i.AKKVIKW, I.AKIv COUNT V, OUKCSON, .MINK 21. 1!HH). NO. 21 DEMI COURT CASE DECIDES 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 brand. " with the horseshi t ih r NATIONAL IRIUGA TION Will Hold Its 17th Annual Session this Year At Spokane 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, any : "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. SUPREME DROWN CONGRESS The Man With a Hammer in Poor Business "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 A bit" Ins LAKEVIEW FROM KLAMATH i 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 breed iii. NEW STATE LAW REGARING MINORS All Under Age Forbiden Playing Games of Chance effect 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 naturally 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 WATER IN Immense Machine Has Arrived for Dave Edler, the Sheep King 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 alon 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 by water. 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 think fitinve contention. 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. ARTESIAN LAKE C01TYn w will cost Mr. Edler between fl.OOO and tXMJ. 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 tuent. 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. ; i 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 advertising 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 With Sage Brush Tea ! 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. N. C. 0. ED. Construction of Alturas Lakeview Line is Cause l)in; Hook: bell. Puafry'a in well! Who put her in? The little N. C. O. the The Portland paper received terrlav morninu announce that yea bids 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 Countv. 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 active progress? i If so, bully for toe N C O! lui uunviuiLU The Venal Rich Hake An other Score on the People 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 nfw niRFr.Tnn.s ! FdR flllR sriinni.s .. z;;:: 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 coming year. 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. WILL RAILROAD BUILD ON WEST SIDE GOOSE LAKE Indications from Work and Surveys Made Point to that Outcome a 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 government laud. ! 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 cup. , 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 Enterprise 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 created? 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 canals soonnow 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.