Image provided by: University of Oregon Libraries; Eugene, OR
About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (May 4, 1911)
Children Cry for Hotelier's
miss m n
A complete line of
uncoil nml 1ukk:
spurs, quilts, roso
ettew, etc., ete.
Kverythln In the
Hue ot CHrrlnK
it ml horse furnish
THE BEST VAQUERO SADDLE
ON THE MARKET
AHLSTROM & GUNTHER, Props.
Successors to S. F. AHLSTROM
Judge VVolverton Decides Against
Southern Pacific On All Points
and the Squatters as Well
LAKEVIEW ABSTRACT ft TITLE CO.
Have the only Tract Index to the real estate records
of Lake Connty, Oregon, and are in a position
to make Abstracts of Title in less time
and more accurate than can be
done by any other system
H. W. MORGAN - Manager
Portlaml Teletrrsm, April 24: Fed
eral District Jiulife Chtirles E. Wolver
ton decided this morning that the
Southern Pacific and the Oregon &
California railway eonipntiiea must for
feit to the United States Government
aiol not fit for cultivation, anil the
other third it titular lam), according
to W. D. Fenton, counnel for the
Southern Pacillo company. Mr. Fenton
said last night that about 100,000 H'r-
which is : sons from Mainu to California claim
$75, 000,-! they have a right to become actual
; settlers on this land, and to aciniire
title upon payment of fJ.M) per acre.
"The idea is broadcast ,'' he contin
ued, "that the land is valublae for
homes and that the railroad commny
about.2. 400,000 acres of land,
valued at from $40,000,000 .to
After one of.the most impressive le
gal combats ever waged In the history
of America, the court rules that an em
pire in Oregon cannot lc Kittled by
the railroad interests. Taking the plain is obstructing the development of the
words of the act of Congress granting state. As a matter of fact the largest
the land for railroad construction aid, part of the land is not vuluable for
the court holds that Congress Intended homes. Two-thirds of it could not be
this land should be sold to bona tnle sold for $2..r0 per acre, tweauae there
settlers in tracts not greater than ICO is nothing on it except rocks and chap
acres to the individual, and at a price paral.
not exceeding $2.50 per acre. Every "In Jackson county ulone, of the
I argument and contention made by the 5000 acres probably a third is not fit
i railroad company has leen defeated in for settlement.
1 its fight with the government "For the first thirty years after the
While deciding in favor of the Fed- land was granted to the rariload cont-
eral Government, Judge Wolverton do- pany it was offered to the public at
C. E. LONZWAY. PROPRIETOR
BEST MEALS IN TOWN-Try Us
GOOD, CLEAN ROOMS
Bread, Hot Rolls and Cake a Baked Daily
i cided against the several thousand in
tervenors in the ease. He holds that
i they have acquired no right whatever
, by either settling on the land or tend
i ering the maximum sum per claim
I specified by law. The effect of this
, portion of the decision is that the grant
j lands affected cannot te secured bjr
any individual until .the President or
Congress again opens it to entry or
j sale. The 67 entrymen who had gone
upon the land as settlers before the
suits of the Government were com
menced, also lose their claim, and are
heldto have guined no advantage what
ever by their period of settlement.
I Something more than 5000 intervenors
j have filed applications to get a portion
jof the land, but their supposed rights
! are brushed aside, leaving Jthe entire
tract open to disposition by Congress,
as if it had never been offered to the
railway interests as a grant.
Judge Wolverton's decision was on a
demurrer to the bill of compaint of the
Government, anil on demurrers ytu
i the bills of the intervenors and cross
i complainants. This decision deary
I embraces about all the law points that
less than $2.50 per acres. It could not
be sold even at that I w figure. No
body wanted it. Those who did buy
were timber speculators and they don't
want anything except land which will
run several mitl'on feet to the claim.
All this talk about 'homes' and 'actual j
settlers' is the merest 'pretext. Two- j
thirds of the land could not be sold for I
T2.10 an acre to day. The rest of it is !
valuable for the timber. ,
The only question there is foradjudi-j
cation is whether the amendment of !
Congress to the original land grant is
it condition subsequent or a covenant, i
We have eliminated the so-called nett-1
lers, which removes a good deal of,
rubbish from the case. j
" "We have taken iX) days in which to'
file our answer to the Government' j
suit, but we have not yet decided
whether to go to the United States !
Circuit Court of Apx-uls on the de-'
murrer to the complaint or to answer. 1
If we file an answer we will take tes-1
timony in the case before an examin-:
er and the transcript will go tn'thej
higher court. We have no testimony
which would change the opinion of I
LAKE COUNTY ABSTRACT COMPANY
A Complete Record
We hare made an entire transcript of all Keeorda In Lake
County which In any way, affect Itml Property Id the county.
We have a complete Record of every Mortgage and transfer
ever made In Lake County, and ever Deed given.
Errors Found in Titles
In transcribing the record we have found numerous mort
gage recorded in the Deed record and indeted; and many
deeds are recorded lu tbe Mortgage record aud other books.
Hundreds of mortgages and deed are not Indexed at all, and
most difficult to trace up from the records.
We have notations of all these Errors.
Others aimot floo them. We have pot nundreds of dollars
bunting up then error, and we can fully guarantee our work.
J. D. VENATOR,
Court. Attorney W. D. Fenton, chief
of local couasel for the Southern Paci
fic, asked for ninety days in wnich
answer, which time was granted by
The decision is for an absolute for
feiture of all title claimed by the rail
way interests. The 67 locators who
were represented Jby Congressman A.
W. Lafferty had urged specific perfor
mance, and their bill of complaint was
to make the ra lway company carry!
out the terms of the act granting the j
land. The intervenors, numbering more :
than 6000, took the view that the grant
was Jh trust and that tender of the
maximum charge permitted by the law
can ever be raised this side of the Judge Wolverton. Of course we are
Supreme Court. Yet the railway inter-1 disappointed because of the decision.)
ests have a right to file an answer, and But there are 12 men who are yet to ,
go to trial upon the facts, but the facts ! w iion the luw question involved -are
admitted, and the law as handed ' the three Judges of the Apellate" Court
down w ill control until affirmed or re-j and the nine Justices of the Supreme
versed by the United States Supreme Court.
Arthur I. M on ton. associated with
A. W. Lafferty as counsel for the cross
complainants, said last night: "We
intend to keep our record clear in the
...! .......... i ;t iv ...;n .i..i..
our appeal, however, until the whole;
case goes to the higher court. We
feel that the decision is really a victory
for our 'side, for if the Government
ever acquires legal title to the land
again, the rights of actual settlers,
we are sure, will be "protected, if not
by the court by Congress litself. Thcl
Go actual settlers we represent ought
not to be ousted, and we do not be
lieve they will be. We do not repre
sent any of those who have filed their
for the land made it compulsory
ukjii intention to settle, but
WILLOW RANCH ORCHARD TRACTS
Apples Apples Apples
lO ACRE TRACTS
Planted, Irrigated, Sprayed and Cared for
Price $150 per Acre
One-third down, balance $20 per month
No Taxes, No Interest
TH-State Land Company
Write for Booklet and Information
who have not
the railway Jpeople to give deed to done so. Our suit was on file before
them. But the court Jrules neither of ' the Government brought its suit
these contentions is sound and that the against the railroad company, and we
proper procedure 'is forfeiture, winrn : feel that our action was one of the
means that the land would be absolute- causes of the Government filing suitj
ly rttsored to the public domain, and to cancel the patent,of the railroad com
that it could not be secured by private f'"ny tr non-compliance with the pro
individuals until either the President visions of the law granting the land
or i.ongress again restores it 10 entry
in such form as may be decniea upon.
Mr. Townsend believes that the land
will never be reopened for entry, ex
cept on act of Congress, which act, of j
course, would not be taken until after!
the Supreme Court affirms the decision :
of the lower court. While he recognise-
es that the President could restore tne j
lands to entry, h", does not think the !
chief executive will do no, but will putj
the whole matter of redisnositiun up to ,
I f the theory of Mr. Townsend is,
correct, and it i accented locally as j
the highest 'authority obtainable, there 1
will be no rush for the rich holdings!
which the court this morningj'ordered
should be restored to public; domain.
In Mr. Townsend' summary of the
land 'directly involved, he said that
there was 21,000,000 acres of patented
land, most of which was included in
the East Side grant, ana 1293,000 or
moretcres of land to which the rail
way company had not yet asked patent,
but which was claimed, making the
total, claimed and fyet unsold by the
railway company approximately 2,400,
His First Voyage.
The old Kullor came along
bucket of tar.
"What are you doing?" gasped. the
lieaslck passenger feebly.
"Pitching the deck, aor," responded
the salt. Willi a deep hcu salute.
Pitching the deck? 'Great Scottt
Isn't It pitching enough already?"
A Serious Predicament.
"How can he afford to keep an au
tomobile?" "lie ctiu't. but hu ha to keep one to
prevent people from finding out that
he Is too hard up to afford If.." Chica
The Kind You Unvo Always Ilought, ami which lint been
In iiho for ever .'! jrnrs, iiun hornn tlio Mgimttiro of
" mi. I ha 1mii linulo undor lil per
sMfsj-p-, Konnl fiiipcrvtaloit ulnco It lnfiinejr,
-WV .CAit Allow no who to deeelvo you In thU.
All Counterfoils, Imitation and Mti-iN-good" nro but
i:perliuentK tluit trlllo with nml endanger the, health of
Infant uiul Children-Hfcperieiieo against Kxuerliucut.
What is CASTORIA
CiiMtorU I it liarinlesH Milmtltuto for Castor Oil, lirw
Kurtc, Prop and Soothing Hyriips. It In 1'leanant. It
contain neither Opium, Morphine nor other NureoUo
Mibhtanee. It ago 1 It ituaranteo. It destroy AVortun
and allays reverlnhness. It cure larrhuu feiot AVlnd
Collo. It relieve Teething Trouble, cure C'onatlNiUon
mid Flatulency. It usslinltute tlio 1'otwl, regular tho
Ntomiieli and Ilowel, rlii( healthy and natural Bleep.
Tho Children' l'oiuu-eu-Tho JMother'a I'rlend.
GENUINE CASTORIA ALWAYS
Bears the Signature of
The Kind You Have Always Bought
In Use For Over 30 Years
GRCCTED IN I WV)
LIOHT & HARROW, Proprietors
r. P. LIGHT GEO. HARROW
Lakeview Meat Market
HAYES A GROB. Proprs
Choice Beef, Mutton, Pork, Veal, Etc., Etc
Try our Sausages and Cured Meats
The REAL HOME PAPER
The San Francisco
M. H. de YOUNG
Sane, Conservative and Well Edited.
DAILY -:- SUNDAY -:- WEEKLY
Sunday's in Colors
J WM. WALLACE, Dealer at Lakeview, Oregon
I Oregoniun: Two-thirds of the 2-'!,-
Willi Father, what does bagging a
deluolon mean? Father Well, my boy,
young Mr. Htrong U an Instance. He
thinks your sister Clara Is only twenty-two!
'TIs fnr better to love and be poor
t tin n be rich Willi pn einply heart.
La VoKue fit Is guaranteed. All
suit are wade on lio models and
personally Inspected. Lakeview
000,000 acres involved in the Govern- Mercantile Company.
A remarkably efficient
exterminator, used suc
cessfully for 20 years.
The most economical
to use because the most
certain. For sale by
Hall & Reynolds,
LAKEVIEW - OREGON
Hides 8b Pelts
If you don't believe