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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (June 24, 1909)
i.AKKVIKW, I.AKIv COUNT V, OUKCSON, .MINK 21. 1!HH).
IN FAVOR OE
Lower Court Reversed
and Case of Brown
Vs. Moss Remanded
For New Trial
I Im mi t inni cmiit Iiiim recently
I mi li'il i1.n h ilnc! '.inn III tli" cane
t 'A'. W. Itrouu vii. V. .. Mv, in J
v Iviugthn ownership ot some hnrie
'I ,n cami was tiled In Lake county
iiiul dnotiled In Hi" circuit court In
lavor f Mu, luit Hi supreme court
linn reverse I tin lower court mi I re
mumled It foi trlul .
'1'liln cm I of mora or leas intermit
to ntockmeu a II deala with the I"
galily of brand wlilch ar of record.
It em the circuit Judge ruled out
certification of record of Mr. Hrnwu'
I mini In adjoining counties and Unit
tliu brand waa not legal In l-nke
county u account of Ita similarity
tn the lirnml of Mom which him been
uiHiia of record. Tim supreme court
I,,. id. t tint Brown's brand waa proper
ly recorded and certified copy
htjuiilil have lieeu admitted us evl
detica. I1i ill-rid Ion ityii III part:
Ilia bland of the plalutllf, as re-
i-i.nlnil lit til in. maillot tha aame aa
tliHt alleged to have ln-eu prelouly
recorded IT defendant, nor was it
ilmilar thereto within tha meaning ot
the iitat . -.e. Tha law provide that
w dan a brand haa been re-onliid In
nnv county, no othar person, corn
pany, or corporation, can record tha
huh. I. rami or brand alinil-ir thereto.
except v.ith the written consent of ttin,
owut-r recorded Sen. 4 'J H II. A C.
Cninp Thn defendant' I. rand for,
In i mm. aa cIhIiufiI to have been re
corded by him, consist of H limp
ni-nnl I mi! a horseshoe In shape, with
the point either up or down, on'
either it I nth jaw. Alaon hiinil.ir
Im p or horseshoe with the points t.p :
in..! a lilrek crura linriied intely to the
right of It on either hip. I'liiint HI a ;
brand, h Hint recorded, wan fori
horses nli.ne, and Coulstd if a
' 'horaaaboa, with bar under, on one
or both Jia, and a horecshoe on om
or both jaws." in August, V.ntl, he
recorded hi" briiild again. Including
therein one for sheep, aa well as
horiMia. In the certificate of adop- I
lion ha atate that thla brand fm .
Iioraea la a lloraeahoe liar ou either'
or both Juwh, lima iudicatliikC that it
uilk'ht t e n horaeahoa with or without
the bar. Tha i roparty in controveray
in thla action ia aliened by plaintiff
In hit) complaint to have, been braned
with tha horaeahoa brand and it B
to prova ownerahlp of tha animal an I
hraudad that tha certllled copy of
the record of hla tirand waa olfered aa .
avldenca. In thla raxard there U no
conflict between the. brand of plain I
tllf and defen lant. The dafendant a
brand for Uoraea riiaamblaa a horae
ilioe with point either up of iluwn,
while thnt of he idalatllf la a horae-
ihoa with open end down and it bar
iniinitilitttuly iin''ar It They me ,
therefore, in thla reapoct, at leaat
not thn amne nml a ooullict tu enn.i
other purtlcuUr wo.ild Im luinmlerial ,
ami not rentier tho eutiri) biaud, aa i
leconled, iuultectlve, aa prima fame I
evidence of ownerehin of aniuiHlal
t mu led
with the horseshi
t ih r
Will Hold Its 17th Annual
Session this Year
Kpokaue, Waahlngtcu, June 21.
Legttrdmg the importance of the work
of the National irrigation. Congrean.
which will hav Its 17th seaalou in
Knokaue, August D M. K. luaiuger.
Chairman -t .th Hoard of Control,
"The National Kecliituatioii act wus
passed iu WZ. At that time there
were lu the government's name, In
the 10 states affected, 0(iO,tU,00
acre of arid land, of which
it was etimaVed possible to reclaim
suMlcleut to support ,0t.0U)poopl.
Hy l'JIl the recalmatlon aervic.e wld
have reclaimed nearly 'AOtD.lXlO acres,
Kt an estimated coat of fJO.OOO.OOO.
Ther. are 40.000,000 acres of arid
bonis susceptible to reclamation by
irrlgullou. The construction cost of
recalinatlon works 1 teturund to the
government from the sale of the luud,
(he proceed to l again used lu fur
thering irrigation development. Ir
l ittgtiou Is making a garden spot of
an empire of the Hireat Auierlcau
Desert, and the work of tha Irrlgaj
I loo congress Is yet iu It Infancy.
ieorge K. Haratow, of liarstow,
Texaa, it prtsldeot of tha congies ;
H. A. Fowler, Phoenix, ArUou,
rtcretary;K. Inalnger, of Bpokaua,
(hainnau of the board of control,
and Arthur Hooker, Bpokaue, secre
tary of tb board of control.
The Man With
a Hammer in
"Hill- o" lllxOlllltellted 1( nnrker,
ISrouim' 'limit 1ln rim Iiv'h (II-.
( ' l ir f rut yer dismal tiillier;
I 'I'm l cniirHM n' liver i 1 1 4
I Mop V"i if urn kl leu li'iwlin'
i I'llllW C( IMC elllnl II !l I U I f H'lllM' k'rlt,
)hm'( ell in I In1 1 1 (f I i H ylnwliu'
I . 1 1 1 1 1 1 1 I In' fin!
j An' lii i.fl
I A I. it
' "I nil In while lli I - 1 l .l.3 "'
Ketch 1 1 1 kIi i iiihI ti i n iiluiif
I Mi ml i ' (n-ni-1 in IbI o LliiVlll'
i .) mi' I In' luilli'lyiili hi mi !
i ini jit 1 1 ii in .hit - - . I some r'Hiiln'
j I II llll H lllll II Villi CIIHH, mi' m 1 1 1 It.
I l.vi'iy echo with yiT timlin';
lump the roost
A II ' Itllllft
Our Baseball Boys
The TricK by a Score
Of 11 to 4
The Klamath I'al.a Kxpreaa aay:
Nearly a thouaaiid peonle gathered lu
the baaebali park yeaterday to are
l.avkelrw lower the etandnrd of the
I'oVoteH herd and tiall It in the dual.
It would tot have happened hail net
Akoc none to the circua. Aa it wan
the team from our tieiftMinrtiiK city
! had no trouble In cantiirlntf Xom
Klnney'a oal. The alauhter of our
hitherto uudefeated womjeta waa ac
coiiipllahed In the third epaam, and
It waa a ipMHiu, believe me.
With two Kone to rooat, that Coy
ote bunch audleiily ahnwed a wicked
utreak that make the name appro
priate and juatlllea Its line. One hit.
a walk, and mx error vava Lakeview
neven run. The tlnal acore waa
l.akeview II Kalmnth Kalla 4. The
return name la to b played at Lake
view the Fourth.
The Kxpre under the caption "lie
lieueroiiH," alajaaya: We noted with
aiirprli.ii at the Liikvelaw -Klamath
I'alla bull mime yeaterdy that our
military baud, and it ia h lice band,
ill. I not play when the wall ant I.ke
lew team made a brilliant play, ami
enpet'iiilly in the third innliiK when
l.akeview iiiiiiIh tlx num. tint did
play or toot the horn or beat the
.li inn w hen our home team made a
run or a tsood play. j
Thin l all w roiiK- Our hand hoy
ahould be u iieroua and chlvalruu i
enough to heartily applaud our rival
wlien they deaerve it. He ieuerou
to a rival. It i a nin of ood
NEW STATE LAW
All Under Age Forbiden
Playing Games of
A new stats law is uow in
iirohibiting ow ners, lessees or propri
ttora of cigar stores, poolrooms, card
rooms, ec, to allow minors to play
game of chance in their establish
ment. Tha law and its penalties are
as follows :
tiea. I. If any person biug the
owner, lussue, proprietor or employe
of any cigat store, public card room,
saloon burroom, put lie billiard room,
soft drink establiahment or other
public place of amuseuiaut or shall
sutler or penult any minor to engage
In any game of card, billiards pool,
bagatelle, dice throwing or other
game of chance In such cigar store
etc., etc., either for .amusement or
otherwise, such person shall be
deemed guilty of a misdemeanor and
upon couvlctiou thereof shall lie pun
ished by a Hue of not less than 91 nor
more than 1100.
Hec. it If any minor shall repie
sent or pretend to the owner, lessee,
proprietor or employe of auy plaoe
enumerated iu section 1 of this act
that such minor is 21 years of age or
upward for the purpoao or Inducing
such person to sutler or permit said
minor to engage iu any of the thiugs
efiumeiated in asid section, such
minor upou conviction thereof shall
eb punished by a line of uot less than
110 nor more than tll0.
Team Drowned in Mud
Hilver Lake Leader, 18: Whlla
working ou the dam to divert the
watsr of Auna Hirer, Mr. O'Urieu
lost a valuable team, which be bad
purchased ouly a few days before
from Zed Harri. for wbloh be paid
200. He was scraplug dirt from the
top of the bill wbeu the scapsr stiuck
a root which soared the horses and
they became unmanageable and
rushed dowa the hill, orer the dam
luto the Hoft mud where they sank
rapidly and were drowned bof ore they
could le extricated.
The Oregon and Idaho Develop
ment League will bold a session the
Fourth at burns.
NORTH END OF THE COUNTY
FROWNS 0O1GH SCHOOLS
The Silver Lake- Leader Talks
for Separate High Schools
for Each District
I ' he Silver 1 1 a lie Leidir of the IHh
Idoea not liike k indly to I he proprnd
' t Km lr tl e erection of two hih
! Hchoola 111 t h County, an thn follow-
iiiK from Ita co'uintiH will tentify:
j When the. popi lut on deinmi la mid
ho IIiihiicimI condition "t c.ouiinun
: ity Ih audi aa not to make it a bur
'deii upon tho people, H hitfb fchool ia
I tha proper thiiitf. hot em h diatnct
i or coininunltr ahool I uil l it own
hll achool. Thn county Mu'H arnooi
dan la to tax the entira ciuiniy i
...ll.l ! biuh aehoo liUliillilWH, II
mmli h ill un Hhoiild Hiiicieil
i uLLtifiu would '.et ona. but w liera
n Uoulil tha othnr ona l.a loi-Hted? fr
1 1(1 "Tally In the north end of the
leountv. at Hilver Lake or FalHley.
Now hare la where the Jon comen hi.
tha board appointed l i '-co-operate"
.III ouiihhb theae two ilixtrutH, it
will aacirtalu which haa tba wreiit-i
r numbar of nte; then 'Vo-oper-
t . . n I. ..II. nUnal
lion uemna ; i coumr num
ui boon the ticket. vou
Lakeiew and we will vote Tor surer
Lake, (or I'aUley)" If the fcChool
ahould be located at I'aiwlcy what
oenellt would Silver Iak, oi Warner,
or Pine Creek dervlve from it? not
one cent.dlrectly or indirectly, and
yet the entire county mut contribute
to the ume. Thia d'.atri' t iu juat
now building h nef achool houae.
ami leal year we were tad to uui''
a court houae,id the taxpayer would
like to have a few dollar which be
could call hie own. The bih achool
ivadrik-ht, 1 lf Lukeview ia In
WILL BORE FOR
Immense Machine Has Arrived
for Dave Edler, the
Klamath Herald, 21. The laud
owners of Klamath and Lake counties,
especially of the dry sections, will
waicu wiiii niwin" "i V
to U, made 1"n,erB"V""
rdler, the sheep king V'"
Oregon, in drilling lor awr. viru.
T. Ualdwiu. the hardware merchant,
rum innt received for Mr Edler one
of the No. 27 Star portable drilling
machines, and it is now at the rail
road yard in this city and will be
unloaded in a few days.
The machine and elu!pmnt ocenpy
an entire car and exceed 22 Otf
pounds in weight. The No. 27 is the
next to the lamest uiachiue manu
factured, and it i considered one of
I the best machines on the market.
I The machine v ill urill to a depth of
2.000 feet, and the manufacturers
j guarantee that with the Star machin
ery they will drive more pipe arm n
deeper Dole and spud a deeper Dole in
twenty four hours than any other
portable machine made. Ou aecouut
of the immense size ot the machine
purchased by Mr. Kdler, a separate
2T) horsepower oil burner engine will
Mi. Edler Is expected to arrive
here in a few days with teams to re
move the machine, aud it i probable
that the first well to be drilled will be
no Mr. Filler's place at Keno Spilnas,
a few miles beyond bonanza. Mr.
Edler also has large holdings in Lake
county, whore wells will be drilled.
Tu's is one of the most important
experiments ever undertaken in thia
section of the state, and it li one
onlv nossible with a man of Mr. Ed
u -'s wealth, as the machine
SMALL BLAZE IN TOP
EARLY TUESDAY MORNING
Au alarm of tire at two o'clock
Tuesday morning awoke tbe town
from a sound si umber.
The lire pro fed to be located in tbe
Holbrook dwelling recently occupied
by Prof. Prion. Or. Hmith and fam
ilyhad just moved in Monday and
were not settled. No tire bad been
made In the house and the room ou
the second floor in which the fire
originated bad not been entered. It
Ih presumed that there may have
been loose in a tones In tbe room
and that mice did tbe mischief.
The firemen got a stream of water on
tha bouse aud succeeded lu putting
out tbe tire before it got under bead
way. Most of tbe damage was doue
It is fortunate that tbe Are was
quenched In itt luolpenoy. otherwise
from the closeness of the building iu
that vicinity a great deal of loss
need of olio li t her build it-Mill phy
fill it. too.
The l- xaiiiiiiiT In im lined to
that the Leu er it riiht in th i
Them in no '.uchtioii but that I.Hke.
eii.ji. nml I uke oiiuntr ll?ed better
j achool fncilitina. And thima are
I now ahapiiiK themaelvea ao thnt it
iwlll not be tieri'.-Kury for ai.vone to
j Rami their children out of the county
land away from parental p'",'',
janr intl'iei.ce to mi-nre H hltfh achool
i ediicut ion.
The fact of tha n atter ia that Lake-
Tiew not only ia able to provide a
jhliih acbool, but can also provide
better and Increased fa"iUtieH for
pri-iary education, and will do ao.
If the parent of children of other
part of the couuty desire to aend
their children to Lakeview achool
under the m.w and changed order of
thiiiw it ia likely they can be accom-
nio 'atd in the future
I rmull tuition fee.
Launch on Lake Odell
F. W. Slivertooth. of Silver Lake ,
ha purchaed a ttaaoline laancb at
lieod which he will place on Odell
lake for the accommodation of Hub -iug
and pleasure parties. The HH
ver Lake Leader aayi the lake pro
vide the beat flah'uK In the world,
and that allvei trout attain a length
of 24 inchae in it water. The lake
I an old crater of unknown depth.
After the ceann i over thj boat will
be placed on Silver Lake.
LAKE C01TYn w
will cost Mr.
Edler between fl.OOO
I It haa already been demonstrated
1 in the Wood liiver country that ar-
i luiun uta. .un ha .eniirefl n verv
! .hort distance from the surface, and
! it i the bl ief that the water can be
it is the tulief that the water can
'struck in any part of Klamath and
Lake counties if a sufficient depth is
reached. As this macbins will bore
to a depth of 2,000 feet, there is lit
tle doubt of the result of the expert
It is also possible that in the ex
periments to be made, a discovery of
ell may be made. Although no wells
hare beeu dicsoered, tests made by
experts have shown tout there is oil
iu this section. Mi. Edler state that
he will be perfectly satisfied lf he
striae a good flow of water, as he
doesn't believe bis sheep woulc" drink
oil anyway, and he is in the sheep
business and needs the water.
Barclay Gets 8 Years
Wm Barclay, be ludian murderer .
ot Sid Jacobs, was sentenced to 8
years imprisonment. Tiie deed was ,
done during a drouken quarrel be-'
tween tbe two. Jacobs will be re-.
me tube red as tbe jockey who was in '
Lakeview last June, and left here for
Alturas. The money won there was I
tbe cause of tbe dispute. Tbe fact1
that the deed was done on the reser-,
ration, where Jacobs bad no right, :
coupled with the plea tbat it was j
self-defense, was tbe cause for the
e''U btneaa of tbe sentence. I
.might have been sustained including '
the Snider Opera House and resi-1
I dence, also the residence of A. L.
I Thornton. ;
Doings Up North
i the unanimous rote for Measrs.Tboru-
The Silver Lake Leader eays that ' ton and liailey.
Dick Sberwoodt wethers have aver-' Mrs- Umbaob was unanimously re
aged 11 nounds of fleece, tbat tbe elected clerk of tbe board for tbe
U. S. aurreyor general it
f oi bids to survey T. 2i h., li. It E
on tbe north slope of Couley Hills,
that the Hares liios. sold their
beeves to Dexter Bros., of Et. Klam
ath, at 31 for four year old steers,
and f25 for spayed heifers; tbat tbe
ranchers at Ft. Hock now number
GO, where two years ago there was not
oue, and now tbey bare petiioaed
for mail terrice, and tbe Ulorioaa
Fourth wlli be appropriately celebrated.
Sprays Orchard j
! A farmer on thf aiue l.rm-h idalin
', of WaHhliiKlou lielievea tie haa irade
j a vtvhI discovery which will be of
I inoch a IvantaiH to the orchard Krow
. era in hi vicinity and elaewhere. He
; Iiiih tried mw bruh tea a Hpray to
jkiil tho vei mill on hin treen, and It
i Iimm d ine t'i work jut an well ami
'tl.orooi.Uy ii m though the aolphur
lin.e h hul been lined. He had
previously ohm-rved thnt none of the
i fruit tree pein were to be found on
ttie Hine bruah in hii vicinity. Km
ther e:.erime;;tt will be continued
iiIuiik thla line .and if aiiccena. Ml temN
it, the farmer iiimv find he ban Knifed
,ii reputatirni of which an nrKlcultural
college proIfefMor would be proud.
Construction of Alturas
Lakeview Line is
l)in; Hook: bell. Puafry'a in
well! Who put her in?
The little N. C. O.
The Portland paper received
terrlav morninu announce that
for the conatruction of the Deschutes
line of the S. P. into Central Oregon
will be announced within day.
Col. Holabird, HarnmaD'a confiden
tial man, haa juBt been making an
overland trip rforn Winneroocca, Ne
vada to burns, county seat of Harney
Can it be that all this activity on
the part of Iiarriman is due to the
fact that the N. C. O. or, Jim Hi 1,
or possibly Oould, has declared the
purpofe of constructing a line through
1 Lakeview and on to the Dalles, on
I which construction work Is now in
i If so, bully for toe N
The Venal Rich Hake An
other Score on the
The expected na haptened. Cal
houn jury disagreed, 10 for acouitral
and 2 for conviction.
It seems impossible to convict tbe
venal rich, no matter what tbe crime.
Samuel L'ntermeyer, the great lawrer,
of 'ew York, in a recent interview
said. irn the U S. bow to the will
of tbe trusts, in speaking of tbe de-i
velopmeot growing out of tbe sugar
trust prosecution, and that tbe gov
ernment's band it stayed while money
pirates and pools rob the public.
Exasperated under tbe taunt of
tbat man Aldricb, in the United
States Beoate, Senator Cummings said
that it looked aa though tbe people
were never to get justice until they
resorted to roe and lamp posts!
And it may come to that if these
things are not stopped.
Heuey says he will prosecuto Cal
houn further, and Calhoun says he
will prosecute tieney for accepting
bribes troin Spreckles, and also
Spreckles for giving bribes to Heney
for carrying forward tbe prosecution
against him t
Did you ever hear of such auda
cious aff xintery ?
A mau convicted of murder, could
do tbe asme thing to tbe Judge and
jury who sentenced bim to bang
provided of course be bad money
enough to make tbe attempt 1
! FdR flllR sriinni.s
messrs. Dcuiey dim i nurn
ton the New Hen
I Tbe school election on Monday was
largely attended by the taxpayers of
the district. The ticket comprising
A. L. Thornton for tbe short term
of two years, and Harry liailey for
tbe long term of tore years, was
elected without an oppoaiug vote,
i In fact no other nominations being
I made the clerk was instructed to cast
A report on tbe financial couditiou
of tbe district was read, aod will be
published la the Examiner soon.
It it to be hoped that our new men
will provide adequate school facilaties
for Jakeview which meant a new and
op to date high achool aod improved
facilities for tbe Instruction of those
In tbe lower grades.
Farmers need Lake Couuty Land.
BUILD ON WEST
Indications from Work
and Surveys Made
Point to that
ia retorted tha. a io of Wt
'ireekn have been a net at wi rk on the
we-t fide o' the lake, ou the no called
i htito r..nd.
If this ahould be verified, it lo iks
exceedingly bad for a railroad be
tween here and Altiira. Via New Plna
' Creek. It ia atatod that a better
vrade tan be obtained on the weHt
shore of the lake, and bealde4 that
the railroad people can obtain the
right of way with little or no trouble
on that side, aa the road would lie
constructed most of the way over
! It is stated that property holders
I on the east shore of the lake had
j threatened to bold up cona'ruction
unless their price was paid for right
of way. If thia is correct tb.ae neo
ple are making a mistake, and one
that they will rearst sooner or later.
An evidence of the futility of a
hold-up of thBt sort is had in the
case ot the Susanvilie and Honey lake
settlers whose action drove the N. C.
O. out on to the Madelaine plains,
where neither the Co. nor the ranch
ers made anything out fo the deal.
There is no question but that the
east shore of UooBe Lake contains
the best land, which is improved and
capable of great things in frnit, grain
and other farm production, espec
ially of the dairy, but railroads into
a new country always take op the
line of least resistance, and If tba
mountain will not let Mahomet come
to It .then Mahomet must go to the
mountain. Jo this case it would
iKoi tarmcru of the eastern
j uirau . ' - ,i.i
I shore would be obliged to haul their
I products to Davis Creek or Lakeview.
which would be a great inconvenience
and would prove m burden of expense
that would always be a perioua handjr
If not too late thn settlers of the
eat side for their own interest should
get busy and bead off this move on
the part of the railroad company.
THE FEW WHO
WANTS TO WW
Wonders Why Portland
Is so Far Behind in
An anonymous writer in tbe Klam
ath Herald wants to know why tbe
great papers of b'ricso and Portland
gave the Kailroad Day the go-by,
while, the Scrameuto Hee and Portland
Journal both had active representa
tives there? He also further inquires:
Can it be possible that the others
did not think us of sufficient impor
tance for them to take mure than a
passing notice of? Or did hev sue a.
second Spokane building here ia this
newer portiou of tbe great Inland
Empire which in tbe near future may
even disturb tbe even tenor of their
way, as Spokane has recently done?
Perchance they may ven look far
ther and see with the great develop
ment of this section a proposed divi
sion of tbe states of Idaho, Oregon
aod California and a new state
Vou can readily see that there are
different ways of looking at this mat
ter and different constructions can,
be pot on tbe same.
WILL WORK ON THE
R. J. Martin, of Kansas City, Presi
dent of the Oregon Valley Lund Com
pany, arrived in town yetserday on
the auto stage. He was accomoanled
by E. Hanson, ot Los Angeles, of
tbe Hansen Construction Co. In ad
dition to Mr. Hansen there are sev-.
eral other conractors here, all sub
mitting bids for construction of tbe
irriagtion canals for the company iu
this valley. It is uudettaood that the
contracts will be let this week.
Rev. A. F. Simmons, pastor of tb
Baptist church ut Lake City, Calif.,
and T. F. Heard, deacon of the same
church, passed tbroufb towu yester
day eurou te borne from Silver Lake,
where tbey bare been tu attendanoe
at tbe annual meeting of tbe Haptist
Association for California aud Ore
gon. Wasbintgon. June 18. Ker. Ulytsea
Grant Pierce, li. U, pastor of All
Souls' Unitarian Cburcb, of this city,
today was designated tjr a Senate
resolution to act as chaplain. Mr.
Pierce was pastor of tbe cburcb wbiob
the president attends and aacoeed
late Iter. Ewdard Ererett Hale.