The daily journal. (Salem, Or.) 1899-1903, 1903-07-08

siT.
J. M. tiABERLY,
Palace Pharmacy, i1s state ST..
land. desirable for cultivation, and
not swamp land. and that the com.
pany did no; acquire possession Of It
rightfully.
Courts Take a Hand.
The latter declared thai the proper.
~ was nothing more nor less than
swamp land and clearly within the
limits Of the meaning and intent OF
the swamp land law. The evidence
before the interior department is to
the effect that not single acre OF
this land was ever moved for hay nor
could have been moved for hay on
account Of It's swampy condition. un.
til after McConnaughy cut a ditch
which diverted the water OF Deep
creek into Pelican lake.
This was In 1880. The matter went
before the local land office and Il was
decided by the register and receiver
to be swamp land An appeal was
taken 10 the general land Office. where
the decision OF the local office was
affirmed. again establishing proof that
the land was swamp and not arabic
ground. Then the case was appealed
TO the secretary OF the interior. where
the original decision was again sus.
tained.
Three years later. in 1898. the
ohicial cancelled the claim OF the
state OF Oregon TO the land, holding
thai IL was the bed OF E. permanent
lake at the time Of the swamp grant.
The company rebelled against this
proceeding on the part OF the secre.
tary Of the interior. and applied for
a rehearlng OF the case.
Decided II was a Lake.
This was made to Secretary Hitch.
cock for a relnvestieation Of the mat
ter on the ground that the question as
TO whether the land was the perman.
ent bed OF a lake or marsh land had
never been investigated, and that
they the company. had never been al.
lowed the opportunity to introduce
evidence on the subject. A hearing
was finally obtained In 1898. when Il
was decided by the register and re
eeiver 10 be the bed OF permanent
lake.
In 1900 the mabter was taken before
Commissioner Hermann. Of the gen.
eral land Office. who decided. IN No.
vember 1900, that the property was
swamp land. He reversed his own
decision. however. four months later
and rendered another in line with
that OF the register and receiver.
The case was again appealed to the
secretary OF the interior. who once
more reversed the decision and de.
eided in favor Of the company. Here
the matter rests on account OF there
being no higher tribunal 10 which an
appeal can be made. The settlers
stand dispossessed.
Ihere are at present only seven
families Of the original 70 remaining
on the land. The company has
bought many Of them out at a reason.
lo'e ngure, allowing Cor all improve I
nents which may have been made
y the settlers during their stav ON =
he land
Settlers Refuse to Move. s
The basis for the contention has Q
zen the question as to vhaher the s
ne iand Is swamp or arabic. The set. !
lers acquired their nghts-Or sun. 4
osed rights-frOm the government d
nder the homestead law. The com. c
any acquired It's rights from the a
ate to which they claim the lana
'Verted under the swamp land ACT
was not disputed that the com.
any vas In possession Of The land g
49, but the settlers contendea rs, a
e eompAny's claim was inyalia M. q
'ase The lana was arabic ana No,
lnnnn ~. - -ot