s'- "V
DAILY OAPITJUh JOURNAL 8AXXH, ORBOON, SATURDAY, MAY 12, 1006.
I
ORY OF
IE NORTHERN
OVERLAP
!o
David in Arlington
Bccord)
Agreeable to prom
, I write for your pa
the conflict about odd
s oi land witnm toe
of the Northern Fa
int.
rstandJ this conflict it
ber the fact, unlver-
Ifeat if the President of
tea makes a mistake nud
Mtesi for land not belong-
trtiMlc domain, it has no
wrr tt gVX t, sa an
jreetlkr. liWiile mistakes have not
een RHy iifreisro some, and these
ave, n m ,ras x Know occurrcu
rtVfela we BuBKTOf the Northern JPn-
lfi,THliiwSOTKt, and these mis
ftbtM MKve feeeMtnadc because the dc-
&MriaHMt Ik aftiiitcrior 's opinion was
$rree Si1rfrd to the effect of tho
ferfelW f ' September 29, 1S00
( iW '4M)f orfeiting main line
'grant frqm SIh1 to Portland.
V Within tteMnjtB of this forfeited
port)oK of'tfijKrnnt aro two over
dip cranUfier Tho Dalles Military
jjtoed ecHawjflnd the other for the
Jle'HMtnMjat' Wench of tho Northern
, JuchS, 'lw, tho general land
3 i .ll "'.fin. tt. -r -r nil!
p.4Tre xi on. i. x jjoiu-
-""t -"" - , -
tho overlap on Tho Dalles military road
company's grant that, "It was formal
ly held by tho department that be
cause of tho fact that tho grant to
aid in tho construction of tho North
cm Pacific was prior in point of time
it defeated tho grant for Tho Dalles
military road and following tho pas
sago of tho forfeituro act of Septem
ber 29, 1890, tho unpatented lands
were ordered restored to entry as a
part of tho forfeited lands."
This proved an erroneous opinion
for tho supreme court in the ease of
Wilcox vs. Eastern Oregon Land com
pany (176 17. S. 01) gave tho land to
tho company, As a rosult of this dc
cision about 100 families were turned
out of their homes where some of them
had resided' for yoars and had improve
ments upon their lands of from a value
of a few hundred' dollars to four
thousand dollars, and. to this day the
government has never .paid them, one
cent for theso improvements. These
men were all "homesteaders, and' in ad
dition to these thero were claimants
who had mado cash entry or intended
to" do so, mnking tho $otnl number of
claimants 205.
This is a sad result of an erroneous
ruling of tho department. Somo of
theso people wero old and to a great
extent theso lands arwJ their improve
ments was all they had. They had
'.if,
IHHIH
SOCIALIST'S
ADVERTISING
(This spaoo is hired by tho Socialist Committee.)
NMNrUUaril ,.M Seen by His Fellow hero with the notorious McLaughlin,
- k- Townsmen, of Grand Central fame. He, to the
Jaet hoVs-Jes McPartland, of Pin- knowledce of our neonle. was enc-ured
kerton infksayjis regarded by those in tho commission of almost all crimes
who'kflew Mggflbest in his former home,
fc-vS? , , , .,
inceu oy mo xi'soiuuuuj
a'Vbhiss meeting of citizens
IS XMlilMi
r'HAtaMjft'M?
WMgtttmMb
HttWlBMMf
n., April 12, held! to con
acaJnst Mover, Haywood
u4 PettlWeT Tho lendinc citizens of
the plaae teela' active part in tho denv
OMKrileB;Tid among tho speakers
were the Rev. Pyle, pastor of tho
Christie f eharch, and Judge Sheppard,
one of the most prominent members
Of' tit Kawss bar. Every phaso of
be ce -tm thoroughly discussed, af
;r wiitufcVitho following Tesolutiont
jrwimously adepted:
iiWliirMM it has como to our knowl-
4ek4ee James McPartland, who
jireu in mis city, is me cnier.
in procuring the arrest of,
trying to convict, Charles
liam Haywood and George
e, citizens of Colorado, for
of ex-Governor Btcunen
o; and,
while said McPartland
us ho was of infamously
IhFV
!HSt 'mst
Ws&
Tm'".'
known to criminal law. Ho suddenly
departed) from tho city nearly twonty
years ago, and wo knew naught of his
whereabouts until wo heard of him in
connection1 with thiso case. While wo
hnvo not sufficient knowledgo of the
facta regarding tho Steunenberg mur
der to warrant us in making a. posi
tive statement as to the guilt or in
nocenco of Moyer, Haywood or Petti
bone, such limited information as we
possess lrad. us to beliovo in their
innocence; therefore,
Be it resolved by this meeting, that
wo warn the courts and law officers
of Idiaho to bo watchful of every move
mado by James McPartland, as we
unhesitatingly declare that where there
is a money consideration he will do
anything, no matter how low or vile,
to accomplish, liis purpose. We cau
tion all persons that havo any con
nection with tho trial of these men,
that there is not today in tho United
States, outside prison walls, a more
conscienceless and desperato criminal
than McPartland. F. A. Matthes.
er, being associated while chairman; P. C. Larson, secretary.
t
blic Speaking
W. BARZEE
SOOM.IST NOMINEE EOR GOVERNOR OF OREGON
m
f ILL SPEAK AT SALEM
ON
Socialism
ay Eve., May 15
4
A plain talk ami questions answered, on Social Economic
l pofitkaJ situation of today, as it pertains to the wage
and the smaN capitalist By an Eastern Oregon
tome Out and Hear Him!
'"MiH ' j
not only improved there lands but they
had helped) build roads, school houses
and churches and this caused towns to
be built and a railroad, thus transform
ing portions of Sherman and Wasco
counties from a cattle and sheep range
to an agricultural region, mnking
lands increase' from little or no value
to from $2o to $C0 an acre.
As you realize the loss from earth
quake by people in California you can
form some idea of theso peoples' loss,
it is true, tli oo improvements aro not
destroyed, but the people who built
them and who should enjoy them havo
only tho privilege of seeing others
enjoy tho profits of their labor.
Now, ns to the overlap on tho con
structed branch of the Northern Pa
cific now pending: On May 2, 1885
the Northern Pacific railroad (now
railway) company selected tho lands
now in controversy on account of its
constructed branch line. Tho com
missioner in tho nbovo referred to let
ter says, "Its selection wos canceled
December 7, 1S92, for tho reason that
tho lands were within tho forfeited
main line grant and restored to entry."
Thot-e who live on theso lauds know
tho department received filings on
these lands all the tiuu after that date
until recently.
The commissioner in the snmo letter
says: "The department on April 25,
1905, changed its former rulings that
within tho overlapping primary limits
the grant on account of tho construct
ed brnnch line was only of a moiety
of the land anil held that in tho ad
justment of their grant tho company
must be credited for the full amount of
tho odd numbered sections within the
primary limits of its constructed
branch line, and gnvo directions for
tho listing of such add numboredi sec
tions as has been disposed of under the
former ruling for relinquishment by
tho railway company under tho pro
visions of tho act of July 1, 1893 (30
stnt. 597-020.)
Let your readers please not hero
that all lauds disposed of nro included
in this ruling. And it further appears
that thoy havo found out that those
lnnds do not all como under tho pro
visions of tho act of July 1, 1898, for
in tho samo letter tho commissioner
says: "Further conflict as to tho
tract in Section 23 cannot bo adjusted
undier tho act of July, 1898, supra, but
thero is a bill pending before congresa
to extend tho provisions of tho net of
July, 1898, to this class of cases."
Your readers already know whnt has
been accomplished in jregard to this
bill. It is Senntor Fulton's bill, nnd
if it passes and the railroad accepts its
provisions you will not hnvo to leavo
your homes; otherwise the settlors on
theso lands will move out or buy of
tie company theso lands.
While there seems to bo no opposi
tion to this bill yet for want of time
this congress may adjourn cro its time
comes on tho calendar; for remember,
in tho caw of those nlreudy out on
The- Dalles military overlap district
that tho report of their claims for
losses was sent to tho icsslon of tho
58th congress, referred to tho public
lands committee and ordorod printed.
The 59th congress has so far us I can
learn, never dono unythlng, though
Senator Gcarin is a member of that
congress, aspires to ro-cloction and to
familiar with all tho details of these
people's losses because ho was their
attorney in" their cruit to defend their
title to their homes.
Why titlo fail whero patents aro is
sued in. theso overlap districts is best
expressed in tho langungo of Judge
Bradihaw'B-decrce in the Meador caso.
He says: "That subsequently to tho
act of congress approved September 20
1890, and prior to day of Juno,
893, tho secretary of tho lntorlor
without authority of law nnd wrong
fully opened to settlement said tract
of land, and on said day of June,
1693, said defendant, George Mender,
filed in the United States land omce
of tho district in which said tract to
situated his homestead application for
said land, and thereafter, on May 20,
1891, the secretary of the interior
wrongfully and unlawfully caused to
be issued, and the president of the
United) State wrongfully and unlaw
folly executed, a patent for said land;
which patent was thereafter wrong
fully delivered to the defendant,
George Meader, and tho samo was
thereafter placed upon record in the
records of deeds of said Sherman coun
ty and becam and is a cloud upon
plaintiff's titlo to such land."
The patents of settler because these
cases are similar, for theo lands arc
only a cloud upon the titlo to the
Northern Pacific railway title. How
important then is it that Fulton's
bill becomes a law. .Wo will soon be
called upon to decide who (ball repre
sent us in C08grs, This trouble em
phuds bow carefully we should be to
see that only men go there who, like
Senator Fulton is this com of trouble.
know bow to remedy these things that
may nrite.
I will sy t esMiien, Ut. JSiiter,
that ye ar,d I axe sot likely te live
i see a al setUeaeat of these ease
tho general land- commissioner you
will see it is 21 years tho 2nd of May J
slnco the Tallroad filed its selections
for thco lands, and about seven years
afterwards they were cancelled and tho
land opened to settlement, and- 20 years
after thee selections were made tho
government again acknowledges tho
railroad has a titlo for theso lands.
This last ruling was April 25, 1905.
When a man looks at these dates and
these chared .rulings it makes him
wondvr if tho child is yet born that,
will livo long enough to oeo a perfect
title to their homes.
I realize I have taken a great deal
of space to tell this history, but I
could! see no way to abbreviate and
tell all tho facts."
Mr. Editor, you deserve thanks for
keeping your renders posted, but it
socms to mo it is time tho people with
ouo accord demand of our government
a final settlement soon. I do not mean
by this that we should indulgo in
hnrsh criticism of those high in auth
ority for placing settlors on these
land, because nil men aro human and
make mistakx-s, but I do mean that wo
should, as emphatically ns possible, de
mand that the title to the lands should
bo perfected at an early date, and that
those who lost their homes should bo
promptly paid what is justly duo
them.
Long delayed justice is almost cruel
tj", rather thnn justice.
J. E. DAVID.
Postmaster Itobbod.
G. W. Ffluts, postmaster at- Rlverton,
In., nearly lost his Hfo and was robbed
of all comfort, according to his letter,
which says: "For 20 yoars I had
chronic liver complaint, which led to
such a so v ere caso of jaundloo that ov
en my finger noila turned yollow; whon
my doctor proscribed Eloctrlo Dittcrs;
which cured mo and havo kept mo well
for 11 years." Suro cuto for bilious
ness, neuralgia, weakness and all stom
ach, liver, kidney and bladder troubles.
A wonderful tonic. At J. O. Perry's
dtug store. 50 cents.
Getting Ready at Jamoatown.
Jamestown, Vn., May 12. Several
thousand visitors, who como hero with
tho oxcurfjion of tho association for tho
preservation of Virgiuia antiquities, to
visit the interesting historical relics
with which Jamestown and surround
ings abound and to inspect tho slto of
tho coming exposition. Thoy swnrmed
through the town all forenoon and vis
Ited every thing of historical interest.
Particular interest was shown in tho
ruln of tho old Smithfield church, on
tho sito of which tho building of tho
National Society of Colonial Dames is
to bo erected.
Before the building will bo begun,
it will bo nccestury to tnko down the
present shod' and box over tho founda
tions, chancel and) tombs, Arrnngo
merits havo been mado to begin tho
work in a few dnys. Edmund M.
Wheelwright of Boston, tho eminent
Special Shirt Waisd
j r L. l
The sweflest line in town for
the money. Worth one-third
more than we ask.
Prices 75c, $1.00, $1.15,
$1.25, $1.50 $1.75, $2.00.
D
. R0STEIN & GREENBAUM
Old Nos. 298 and 300 Commercial St. , Salem
NOW IS YOUR TIME TO BUY
WOOD
AT SALEM SAW MILL
$1 .75 Pet Load
The Chas. K. Spaulding Logging Co I
SALEM, OREGON
AaMJetjMAeAMe.MAjriLiTU
architect, who is to comploto tho plans
for this building, recently visited
Jnmestown nnd is very enthusiastic
about tho work and thoroughly in sym
pathy with tho ideas of tho associa
tion for tho preservation of Virginia
antiquities. Tho tower is, of course
not to bo touched. Tho walls nro to
built with specially mado bricks of o
size to corrcrpond) with tho bricks In
tho townr, which nro somewhat thinner
than tho modern standard bricks. Theso
will bo Interspersed with somo ancient
glazed bricks tnken from somo old
wrecks of houBOg which will bo bought
for tho inirnotte. Tho new bulldinn
will probably be, to a great extont, a'
copy of tho Smithfield church,
Tho interior of th prosent foondn
tlons, with tho remains of tho churcti
in which tho flnt legislature assembled,
tho old chancel nnd tlio tombs, will
bo preserved intact. A flooring of
granolithic or somo such substance
will cover most of tho spneo within the
foundation, nnd a railing running
nromul Insldo will protect tho ruins.
At tho last session of congress $50,
000 was appropriated for a monument
at Jnmes(owu, provided a slto was
donated. Tho ntwoolatlnn for tho pres
ervation of Virginia antlqultlos has of
fered for that purposo a slto at tho
ountcru end of tho grouruls, on a high
level point, If this offer Is nccoptod,
tho fonco of tho A, 1 V. A, ran lie
moved a little westward nnd tho
grounds bo preserved intact as 'at pros
out. Tho proposed) monument will ba
of an artistic and improssivo character.
It will bo a roduced copy of tho Wash
Ington monument in Washington und
will bo about 100 feet in hoial t.
ol m a? o xttjg jk. .
We have arranged the following Excursions to
Norway
Sweden
CROWNING OF KING HAAKON V1X
In the Ilistorlc Cathedral at Trondhjom.
NATIONAL EXT081TION AY NORRKOPING.
(Tho Swedish Manchester.)
And also to Liverpool, London, Hamburg, Antwerp and Ilottcrdnm.
Sweeping Reductions in Rates
OTaMMMMMIMaIHIIHM""IMnM"1"1"MMM"1MejeweMnMsejBsaeaMBea
Single tickets Round Trip Tickets
$48.00 $91 .00
$44.50 $84.00
$51 .00 Wiil be quoted on application
FROM MINNEAPOLIS AND ST. PAUL
TO SWEDEN, NORWAY AND DENMARK
TO LIVERPOOL AND LONDON
To Hamburg, Antwerp and Rotterdam
IlatCS 0& Emnreni trnmr in Qnmtun Vnrinv m1 TlonmnirV'. mlntrlf. t" IU) tilohcr. r on nil trln. 4-1.00 lilirher.
To Liverpool and London, single, 12.26 higher, round trip, 3.7G higher. To Unmbcrg, Antwerp and Rotterdam
single, tl.25 higher.
First Excursion Leaves Minneapolis
Trota Minneapolis Thursday, May 17th 0 p, ro. Bailing May ipth on tho magnificent new Hxprcs steamors,
"EmproM of Britain," 20,000 tone dlspl., 18,000 horse power, cost 2,000,000. T1IB IiAJtOEST, rrrfEiJT AND
FASTEST STEAMER BETWEEN 8T. LAWRENCE PORTS AND EUROPE.
Only Four Days From Land to Land
8B00ND EXCURSION Leaves Minneapolis May 21st sailing on tho largo Twin Screw Steamship Lake
Chaupl&in May 24th.
THIRD EXCURHIONLeavcK Miseapolis May 28th, sailing on the Popular Twin Bert-w Steamship Lake
Krlo May 31st.
roURTH EXCURSION Leave Minneapolis June 11th and tails on tho largo Twin Betovt Steamship Lake
Manitoba June 14th.
FIFTH EXCURSION Leaves Minneapolis June 2Ut and sails on the " Empress of Britain" June 23rd.
STXTU EXCURSION Leaves Minneapolis Juce 27th arid sails on tho Steamship Lake Chiiniplsla June SO,
Advantages
Lowest Bates, the finest Service,
i i
. f - -atcelleat TlceitJa'Cef 8nrfc,
Oletwd CM for 3reVltw FAeesgen.
For farther particular call on
8avta of XeVri Be-yewest,
Very Steert Osesm Trf (Only four days
fro land to land,)
Fusily Sate Xww, No Ifetr Xx.
DERBY & WILLSON
for If j will set the late gives by
o