hi entry
waa allowed. Ha claim t hat he was
not not i Mud that the amendment was
allowed until July .'V, J!!, when he
Immediately tartd to the land and
t'ommencoit liln improvements.
"PendiiiH a deiMBion on an appllca
lion to amend au entry the claimant
xhoulil comply with the law." (Kyl
latiua) In Wuhh v. MilUrd, 5 L. !.,
nto.
When IIiIh conteHt una Initiated,
the ImpiovomenU on tli'u laud in con
troventy cotmiMted of a uiintll lo houae,
with a ahaku root, a floor of ahakoa,
laid on the ground, and no further
improvement were made thereon un
til after uotleo of content waa aerved,
except a aniall patch, of aliout a quar
ter of au acr waa plowed la the fall
of l'.KHJ, and aowod to rye. ,
Defendant cialuia to have Emit bia
cabin In Aiittuat, 1 and only re
tnainqd there a few daya, with a camp
outfit. Hut before he left the house
iu the fall he had dlahea and cooking
iitoualla there auttluient for more than
five or six peraoua. He bad no tied
theie, but he had an old set of lied
nprlnk'S aud name bed cIoIibh, aud
a limit iron atove.
It appeara that defendant la a land
locator, with headquarter at Kla
math Fa 11 a, and when trying to locate
partiea on laud iu the sect ion of the
country near hi homeatoad he uaed
his cabin as n utoppinK place.
It appears from the teatimouy iu
behalf of the plaintiff, that the laud
lies at a high elevation where the
hiiow fall aro very doop all winter;
that the land I rough, broken, and
liea ou a wtoep hill-aide; that it is
covered with a heavy growth of yel
low piue timber, eatimatuit at about
'2,000,000 feet. Defendant admits that
there Is about one and a halt -million
feet. There are a few small glades ou
the tract, aud defendant claims that
with comparative aniall expeuse 2-r or
:I0 acres oau be made Kood grazing or
tillable land, but the witnesses. In be
half of the plaintiff elate that the
gludes do not oouaist of more thau
7 or 8 ucroa in all that could be profit
lily prepared for cultivation, aud that
the rest of the land I chiefly valua
ble for timber, and if cleared at a
heavy expeuxe it would not be val-
f printer Visits Lakevlew
(1. KprliiKer, Democratic candidate
for Joint HMiHtor from this Meuatorial
tirtrirt. whoao home la at Cuh'er,
('rook county, lUlted Lake county
the p-mt week. lie arrived in Lake
view Katurday and poke to the peo
ple that evening, in the M. K.
Church. Mr. Springer ia au ardent
Mipporter of Stiiteineiit No. 1. He is a
pleiiHHilt centlemmi to neet. Mr.
Sprinuer will no doubt receive the
aupport of lila party who believe in
Statement' No. 1.
Mr. Sprinter's wife aci-iiiiipan ied
him on hia trip over the district.
Thev vinited l'ine Creek Sill). lay nnd
ritiirned to Lakeview Mouiliiy. They
w ill vioit Klamat h county from lieie.
At tie 'onnty lJ'ind Siipervirtora'
cunvent ion iHet week, it waa ilecidcil
to purctntho a road building machine
for elicit dUtrict in the county. One
been ordered for Silver
Ketrardlui the county neat qucHlio,
The Kxaoilner this week, refors its
readers to tlie action of (; ; -:ity
court, piibliuhed In another column,
under the heading of County Court
I'rocediuga.
K. M .Miller a nd Mrs.
II-
V. h. Sn
l iK' returned from San Franciaco Sun
day. Mr. Miller says they saw the
fleet come in and that it was a grand
sight Mrs. Miller dli not return she
having remained at Hurke's Sanitar
ium near Santa Kosa, with Mrs.
Dewey. They will return iu June.
1). I lirowue, secretary of the War
tier Valley Stock Co., and (!. 11. Par
ker, forenfnn, came over to Lakeview
laat Sunday from Adel. Mr. Ilrown
informed us that he bad intended
starting for Illy to meet C. A. Cog
well the next day, when be received a
telegram announcing Mr. Cogswell's
death. i
Iu tlm mailer of the Petition of V. L. Powers,)
K. A Wat k liia et al Kor removal of County)
Kent from f akeviw,Oreuon. to Palaley. Oregon )
J lila ('a un having been Submitted upon the evidence and Stipulation ou
file herein, and the Court having examined the several names in the petition,
ami aiao trie application or certain rierno .a w hose names appear upon saint
pennon to nave tneir names tHken rrom the petition and the trial or can we
being conclude I, an I the Court not buig fully advised at this time, hereby
coutlniie the cause to Saturday 2 o'clock to Borrow May 0, I'JOH.
Date May 8, l'JOH. 11. Daly, Judge.
H. K. Heryrord Com.
IN TIIK COUNTY COUKT OF TUB 8TATR OF OREUON,
FOR T1IK COUNTY OF LAKK.
Iu the matter, of th petition of VV. L )
Powers, F. A. Wat kins, et al , for an election)
to be had for the removal of the County Seat) .
from Lakevlew, Oregon, to Paisley, Oregon. )
. OKDKR OVERRULING DEMURRER TO THE JURISDICTION
OF THE COURT.
This cause coming on to be heard upon th demurrer of V. L Soelliog and
Harry Ilailey. protestaots to the juris lictio'i of the court, and the court
having duly considered the same, au i being fully advised, and it being the
Judgment of the court that the subjoct of the proceedings are under the jur
isdiction of the court, aud that the petition should be considered, upon Its
merits, both upon the fuels and the la;
Jt Ih, therefore, ordered, that ths demurrer be, , and tbe same Is oerety,
overruled.
The removal of a county-seat being a. matter of local concern, boards of
ouiity comnjinlotieM or supervisor or county courts have jurisdiction to
har and determine applications f ir removal, upon presentation to them by
petition iu the proper manner. Tlio decision of such tribunal as to tbe suf
fluency of the petition isj.ilici.il, an 1 U conclusive until set aside or re
verred upon uptieal, "writ of error, certiorari, or other method provided
for direct review, 11 Cyc. 1 17
IN THE COUNTY COURT OK THE STATE OF OREGON,
FOR THE COUNTY OF LAKE.
In the matter of the petition of V. L. ) '
Powers, F. A. Walkiu ft al , .for ait election)
to be had for the removal of 'lie County .Seat)
from Lakeview Oregon, to Paisley, Oregon. )
ORDER OVERRULING DEMURRER TO TdE SUFFICIENCY OF PETI
TION AND TO POINT OF ITS IlEINli FILED TOO LATE.
Tin proeeeliug coming on regularly, to bo heard upon the protest and
demurrer of V. L. Swelling aud Htrry IViiloy, to the sufficiency of the pe
tition and to the point of it being filed too late, aud the court having beard
the argu neiit of cocusel, V. A. Wil-hire and V. Iair Thompson, appearing
tor the proteatanta, and T. J. Powell, appearing for petitioners, and the
court having been fully advised, aud desiring to determine the cause upon
its merits :
While it is evident, under the law, that the time has expired in which
legal notice of v the proposed special election could be given, it is not the
province of this court to summarily defeat the purpose of tbe petition by ,
netting tho same aidn. It Is, therefore, ordered, that I Do protest and de
inurrcr be, aud the same are overruled.
IN THE COUNTY COURT OF THE STATE OF OREUON,
FOR TH E COUNTY OF LA KE.
Iu the matter of the petition ot W. L. )
Powers, F. A. Watkios, et al., fur au election)
to lie had for the removal of the County Seat)
from Lakeview, Oregon, to Paisley. Oregon. )
This matter coming ou regularly to te heard and considered, upon tbe ob
joctious of T. J- Powell, attorney for petitioner, to tbe application of W. P,
Vernon and J. W. Fine and others, requesting their names to be taken from
The ball game laat Sun-lay between
the High School and the Lakeview
teams was one of the closest that has
yet been played this season. The
core tied In the sixth Inning and
remained so until the first half of the
ninth when the Lakeview team scored
one run. Tbe High School then
went to the bat and succeeded in
scoring two ruos, thus winning the
game by a score of 6 t- 7.
GOOSE LAKE TO
E
RAILROAD
A fire occured at Cedarvilln Mon
day night, which destroyed the Cbas
L.arno naroware store, in which was
located vbe telegragpb office.
Wool In Gotten Sacks
lbe Merchants of Lakeview have
received tbe following letter which
relates to tbe shipping of wool. Tbe
letter is self explanatory and should
serve to guide woolgro-rt in racking
tbeir wool for shipment. Tbe letter
follows :
' Likely, Cal., May 4tb 1908.
To Lakeview Merc. Co.
Uerklemen : Tbe follow ing is a copy
of letter received by us recently, as to
the shipment of wool, and as you
good people are interested in that
matter, we give you a copy of tbe
same wbicn is as follows:
"Reno Nev., April 2otb 1908.
Alturas Forwarding Co.,
Likely, Cal.
'Gentlemen : Of course Likely ia the
principal shipping point on tbe line
of our road for wool and these ship
ments are made through ' your com
pany. It therefore devolves upon
your Company not only to take mes
ures to protect yourselves bui also
the N. C. O. Ry. The S. P. Co., will
sureiy protect themselves at Reno by
a close scrutiny and if there are rot-'
ten sacks as maty have bee a in tbe
past, they will surely say that such a
sack is not fit for transportation and
jLhe result will be that tbe wool will be
left on our band", and shippers will
be on tbe rampage when tbey kujow it.
Prevention is better than cure. So I
will suggest that you 6tate to tbe
shippers in advance of shipments,
that wool most be packed in SACKS
that can stand transportation and
handling at transfer; otherwise tb S.
P. Co , will refuse to receive tbe wool
shipments. .
It is not tbe correct thing to ship
wool in second band and rotten sacks
and should appeal to shippers in that
Southern Pacific Co. Will
Build Road at Once
THE GOOSE LAKE AND SOUTHERN
Incorporation Papers Filed InCaN
ifornia With Capital Stock of
Thirteen Million Dollars
Hable for agricultural purposes.
Tbe opinion of tbe Register Is,
"that the homostead eutry should be
cancelled, for tbe reasuu that tbe
oontostee has not complied with the
homestead laws as to residenoe, cultl-
SHORT TERH
CIRCUIT COURT
Docket Will Be C lea re.
Up This Week
Circuit Court convened MjuJay
morning, Judge II. L. Benson preaid
ing. The Jury was discharged, with
the exception of one, from which to
draw a new Jury should any case now
not known or como up, as there 'was
not a single jury case on the docket.
The divorce cases went tried first
Decrees were granted in the cases of
Mrs. Green aud Mrs Morris.
The death of C. A. Cogswell, attor
uey for the Warner Valley Stock Co.,
upset tbe program as to those cases.
Judgo llensou was requested by Attor
ney-General Crawford to hoar the ar
gumenta In the State of Oregon vs the
Warner Valley Stock Co., iu Portluud
during recess, which the judge con
sented to. Attorney Coovertf Port
laud is expected to take up t no other
casus where Mr. Cogswell left otf, aud
it is not known at this time what dia
poaltlon will be made of the cases at
this term.
The docket was cleaned up yester
day aud court adjourned.
Mrs. Floyd Robertson wa grauted
a divorce Tuesday.
AU other cases were coutiuued.
Mr. and Mrs. Wm, V. Moug aud
their exoelleut theatrical troupe fin
ished a week's engagement in Lake
view last Sunday afternoon with a
matinee.1 Tbey repeated "The Clay
Raket" by request. Tbe Moug com
pany gave perfect satiafactlou while
in Lakeview. They left Monday for
Klamath Falls, aud will play one
oigbt at lily aud one night at liouaa-
ta.
thereou :
reasons.
the petition and uot to tie considered by the Court, aud tbe court having care- I way alone.
fully reviewed the authorities. It is clearly the design of tbe law to permit Kindly give this your personal
au elector, at any time prioi to final action, to withdraw from tbe petition, well as your continual attention'
aud if he request bis name to be stricken from tbe list, it is, in tbe ligh of I You will see from tbe above, that it
the reason or the statutes aua its import, toe amy oi me court to give toe will oe lo your advantage as well as
voter au opportunity to express his will at any stage of the investigation be- ours, to have good sacks that we may
nt tinVA in nutall, Bhinmanf 9 a Kwa
a a m a 1 ... ..... 1 . . .... a n a n ... . a u .1 ki.
A vlKlier ni a Iieilliou Ilir Hit- ruiuuini ul n tuuuo -ocnai 111 a v n uuuiaw uiD
name from the petition at suy time before Hual action by tbe county board
a L . V
Sliugerland v. Norton, 59 Miun., 351.
State v. Polk County, 88 Wis. 355.
Loudev. Harou County, 80 Wis., 380,
all cited iu 11 Cyc, 372.
Wbere a petition is presented to tbe board of county commissioners of a
county for tbe removal and relocation of a county seat, the commissioners
should strike the names of all persons therefrom who make application to
have their names stricken off before dual action is taken upon tbe peti
tion. If this is not done, the signers of tbe petition who asked tbeir names
to be stricken off should not be counted by the board of commissioners in I G&r CinrflilA
J a 1 a I. , .... J n,lllorn.lk. ram .mo I unst ralninll-n I Jl IIVU
UeierilllUlUK VllO UUJiUOl Ul .CUUUUIIO a v. lau loauuiai nuu a Uiuvunvu uv
county seat.
mate v. Eaggiesion, 10 i ac. a.
Finally impressed by this riew of the law, tbe objection is overruled.
IN THE COUNTY COURT OF THE STATE OF OREGON,
FOR THE COUNTY OF LAKE.
In the matter of tbe petition of W.L.)
Powers, F. A. Watkiua, et al., for an election)
to be had for the removal of the County seat)
from Lakveiew, Oregou, to Paisley, Oregon. )
m. . a I I I. J . I... J.. n. ....... n.ntaaa. nl V 1 Claaatlin. anal
XUB COlirt UUVIUK OVPI IUi mo UOUIU-IOI l'" -uu I . t..a-. -., IU, T.,f f -li
ft 1 .. 1 1 I...-. .-A ,...!.. .,, ooorol n,i.nmna o,.,l nintlnna nt T .1 I ","k ' u. .uv0..w vv, u..
iimrir iraiui iuwji.iu uo..,,, ....... n,ui ,hu tlh.. or., I .,, .
Powell, attorney for petitioners, made to the consideration of same, are dis- arhitPHril, fix th n,i f
timber land at 12.50 per acre, but
Yours very truly,
Alturas Forwarding Co.
Per-C. A. Raker
RAISE PRICE
ON TIMBER
Will Act If
Congress Does Not
If Congress at this session refuses
to repeal the timber and stone act,
Secretary Garfield will take matters
into bis own bands aud put an end to
the abuses that have been perpetrated
under that law. Mr. Garfield ia the
posed of and rendered nugatory.
IN THE COUNTY COURT OF THE ST.VTE OF OREGON,
FOR THE COUNTY OF LAKE,
in the matter of tbe petition of W. L. )
Powers. F. A. Watkius, et al. for au election)
to be had for the removal of the County Seat)
from "Lakeview, Oregon, to Paisley, Oregon.
merely fixes that as tbe minimum
price at which timber land shall be
sold.
It ia bis contention that tbe Secre
tary of the Interior, uuder that law,
v This matter having beeu duly tried and submitted upou the evidence taken haa Bthorltv to demand a higher
.. .. .. . a - . I 1 I II 1 I
aud submitted on the Ktu day or May, iuw, ana me court naving continued jprSoe wnere timber laud is worth
the cause to this time, and uow being fully advised, after a thorough consid aud hB DronOBe8. the event
eratiou thereof, upou such evidence adduoed, finds that the petition for the that C ingress does not act, hereafter
removal of tho County Seat of Lake County, SUte of Oregou, from the town tQ require timber entrymen to pay
or Lakeview, ana r.he re-iooaiion tuereoi at raiaiey, m aaiu uuuuty, at tut
time tho same was Hied, ooutaineJ five -hunrded aud nine signatures of qual
ified eloctors and who were actual residents of saldcouuty three months im
mediately preceding the signing of same; and also tbe three following
uames each having a Red Ink line drawn across bis name, J. W. Fine. D.
Gregory, W.E.Scammou, which had been done prior to the time said petition of Jeu8er vaiueat corresponding prices.
was filed; that ulxy-oue or said electors, prior io tne oonsiaeratiou oi aam There have been numerous confer
petition, filed au applloatlou withdrawing rneir signatures tneretroni ana enoe8 ,n the department about this
requesting that thoy ana eacn or mem oe not cousiuerou as ouou petitioners proD080(j change, and it has been de
for tho removal of the County seat; that rrom tne eviaenoe in me case oidad to take no action until after
it further appears to the satisfaction of the court that the whole number rnnffriA adlouma. thus giving 3on-
of votes oast at the annual election held In tbe county aforesaid on the first artli. - opportunity to act if it ao
Monday in June, iiiuo, was seven uuuureu uu e.iij-uuo. - desires.
Now, therefore, considering tbe law ana tbe premises, and in view or tbe
iiaurtiolenov of tbe number of legal petitioners to authorize an election for
tbe purpose it removiug the county seat from its present site, and re-looaU
l.,Lf It at Paialev. In the County aforesaid. IT IS CONSIDERED. ORDElt-
ko AND ADJUDGED that tbe petition and the prayer thereof for such hut tha Increased cost of adminlstra-
Bpecial eleotloa be, and the same is hereby, denied. I tlon alight compared with the
Done in open court tnu via aay or way, iw. , . ,f. fmm flmru.
11. IIAIjV. OOUINTi JULAJri. I """" ..
U. R. UERYFORD, COUNTY COMMISSIONER. 'Qregonlan.
that appraised value for all lands
taken under this law. Lands worth
only 12.60 will be sold at that figure,
but lands worth 110 to 120 per acre
will be eold at those figures, and lands
Under the contemplated change it
will be necessary to scale timber land
las entered, to determine ita value,
sales.
A railroad cbmpany with 113,030,000
capital has been incorporated to bnild
a road from Lake County Oregon, to
connect with tbe main line of tbe
Southern Pacific at Anderson, uf lew
miles south of Redding, California.
It becomes apparent through this
move that tbe Southern Pacific's plan
is to draw Southern Oregon's traftie '
to Sac Franciaco.
Tbe incorporators of the new road
are ha. Iu. Calvin, general manager of
the Southern Pacific's California
lines; William Hood, chief eugineer
of Southern Pacific's system ; W. F.
Herrin, general attorney, aud W. II.
Scott.
The road will be known aa the Goose
Lake 4 Southern. Incorporation ar
ticles have been filed in tbe California
counties through which toe line will"
be built. From Anderson the line
will run iu a northeasterly direction
and follow the Pitt river to tbe south
ern extremity of Goost Lake, thence
proceeding along the eatt shore of
Goose Lakento Lakeview, but with a
strong probability that it will be built
on northward to conuect with the Ore
gajvailfru which isjto be built - bj -tbe
Oregon Short Line from Vale to
Natron.
Tbe line from Goose Lake to Ander
son California, will have a feeder 179
miles long, beginning at a point, in
Modoc county and extending through
Lassen, Plumas aud Tehama 'counties
to Vina, a station between Red Bluff
and Cbico It is said .surveys and
preliminary arrangements have been
completed, and that construction
work is expected to begin any day.
Tbe result of this railroad in tbe
movement of commerce of southern
Oregon vill be to place San Francicso.
on a strougly competitive basis for
tbe trade of Lake, Harney and Kla
math counties, and even as far north
as Crook county should the surveyed
line of tbe Oregon Eastern to Madras
be built. Tbe business of Lake and
Harney counties would be especailly
accessible to J3an Francisco, for the'
Goose Lake Southern will have practi
cally a water grade from Lakeview to
Sacrameuto. . .
That the road will be built there ia
hardly room for doubt, as tbe incor
poration provides a capitalization
sufficient to construct and equip the
entire 400 miles, and railroad compan
ies do not file capitalization figures
meaning nothing when they have to
pay tbe fees that are exacted ou capi
tal stock. Tbe line is believed to be
tbe concluding move in a large game
Me. ilarriman and associates are
playiug to keep the Gould lines out
of southern Oregon and so retain the
complete coutrol of tbe Immense ter
ritory that lies between tbe Columbia
and Snake rivers on tbe north aud tbe
Southern Pacific and Union Pacific
lines ruuuing from Salt Lake to San
Francisco. The opening of the Ore
gon military road land grant, and its
colonization by tbe Oregon Valley
Land Company, is believed to have
and important bearing on tbe propos
ed Goose Lake Southern. Tbe grant
has for years kept tbe southern Oregon
country closed to settlement in tbe
same manner that other large grants
controlling every alternate section of
land have clogged tbe progress of the
country through which tbey run. Tbe
military road grant Is 12 miles wide,
aud touches the northerly end of
Goose lake, iucludes the town of
Lakeview, and embraces within ita
outward limits 000,000 acres of lands
that are directly tributary to tbe pro-
fiosed Goose Lake & Southern. So
ong as these lands were kept closed to
settlers a railroad would have but a
limited prisoect for tonnage. Now
that tbe grant is thrown open and is
being sold iu small tract, tne railroad ,
wiU find in Lake and Harney counties ,
an Immanaa t.nnHLre awaitlnif tha
operation of tbe line. -Portland, Ore-.'
gon, Daily Journal May 6, lUOtt, , '
I