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Luxemburger gazette. [volume] (Dubuque, Iowa) 1871-1918, 1907-12-24
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Luxemburger gazette. [volume] (Dubuque, Iowa) 1871-1918, 1907-12-24
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Luxemburger gazette. [volume] (Dubuque, Iowa) 1871-1918, 1907-12-24
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Luxemburger gazette. [volume] (Dubuque, Iowa) 1871-1918, 1907-12-24
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The oasis., 1907-05-25
Whole No. 732

You will, therefore, notify the said claimants that they will be allowed sixty days from notice to apply for hearing before you, at which they may introduce evidence to disprove your fndings as to the known character of the land on June F, 1863, and the opposing claimants may produce evidence in support thereof; that in default of an application for hearing by them, or of appeal herefrom, within the time specified, your findings will be accepted as correct and the entire selection will be finally rejected. You will also give notice hereof to those claiming against the float.
 Observe 29 L. D., 649, and in due time make report.
 A detailed examination of the correctness of the line of the sur vey has not yet been made by this office, this matter being held open pending consideration as to the validity of the selection.
 Very respectfully,
 FRED DENNETT.
 Assistant Commissioner. Board of Law Review
 By
 H. J. GRAY
 k. c. FINNEY.
The oasis., 1907-05-25

DEPARTMENT OF THE INTERIOR, OFFICE OF U. 5. SURVEYOR GENERAL,
 PHoENIX, ARIz., May 31, '07. 5IR:-
 I have to advise you that on Nov. 9th, 1906, l reported to the Commissioner of the General Land Office my recommendation, as Il result of the hearing in the Baca Float No. 3 case, which held dur ing the survey of said Float. The Commissioner, by letter "K", dated May 18th. 1907, Ca copy of which $ herewith enclosed), sustains my findings in the case, but grants the claimants of said Float a further hearing, in order that they may submit new evidence, showing that my recommendations should not prevail. He further directs that all parties in interest be notified and also allows the parties claim ing adversely to the Grant to submit any additional evidence they may desire.
 You are therefore notified, as one of the parties in interest, that the hearing granted by the Com missioner will be held at the office of the U. $. Surveyor General for Arizona, at Phoenix, during the sixty (60) days following May 27th, 1907, which allows five days for service hereof; during which time you may submit any evidence you may desire in the case, either oral or written. You will please acknowledge receipt hereof, and if possible signify your intentions in the matter, and if it is your desire to submit evidence in the case, give me the approximate date that you will appear before me.
 Very respectfully.
 FRANK $. INGALLS,.
 U. $. Surveyor General. Mr. Allen T. Bird,
 Editor "THE OASIS"
 Nogales, Ariz.
The oasis., 1907-05-25
MAY 13, 1907.

BAcA FLOAT No. 3-Holding re-
 port of Surveyor General to be
 showing against the validity of
 the entire selection.
 The U. $. Surveyor General,
 Phoenix, Ariz.
 SIR:-I am in receipt of your re- port and recommendation of Nov. ,, 1906. in the matter of Baca Float Mo- 5, recently completed.
 You were directed to let con. tract for this survey by letter "G" of January 12, 1905, and with said letter was enlosed a copy of letter "G" of Nov. 10, 1904, addressed to the Secretary of the Interior and requesting authority for the sur vey, and also copy of instructions of Dec. 2S, 1904, from the Secre- tary, authorizing the said survey. Said departmental instructions di- rected that the survey should be executed in accordance with direc- tions heretofore given (29 l.. D., IA, 53-54; 30 L, D., 97, 105).
 You were advised that it would be observed from the decisions cit ed that the duty of investigating and determining, in the first in- stance at least, the character of the lands involved rested upon you,
The oasis., 1907-05-25
Live Stock Market.
H. J. GRAY
 E. c. KINNEY.

KANSAS CITY, May r, 1907-The cattle supply was heavy first two days this week, and the market sagged 10 to 15 cents, but receipts dropped down after Thursday, bringing a stronger feeling, and the week closed without much net loss. High priced corn caused the big run first of the week, but as great part of our territory received rains this week, more confident feeling developed, and smaller runs resulted. Total supply for the week is 5000 head, which is not at all excessive. Numerous lots of Colorado fed steers have been here this week selling at S5.35 to $5.6O, few stockers from the range country at $3 50 to $475, feeders quotable at $4.40 to $500. The COW market and fat bulls have held up stronger than other kinds this week, bulls being at an extremely high figure, full loads yesterday not extra good, at $40, COWS worth $3 9 to $4.85. Veal calves bring $4.50 to $560, stock calves $3.25 to $500. Commission. men here are advising feeders to hold their cattle on feed awhile. Recent cold weather has set the grass back and grass cattle will be a month later than was figured a few weeks ago.
 Lambs have held about steady this week, aged sheep 10 to 15 lower. Quality has not averaged at all good, the best wooded lambs selling at $S.35 to $8.4O. medium grades $S.10 to $S.25, clipped lambs $7.25 to $7.45, clipped yearlings at $6.35. wethers $610, ewes $575. Texas muttons are coming pretty freely, although total supply of sheep and lambs from all sources this week is only 2S,000 head. Texas muttons have sold this week $5. % to $5.S5, from 76 to 90 lbs, bulk of the sales at $5.75 to $5S5. Some Texas wethers have gone to feeders at $475. Texas goats have been in good supply, selling readily at $500 to $4.25.
 ]. A. RICKART,
 l.. $. Correspondent.
The oasis., 1907-05-25

isfaction of this grant was vacant and not known to be mineral; that the entertainment of these facts rests primarily with the Surveyor General; that such entertainment could not be had without a survey of at least the exterior boundaries of the tract, but that it should be made in connection with such survey, and CD that the land within the claimed limits of the Tumacacori and Calabasas, and of the San Jose de Sonoita claims are to be excluded from such survey.
 The claimants under the float location and those claiming in op- position thereto were heard in oral argument at this office on May ', 1907, and the float claimants have in addition submitted written ar guments. In such arguments the float claimants have not sought to controvert the conclusions of fact stated in your report, but have rested upon the contention that the prior decisions of the Depart ment and of this office in the case were erroneous; that the questions as to whether the land embraced in their locations was, on June IF, 1863, vacant and not known to be mineral, are res GdjUdiCatd, and that the land department has now no jurisdiction except to perform the mere ministerial act of making and approving proper survey of the exterior lines of the tract and furnishing the claimants with evil dence of their title thereto.
 The arguments submitted and tue authorities cited have been carefully considered, and 1 see no reason to question the correctness of the decisions heretofore rendered, think 1t clear that the case has now reached the stage, where, for the first time, a determination can
 be had as to whether the tract claimed under the location of the float, was, at the date of such loca- tion, vacant and unoccupied, and not then known to be mineral in character; that you were charged with the duty of making such de- termination in the first instance, and that, having rendered your decision thereon, such decision, { with the data submitted by you in support thereof, is now properly before this office for consideration. Your conclusion is based on l your own examinations of the tract 1 in question, and on a number of atlidavits either taken by you or submitted to you by those opposed to the allowance of the float loca- ton. Such affidavits, with the l facts stated by you as of your own observation, are voluminous and cannot be here set out in detail. They have been carefully consid- cred and are found to make such showing as to support your con- clusions. Bnt the claimants under the float location, although notified by publication that the survey was being made, and that you would as it progressed make inquiry to ascertain the condition and known character of the land at the date when the location was applied for, have submitted no evidence as to any portion of the tract. It is therefore thought proper that before a final con clusion is expressed they should be 1 In hrs1t i
The oasis., 1907-05-25

be conducted and determination made as the work progressed in the field; that 1t was your duty also to determine what lands covered by the Baca location were occupied or claimed under private land claims at the time of the location of the float in 1863; and that such lands as you should find to be mineral or were occupied or claimed, as in- dicated, on June F, 1863, the date of the selection, should be excepted from the survey of the Baca claim as not subject to selection.
 The survey of the said location has been repeatedly refused until the claimants should deposit suf- ficient money to cover the expense thereof. No deposit was made by claimants and the said survey was authorized by the Department for the purpose of enabling this office to properly administer the public land laws, as without such survey it could not be determined what were public lands and what lands were included within the location.
 The plat of the survey of this float, made by Philip Contzen, under contract No 136, dated June F, 1905, shows a mineral segrega- ton at the northeast corner of the location of S,656 acres. which se- gregation embraces Salero Hill. Said survey also shows as segre- gated from the survey the rejected Tumacacori and Calabasas grants, the confirmed San Jose de Sonoita grant, and the townsite of Tubac, there being left a net area in the location of said Baca Float Mo- 3 of 60,1S033 acres, the aggregate area beng 99, 9,2S92 27 acres.
 Your report concludes La that the said lands within the said float which said Deputy was instructed to segregate therefrom by your special instructions dated June 17, 1905, were notoriously mineral in character at the date of the selec- tion and are not subject to the Baca grant; (b) the balance of the lands embraced in said selection, excluding lands embraced in other grants, is generally mineral in character, was so known in June. 1863, and prior thereto, sufficient evidence being at hand and trans mitted with your report, you state, independent of your own observations, to conclusively bear out this statement; (2( the lands embraced in this selection that were not shown to be mineral were occupied and not vacant at the time of the selection and are, there fore, not subject to the grant
 Therefore, after mature delibera- ton, you recommend that this se- lection be rejected in its entirety as not being subject to the provis- ions of Sec. 6 of the act of June 21, 1860 (12 Stat, I'D.
 The matter of the survey and To- cation of this grant has been a number of times before the Depart ment, and the action taken there in will be seen by reference to the departmental decisions of June 15, 1887 6 l.. D., 705); June 14, 1891 (12 l.. D., 676); Nov. 2S, 1891 { 13 L D., 624); July 25, 1899 (29 l.. D., 44); June 30, 1900 (30 l.. D., 97) and March ,, 1901 (30 l.. D., 47O.
 By these several decisions 1t has | IfN { Lo.
The oasis., 1907-05-25
BACA FLOAT GRANT
turned Down; But the Claimants Have Been Given Another Chance.

DEPARTMENT OF THE INTERIOR, OFFICE OF U. 5. SURVEYOR GENERAL,
 PHoENIX, ARIz., May 3l, or.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
one IS DEAD
|. FIVE INJURED
Fire Destroys SincIair's
Cooperative Colony
LOSS WILL Be $4,000
MRS. GRACE M'GoWN COOKE, THE
FAMOUS SHORT STORY WRIT
ER, BELIEVED FATALLY IN
JuRED-HELlcoN HALL is GUT.
TED BY FIRE.


Englewood, N. u, March 16.-By the
burning of Helicon hail. the home Of
Upton Sinclair's CO. operative colony,
today, one man, Lester Briggs Carpen-
ter of Providence, r. l., was killed and
eight Of the colonists were injured by
jumping from windows. Mrs. Grace
MCGOWAN Cooke, the well known writ
ser of short stories, is believed to have
suffered fatal injuries, and her sister,
Miss Alice MCGOWAN, also writer,
and Miss Leonie Fechtenberg are bad
ly injured. The financial loss is esti-
mated at $4,000. Fifty-ffve members
OF the colony and workers employed
by them. occupied the building, witch
was three story structure located on
the hilltop and formerly used as a
school for boys. An explosion OF gas,
which occurred on the main floor,
started the fire about dawn today. The
blaze was preceded by an explosion
which seemed to occur in the ballroom
which was at the extreme end Of the
building from the boiler room. The
danes spread With such rapidity that
the fiftv-fivc colonists had to Nee for
their lives without having time to save
any Of their belongings.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
Jury Finds Grafton MUIR
derer Guilty
JURY WAS OUT IS HOURS
JUDGE KNEEsHAW PRONOUNCED
SENTENCE AFTER JURY RE-
TURNED VERDICT - WEBER0
BROKE DOWN WHEN SENTENCE
WAS PASSED.

Grafton. n D., March 16-This aft
ernoon Otto Weberg. who has been on
trial for the killing Of his sweetheart.
Anna Engalsrud, was doomed to the
state penltentiary for the remainder OF.
his natural life by the jury, which re-
turned its verdict at 2:3O o'clock, after
deliberating since $3.50 last night.
The verdict of the jury was that We-
berg is guilty of murder in the first
degree, but they recommended that the.
punishment be Imprisonment for life
and acting upon the recommendation,
Judge Kneeshaw Immediately pros
nounced the sentence.
Weberg was convicted for the killing
of the girl TO whom he was engaged,
whom It was alleged scorned his at
tentions and coldly told him not to
bother her. The prisoner collapsed
upon hearing the jurys terrible ver-
dict.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
n. ?. Planning >rect
Line to DAVIS City
It Is Reported That Less Than IS y I>eeying,
Parties Are Working Between Winni-
peg and Dawson City

Montreal, March 16.-Railway men
returning from the west report that
plans are being prepared for an ex-
tension Of the Northern Pacific rail-
way in direct line from Winnipeg
to Dawson city. At the present time,
they say, no fewer than eighteen sur
veying parties are scattered over the
intervening country, and as soon as
the route has been located, application
for a charter will be made in another
name. The proposed route will run
north OF the main line of the Canadian
Northern, In almost a bee line be-
tween Winnipeg and Prince Albert
From the latter place 1t will run north
erly to Lesser lake, and then another
bee line will be made to Fort Nelson,
through the rich Peace river country,
and the mineral districts Of northern
British Columbia. Leaving Fort Nell
son, rather wild country is tapped
which is as yet little explored, and
there the most difficult part on the
railway work begins, rocky passes,
lakes, and sloughs innumerable block
ing the way. When the line is ac-
complished, however" "it will then
beat every competitor as money
maker, and as far as freight hauling
is concerned, viii have no equal on the
continent. In the country to be tra-
versed, settlers are already scattered
over fully one-half of the distance, and
many Of these have now to haul their
produce long distances to a railway
Beyond Lesser Slave lake, many rich
coal, iron, copper and oil deposits have
been located but 1t has been impossi-
BILE to develop any of them because of
the lack Of transportation In the
Peace river district there are a NUM-
Der OF American settlers engaged in
farming. ranching. or trapping, and
when the railway gets there the num-
ber will be vastly Increased, for 1t is
splendid agricultural land in that Sec
tion. Above and beyond all, of course,
Is the wonderful wealth Of the Yukon.
Not only will the new railroad secure
a portion of the enormously growing
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
AT
BISMARCK
Prosecution of Landlord
Patterson Continues
SpAI DING IN THF lAMF
'SPALDING IN THE GAME
SUPREME COURT JUSTICE SITS
AS a. COMMITTING MAGISTRATE
AND ASSISTS GOVERNOR BURKE
AND THE ASSISTANT ATToR-
NEY GENERAL.

Bismarck N. D.. March 16.-The en-
forcement of the prohibition law in this
city is still the absorbing theme More
excitement has been created over the
matter than was occasioned by any
feature of the late legislative session.
Surprises have followed each other in
rapid succession and the cases are still
under consideration 1t will probably
require several days to conclude the
hearings. Those originally started be-
fore the Justice of the peace were adj
journed till next Tuesday.
The action of Justice Spalding of
the state supreme court sitting as a
committing magistrate and issuing
subpoenas was the greatest surprise.
He has virtually taken charge of the
case against Landlord Patterson OF the
Northwest in which Assistant Attorney
General Andrew Miller appeared as
prosecuting attorney at toe instance
of Governor Burke who is making a
campaign to close the places in the
capital city alleged to exist in violation
of the law.
The case is the first in the history
of the state when judge of the SUI
prone court has sat as committing
magistrate, although judges Of the dis
trict court have sat in that capacity,
notably ifl1the case where Judge VIM
chester of this district sat in as a mag
istrate in the case brought against
Patterson several years ago for leasing
a building for purposes of gambling.
In the hearing Of the case witnesses
or es1lI p1 Al
| dragnet of the prohibition law 10 give
testimony as to what they knew Of
sales of liquor at the Northwest.
Several former Mattresses at the
Northwest were among the witnesses
and number of men prominent III
business circles of the city have been
junder subpoena to give testimony
It Is understood the manager of the
Northwest cafe testified to the receipt
of beer by the car load at the hotel
during the late legislative session and
to its being sold by him in the cafe
and to his giving it out to bell hops to
be taken TO rooms. the money for which
was paid to him, and he in turn paid
| il into the hotel office
The bell hops testified to the same,
| as did other employees, among them
mattresses. The employees gave the
names of about fifty prominent people
who had bought beer and whisky from
| them and many of these will be sub
Ipoenaed.
Patterson was not represented at the
hearing, the testimony being taken as
a preliminary to the open hearing.
And the testimony was all reduced
to writing and will be used by the
prosecution as reminder TO witnesses
when the case Is heard on its merits.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
Montana Jury Acquits
Grand Forker
JURY WAS OUT 2g HOURS
MAN CHARGED WITH THE MUIR
DER or MITCHELL THOMPSON
WAS GIVEN HIS LlBERTY-DE-
FENsE WAS THAT DEATH WAS
DUE TO ALCOHOLISM.

Grand Forks N. D.. March 16--After
being out twenty-nine hours at Glas-
gov, Mont, the jury in the case Of JUL
ius Tysver. the Grand Forks young
man accused of the murder of Mitchell
Thompson, also a former resident Of
| Grand Forks, brought in a verdict of
not guilty The jury stood ten TO two
in favor Of acquittal UP to the time of
tTeaching an agreement. Tysver is
spending a few days at Mondak before
returning TO Grend Forks. His parents,
Mr. and Mrs M. L. Tysver, and his at
torney, s. G. Skulason, arrived from
Glasgow on the belated Oriental Linn
tied last night.
The defense had the state beaten at
every point when the case went to the
Jury. The state started out on the the
ory that it was a case of murder in
the first degree Finally efforts were
directed to prove that it was only a
case of mansfaughter 1t was shown
that Thompson's neck was broken.
The defense was that the death of
Tompson was due to chronic alcohol
ism The relationship of the men was
proven. Tysver is nephew of Thomp-
son 1t was shown that Thompson had
| lived with the Tysver family near
Grand Forks for eight years, and they
had been friendly at all times. 1t was
also brought out that Thompson had
been in Mondak for six weeks before
his death and was sober but one day,
and that was the one before he died.
He became so i'll on that date that it
was necessary to call DR.. McManus.
Or. McManus was a witness for the de-
fense and testified that he found
Thompson in the last stages of chron-
ic alcoholism His heart action was
bad and there was leak in the heart
The defense also showed that the
Aneek 1nnst have been broken at the
Post mortem or Thompson would have
died at once Instead he died on a
Great Northern train near Williston
and his body was taken off there. Tys-
yer and Blake Gage had helped him on
the train and when he died suddenly
they We're arrested for killing him
County Attorney John Slattery, of
Valley county. appeared for the state
in the case and Hurd & Dignon and S.
q. Skulason for the defendant.
Blake Gage is yet to be tried for
completely in the murder 1t is not be-
lieved that the state will have much
of show to convict him.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-03-16
RAILROADS TO
MAKE APPEAL
WANT ORDER OF FORMER POST
MASTER GENERAL REscINDED.
Big Mail Carrying Roads Will Ask the
New Postmaster General Not to En-
force the Rule Requiring Change in
Mail Weighing Methods.

Chicago. March 1s--The big mall
carrying railroads have decided TO
make an appeal to- the new postmaster
general against the rule which ex-
Postmaster General cortelyou promul-
gated, requiring the change in the
methods of weighing the mails. The
meeting was held yesterday by the SUI
perintendents of mails for nearly all
the heavy nail-carrying roads and it
was the general opinion that the new
order If carried out would make 1t Inn
possible for the railroads to furnish
the present service.