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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (May 4, 1911)
iENT VICTORIOUS Lakeview Saddlery Children Cry for Hotelier's FAMOUS LAND GOVERM IN SUIT GRANT aVi miss m n jp I I A complete line of uncoil nml 1ukk: harness, whips, robos.Mts, rlates, spurs, quilts, roso ettew, etc., ete. til' I! W Kverythln In the Hue ot CHrrlnK it ml horse furnish Inns. Kepairlni; by competent men. 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 THE LAKEVIEW ABSTRACT ft TITLE CO. LAKEVIEW, OREGON 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 000. 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 COLORADO HOTEL C. E. LONZWAY. PROPRIETOR BEST MEALS IN TOWN-Try Us GOOD, CLEAN ROOMS BA KERY Bread, Hot Rolls and Cake a Baked Daily Lakeview Oregon 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 Incorporared. 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, flanager. 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 Judge Wolverton. 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 Keeping Qualities NO BLIGHT NO INSECTS NO FAILURES BIG PROFITS 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 Lakeview, Oregon 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. i 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 , Congress. j 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, 000. acres. with 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?" Chicago News. 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 go Itecord-Ilerald. r 's 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 HOTEL LAKEVIEW GRCCTED IN I WV) MODERN TMROUOHOIT FIRST-CA1.5S ACCOnrtODATlONS SAHPLIj Roon For COnnnRCIAL TRAVELERS COURTEOUS " TREATMENT 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 Quality Unexcelled Free Delivery The REAL HOME PAPER The San Francisco Chronicle. M. H. de YOUNG Sane, Conservative and Well Edited. DAILY -:- SUNDAY -:- WEEKLY Sunday's in Colors J WM. WALLACE, Dealer at Lakeview, Oregon ORDER NOW I Oregoniun: Two-thirds of the 2-'!,- Hugging Deluilon, 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. U MorriH 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. HALL'S SQUIRREL POISON A remarkably efficient exterminator, used suc cessfully for 20 years. The most economical to use because the most certain. For sale by Hall & Reynolds, Drug Company LAKEVIEW - OREGON FURS Hides 8b Pelts COMMAND Big Prices If you don't believe it, sec J.P.