, ; - r ' t VOL, XXXI LAfCEVIEW, LAKE COUNTY, OREGON, FEBRUARY 10 1910. NO.fi ; STATE tLAIMSjSeiMtor WARNER VALLEY STOCK COM- PANY UNDS Supreme Court Remands 'the Case to Lake County for Retrial-Half. Mil lion Involved 8ALEM; Of.. K-w . -AfUir UUd 10 litigation tec- the past five yeare and tbe oaee of tbe 8UU f tbe Wer ner Valley Htook Coaioany end K. F. MoConnougny, 10 wblob tbre le In volved 22,471.73 aorea of iwiinp land, will again be tried la the Circuit Court of Lake county, tbe Suprem Court bating reversed aod retuauded tb cats this morning la aa opinion written by Justloe Eakln. Tbls la a ault commenced by the atata agalniit the Warner Valley Htook Oompaoy li. V. MoConneugny, III predecessor iu Intereet, .and 28 other persona were homestead settler on a poitton af the landa lovolved, for the purpoee of canceling six certain dee Is ismied by thH Ktate Land Mwird to Mcnonouugby, conveying rn bod ies of swamp laud now claimed, by the latter. A demurrer tiled mi the coiiii'lulii la the lower court wm tallied except O0 tlm lnt deed lesiied l.y the state in JHS'J. conveying Wis. 11 acre, on the ground that an it wiih barred by the ftntun of limitation in that It area uot brought within ten yeara of the date ou the deeds; also iy the piovlsloo tbat do ault "hull te malntased to cancel a patent by either the JUnlted Btetea Jor Oregon unless begun within 10 yeara of la auance. Tbe Hupreme Court apbolda thla contention nod la oooci union aaya that tbe demurrer of tba com plaint, ee far na It relatea to tba deeds t date August 21, l&tfl, aod the oo a Itaued to 1893, will be overruled. And na to tba ooa under data of Januaiy IS. 1839, II will be eusUiaed nnd tba dr on facta na to dead, of date Itfc. will ba rerereed. ' Tbu property was purcbaaad for II par wore by tba oreaeot bolder bat It of roach greater Tela at tbe present time. It baa oot bean an nonooed aa yat whether tbe Supreme Court's oploiou la Anal but ondbr tbe preeumptloo tbat it la, the do fendente are .to rrnalderlug the per fection of an appeal to the United Htntea Hupreme Court, according to minor about the tnla ral'al today The government claims t'. have trapped the "liltiher np-thlef" In the aouar triiHt linn 1 llbat's a starter. .Now keep It "D nnMI voil get John I)., J Pi-rp. the (!untfHuhiiuH other of that Ilk imii kIh the rent if na a ehow to make ho honest dollur. Eastern Orchards Bad A Philadelphia newspaper hH ad TUed laruiorH of FenuMylvania and the eHHt to vlHit orcbarda of the nnrtb wtt, to learo n IfHBOti in fruit cul ture. It coutenda that they can raie jul aa Hoe a quality of npplva on the Atlantic count, if proper care la laheu lo prevent ileneaae and peitta. Atlan tlou la aUn calloil to the attrautUe manner lo which Waaingtou and Ore uou apuleH arn aorted and paoked, wherttuH the etihloru fruit In dumped into m barrel. It t'oucludoi that thia la ou'y ono of I ho mauy leBHOim tbat the eailern furmer cuu loarn from bla wntern brothoru. 0. V. L. CO. IS BUSY WITH ROCK WORK In Spite of the Unprece dented Winter Weather, WorR has not ceased The O-V-L Co., In spite of tbe ua- UHUttl weather foi theao pat In la oo inu all ooHHibla to forward tba work on the chubU aod dltobea. While there hue been a auapeoalou ou the dirt work ou tbe cauala, rock work baa heeu carried forward nil winter Quite a stretch of tbe same where It debouches from the cauyon, waa the beaviest aort of work, requiring bluet ton of the entire oaual from solid rock, with no oer-burdeo at any place. Tbat la now nearly completed. it waa the most costly nod difficult part of the work, lu addition to tbat work the blasting out of tbe oaoal, .A flnmo fmmdutiona ill the CBUTOO IB also to be rusbed. Aa 200 men are em- j ployed at tbia work. At the earliest poaslhle date, ao aoou as the ground la suttloeutly thawed out, tba work of completing tbe ditches will be undertaken. Hicks' Weather Prediction Tbe Kxainlner bas aeeu a copy of tbe Irl R. Hicks almanac, and be predicts bad weather rgeoerally for February and March, with attendaut loaa of atock onleas tbey are properly fed and Doused. Nubecrlbe for tlw Kxauiiuer. dlices a New Hoiiiestea United titalee Beoator iioorne Oregon will Inrtodooa n bill la Con greaa tbat will prove n beoo to tba bomeetaader. lie take tba broad around now praotiaed by Hacratar llalllnger, ao far aa tba law will par m 1 1, that Improratoent nod cultla tlon of tba land la of n greater benefit to tba howeateader, tba community and tbe government tbat baa bean tbe oaaa where strict oheervanoe of tba realdeoce claoae baa been Instated opoo aa the oBler quaiiuoanon lor dual proof Tba featute lotroduoed by Senator Uooroa appeals atoogiy to tba Kiamloar. nnd for tba reaaona ao ably net forth, by tba Beoator, wa arn of tba opinion mat it wiu meet universal approrul by tba borne- ateader nnd fell who desire to see the couotry brougbt Into a atata of pro duotlveoeea at earliest possible data. Tba senator wilUs tbe hxaoiloer na follows: Kditor Kxarelnar: I am aeodlog this general form of letter to many nawa papeia, grangea aod oimmerotal organizations of Ore gou for tba purpose of g'ttlog betoie tbe people the Idea 1 bavt embodied In a bill I shall In trod nee in the Hen- ate tbat production of crops rather than residence upou a hnicestead la thi eksential of nuocesful and oiost etticient development of our re soiircea I have done this In the hopes that the - people of Oregon will avnr their delegation here In Con erewM with tlielr views as to the Mis- loin of the propound leglHUtloii. 1 am Inforinad y Mr. Willlnnt Han- ley an exteuitlve uto.-k miner i.f llsr ney Ciiuntv, tliat there are 20.0CO,K)0 aores of vacant land in Kasteru Ore gon lnupalila of irrigatiot). but near-, lyallof it is suao 'ptible to oulitvatiou undo'' the acleutillo luethuils no lu vnuan In "dry larmlng. " Mr. Hau ley's auggestluo of aubxtitnts stltuta crop Idents as te ' ng title In I production for actual res consideration for obtaining creaslugiy Impresses my mind. ir tbe bill wblob I have prepared bould become a law. tbe homesteader on non-irrigable lana in wnai la known na tba arid reg'ou need not live upon bla land at all, but must live within the Bt ate. tie must culti vate It either peisooally or by repre aeotatloo nnd b must show by an noal proof tbat within a period of LONG VALLEY WILL EQUAL SURPRISE Alturas 'laludealer: Mr. MoAfee, the surveyor and engineer, spent Sunday In Alturas, , He is at present engaged ou the uoug valley reoiama It ou works, aod informs ua tbat with tho opening or spring 100 men will be put to work The col 1 weather conpelled a Mii4ieo-ln of labor out there, but tbe work of the engineers has progreeed far eunon.n that there will lie no delay v. lieu spring ooce opeus. Tbls work will opu up thous ands of acres of valuable farming laud beyond (Surprise Valley, in Ne vada, and If tbe purposes of tbe compauy having the work in hand is cairled out will produoe another Sur prise Valley. Rush of Home-seekers There la apparently do let up to the people coming in and taking up homeeteads says tbe Silver Lake Leader. Kaia or shlno, wet or dry Miev come. And well they do, tor before tbe middle of the summer rolls Hrouod tbe vacant land In north ern Lake county will be something not known. DAVY GIVES A WISE TIPTO POLITICIANS llou Frank Haw of the Harney County News, who probably knows as much about tbe luslde workings or politics in tbls state aa auy one and who la oue of the strongest writera In Oregon gives this tip to politicians which is worth needing: Tbe Oregouiao's symposium of opiniona on tbe proi oed party "as Humbly" discloses tbe fact that while the politicians throughout tbe state are largely iu favor ot it, they are mlgbtly afraid or it aod they want it very carefully bandied. It will, in deed, need the nursiug of very oool beads. Gage Brush Lands Reno Journal : Better buy your mure hrush land now while It la cheap ihn avneriiiinnta to ba made at tbe university in the distillation of tbat heretofore despised produot of the de- sert will If successful, give tnese ine roaa n m uuiupinmu .uiu up lands a value never before dreamed . ney valley this yoar, and will ua con of. Tbe by produota of the sage tiuued on to ooast counetlona. There brush, it Is olaimed, will -ell for more oar loads ot dynamite have already than enough to pBy for the land, and arrived, which indicates that no time another crop ia said to grow almost will be lost when tbe weather will aa fast as tb first crop is removed , pormlt oonstruoton work to prooeed la case these experiments prove all i to advantage, that Is hoped for this iudustry will bave the elfeot of bringiog more oeo Jt Ja report.d that the town of le to Nevada tbaa were ever here Qujn0y Plumae Co.. Calif., is Iso fore. uted by deep snow, gray wolves A feature of a new German system telephotography ia tbat tbe wire used to transmit the picture may be used for telephoning at the same time. SoEirae He Thinks Interests of Homesteader and the Government Better Served by Production than by Residence Requirements. five year tbe land baa produced crops of m tctal value of 11500. Assuming tbat Mr. lianley'a esti mate of 20,000,000 aorvs vaoaot land la Eastern Oregon la correct and tbat same can be brougbt under culti vation by adoption of what Is known as, "dry farming." tbla area of land will furnish orporaotitles for 00.000 bometad eotrymeo who, before Ibey could aoqulre title, would be obliged to prndoee crops of a total value of K),000,000. Tboa it will be seen tbat the Nation, Ktate and com rnuolty would be benefited in tbe de velopment of our natural reaourcea, wealth Inoreaaed. and, wbat la more I m porta t, a claas of oiizena gained who would be obliged to produce rather than merely live on the land a population of workers. 'In its present condition and In the preaent state of transportation facili ties most of this laud is oot suitable i to" homemakiug, though it c nil Id he I cultivated by men who wmld make 'their homes elsewhere, or upon the ; laud throuuh only a part of tbe year, j My bill Is baited upou the theory j t but if a tract of lund Is made pro- duct Ive It will provide some family I with a borne even though t'uit fami ly lives In a town near tbe land ratb I er than upou tho laud iself, and tbat VT . . i 61 0 bomaataad law P'Uhed- Jne reat therefore, all of the esseutial objects will be aoom dittlculty under the present homestead law la tbat a great many men settle upon tbe land under tbe homestead act do as little cultivating aa tbe law will permit and avoid as many aa possible of tbe Uovernmsot'a requirements and tba land la not made productive. BellevinflTthat prod uot ioo ia tbe real essential. I made that tba moat important feature of my bilL Land eoltabla for "dry farming" la fre- Bldwell Flffurinff lo view of tbe fact tbat tbe N-C-O la about to extend Its line birtbward from Alturas. a mora ia being made by tbe r'ort iildwel psople to have a mall mate established- between I bat place aod Willow Ranch. It Is likely tlmt tbe route will be changed to Lakeside so soon as operations in a building way are Inaugurated ia that towu. SURVEYORS BUSY IN WARNER VALLEY The Company Has Be gun the Work of Sur veying for Ditches Manager Ilelknap, of the Warner Valley irrigation Co. sent out aootb- er surveying crew this week, and has gone over to tbe valley bimself to superintend the work. Wbeu tbe weather moderates snUo ieotly to work tbe grouud ou the ir rigation ditche-, aud tbe enow thaws iu tbe uiouutaius, so as to admit of work of construction on the reservoir sites, a full force will te put at work, and the work on the entire pro ject will be pushed as rapidly as men aud money cau pet form the la'ior. There is a great amouut ot work to be done on the reservoir sites iu the uioutaius, aud the preseut heavy snows aud luulemeut veather so un usual In tbls section have greatly de layed the wook, much to tbe regret of Mr. Uelkuap aud bis associates. It Is evident tat tbe work inaug urated by this company will soou make tbe "desert bloom as a rose" ad will add immeasely to tbe wealth and productiveness of tbe county of Lake and of this Great Inland Km pirn. Trying to Head -Off Hill A Chicago dispatch aaya that a con tract bas been let to the Utah Cou struotiou Co. far tbe building of 80 miles of tbe Uoose Lake Southern connection from Vale in Malheur county. Material ia already arriving 'at Vale and tbe work will commence ! as soon as the weather will permit. are prowling around tbe town aod at taoklog all Huda of stock, but bave not molested any person as yet, though all go armed I Well, If armed why don't tbey kill tbe brutes? of Oregoe, quently aucb asa maa woald not wIsB to make bla borne upon for twelve months la a year, but tbe present law permitting ao entry on 320 acres requires actual resldenne, and 1 be lieve, without xccomplisbing a de sirable cid bv such requirement. Under the plao proposed by my - oil! every maa aoder tbe 320 acre home stead act could keep bla family la aoy town of Oregon, where bla obild ran ooold go to school and all mem bers of bis family have tbe advan tages of attendance at cbarob and ao cial functions, ana, at tbe same time, by complying with tbe law regarding cultivation and production, be could aeoure title to tbe laod. Tbere would be no opportunity for fraod because tbe bill requires ttmt annual proofs must -be submitted showing tbe amount of land cultivated and the character, quantity aod value of : the crops pr duced. 1 believe that tbe average farmer on !:i20 aires of land subject to entry under the enlarged 'uomeHead act iwouH bo able to produce crops of 'much more than (1500 in value in I a. period of fle years; bit tbe tlMO riiinl'Oum limit in Uxei as a standard .to which the entryman must work 'audi believe under adverse circum stances any mao who is euterprisiug 'and diluent will be able to produce crops to this value. Tbe theory of the homestead law ia tbat tbe Government abould provide cheap homes fur tbe people. This theory la In no way violated by my bill. Uanj taken under tbla meaaure would maintain bomea for tbe entry men though tbeae bomea were a few miles distant rather than upon tbe land itself. Tbe reiadenoe requirement In tbe homestead law la la tbe nature of a penalty, toe . .pan iahoteot being - AM 101 SCORES BALUNGER Says Interests of Party Jeopordised by Attempt to White-wash WASHINGTON, tb.-rhe showing made by Lilavis has creuted such a panicky feeling tbat the adimuistra tiou realizs tbat beorio measure must be resorted to. Senator Root, in Taft'a offices, cen sured Uallinger for bringiog tbe ad ministration and tbe investigation cumiDltte into a humilntiug position. He told bioi b bad assured the Ke publicau members tbat be bad "fixed" bis answer to Ulavis so as to inaur- bis complete exoneration, whereas Ulavis' evidsuce showed tbe forest service possessed records of the interior department which when in troduced made tbe committee ridicu lous. Immediately after Root's censuring of Ualliuger Chairman Nelson de manded that couusel be provided by ISalliuner, aud all proceedings have been beld up since tbat time. Some are predicting tbat the inveatigatlon willuever be opeued agtio, Dallioger and Dennett being dismissed oral lowed to resign. DAKOTON PAYS $500 FOR A BIG TURKEY BELV1DERE, 111., Jan.. 28.-At tbe Northern Illinois poultry show being beld bere it waa aunuonued tbat tbe famous Porter turkey baa been aold by Mrs. Walter Porter of this city to E. 11. Uruns of Orient U. U., for S500. 'Ike gobbler baa taken first prize sweepstakes at New York, Baltimore and llagerst jwn, Md., and other o t lea where national poultry shows have been beld. ilia weight ia fifty two pounds. ' He ia said to be the largest turkey in tbe United States. 4 Season of Lent Lent begins February 9, fifteen dare earlier tban It did last year, ao tbat Easter Sunday will fall in Maroh instead of April 11. as It did last yeai. Inasmuch as Easter la fixed as the Sunday after the first full moou after tbe vernal equinox wbi b falls on Maroh 21 of each year it la evi dent that this vear will be oear tbe record foi early dating It will be the second earliest Easter 10 a quar ter of a century that of March 25, 1894, being the neareat to the vernal equinox In tbat period Lake County wauta you. SI flic ted not only upon tbe entryman bat apoa tola wife aod children. At preaent tbe eatrymmao takee bla family Into isolated regiooe lo which vacant landa can be found: and keeps them bere to live a period of Ave yeara of banishment fromiaaaoelatloa with fellow-tolnga. , la a great maay cases tbe home ateader perform just as little work open hia laod aa possible, rtnd as soon aa lie gets title removes bla family to town where they naa have tbe ad vantages of school aod social inter course. Toe real object of providing homes Is wot accomplished by the re quirement of actaol residence upon tbe laod. This object would be ao oompliabed, however, by tfte require ment t&at a ao shall bring bis land into productiveness. To", produoe, some one moat oultlvate, the laod. To cultivate economically, vicini ty, labor and intelligent attention are required of tbe entryman or his representative. Tbe entrymao's de sire is tbe acquisition and ownership of tbe laau: title can pnly be ob tained through prod act loff; prod no tion ' necessitates increased popula tion either of tbe entryaiao or tbeir representatives. Tbe valae of tbe land acquired by tbe eofrymen de pends upon . continuing 'production. Thus, it is certaia tbat tbe land once acquired wllL under normal conditions, continue productive, as otberwiae there is oo incentive for entry nor to purchase after title Is ucqcired. Necessitated production eliminates tbe evil of idle ljiud due to Don resident ownership. My bill requires tbat the entryman shall cultivate at least ooe-etgbt ot bis land tbe second year, one-tourtb the third year, one-balf tbe fourth and fifth years thst be must file in the local land office by tbe first of December of each year a sworn state men! verified by the affidavits of two persona having koowledge of tbe facta, ahowing the character, quanti ty and value of tbe crops produced by him. 1 would be pleased if tbe people of Oregon would advise tbeir delega tion in Congssa of their tiers oo this measure. jJm Yours very truly. 7 JONATHAN BOURNE. A Splendid Record ' - WASHINGTON. Jan. 23. -The year 1909 In sold mining waa marked by an increasing recovery from tbe de pressed ooodition of tbe two previous years, aocordioo' to data presented in a report by the United State- Ueolos Igcal Survey. There was a general advance io development of proved mines aod distrio'a. Frdm tbe pre liminary figures of tbe -Director of the Miot it is estimated tbat tbe out pot of gnM fur tbe year reached tbe total 01 $30,242,000. an estimated in crease over tb production of 1903 of $4 672,200. , Silver mining suffered during 1909 from low market price for the metal, aod for cooper aud lead. Tbe esti mated pruductiou lo 1909 of 53 849, 000 tine oonnes of silver . valued at 128.010,100 lodiuated ao increase in va'ue over the product of 1908 of 340, 500. BREWER GIVES SOME OPINIONS t NEW YORK. Feb. 1. Tbe cost of litigation, delays in . admnisterlng tbe law, tba uumber of : appeals and tbe current criticism of tbe courts are tbe themes discussed .by Justiae Brewer of the United State's Supreme court in an interview made public here today. . In addition to a sharp criticism of the preseut laws and tbeit enforce ment, Justice Brewer adverted to tbe growing problem of public owner ship of partly public enterprises, de claring that tbere is. every reason why communities tbat can ooutrol tbe capital should own, direct and re ceive all the benefits -derived from water, lighting, transit and telephone compauies. " ' In bis discussion of the law Justice Brewer said: ' " ''The seat of the whole, trouble, io my opinion, is in the fact that to many appeals "re granted... wbeo jus tice does nut demand It. A simple way to put it ia to say that our courts trifle with justice by permitting de lay after delay upon mere teohuioali ties. I propose tbat tbe states enact laws that will permit of but one ap peal after tbe trial judge. The laws of many states are aucb tbat a judge is but little more. tban a moderator." 1 Justice Brewer added that be would make one exception to tbe "one ap peal" plan, that where a serious con stitutional question waa Involved. Tbe Justice oouttnued by saying that be favored tbe pnlioy of a few lawyers who- aided tbe' eourt In ex pediting oases lie declared that tbe great majority of lawyers seemed to feel that tbey were not living up to tbeir profession if 'they did not qtobble over every detarl and gain all the delays oosnlble. (le closed n-s statement with an ortrent plea 'or tbe elimination of politics from the com is of tbe na tion. Tbe reason, she said wny be kissed .hei bauds.' waa beoause aba had tbem ovr ber face at tbe time. THE SOUTHERN PACIFIC IS RE- PORTEDWK FROMJDELL One of the Attorneys of Road Makes Interesting Announcement Inside of eia-xteen mostka the SootLera PaclBo Company will be op eratiog its Portland and Saa Fraq- ciaoo trains by way of Klamath Falls, over the California Eastern, recently completed to this city, and the Ore gon Eastern, now under coastraotioa north from bere. This Is what W. D. Pantos, at torney for tbe Uarrimaa lines ia Ore gon, eald at a baoquat given by the Retail Hardware- and Implement Dealers' Aaaooiatioo la Portland a few days ago. , "We have not been heralding oar doiogs down in tbat part of the State with the tlare of trumpets, said Judge-Fenton, "and hence little is knowo of tbe work goiog on thete, but I will say at this time tbat tbe f resent sixty-five miles of road are -n tbe course of construction and that it will not be more than elgbteeu months at tbe most uotil trains will be operation between Portland and San Francisco over a road baring at no place - more than a 1 per cent grade." J By making a detour through passes in tbe Cascade moontinaa to Klam ath Falls from Natron, and then on to Weed, where connection 'a again made with tba present main Una, a double track system will be provided and will permit much quicker trans portation of both passengers and freight, by eliminating heavy grades. The extension nortu from Klamath Falls will cross the east fork of the Deeobutes River to Odell Lake, hence across tbe Cascade Mountains and down tbe middle fork of the Wil lamette River to Natron. Froaa Odell a breach line le to be ballt to Lakeview. connecting with the Uoqee Lake 8outneo,- which will ran down by Altaras aad--ibrough the timber lands, connecting with tbe present heaaia line at both Anderson and Vina, aooerdinajto sarveys made and ondet way- One ot these lines will also connect with the Central Pad So In Nevada. FARM CROPS ARE TO DOUBLE IN VALOE Experiments Prove that Our Products can be Improved CHICAGO, Jan. 31. A dnobling of tbe present production of farm staples is in sight, aooordiog to Professor C. B. Buffum, of Worlaod, Wyo., who iaa pioneer in tbe science ot seed breeiiog. "We bave already practically doubled tbe yield of corn by selection and breed ing," said Professor Buffum yester day," but we neel not Btop with corn, as we caa deal with all other crops in a similar nay. Tbe reason that this has not beeu done earlier Is tbat olaot breedios hae been uti lized heretofore mainly for tbe pro duction of curiosities. Meu who brougbt out any thing were 'wiz ards.' Few saw any practlcalv alue in wbat was being done. Much was accomplished iu an esthetic way with reference to improvements ot flowers, but tbe great farm crops were neg lected "As Mark Twain naid In "Pudd'n bead Wilson." tr,n;nin i everything. Tbe ptittoti as ouix it bitter almond, and tbe cauliflower Is nothing but cabbage with a college education. Plant breeding supplies this 'college ednoaiton' of tbe plebetana of tbe veg etable world, and tnerefor by iaieas- lug crop yields, promises more tbaa anything else with referenoa to tbe growth of tba world's permanent wealth " Ladles to give Bazaar The ladle in charge of tbe Lake view litrary bad a meeting Monday evening discussed finance and de vise ways and - means to liquidate present indebtedness, amounting to onlr 1250. In addition to tbe ladry directors tbere were present delegates from the Eastern Star, tbe Rebekabs. Woman's Guild, and the 3-U's an organization of some of tbe young ladies of ths town After a general discussion it was de cided to hold a Bazaar in Solder's Opera House, oa Maroh lBth, at which time tbe ladies present pledged themselves to make a goodly display of fanoy needle wort, which will be sold for tbe benefit of the Li brary. It Is also the Intention at tbe same time, if preparation can be made to present a play of some sort, 'that will give entertainment to those who favor tbe bazaar with tbeir preeeooe. II preparation for tbe play cannot be accomplished. It will be given at some later date la the near future. (J