The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1920-11-20
STATE BOARD Is
ASKED TO DELAY
ACTION ON LAKE
0tley Claims Owners of the
Riparian Rights Were
Not Copsul'ed


the banks OF Malheur Lake were no
consulted during tho recent contro
rersy leading to the dofeat OF Tn,
Nalheur bird reserve bill In thu
esntention OF Fred Otley OF Lawen
Harney county. who In In Portland
Eoday. 0tley declares. as a matter
u fact, that the owners OF hese lands
Fontisuous to the alike are riparian
bvners and therefore the state ha.
70 title whatever to the lake bed and
snnot contract II away either TO the
cvernment or to private owners.
otley has written a letter TO the
tste land board. advising that any
e,ion toward bestowing lands below
Ne meander line be withheld until n
sit brought to quiet title to lands In
he lake bed Ia settled. holding that
NY such grants would merely com
lieate the issue
Would Give Facts
The election being over, I thinN
be people OF Oregon are entitled 10
now all facts concerning Malhcur
khe. which has been q lake proper
rom the beginning OF time and a
dersl bird reserve since is0s." said
ptiey. These facts are not In uni
cn with the ideas OF w. L. Finley.
Percy w. Cuppcr. William Haniey.
isnry l.. Corbett. the Burns Com
hsrcial club. Jimmy Donegan and
Amy other writer's and workers for
against the Roosevelt bird refuge
hl that a majority OF the people OF
oregon have Just voted down. As q /
patier OF wellknown fact, MsIheur
lie was originally owned by the fed-
|nl government. and In due course
y time was surveyed and mea andered
lake. and the lands surrounding
|Ame were thrown open for settle
Psnt and filing by citisens of the
Fnited States (which vas done. }
|sny OF these settlers vere dissatis-
Fsd with he original survey and
feander line OF Maiheur lake, and in
'ss applied for . resurvey. and az
Pc title to these lands surrounding
pa within the lake stiil rested in the
fderai government. the application
|is finally agreed to under certain
Fnditions and reservations and the
\" survey took place and was ap-
FoVed by the federal government In
's5. After that time settlers who I
pa hled on lands bordering on NAL 1
Fur lake proved up on said lands
% obtained patent from the :
alted States government for same !
% In accord with riparian law and
nous decisions OF the United .
's'es supreme court owned the un- q
''ered land below the meander line
the lake 10 the waters edge. and I
became riparian owners OF NAL
mr. lake.
Case II Cited y
In support OF this contention we c
we the state supreme courts decree Q
the case OF Garfield Va. Smith.
iS' viz: First. the Malheur lake
lake proper and not a tule v
''bh second, that the Yesurvey of o
'iheun lake In 1895 was correct :
''ey; third. that the meander line
'ners OF Malheur lake own TO the
nter thereof.
on account OF Withholding froEi
ng numerous fractions OF land
faering on the meander line OF
iheur lake. the federal govern
NJ IL still a riparian owner with
rest OF meander line owners. and
never turned the lake over 10 the
OF oregon as swamp. and never
= unless the state can prove that
'heur lake was a swamp In 1860,
ch up TO this time the state OFF,
. nave been unable to do. State
Siatures and officials have no jur-
ction over lakes proper or federal
'rVes. and Malheur lake is both.
'equentiy w. l.. Finley's bill that
Just been voted down was a farce
The legislative bill OF 1918. auth
ing the state land board TO con-
Tor the draining of Malheur
was unconstitutional and con-
lently a farce. But these bills
The fact that the lake has been
during the years 1919 and 1920
ush lack OF snowfall In the ada
Blue mountains. have brought
u a state OF affairs that compels
Fiparian owners OF same to bring