East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-11-13
Terms of the Fulton Act.


lows:
Terms of the Fulton Act.
"That all persons who have hereto
fore purchased any of the lands of the
Umatilla Indian reservation and have
made full and final payment thereof
in conformity with the acts of con-
gress OF March 3, 1885, and of July
/, 1902, respecting the sale of such
lands, shall be entitled to receive
patent therefor upon submitting sat
isfactory proof to the secretary OF the
interior that the untimbered lands so
purchased are not susceptible of cul-
tivation or residence and are exclus-
lively grazing lands, incapable Of any
profitable use other than for grazing
purposes"
This act, known as the Fulton act,
was first introduced by Senator Nit
chel during his time in the senate,
and passed the senate, as / was in
formed, but failed of consideration in
the house, consequently did not pass
until taken up by Senator Fulton
later A draft of this bill was sub
mitted to Special Land Agent McNutt,
who was in charge of this district at
the time, and met his approval. Later
on, after Captain Alexander was
placed in charge, copy of this bill
was submitted to him. | cannot say
that 1t met his approval. Captain
Alexander simply remarked that he
did not consider himself in a position
to advise one way or the other as to
the merits or necessity for the bill.
After the passage of this bill very
many of the purchasers advertised in
the regular way for making final
proof, and at the expiration of the ad-
vertiscd notice. went before the reg
lister and receiver at La Grande, in
each case with two witnesses, and
submitted proof of the character Of
the land, If the land was capable Of
residence or cultivation the proof so
showed and, If not, to the effect that
It wdas not susceptible of agriculture
nor residence. proof was submitted.
Secretary of Interior Suspicious.
It will be remembered that the bill
provided that proof should be made
satisfactory to the secretary of the
interior. So many Of these proofs
being submitted apparently created a
suspicion in the mind Of the secretary
of the interior that the law was being
abused and, as / have been informed
by some of the specials" here, they
are here directly under instructions
from the interior department to inves-
tigate each separate purchase and
entry as to the character of the land
and as to whether or not it is in fact
agricultural or is only susceptible OF
grazing.
The statement in the Journal that
these lands are producing 80 bushels
of wheat, or any other amount OF
wheat whatever, is absolutely false
I know from my personal knowledge
that no proof has been submitted tc
the register and receiver at La
Grande. showing the lands to be
grazing lands only, upon which there
has been any crops of value raised
Some lands squatted upon upon the
hig ridges along the creek bottom!
produced crops. but i'm each instance
proof has been made upon these
lands showing residence and cultiva
tion, as required by law.
Col. Ralcy's Individual Purchases.
Now. with regard to my own pur
chase of these lands at the first salt
under the act of 1885: | bought 16I
acres of untmbered land near Pen
dleton. upon which resided continu
ously for nearly 10 years and received
patent. At such sale | did not pur
chase any timbercd lands. At the las
sale | applied to purchase 40 acre
Of untimbercd lands and 40 acres o
timbered lands. The interior depart
meut decided that having made on
purchase of untimbcred lands at tn
first sale. I was not again entitled (
purchase untimbcred land at the sec
ond sale. but might at the second sal
purchase 40 acres of timbered land
to go with my first purchase Of un
tlmbcred lands. This question wa
taken before Judge Wolvorton a
Portland of the federal court, In tn
case of Hoover VS.. Jones, and tn
ruling of the interior department wa
confirmed by the opinion of Judg
Wolverton. I thereupon relinquishe
to the government the 40 acres pun
chased by me at the second sale an
for which I had made payment, an
applied to the government for the re
turn of the purchase money on the 4
acres so relinquished, and on day be
fore yesterday received notificauo
from the interior department that m
claim for the return of purchas
money had been duly allowed.
This is the only land of any kind
character, in which or upon which
made any purchase or any contrat
for purchase, either directly or ind
rectly. However, myself and job
Crow (named In the Journal article
did furnish several persons the none
with which to pay the governmei
both the first, second and third pay
ments upon the lands purchased
the second sale. and did also furnis
the money to fence the lands and II
other expenses In connection there
with. and did soon after the purcha:
C think in the fall OF 1902 and II
spring of 1903) enclose the lands f'
which we had furnished money to pa
the government. with a three-wil
fence, and this enclosure has ever sin'
that time been known as the Grow
Raley pasture and, as am well awar
has been the subject Of quite goc
deal of comment. These untimbere
lands so fenced were all of stee
bluffy character and not capable
any sort of cultivation I'm any instan'