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Successor to Us Lewiston TeBer-—Twice s W wk Ijtwlaton Taller, Establish'd 187«. f" 1 LEWISTON, IDAHO, Vsi DAY, DECEMBER tt, IMS. BITTER FEELING OVER UND USE Messrs. West and McGil ^ery Make Counter Charges Spacial Agent Cullom of Interior De partment Writes 3harp Letter. Statements from Both Sides. A declelon recently rendered by the department of the Interior has given If re. Susan McGilvery, wife of D. J. McGil very, title to a valuable timber claim over which a series of contests have been aired before the land depart ment. Mr. McOllvery contends that he has but received what Is rightfully his, and that the land ofTlce has caused him trouble which was entirely unneces sary, and that the failure of the local ♦ MR. WEST'S STATEMENT. ♦ ♦ The facts presented to the de ♦ partment showed that Mr. Me ♦ GUvery had hired one Dommick ♦ Cameron, and paid him $150 to ♦ locate him a homestead and ♦ build him a cabin. It showed ♦ that he had not slept a night on ♦ the place nor eaten a meal In ♦ the cabin, and that he was hold ♦ Ing his claim by proxy, but the ♦ department held that he was ♦ entitled to the land as a home ♦ stead. He has changed his fll ♦ lngs to that of a timber claim, and will still have the land. land office to give him papers on the land from the first was entirely with out excuse. of View of Land Officials. The local land office officials are of the opinion that Mr. McGilvery has not complied with the spirit of the law in obtaining his claim, and cite the evidence In the case as proof of their contention. The controversy has caused no end of bitter feeling among the parties con corned. Mr. West In a letter to the de partment makes the assertion that Mr. McOllvery has perjured himself in making proof on his filings. Mr. Me - ♦ MR. MoGILVERY'S STATE- ♦ ♦ / MENT. ♦ "The local land office has op- ♦ ♦ posed me in the claim because ♦ ♦ they did not want me to have it. ♦ ♦ The evidence has been In my ♦ favor, and everything testified ♦ ♦ to has been established. The ♦ ♦ department has sustained me in ♦ ♦ everything." * GUvery states without reserve that Mr. West had personal reasons for wishing the filing rejected, and even contends that James M. Chandler, who contested him was In the employ of West. Case. History of the Case. In 1902 Mr. McGilvery first made representation on his claim. He hired w.«« to build a cabin, and do his rep resentatlve work. In his own words: |'T paid for the erecting of the cabin, it In axes and windows for the and had some clearing done. I __ided to go back In with my family the following spring and stay there for is summer." When lbr. McGilvery went Into his In the spring he found that M. Chandler was there In ad of him. and had Jumped the When the time came for filing, p. McOllvery had a man standing 1» in front of the land office for 20 . In order that his filing should le first, and Chandler should be the Who wouM have to do the con muig. When tbe time came the man tepped out of Hhe and gave his place McGilvWT. who made a filing, idler contested and McGilvery won ie case. Offers Not to Appeal. . chandler offered not to appeal If could have back the money he had been lout McGilvery agreed to pay hin» this amount, and the case was dropped. I„ the meanwhile Mr. McGilvery de cided to relinquish his homestead en try, aa he was informed that the land was more valuable As a timber claim than aa a homestead, and feared hi filing would be defeated upon those grounds. He offered his relinqulsh m«»t at the land office and It was re jected. Mrs. McGilvery offered a fill K on the land under the timber and stone act, and her filing was likewise re ^°The land office gave as authority for the rejection of the relinquishment and filing the foUowtng letter received from H. C. Cullom, Jr., special agent of the for be general land office: Permits No Relinquishment. Register and Receiver, U. S. Landl Office, Lewiston, Idaho.—Sir: I have! the honor to respectfully request that I you hold H. E. No. 10584 of Duncan J. McGilvery intact. Allow no relinquishment of the con testee or contestant in the contest case of J. M. Chandler vs. D. J. McGilvery, Involving H. E. No. 10584 for the El-2 SE1-4, SEI -4 NE1-4 Sec. 16. and NE 1-4 NE1-4 of Sec. 22, Tp. 87 N„ R. 6 E. B. M. to be filed in this office. Very respectfully, H. C. CULLON, JR., Special Agent G. L. O. S. L. McFarland, who Is Mr. McGil - very's attorney, appealed from the de cision of the local land office. Register West Writee Letter. In presenting the matter to the de partment, Mr. West wrote as follows: We rejected the relinquishment of Duncan J. McGilvery and application (Continued to page 6.) TOBACCO MEN INCORPORATE) Orofino Company Has Capital 8tock of $280,000. The articles of Incorporation of the Clearwater Tobacco company of Oro flno, were filed at the auditor's office today. The capital stock of the com pany is fixed at $250,000, and the value of the shares at $1 each. The prin cipal place of business is to be at Oro flno, and the incorporation Is for a period of 50 years. The corporation Is empowered to buy, sell and lease lands, and to hold, sell and erect ditches, flumes and trams for the handling of the product of their lands. They will engage In the growth and manufacture of tobacco on lands In the vicinity of Orofino, where they have already made a test of the pro duct. J. W. Blake, a banker of Orofino who was In the city today, stated that there would be $100,000 spent at once In carrying out the plans of the com pany. In the coming season from 1500 to 2000 acres of land will be placed in the cultivation of tobacco, and ware houses and other buildings erected for the curing of the crop and later for the preparation of the tobacco for the mar ket. Following are the Incorporators and ^the amount of shares they have sub scribed: August Carabin, 85,500 shares; Jno. J. Carabin, 6,500; H. Roth en berg, 100.000; G. W. Moody, 1500; A. L. Morgan, 1500; Isaac Buckley, 500. HOLDS SERVICES AT KOOSKIA Rev. Euster Finds Earnest Demand for Church There. Rev. W. T. Euster, pastor of the M. E. church of Lewiston, preached to a full house at Kooskla Thursday night. A request had been sent him some time ago to hold a meeting there and so full and earnest was the response that he has consented to preach there each month, providing the train service re mains as it now is, as this gives the opportunity of reaching there and get ting back with almost no loss of time. "The people there seem very hungry for preaching," says Dr. Euster, "and they are looking forward to the erec tion of a church building when It can be arranged for." Rev. Euster thinks the board In the east can be Interested and led to take hold of the project, in which event It would be easy to erect a nice little church for the place to be used by all who would take interest enough to send workers there, and for all preachers who could preach there. There Is now no church of any de nomination at Kooskla. and If the Methodists succeed in raising funds for their proposed building, it will be the first church house In that town. RID CITY TOUGH CHARACTERS Chief Masters Gives Orders to Arrest All Prowlers and Saloon Loungers. Chief of Police Masters has given orders to his men to take Into custody all hobos and late night prowlers, and to rout all loungers and lodgers from the saloons. There are too many tough characters about the city and Chief Masters Is determined to rid the city of all the un desirable characters possible. All vags will have to serve time on the streets or leave the city. This morning 13 drunks and vags lined up before Police Judge Cobum. Two of the crowd were local lads whose names did not appear on the blotter. There was a charge of drunkenness against them. The cash return to the city was $1» in dines. The other prisoners will serve time cleaning the streets. -# _ v MISS ROOSEVELT'S WEDDING OUTFIT OF DELICATE BLUE. ♦ Baltimore, Md„ December 29. —Alice Roosevelt's wedding trous seau will be made In Baltimore, and blue In most delicate shades will be the prevailing color. A modiste who has designed most of Miss Roosevelt's gowns since her father has been the president will get the order. The bridal gown will be an American product of simple design, in keeping with the lady's custom in this matter. She has no fondness for the gorgeous decorations of foreign design, and all h»f the gowns are comparatively plain and simple, as she has always been very much of a shirt waist girl. The dressmakers recall Miss Roosevelt's fondness for blue. When she christened the schooner yacht Meteor for Emperor William of Germany, she wore a gown of blue velvet, trimmed In light blue, made by the Baltimore modiste. When she came here during the great fire and made a tour of the burned district, she wore a beautiful blue gown. Though very plain In her tastes. Miss Roosevelt Is very enthu siastic about her clothing. When, Just before her departure for the Philippines, upon being shown a new gown for her approbation, she remarked: "Oh, my, isn't It pretty? I can Just love It to death.'* She cares more for comfort In dress than style, and will never sacrifice the former for the latter. SAVING CITY 28C PER MEAL Polie* Department Opens Bearding Housa in tha Jail. The city is making money in the boarding house business since it baa opened up the cafe In the Jail. The prisoners cook their own food which the city furnishes and the aver age cost of a meal Is somewhere be tween five and ten cents. Prior to this time the city was paying 25 cents for each meal furnished the prisoners. The bill of fare consists of fresh meat once a day, salted meats at the other meals, bread of their own making, with rice, beans and coffee. The food Is wholesome and nourishing, and some times the hobo cook is an artist In his line and is able to conjure up deleca des that are equal to the menus of the swell restaurants. The officers say there Is one thing you can depend on—there is no kick Ing on the cooking. If there Is, the kicker Is Invited to get the next meal The city Is pleased with the arrange ment and will be able in the course of the year to show a handsome saving for having inaugurated the system. May Start New Town. The sale of the Berry ranch near Avon to the Potlatch Lumber Co., has led to the supposition that on this tract will be located another town, says the Moscow Journal. The Berry place Is comparatively level and Is nearly clear of timber, while the price paid, 26,400, Indicates that the purchasers want It for some specific purpose. It Is said to be an ideal location for a town. Work on the railroad Is progressing rapidly in the vicinity of Avon, and railroad ties find ready sale there for 20 cents each. The office of the LeClalr Laundry Co. was a scene of merriment and good cheer Christinas night, when gifts were exchanged between the employer and employes. There was a brightly deco rated Christmas tree, and a pleasant social time was enjoyed. Mrs. Antionette Blake and Mrs. Sarah Hole of Spokane, who have been the guests of Mr. and Mrs. G. W. Tem ple, for the past week, returned to their home this morning. NEZ PERDE INDIANS HOIS (HOST DANCE AT SPALDING The annual ghost dance of the In dians Is in progress this week at Spaulding. In a vaat canvass covered lodge, 290 gaily dressed Nez Perce braves, daubed with war paint and be decked with gay-rolored feathers, gather nightly for the festival. With the beating of the tom-toms and the clanking of the iron tomahaks the red men of the reservation make the welkin ring with their hoars, shouting and weird music. This "ko bip" or Sundance will be continued nightly until after the first of the year Albert Moore, a full-blooded Nez Perce, who was in from Lapwal yes terday, stated to an Inter-State News representative that many red men visitors have come from afar to attend these dances. Among the neigh boring tribesmen are representatives of the Sioux Indians from the Pine Ridge agency in South Dakota. Black Hawk Indians from Montana. Shoshones from Fort Hall in South Idaho, Umatlllas from Oregon and Takimas from the state of Washington. HORSE KNEW FIRST OWNER Readily Recognizes Mrs. Barton After Two Years. Mr*. Maude R. Barton yesterday was awarded possession of her favorite riding pony after it had been lost from her for over two years. Posaesalon was secured after a friendly suit against F. E. Risley, an East Main street livery man. Two years ago the horse was stolen from a pasture In the outskirts of the city, and Mrs. Barton saw nothing of the animal until December S, when she noticed the horse on the streets of Lewiston. Putting out her hand as was her custom when she fed her pet pony sweet meats two years ago, the Intelligent beast at once recognised Its former owner, and responding with a whlnney, came readily forward. Since the pony was stolen from a pasture here It has passed through nu merous hands, Sttlllman, a Nesperce stockman securing the horse from War Eagle, the Indian, the former selling to Miller Bros., a livery firm of Nesperce. Frank Knapp of Culdesac then bought the horse and sold It In turn to F. E. Risley of Lewiston. In the suit of Mrs. Barton vs. Risley, the plaintiff secured possession of the horse, the costs In the case being as sessed to Risley, who In turn will seek to recover his loss from Knapp. Ac tion will thus be continued along the list of various owners, and unless a compromise Is reached the costs and accruing costs will fall heavily on who ever first bought the horse after It was stolen. The horse is valued at 2100. HOLIDAY WEEK AT GILBERT Sleighing Parties and Dinner* Feature* of Chrietma*. Special to Inter-State News. Gilbert, Dec. 21.—There Is eight In ches of snow on the ridge. A number of visitors arrived on the ridge to spend Christmas with friends. Parties, dinners and sleighing are the general features of the holidays. Mr. and Mrs. A. S. Smith were the recipients of quite a substantial gift Chief Spotted Horse heads the dele gation of six handsome Sioux from the Pine Ridge Agency, while a son of old j Chief Black Hawk, who led hls tribes- j men in the war against the whites a quarter century ago, is accompanied by 1 two winsome maidens from the rolling hills of the Montana country. , Albert Moore was accompanied to | the city yesterday by his friends No Partner Behind and Three Earth. Three Earth attended school at Carlisle and In the language of the white man is known as Andrew Redduok. At Car lisle he was a member of the football eleven which scored against Harvard in 1894. These ghost dances at Spaulding will continue until after the first of next week. New Years night will be a special occasion with added features for the evening's dance. There is feasting and drinking in the great can vass lodge throughout the day but dur ing the sun dance. High Bear, the chief of ceremonies, putB a strict ban on all liquor drinking. ! ! Christmas morning tat the fihape of a nine-pound son. in honor of the event the father Is wearing a new hat. The Christmas tree held in the M. B. church Monday evening was a perfect success In every detail. Good order ana a good feeling prevailed and an ex cellent program was rendered. The trees were laden with gifts and the church was handsomely decorated for the occasion. •hows Up in Bpekane. Word was received yesterday from Spokane by Henry Payne that John S. Bussey, the missing Lewiston man, had shown up at the home of his daughter, Mrs. Kennedy, but no word was had concerning his whereabouts since he left here Friday before Christ mas. Dr. J. P. Atkinson haa removed MS denial parlors from tha Baa Hfvs block to rooms Ml and Ml ta CÉ4 MsW Idaho Trust building, ether« he haa fitted up a suite of elegant office rooms. IlDfiC mPBtlfC teflUUla IIIUHMJUUp IB IXRt$$tti Northern Pacifie Ce. B se i ireg New Off io*. —Improved Service. The Northern Pacific Express com pany will move tt* office* Into the room In the LewUton National Bank bund ing vacated by the removal of c. A. Hasting* * Co. to the Adam* block. The change wilt be made aa soon aa the new quarter* can be refitted for their use, which will probably be About the second or third of January. At that time C. H. Hardin of Spokane will take charge of the business and O. F. Loeb will resign. Mr. Loeb ha* had charge of the com pany's business here now for four and a half years, and haa conducted ft in a manner wholly satisfactory both to the company and to the people who patronise It. The business haa rapidly increased and atlll la gaining ait tha rate of from 25 to 25 per cent each month over the corresponding month of the preceding year. The gain for the last months of the year la even In excess of this. Rsmarkabl* Novsmbsr IneCsaaa. The Increase for November. 1996 over November, 1904, was 21 per cent: and the Increase of October, 1995, over October, 1904, was 46 per cent, while In December the holiday business win bring it above that figure. Owing to the failure of the fruit crop the last year the summer business of the company did not show an Increase equal to the general run of business for the remainder of the year, but In spite of this the total volume of the business shows a substantial gain. Dslivtry Ssrvie* All Parts City, When the company Is In its new quarters It will extend Its accommo dations for the benefit of the patrons. It will have Its own horse and delivery wagon and will pick up and deliver packages In any part of the city. At the present time the pick-up and de livery 1* made only In the business part of the city and the work Is done by one of the dray companies. Cruthehsr A Lesb to Enlarge. The rapid growth of the business, to gether with the growth of Mr. Loeb's private business, made It Impossible for him to continue in both lines, and several weeks ago he sent In his resig nation to the company. He will con tinue in business at the Blue Front and the firm of Crutcher A Loeb will ex tend their stock In new lines after the first of the year to meet the demands of their growing (rade. They found themselves greatly In need of the room taken up by the express business, and when that is removed they will add to their present stock. a , | LEASEES AWARDED $11 AN ACRE Commissioners Complet* Report in Condemnation Suit. In the suit of F. D. Warner vs. j Beaver & Henderson to condemn lands I for a reservoir site on the Sweetwater Irrigation ditch, the commissioners ap pointed by the dtstri< t court have reached ä decision regarding the ap praisement of the land and will make their report In a few days. The report of the appraisers gives the leasees $11 an acre, while some of the landowners many of whom are Indians, have been awarded as high ! in some instances at $60 an acre. The ! i-'-servolr site Includes over 300 acres. Turkey Shoot New Years. Tabor & Ross, w ho were so success ful with their shoot on Christmas day, have decided to comply with tho re quest to re|»eat the same Sunday and Monday of this coming week. There will be numerous turkeys, chickens and other game for targets. An effort wilt he made to secure live pigeons for the , occasion. Estimate for Wimn »lÉÉ Lewiston. TBs «Nr eendl «B n question a< paving Uw attMla % ran Construction Oo, bttulitlUc pavement, B . . offer to snbmH to tip «MBÄ* plant la Lswtstan. RgsaB Mr~ o$ Dhe dar nig*»* to Betas, wlMra he a Md on paring work to ko A0M> M Mao. . In to preparing to mal» Do LewMMt, W#<iM BatoMMk NmK Hkvkt ■ «U w* «an get s «mAB fBMBff MB» tract here w* will «Net a plat. «AB b* on the ground Mr RUN Nerit Gt cours* w* would Bks a goad euwt— $ before wa expend so tawfe mumtf, MB we have enough d art B d—ei BA tho growth and devetopmant at Dkg Xdrifr 1st on country to erOct a plant hack If we can gat a contract Car avan psvDafc two Mocks." Asked con ce rni ng the ooat of a fftMt tbe company would wish to avast; ha ■ Id: "Wa would wand at tha (Mit «gSgtt* lotion 115,999. and »hriripr Mofa. W would depend upon the B wtM M ilB «MB» on the plant in the atari. Our yhriH ment la mads from tha haaÉtt rorifil and w* spend most of our anff right In tha community wa «vu ■ riWf. do not have to bring m «ridant «rit other materials from th9 fiÉMMDMNB ■# quantity." Mr. Reese was «Shad to mgha an !$• proximate estimât» of the mat to Big property owners of paving g Mask ff their streets. Tan Years ta Ray lar Wok. "Main street." he said. "Is not n trlds street. An approximate estimate would be 1299 per 59-foot frontage. The oori would be at least b e t ween $299 and $ 226 . We are wilting to pat In the plant if the contract la given, and (IN the property owner»ten years In whteh to pay for the worth There will ha no money due the first year. At the end of the first year one-tenth of th# contract price will be payable, end one-tenth each year thereafter. Bo If the paving was awarded, Lewiston could have her streets paved, and tha holders qf each 59-foot front In tho street paved would have to pdy be tween $29 and $21 per year for the work." While In Ijewlston Mr. Reese spent the most of hls time looking over the field, and trying to locate the sentiment regarding a movement to pgve the streets of Lewiston. Sentiment Favor* Faving. "I feel that there Is a sentiment In favor of paving' the street," said he. "The business men I have talked te are of the .»pinion lhat the value of th. lr property will be advanced more than the amount of money spent In the work." Ml. Reese will spend a few daya la Boise, and expects to return here te the near future. Becomes Rsgistsr Jenusry 2. Orangeville. Idaho. Dec. 29. T. H. Bartlett has been notified by the de partment at Washington to be ready to assume charge of the Lewiston lend office on January 2 and will probably leave here in time to assume his new duties on that date. The appointment of hls successor as county attorney will probably he the first work of the board of county commissioners which meets h< re on Monday, January $ » - j , 1 CONSUMPTION SWEEPS THROUGH family. Juliaetta, Idaho. Dec. 29.— Mrs. George Robinson, who died here Tuesday, of consumption, was the mother of 12 children, nine of whom preceded their mother to the grave, each one having succombed to the same dreaded disease. Mrs. Robertson inherited the disease from her parents.