The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1919-09-20
Otley Seeks More
Information

iuWtu u Va otNi, - ib
To the Editor Of The TimesHcrald:.
Your statements In issue of Sep
tember 9th noted
In regards facts as to whether NAL
heur lake IN a lake proper or swamp.
will also call attention To the Swamp
land Act OF iS60--'which grants all
the etate OF Oregon and other
siatos) upon application for same by
the state" unless reserved by tho
Federal government. In 1860 NAL
heur lake was almost an inland sea.
the size OF which can be determined
by any competent engineer taking a
level from the top OF the sand reef
which then separated Malheur from
Harvey lake. In 1851 the water In
Malhcur lake was 80 high that In one
place II broke over the sand reef,
and eventually washed out the pre-
sent channel and drained Maiheur
lake to Its present dimensions. What
isnow Malheur lake was In 1860 only
~ portion OF the lake at that time,
and our present mcander line was
probably tat timesD from z to 6 feet
under water In accord with the depth
OF water, which varies. hut was very
certainly not swamp In 1880. or con-
seQuently at any time since. Also Il
Is safe To say that the early swamp
Angels OF those early times. via
French. Dcvinc, owens. Fulton, and
Todhuntor. "all of sacred memory
were certainly onto their Job, aud
allowed no swamp land To- BE- unap-
piled for--to be- discovered later by
the Harney Basin Development com
p1ny and It's Burns friends. In 1918
and 1919.
would also call attention 10 n
decree OF the Oregon supreme court
IN the case OF Cawlneld Va. Smyth
1918, "a tcst case between mean
der line owner and squatterD which
was as follows: ist-That Malhcur
lake was lake proper. and not a
tule marsh. 2nd-That meandcr limo !
owners owned To the center OF said |
lake. and 3rd-That the resuryey of |
Meiheur lake In 1895 was a correct \
survey. On the strength OF this de-
cree. Smyth the spunttcr concluded 1
not To carry the ease any further
and bought out Cawlhcld the mean
der line owner and no settled the case
Also the case OF Joanna Little W. J
J. Williams involving title and own
ership OF land In Walker lake bed
situated In northeast Arkansas
Little was q squatter on the lake, and
had obtained deeds TO her claim In
the lake bed from the Arkansas state
government, aud the 81. Francis
leveo district, Ga drainage corpora
ton The decision OF the supreme
court OF Arkansas was In favor OF
!. J. Williams. the riparian owner
This decision was affirmed by the q.
;. supreme court. Dee /. 1913. Al
20 United States supreme court de-
''si0ns In case Of Hardin w. Jordan.
and Mitchell W, Smaie 40 q. 8. 37i
-'o6 have bearings on this matter.
Swamp are surveyed while lakes
proper are moandcred. Tho 4. 8.
land Office AT Burma will toll you that
the Federal government owns more
81 the moander line OF Malheur lake
than any other individual owner.
and consequently owns more OF the
lake bed as "A riparian owner.
would call attention 10 the soil
Of malheur lake bed. which IL not OF
n swampy or boggy nature. Whenever
the water OF the lake lowers as AT
present the land thereby exposed IL
firm aud mowers are run over same
by the owners thereof. cutting grass
or tules for hay. This on land that
has been under wate: for years.
Also the lake bed beneath the opsn
water OF the lake IN AN alkali hard
pau. more like cement than a soil
and totally unft for cultivation
even tules won't grow In shallow
water. Nothing swampy or boggy
about this.
would again ask for dates OF the
decisions OF the ". n. Interior De-
partment declaring Malheur lake TO
be swsmp. and when as such II was
ceded To the state OF Oregon for the
benefit OF the school fund. A men
toned by you In your Issue OF August
301h.
Respectfully yours.
FRED OTLEY.
The act OF September 28. 1850.
grating swamp aud overnowed lands
t0"the several states. was extended
20 Oregon March i2. 1850. Section
2si3 Lords Oregon Laws provides
that proceeds OF the sale OF tide and |
overflow lands. with certain other |
lands. shall be set apart IA a seperate
ehd trreducibie fund TO be- called the |
"irreducibIe school fund" the inter
eat Of which shall be exclusively ap-
piled 10 the support and maintenance
OF common schools Ia each school dis
trici OF the state.
~ Maiheur lake was. In fact. only |
swamp or overhowed land on March |
~. 1850. Il eau. or such portion as
actually was OF that character, be
claimed al the property OF the state
Up6" proper proof as such. but. as
pointed out In the reply TO your art
ic'c ia the Issue OF September 9Th, II
hss been long time since 1860, and
AMY two persons now living are
isssDwn who saw the lake prior to that
Aa4c,, What anybody believes or
heard another say Ia not evidence.
1Uc most cOncrete and authentic
Information on the subject 10 the first