Daily capital journal. (Salem, Or.) 1896-1899, 1899-04-05
THE SAVAGE CLAIM.
Filed for Possession Of he Gravel Bar
on Which the WaterwOrks
Crib Is Located.
II Is Being Vigorously Opposed by the
Water Co, John Mimic Public
Features Of the Case.

The claim Of Mark Savage ct al TO
possession Of the gravel bar Ia the
Willamette river opposite this city
is being vigorously contested and The
JOURNAL presents a review Of the tes-
tlmony on both sides from the stand
point Of the public interest.
The fling contest, before the state
school land board, for the gravel bar
opposite and above the Salem water
front aud on which the Salem water
works crib Is located, was heard before
Referee 9. S. Spencer Tuesday after
noon aud evening and the testimony
ia the case was taken down.
IL Is claimed by John Minto
~ an accretiOn 70 Minto's Is
land, owed by him, and he
lad decided certain rights 70 the
Water Co., and has recently decided
30 the city the right TO take gravel
therefrom, not interfering with the
water works crib
Recently Mark Savage made appli-
cation TO the land Office to buy the
bar as an Island OF made land and the
question before the referee Is whether
or not IL Is an accretioG TO Minto's
island, or an entirely new formation
separate therefrom.
Sayage's attorneys were Geo. @,
Bingham aud NJ. w. Hunt.
Eugene Mccormack aud Richard
Williams represented Mr.. Mimic. and
sherman, Condt aud Park, the Water
company.
Many witnesses we're examined and
their testimony was taken down by
three stenographers.
There were eight witnesses for
Savage including John Savage, Jr.,
Mark Savage, W. ID Mohney and Guy |
VI. Powers. Those opposed TO the
savage filing sought U establish the
fact that these four were all equally
interested in the Savage side OF the
case, and testimony was introduced
10 show that each was TO haYe one
fourth interest Ia the island.
The testimony OF these witnesses
was that the island In question trst
appeared above the water at some
lime within year or 10 after the
lood OF 1890; that IL tirst showed above
water north and west of tue old crib
II the water company AS an oblong Is
and extending up aud down stream;
hat II had grown down stream; that
here was channel between IL and
dint0's island through which steamers
passed and logs were RATED at certain
stages OF the river; that the highest
point OF the island Is toward the
over end and stands II feet above
ow water mark. None had ever seer
he channel dry between the gravel
,ar aud Minto's island.
All knew of this channel having
leen dug out by the water company 10
et a current through 10 their intake
.rib
The Interesting fact was developed
hat In the original United States
uryey, the section corner which now
alls on the gravel bar was then on the
Polk county side Of the rlyer, lndicat-
ng that the river has moved bodily
'yer toward Folk county since that
lime
Minto, ct al,Ihad ten witnesses. :. T..
lcCoy, had constructed the CRIB for
he water company In 1889; Thos. Me
Vary G. u. McEIhaney, aud j. s.
lpyer worked on IT, An testified
nat tRere Was 90 gravel island in
ighl at that time, aud that they
'ruught gravel for use on the crib {
rom the gravel Oar, which made out
rom Minto's island about three or
our hundred yards up the river: that !
here was 40 channel between the bar
nd island. {
Jas Martin, A. L. Brown, W. IL.
'hillips, John Minto, Martin VIesco :
nd ChAs Parks, an gave testimony y
moving that 40 the lowest stage of J,
ne river there was no channel be. .
"een the gravel bar aud Minto's '
'liud' Martin aud Parks had goCe =
lsether' Ia 1884, aud walked out -
pon the bar frOm Minto's.
land aod down To the lover end Of :
ie bar Margin told OF the channel :
siug opened every season, az low :,
tter since ls9i, 70 let a current "
'rough "a the cri0 Phillips and
lesco had worked on the channel
u mad seen the channel dry "
Martin had with the help ofhis
trtuer. dragged his uoat oyar tbts d.