The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-11-16

which we had furnished money to pay
the government, with a three-wire
fence, and this enclosure has ever since
that time been known as the Crow
Raley pasture and, as am well aware,
has been the subject of quite a good
deal of comment. These untimbered
lands so fenced were all of steep,
bluffy character and not capable OF
any sort of cultivation in any instance
or under any circumstances, or of any
reasonable residence, and were ex-
clusively and solely pasture lands,
and at the time they were fenced, of
very inferior character of pasture.
Upon each of these tracts of land we
advanced the money to the pur-
chaser with which to pay the govern
ment and took a lease, of one OF
which the following is an exact copy,
the others were exactly the same ex-
cept perhaps, as to the amount ad-
vanced, the description of the lands.
the date and the names of the parties:
"Grazing Lease.
"This agreement, made this Sth day
of November, 1902. by and between
Clyde e. Finch, of Umatilla county
and state of Oregon, the party of the
first part, and J. H. Raleys of Uma-
tilla county, state of Oregon, the party
of the second part witnesseth:
"That the said party of the first
part, for and in consideration of the
sum of $287.50 to him in hand paid
by the said J. H. Raley, the receipt
whereof is hereby acknowledged, has
leased and let and does by these pres
ents lease and let to the said j. H.
Raley or his administrators, executors
or assigns, for the period of 10 years,
beginning on the first day of January,
1903, and ending on the first day Of
January, 1913, the following de-
scribed premises in Umatilla county
and state of Oregon, to-wit:
EAST half, northwest quarter and
east half southwest quarter, Sec. g.,
TIP. /, S. r. "a, e. w. NJ, and S. E. 4,
N. w. 4, Sec. 32. TIP. 1, North
Range 35, e. W. M.
"It is especially agreed by and be-
tween the parties hereto. however
that the said party of the first part
reserves to himself and for his own
use the full right and privilege to en-
ter upon and reside upon said tract Of
land, or any part thereof, and to cul-
tivate the said lands not to exceed rs
acres thereof, and to enter and re-
main thereon for the purpose of doing
any and all things necessary to fully
comply with the requirements of law
respecting the said lands.
"And it is mutually agreed by and
between the parties hereto that the
said second party shall use said lands
for grazing purposes only, and this is
intended to be a grazing lease.
''It is further mutually agreed, how
ever, that for the purposes of clearing
said land of all timber growing there
on, and for the purposes of getting 1t
in condition to seed to tame grasses.
that the party of the second part
may, during the continuance of this
lease, have the full privilege to cut
and remove all timber from said land
and in payment for the cutting and
removal of such timber, the said par
ty of the second part shall have the
same for his own; the party of the
first part, however, reserves to him.
self the right to cut and use all tim
Der that may be actually necessary
for household, fuel and fencing pur-
poses upon the land
"And the said party of the second
part hereby agrees to and with the
party of the first part that at the ex-
piration of this lease, he will surren-
der and return the said premises to
the party of the first part, his as
signs, executors or administrators.
"In testimony whereof the parties
hereto have hereunto set their hands,
the day and date first above written.
(Signed.) CLYDE FINCH.
"J. I'll. RALEY."
No Sub-Rosa Agreements.
Beyond or aside from this lease
there exists absolutely no contract or
understanding of any kind or charac-
ter, and with the exception of the lien
created by this lease, the land in every
respect, so far as 1 am concerned or
have any knowledge, is the absolute
dllu ullulopulSu PIOpClly VI lllC PoA
chaser. I am informed that the in
spectors now contend that the making
of this lease was the making of a
contract whereby the title to the land
would inure to the benefit of the les
sees. This may 'be their construction
of the law. 1t may be the construc-
ton that the interior department will
pnuci1Nlxy the
construction that the court will put
upon it, but have never thought so,
and do not now think so. A copy of
this lease was furnished to Captain
Alexander, the special in charge, as
early as March, 1904, and at that time
it was forwarded to the department
for their consideration. Subsequent to
that time the government has accept
ed the third payment of these lands,
with interest thereon, and SO far as I
have heard, prior to this time no ques-
ton has been raised by the depart
ment as to the validity of the lease.
A copy of the lease was also fur
nished to the inspectors soon after
their arrival here.
Everything in connection with these
lands that has been done by either
myself or Mr. Grow, so far as know,
have been open, public and with the
knowledge OF the department of the
interior. The lands under lease, af-
ter being fenced by us. have been
rented during part of the summer
Saa son N farnoarc fny paStura oa and
in some instances, to cattlemen, and
it is from this source of income that
we expected to realize to us the re-
turn of the money invested. with in
terest thereon within the 10 years of
the lease, and at that time leave the
land free and unincumbered to the
original purchaser Unless the lands
during the remainder of the rental
period would produce greater rent
than fhaxy haua in fhn naCt wota1d