The Hood River glacier. (Hood River, Or.) 1889-1933, 1903-01-16
Cnneerninr Roads

hell that Dives tumbled into2 To ex- |
plain: More than twenty years ago we
bought the Jenkins donation land claim;
we paid large sum OF money for it, we
thought our title good, we thought the |
stars and stripes which fioated over our
humble residence had brought the con-
stitution along with il. We thought
that no power on earth could rob us OF
such rights as the constitution guaran-
teed us. We invested large sums OF
money in land and improvements under
the impression that the property was
ours and nobody could steal 1t for any
use whatever. Was this all dream?
Did the horoscope OF our future never
reveal to our eyes that Wasco county
was in training for annexation to the
PHILIPPINE Islands, to sink the Fllipinos
to a still lower level2 But to be more
specific, we bought the William and
Phila jenkins donation land claim In
1876; we took w. p. Watson's word Tor
the boundaries. At that time the pub
lie passed through our place at will,
cutting our place in every conceiv-I
able shape. No lawful roads had been
established. In course OF time we
straightened out our fences, still allow
ing the public to travel through our
land near our south and east boundaries,
always notifying the road supervisors
that we surrendered no rights Of owner
ship, merely allowed the public to use
roads travelled till legal roads could be
laid out ON the east and south lines.
The courts have properly decided that
where such privileges were granted, the
land owner could fence up his land at
any time he chose. The present roads
meander through valuable lands within
the city lifnits-land which could be cut
up into lots and sold for many hundred
dollars. We have moved our fence on
our east line, leaving thirty feet tor a
road. while the owners OF the land ad-
Joining have never offered foot to our
knowledge. We have heard flying re-
ports that our fence would be torn down
II We did not remove it. There has been
persistent effort OF certain parties to
trespass upon our property; the only
plea these fellows offer for their attempt
at robbing us Of our rights is The road
has been Travelled for several years, (some
say four years, some ten) and that makes
il county road. This we deny, and
any sensible court will say that its
use for a hundred years would not,
could not lob us Of our rights to the
land without paying for it. To prove
this We quote from the amended constl-
tntion OF the United States. Article v,
reads: 'Nor shall private property be
taken for public use without Just COM
pensation.r Did any man ever know
the United States government to take
land for government use without COM
pensation? Did any man ever know o
railroad or anv other corporation to take
a mans land without compensation
The honor of trampling on the constltu.
ton seems to have been reserved to thal
august body meeting occasionally az
The Dalles--the only authority we ever
heard OF to claim power to trample the
bulwarks OF our liberty in the dirt
These roads have been travelled for u
wears, and il it will do the claimants
anv good we shall not deny that the
roads we're travelled by Adam and Eve
when out iunketing. You are welcome
to an the title you can get II you g
back OF the adoption OF the constitution
Our revolutionary heroes have put uI
bars no court can climb over. For man.
long years we have generously allowed
the public the use OF our land, alway
notifying the supervisors that we claim
ed the land but the public might use
till they had time to establish lega
road on the lines. For many long year
we have suffered trespasses without
murmur we have offered to give lam
for roads on our lines, we have oiiefe'
to sell to parties who have fenced IN on
lands and are cultivating them an!
pocketing the proceeds. Nobody VII
buy. nobody will make an offer; mus
we give ali the road and lose the Ian
thev have fenced in belonging to US
land we bought and paid for, land o.
which we have paid taxes for over z
Years? Nor MUCH! But to cap tn
climax this 'conrt" has (we.have cop
of its order) permitted the Electric Ligt
Co. without any posted legal notices
without any chance given us to put III
remonstrance, taken those intereste
parties word and granted them II
right of way through our land whlc
they ignorantly call county road,
and also allowed the company to
awav beyond the so-called county road
and Law their pipes on our land and CIV
LYMAN Smith right Of way throug
the same ont to the said county road.
The county commissioners court ~
proceeded upon the supposltlon TN
the present Travelled roads are ''coun
roads" because, as one commission
told us, ''The law is plain, road ira
eled ten years is a county road, II
grandmother or some equally lntelllge
person must have told him so, and tn
was authority enough No such la
was ever passed. Ii it was, it is IN co
fiict with the constitution of the Unit
States and any intelligent man wou
disregard it and spit on it, which we
now. Senator Nesmith once said IN
conversation with me, there isn't hi
of the voters that know what the co
stitution is; when they hear anybo
talking about ii they think 1t IS son
thing GOOD to eat.n In choosing me
hers Of courts why not go outside
Nesmith's circle OF savants who thl
the constitution can be trampled up
and then eaten at will2 We regard
edicts of such courts as OF no more BIZ
ing effect upon us than would De th'
of Arkansas kiser holding court ol
pine stump aud handing down his
,cisions, signing his name with his us'
cross. But the commissioners court
its decision does not pretend to ms
our land a county road-merely calls
such. Does calling cats tail
make il leg? These constitution
ers would probably all say 'yas
why not have Judge Bradshaw
fhorized to take certain courts" by
ears, lead them into some conyeni
wood-shed and aive them lessons on
constitution In Mississippi n
must be able to read some part OF
constitution and explain what It me-
before he can vote. Under such a s
siple law here imagine the members
an Oregon court going to the p
claiming the right to kill the vote
''intelligent contrabands. The
provides how to open roads; 1t is SIN
enough and also reasonable and J
WHY shouldn't our commissioners st
il and act on it without obeying
dictates of some shyster pettifogger