Lane Co Oregon - User contributions [en]

Anderson, Lester Ellis

Admin — Tue, 11 Nov 2008 06:32:00 GMT

Admin:

Lester Ellis (1921-2000) — also known as Les Anderson — of Eugene, Lane County, Ore.; Aspen, Pitkin County, Colo. Born in Portland, Multnomah County, Ore., December 5, 1921. Served in the U.S. Army during World War II; mayor of Eugene, Ore., 1969-77. Member, Rotary. Died, of cancer, in Eugene, Lane County, Ore., October 8, 2000. Cremated; ashes interred at Willamette National Cemetery, Portland, Ore.

[[Category:Eugene residents (1900s)]] [[Category:Eugene Mayors]]

Cone, Edwin E

Admin — Tue, 11 Nov 2008 06:29:28 GMT

Admin:

Cone, Edwin E. — of Eugene, Lane County, Ore. Mayor of Eugene, Ore., (1958-69). Still living as of 1965.

[[Category:Eugene residents (1900s)]] [[Category:Eugene Mayors]]

Cone, Edwin E

Admin — Tue, 11 Nov 2008 06:29:03 GMT

Admin:

Cone, Edwin E. — of Eugene, Lane County, Ore. Mayor of Eugene, Ore., 1965. Still living as of 1965.

[[Category:Eugene residents (1900s)]] [[Category:Eugene Mayors]]

Johnson, V.E.

Admin — Tue, 11 Nov 2008 06:25:27 GMT

Admin:

V.E. Johnson — of Eugene, Lane County, Ore. Mayor of Eugene, Ore., 1953-54. Still living as of 1954.

[[Category:Eugene residents (1900s)]] [[Category:Eugene Mayors]]

McCornack, Andrew

Admin — Tue, 11 Nov 2008 05:48:08 GMT

Admin:

Andrew McCornack. was born [[August 15]], 1817 in the Galloway area of Scotland on a farm named Annabaglish southwest of Kirkcowan. Andrew was the fifth child and the youngest son of Andrew McCornack and Helen McGeough. It is believed that the reason the McCornacks came to America was because of the opportunity for a better economic life free from any Church interference. Andrew became opposed to drinking at an early age. Family records indicate that when he held a sale to dispose of goods before coming to America, he would not allow any liquor at the sale. As result he received a lot less for his property than he would have received if he had allowed the sale of liquor. In June 1838, Andrew McCornack's parents, Andrew and Helen McCornack, along with his brother Alexander and a sister Janet took a sailing vessel for New York. The vessel was named "Siddons" and was operated by Captain Alex Britton. They were on the Atlantic when the coronation of Queen Victoria took place on the 17 Jun 1838. They were still on the sailing ship on the fourth of July. Since the ship was an American ship the captain rigged out the ship with the stars and stripes. It is reported that he told the passengers: "Now you Britishers had your celebration for your Queen, now get out your shot-guns and have one for the country you are going to even if we Yankees did lick you in 1776."

Landing in the Port of New York on the 19 Jul 1838, the arriving McCornack family went to Croton Point, New York where George McQueen and his wife Margaret (Andrew McCornack's oldest daughter) were living. He was described as a joiner on the passenger list. Within a week of arrival he found a job with a joiner at 10 shillings per day. Records indicate that John McCornack, his brother William and sister Margaret McQueen immigrated to America two years earlier in 1836. After arriving, Alexander wrote the following on the 23 Jul 1838 to a uncle and aunt (The William Milligans) who remained in Scotland.

"Dear Uncle and Aunt:

It is with feelings of gratitude that I take my pen to inform you that we are all well at present. Thanks be to God for it and I hope this will find you in the same state. We left Liverpool on the 16th of June at 6 o'clock in the evening and were towed out 20 miles by a steamer and the next morning were a little west to the Isle of Man. They came around the west of Scotland as the wind was more favorable for the north channel than the south.

On the 19th we sailed past the Mull of Kentire, the Island of Isla and other parts in the west highlands so near that we saw sheep and other cattle feeding . On the 20th we passed the North of Ireland. The weather at that time was very cold and wet. We were a little sick for two days and my mother was sick for two weeks but afterward she came to her usual state of health.

We had contrary winds most of the way but the vessel was a fine sailor and passed all that we saw going the same way. We arrived at Statan Isle on the 18th of this month. The surgeon came on board to examine the state of the passengers and the vessel and he found them in health and the vessel clean. Then they hoisted sail and came up to New York and lodged in the City that night and we went back to the ship the next day and got our chests taken out and put them on board the steam packet and came up that night to Crotton Landing. There George McQueen (Andrew McCornack's brother-in-law) met us and put our baggage into a store and we went with him that night and found them all in good health and comfort and the children are asking me a good many questions at this time.

They (George McQueens) had a letter from John and William and they were in good health. They are near a place they call Rochester, State of New York. They have not found a situation for us yet but we intend going farther west if we are spared under Divine Providence and try to get a place to settle in as there is a plenty of land, both to let and sell but trial goes beyond report, but Mother and Jannet will stop here till we find a place, for it would be trouble in vain for them to travel the woods.

{signed - Alexander McCornack}

Andrew mother's Helen and his sister Janet remained with the George McQueens while his father Andrew and the two brothers Andrew and Alexander struck out for Illinois by taking a boat up the Old Erie Canal to Buffalo, New York. There they caught a sailing vessel around the lakes, landing in Chicago in the later part of July in 1838.

In Chicago, the three met an early day settler named Cyrus Larkin who owned a lumber wagon and a team. For $1.25 each they obtained a ride to Elgin, Illinois. Cyrus was very familiar with the Elgin area. At that time there very few streets in Elgin, no bridge across the river and one log store on the bank of the river. This store was kept by Jonathan Kimball. One of the passengers inquired of Kimball, "How far is it to Elgin?" He replied, "Gentlemen, you are right in the midst of the city."

The three after fording the river went out west on what later became Highland Avenue. About six miles west they found an early settler who had a claim of 160 acres with a log house on it for which he asked $125.00. Alexander and Andrew wanted to look around the country some, but the father, weary from the long journey, did not. As he had the money, they closed the bargain, and this claim afterwards became the home of Alexander and his family.

Later in the fall most of the family (including Andrew McCornack) came west. The parents, John, Janet, and Alexander lived in the original log house for some three or four years, until William Fraser (who married Janet) put up an oak frame building for the parents.

Brother William McCornack records more about the movement to Illinois in a letter dated 5 Nov 1838 written to Scotland.

"They wrote to John and I when we were stopping at Rochester on the Erie Canal. Then John went to George McQueens and found them all in good health. Mother and Janet hoisted sail again for Illinois on the 25th September which is a route of 1770 miles - no small journey. On the October 9th they called on me and I joined the family there and found my mother a long way from her native shore but still in good health and good spirits. We came on our journey and took a steam boat at Buffalo for Chicago called Dewit Clinton on the 5th of October. So we set out again and had different kinds of weather. We had some heavy gales on the Lakes. My Mother and Jannet were not sick but tossed a little with the storm. We hired a wagon which took us and our luggage to our new home in two days."

{signed - William McCornack}

The immigration of the McCornack Family to Kane County, Illinois was completed in 1839 when the daughter, Margaret and her husband George McQueen, left Croton Point, New York where they had settled three years earlier and came to Kane County. George and Margaret purchased 230 acres in Plato township, and the immigration was complete.

The McCornacks were very religious people and the Church was an integral part of their lives. In those humble log cabins in Kane County many psalms of praise and fervent prayers of thanksgiving were heard. The "faith of our fathers" was not overlooked in those pioneer homes. Their religion was paramount to them. It was their help and their shield in those days of discouragement and struggle. "God was their refuge and their strength."

In a letter written on the 17 Feb 1841 by Alexander McCornack, Andrew's brother, the following is recorded: "We have not enjoyed the publick ordinances of the Gospel from any one belonging to the Reformed Synod. There is no minister belonging to the body in this place as yet, but we are endeavoring to attend to the duty by holding a fellowship meeting at our house where all different members belonging to the family and a few Christian neighbors gather."

In a 24 Dec 1841 letter the following is recorded: "We have the comfort of informing you that we had a visit from a young minister from the Reformed Pesbytery of Illinois, who preached two Sabbaths, one in George McQueen's house and one in ours (Andrew McCornack's). There were about forty the first day and about seventy the second day hearing him. It was very refreshing to us in our lonely situation to have his company and conversation during a whole week and gospel faithfully preached to us."

The Church was "organized" in 1841 and the church building was started in 1844 or 1845. Land was donated by Alexander McCornack for the site. The timber for the building was hewn in the woods nearby and other lumber was hauled by oxen from Chicago. It was erected under the supervision of William and Daniel Fraser and designed like the one they had attended in Scotland. Even the laths and shingles were hand cut by the zealous members whose very souls and beings were built into this structure which has since become a permanent memorial to their faith, their courage and their convictions. The final touch of Mr. William Fraser's hand was the placing of the sun dial above the door, where it still faithfully marks off the hours.

Part of the site surrounding the Church became the cemetery. The last continuing service was held in the Church on the 9 Sep 1906. In 1916 the Washington Cemetery Association was organized and the Association has met annually since its organization.

Andrew married Marie Eakin on the 27 Nov 1843. She was born on the 7 Jan 1824 in County Derry, Ireland. She was the younger sister of Margaret who married Andrew's brother Alexander. Andrew and Marie had a family of 12 children.

Andrew and Marie moved from Kane County, Illinois to the west coast in 1853. It took them six months to cross the plains. They reached Olympia, Washington with their five sons. They moved to Lane County Oregon in 1858. Andrew was a farmer. He was in the 1st Oregon Regiment during the Civil War. He was in the State Legislature from 1865 till 1867. Andrew was killed while trying to control a runaway team of horses on [[June 6]], 1872 at Huddleston Place near Eugene, Oregon. Marie died on the 30 Jun 1902.

Their children were Walter (July 13, 1845 to March 12, 1903), Edwin (October 7, 1846 to January 11, 1918), William Andrew (September 15, 1848 to February 9, 1918), Eugene (August 7, 1850 to July 28, 1916), Herbert (April 10, 1852 to November 6, 1916), Helen (December 10, 1854 to January 27, 1936), Janet (February 3, 1857 to October 15, 1938), Agnes (May 26, 1859 to August 2, 1944), Mary (April 11, 1861 to November 15, 1936), Robert John Knox (April 4, 1863 to March 16, 1937), Leathe McCornack (July 2, 1866 to October 1, 1944), Frank (January 31, 1868 to April 11, 1929).

[[Category: Eugene residents (1800s)]]

Violence and Accidents

Admin — Tue, 11 Nov 2008 05:17:07 GMT

Admin:

by Karen Seidel

VIOLENCE AND ACCIDENTS

The '''[[May 16]]''', '''[[1891]]''' issue of '''[[Eugene]]’s''' Oregon State Journal reported a single mother’s suicide in Shedd, a young man killed by being struck in the breast by a horse’s hoof while judging a horse race at Seaside, an Albany woman’s painful injury by sticking her scissors into her side when she fell off a fence while cutting flowers, and two Eugene men in a horse-drawn wagon almost killed by trying to beat the Roseburg express train across the railroad tracks near the [[University of Oregon]]. From painful accidents to fatal incidents the local newspapers in the late 1800s covered them, and, as continues to be the case in the late twentieth century, people were interested in reading about them. Data from the U.S. Census Bureau show that violence and accidents were the second leading cause of death (behind consumption) of Oregonians in '''[[1870]]''' and '''[[1890]]'''.

Drownings were the leading cause of these deaths — proportionately much higher than in the
country as a whole. The presence of mighty undammed and unbridged rivers must have been a
factor. Early settlers not only had to ford or ferry across these rivers; they also traveled, worked, and played on them.

The Willamette claimed its share of victims. J. E. Goodman was drowned at Independence in [[1884]] while watering a horse. [[Hurlburt, Charles|Charles Hurlburt]], of the [[Hurlburt Brothers bakery]], restaurant and confectionery in [[Eugene]], drowned in [[1891]] while fishing with friends. The Hubble family met their misfortune in [[1889]], following a berry-picking outing on an island, when their buggy upset while refording the river. Mr. Hubble was eventually rescued, but he lost his wife, Emma, and two children. “This drowning casualty raises the list of victims to seven who have lost their lives in the water of the Willamette in the vicinity of Eugene during the last year,” said the Guard.

The drownings with the most curious aftermath involved Minnie Luckey and Albert Wilson and the
swamping of their sailboat on the [[Siuslaw River]] near [[Florence]] in [[1889]]. Family members in Eugene traveled to Florence as soon as they heard the news, and began dragging the river to recover the bodies. They were unsuccessful until a “Mrs. Wheeler, the clairvoyant,” told them where to look on the river bottom. A few days later Wilson’s body was found as predicted, said the Oregon State Journal. “A day later the body of Minnie Luckey was found, but whether in the place in which it was then said to be lying is not reported.”

As is still the case today, suicides were the second leading cause of violent and accidental deaths of Oregonians in the second half of the 1800s. In both Oregon and the United States, firearms and
poison accounted for half of the suicides in [[1900]]. The one example of a shooting death found in
Eugene newspapers involved Mr. T. J. Smith, who shot himself in the head in May '''[[1890]]'''. When Smith, 38, learned from his physicians that a brain tumor growing just above his neck would soon leave him insane, he told his friends that he would take his own life rather than die a “raving maniac.” He then drew up his will, asked his lawyer to leave the room, and pulled the trigger.

Morphine was the choice of Grant Osburn, age 26. Following a drinking and gambling spree in
Albany, he died from an overdose of the drug in June '''[[1888]]'''. “Grant’s misfortune and death were caused by getting into bad company and acquiring a taste for strong drink before he arrived at maturity,” said the Oregon State Journal. “But for these bad associates he would have been a blessing to society and an honor to his family.”

Two Eugene men died by slashing their throats. Both had had severe mental problems. Charles
McCormac, son of Rev. J. “Holy Joe” McCormac, was a promising young lawyer but became insane and
was committed to the state asylum in Salem. Jerry Luckey, father of Minnie Luckey, had also lost his
first wife and two children in a drowning incident near Crescent City, California in 1864, when the ship on which they were traveling to Oregon sank.

Guns were common household possessions on the frontier, and their careless handling and use contributed to many fatalities. For example, all 17-yearold Frank Hart had to do was fall from his seat on a wagon near the Cheshire post office (west of '''[[Veneta]]'''). Tragically, he fell on the muzzle of a loaded gun, which discharged, shooting him through the stomach.

By 1900, train accidents ranked fourth as a cause of accidental and violent deaths in Oregon. The Oregon and California Railroad, which ran through Eugene, appears to have been a fairly safe mode of transportation for a number of years. But the Oregon State Journal noted in October '''[[1889]]''' that
there had been four “smash-ups” between Eugene and Portland in the preceding three months, and
that “during the last year eleven or twelve men have been killed on the road, while during eleven years previous not a man was killed.”

Leland Mount, 17, of '''[[Cottage Grove]]''', died when he miscalculated a jump onto a moving train in
Saginaw. Leland and his friends had lately been in the habit of jumping on and off moving trains, the newspaper reported. “He had been warned and entreated to stop, but would not heed.”
One of the smash-ups in 1889 was deliberately caused. On '''[[July 28]]''', the southbound passenger train
ran off the tracks at Lebanon junction because of an open switch, killing the engineer. A few days later, an Albany man confessed that he and two others, while drunk, had opened the switch. The three were arrested and charged with murder. “Hanging is entirely too good for such base hoodlum devils or fools,” said the Journal.

For local travel, horses or horse-drawn wagons, buggies, and hacks were the preferred modes of
transport. Runaways were common, and mayhem was often the result. '''[[McCornack, Andrew|Andrew McCornack]]''', an early settler and Oregon legislator, died when a hack he was riding in with his wife, two children and a niece bolted after encountering a calf in a wheelbarrow on a road just outside Eugene. The tongue of the hack broke and ran into the ground, throwing Mr. and Mrs. McCornack violently out. “Mr. McCornack was almost instantly killed and Mrs. McCornack very severely injured,” said the Oregon State Journal. “The horses proceeded some distance and ran against a telegraph pole which threw the girls out, the boy having jumped out when the hack tongue dropped.”

Eugene newspapers ran frequent reports of fires occurring in businesses, homes, barns, and stables.
Eugene’s fire companies used hand-pulled carts, so response time could not have been swift. But most people must have managed to escape from burning buildings, because the local papers contained
few notices of deaths from burns. In one instance, a teenager from the coast mountains, who
with her mother had come to Eugene to '''[[Hop Farming|pick hops]]''', died of severe burns sustained from a fire at Brown’s hop yard. And William Renshaw, age 63, in impaired health and subject to epilepsy, died from burns on Christmas Day 1886. “It is supposed he rose Christmas morning and built his fire as usual,” said the newspaper, “and was taken with one of his spells, falling into the fire.”

A serious, but fortunately non-fatal, scalding accident occurred at Eugene’s brewery in [[1875]], when employee Herman Berg fell from a walkway into a boiling kettle of beer. “His feet are scalded very bad, having a large pair of boots on at the time which filled with the boiling beer, nearly cooking them before they could be taken off,” the Oregon StateJournal reported. “Berg is attended by Dr. Sharples and is pronounced to be in a fair way to recover.”

Homicides were often the result of personal grievances and robbery, according to Eugene’s newspapers. The Oregon State Journal reported in January 1876 that “on Thursday night, December 21st, B. DeLord, a merchant of South Mountain, who is said to have had a great deal of money, and who lived alone in his store, was foully murdered. No one has been arrested up to Christmas Day, and it is feared the murderers, whoever they may have been, have escaped.”

More space was given to the case of Mrs. Isaac Taylor of Cottage Grove, who killed Marion Martin in
December 1889. Mrs. Taylor testified that she was home alone when Martin came to her house and
made indecent proposals. She refused, but he would not be put off. In the ensuing struggle, Mrs. Taylor shot Martin twice with a pistol, once in the head. She then locked the house, went to the office of the justice of the peace, and gave herself up. The coroner and jury went immediately to the Taylor house and found evidence to support her story. The jury’s verdict was self-defense in resisting a criminal assault. The Journal described the sixty-five-year-old Martin as a prominent and generous citizen, but quarrelsome when drinking. “Last spring, while under the influence of liquor, he had a difficulty with his wife about money matters, and during the excitement she committed suicide,” the paper added. “Since then he has been drinking more than ever.”

[[Category:Lane County]]

Violence and Accidents

Admin — Tue, 11 Nov 2008 05:16:36 GMT

Admin:

by Karen Seidel

VIOLENCE AND ACCIDENTS

The '''[[May 16]]''', '''[[1891]]''' issue of '''[[Eugene]]’s''' Oregon State Journal reported a single mother’s suicide in Shedd, a young man killed by being struck in the breast by a horse’s hoof while judging a horse race at Seaside, an Albany woman’s painful injury by sticking her scissors into her side when she fell off a fence while cutting flowers, and two Eugene men in a horse-drawn wagon almost killed by trying to beat the Roseburg express train across the railroad tracks near the [[University of Oregon]]. From painful accidents to fatal incidents the local newspapers in the late 1800s covered them, and, as continues to be the case in the late twentieth century, people were interested in reading about them. Data from the U.S. Census Bureau show that violence and accidents were the second leading cause of death (behind consumption) of Oregonians in '''[[1870]]''' and '''[[1890]]'''.

Drownings were the leading cause of these deaths — proportionately much higher than in the
country as a whole. The presence of mighty undammed and unbridged rivers must have been a
factor. Early settlers not only had to ford or ferry across these rivers; they also traveled, worked, and played on them.

The Willamette claimed its share of victims. J. E. Goodman was drowned at Independence in [[1884]] while watering a horse. [[Hurlburt, Charles|Charles Hurlburt]], of the [[Hurlburt Brothers bakery]], restaurant and confectionery in [[Eugene]], drowned in [[1891]] while fishing with friends. The Hubble family met their misfortune in [[1889]], following a berry-picking outing on an island, when their buggy upset while refording the river. Mr. Hubble was eventually rescued, but he lost his wife, Emma, and two children. “This drowning casualty raises the list of victims to seven who have lost their lives in the water of the Willamette in the vicinity of Eugene during the last year,” said the Guard.

The drownings with the most curious aftermath involved Minnie Luckey and Albert Wilson and the
swamping of their sailboat on the [[Siuslaw River]] near [[Florence]] in [[1889]]. Family members in Eugene traveled to Florence as soon as they heard the news, and began dragging the river to recover the bodies. They were unsuccessful until a “Mrs. Wheeler, the clairvoyant,” told them where to look on the river bottom. A few days later Wilson’s body was found as predicted, said the Oregon State Journal. “A day later the body of Minnie Luckey was found, but whether in the place in which it was then said to be lying is not reported.”

As is still the case today, suicides were the second leading cause of violent and accidental deaths of Oregonians in the second half of the 1800s. In both Oregon and the United States, firearms and
poison accounted for half of the suicides in [[1900]]. The one example of a shooting death found in
Eugene newspapers involved Mr. T. J. Smith, who shot himself in the head in May '''[[1890]]'''. When Smith, 38, learned from his physicians that a brain tumor growing just above his neck would soon leave him insane, he told his friends that he would take his own life rather than die a “raving maniac.” He then drew up his will, asked his lawyer to leave the room, and pulled the trigger.

Morphine was the choice of Grant Osburn, age 26. Following a drinking and gambling spree in
Albany, he died from an overdose of the drug in June '''[[1888]]'''. “Grant’s misfortune and death were caused by getting into bad company and acquiring a taste for strong drink before he arrived at maturity,” said the Oregon State Journal. “But for these bad associates he would have been a blessing to society and an honor to his family.”

Two Eugene men died by slashing their throats. Both had had severe mental problems. Charles
McCormac, son of Rev. J. “Holy Joe” McCormac, was a promising young lawyer but became insane and
was committed to the state asylum in Salem. Jerry Luckey, father of Minnie Luckey, had also lost his
first wife and two children in a drowning incident near Crescent City, California in 1864, when the ship on which they were traveling to Oregon sank.

Guns were common household possessions on the frontier, and their careless handling and use contributed to many fatalities. For example, all 17-yearold Frank Hart had to do was fall from his seat on a wagon near the Cheshire post office (west of '''[[Veneta]]'''). Tragically, he fell on the muzzle of a loaded gun, which discharged, shooting him through the stomach.

By 1900, train accidents ranked fourth as a cause of accidental and violent deaths in Oregon. The Oregon and California Railroad, which ran through Eugene, appears to have been a fairly safe mode of transportation for a number of years. But the Oregon State Journal noted in October '''[[1889]]''' that
there had been four “smash-ups” between Eugene and Portland in the preceding three months, and
that “during the last year eleven or twelve men have been killed on the road, while during eleven years previous not a man was killed.”

Leland Mount, 17, of '''[[Cottage Grove]]''', died when he miscalculated a jump onto a moving train in
Saginaw. Leland and his friends had lately been in the habit of jumping on and off moving trains, the newspaper reported. “He had been warned and entreated to stop, but would not heed.”
One of the smash-ups in 1889 was deliberately caused. On '''[[July 28]]''', the southbound passenger train
ran off the tracks at Lebanon junction because of an open switch, killing the engineer. A few days later, an Albany man confessed that he and two others, while drunk, had opened the switch. The three were arrested and charged with murder. “Hanging is entirely too good for such base hoodlum devils or fools,” said the Journal.

For local travel, horses or horse-drawn wagons, buggies, and hacks were the preferred modes of
transport. Runaways were common, and mayhem was often the result. '''[[McCornack, Andrew|Andrew McCornack]]''', an early settler and Oregon legislator, died when a hack he was riding in with his wife, two children and a niece bolted after encountering a calf in a wheelbarrow on a road just outside Eugene. The tongue of the hack broke and ran into the ground, throwing Mr. and Mrs. McCornack violently out. “Mr. McCornack was almost instantly killed and Mrs. McCornack very severely injured,” said the Oregon State Journal. “The horses proceeded some distance and ran against a telegraph pole which threw the girls out, the boy having jumped out when the hack tongue dropped.”

Eugene newspapers ran frequent reports of fires occurring in businesses, homes, barns, and stables.
Eugene’s fire companies used hand-pulled carts, so response time could not have been swift. But most people must have managed to escape from burning buildings, because the local papers contained
few notices of deaths from burns. In one instance, a teenager from the coast mountains, who
with her mother had come to Eugene to '''[[pick hops]]''', died of severe burns sustained from a fire at Brown’s hop yard. And William Renshaw, age 63, in impaired health and subject to epilepsy, died from burns on Christmas Day 1886. “It is supposed he rose Christmas morning and built his fire as usual,” said the newspaper, “and was taken with one of his spells, falling into the fire.”

A serious, but fortunately non-fatal, scalding accident occurred at Eugene’s brewery in [[1875]], when employee Herman Berg fell from a walkway into a boiling kettle of beer. “His feet are scalded very bad, having a large pair of boots on at the time which filled with the boiling beer, nearly cooking them before they could be taken off,” the Oregon StateJournal reported. “Berg is attended by Dr. Sharples and is pronounced to be in a fair way to recover.”

Homicides were often the result of personal grievances and robbery, according to Eugene’s newspapers. The Oregon State Journal reported in January 1876 that “on Thursday night, December 21st, B. DeLord, a merchant of South Mountain, who is said to have had a great deal of money, and who lived alone in his store, was foully murdered. No one has been arrested up to Christmas Day, and it is feared the murderers, whoever they may have been, have escaped.”

More space was given to the case of Mrs. Isaac Taylor of Cottage Grove, who killed Marion Martin in
December 1889. Mrs. Taylor testified that she was home alone when Martin came to her house and
made indecent proposals. She refused, but he would not be put off. In the ensuing struggle, Mrs. Taylor shot Martin twice with a pistol, once in the head. She then locked the house, went to the office of the justice of the peace, and gave herself up. The coroner and jury went immediately to the Taylor house and found evidence to support her story. The jury’s verdict was self-defense in resisting a criminal assault. The Journal described the sixty-five-year-old Martin as a prominent and generous citizen, but quarrelsome when drinking. “Last spring, while under the influence of liquor, he had a difficulty with his wife about money matters, and during the excitement she committed suicide,” the paper added. “Since then he has been drinking more than ever.”

[[Category:Lane County]]

Patterson, A.W.

Admin — Tue, 11 Nov 2008 05:11:47 GMT

Admin:

=History=

A.W. Patterson was born in Armstrong County, Pennsylvania, '''[[October 4]]''', 1814. Having received his early scholastic training in the village of Freeport in his native county, he afterwards entered the Western University at Pittsburgh, subsequently studied medicine in the office of Dr. J. P. Gazzam, and old and prominent physician of that city; and in 1841 graduated in the Pennsylvania College of Medicine at Philadelphia. Returning westward, he located for a time in the practice of his profession at Greenfield, Indiana.

In '''[[1852]]''' the doctor crossed the plains to Oregon over the Oregon Trail, and coming directly to '''[[Lane County]]''', settled on a donation claim near the present site of '''[[Eugene]]''' City, when, abandoning the practice of his profession for a time, as no emoluments awaited in a new and thinly settled country. So he took up surveying, and in '''[[1854]]''' laid out the town of Eugene. The business of surveyor was engaged in and numerous government contracts in Oregon and Washington Territory were successfully executed.

In the course of his life, Patterson also was an army surgeon, school teacher and superintendent, textbook writer, publisher, state senator, pioneering hop-grower, and chairman of the committee that recommended building the '''[[University of Oregon]]''' in Eugene. In 1854 he was elected to represent Lane county in the territorial legislature. He served in the Indian war of '''[[1855]]''' and '''[[1856]]''', as first lieutenant and afterward as surgeon in the medical department. In 1859 he was married to Miss A. C. Olinger, whose father, Abram Olinger, with his family, in 1843, had crossed the plains with the first wagon train that as yet had reached the Columbia river. In 1861 Dr. Patterson was appointed to the chief clerkship in the surveyor-general's office under Col. W. W. Chapman, which was then located at Eugene City. In '''[[1863]]''' he began practicing medicine in Eugene, and continued doing so for over thirty years. Patients who needed constant attention in the early days were moved to Patterson’s house, where they were cared for by his wife, Amanda, and family. His daughter, Harriette, recalled in later years that patients were kept “under constant surveillance.” She wasn’t sure if the deaths of three of the eight Patterson children were related to this practice.

In 1870 he was elected to the State senate to serve four years; where, in 1872, owing to the very active interest taken, it was mainly due to him that the Oregon State University was located at Eugene City. About this time he entered into a contract with A. L. Bancroft & Co., of San Francisco, to prepare the manuscript for a set of school readers; but,
afterward, being pressed for time to complete the work by a given date, the contract was limited to a speller and the first three readers, and, at his suggestion, Samuel L. Simpson employed to prepare the remaining fourth and fifth readers. The new school law, requiring the selection of a uniform series to be used throughout the state, going into effect was much opposed, still, these Pacific Coast readers and spellers were adopted and used until recently displaced. In 1882, and again in 1884 he was elected to the position of county
superintendent of schools, an office for which he is eminently qualified. Versatility of occupation, which so often settlers on this coast, has also been here displayed. Dr. Patterson is a pioneer '''[[Hop Farming|hop grower]]''' of this county, in the cultivation of which he has engaged for a number of years. He was the first to import new varieties and experimented in their adaptability to the climate, and is at present, probably, the most extensive grower of that vine in the State of Oregon.

In recognition of Patterson’s contributions to education, the city of Eugene in '''[[1901]]''' dedicated the Patterson grade school at '''[[13th Street (Eugene)|13th]]''' and '''[[Alder Street (Eugene)|Alder street]]'''s in his name. It operated for nearly thirty years, with the doctor’s daughter, Ida, serving as principal for a time. The present-day Patterson School on Eugene’s west side is named for her. Patterson also saw to the education of the populace back east, writing a long description of early western Oregon for the Family Journal and Visiter of Pittsburgh, Pennsylvania in 1858. After describing the rivers, mountains, soils, crops, timber, game, grasses, minerals, natives, and agreeable life, he concluded his findings with a prophecy of the times to come. “Oregon bids fair to be a prosperous and populous country,” he wrote. “ It possesses the rudiments of wealth and prosperity; and probably the sun illumines the valleys of no healthier region. In its mountains slumbers untold mineral wealth, and in its fertile soil are the resources of the abundance which may be required to sustain the dense population, which is doubtless destined to seek its shores.”

He died in '''[[1904]]'''.

"Illustrated History of Lane County, Oregon." Portland, Oregon: A. G. Walling, publisher, 1884. pg. 481.

==Related Articles==

[[:Category:Eugene_The_Guard_(1867)#July_13.2C_page_1|Eugene's The Guard (1867), July 13]]

[[Category:Eugene residents (1800s)]] [[Category:Pioneer]]

Jess Seavey House

Admin — Tue, 11 Nov 2008 05:08:08 GMT

Admin:

{{Lane_County_Buildings|
|image=
|image_description=
|building_name=Jess Seavey House
|style=Craftsman style
|construction=1900
|destruction=
|architect=
|owner=[[Seavey, Jess A.|Jess A. Seavey]]
|initial_use=Residential
|square_footage=
|height=
|city=[[Springfield]]
|area=[[Washburne]]
|address=448 [[D Street (Springfield)|D Street]]
|zip_code=[[:Category:97477|97477]]
|importance=Historical Preservation

}}

==History==
This large Craftsman style house was owned by '''[[Seavey, Jess A.|J.A. Seavey]]''' for over 20 years. The Seavey brothers were prominent '''[[Hop Farming|hop farmers]]''' from the '''[[:Category:1880s|1880s]]''' through '''[[1937]]'''.

[[Category:Springfield]]
[[Category:Washburne]]
[[Category:D Street (Springfield)]]
[[Category:Springfield residential]]
[[Category:97477]]

Seavey, Jess A.

Admin — Tue, 11 Nov 2008 05:06:54 GMT

Admin:

J.A. Seavey was one of the Seavey brothers who were prominent '''[[Hop Farming|hop farmers]]''' from the '''[[:Category:1880s|1880s]]''' through '''[[1937]]'''. He owned the '''[[Jess Seavey House]]''' for over 20 years.

[[Category:Springfield residents (1800s)]] [[Category:Springfield residents (1900s)]] [[Category:Agriculture]]

Hop Farming

Admin — Tue, 11 Nov 2008 05:04:14 GMT

Admin:

E: Do you remember the hops yard and did you ever work in them?

'''[[Fogle, Crystal Bryan|Crystal Fogle]]''': Yes I do - and we mentioned the streetcar a few minutes ago - between '''[[Eugene]]''' and '''[[Springfield]]''' there were hop fields. There were also hop drying buildings - and the street car was up on trestles - and we'd come quite close to the building where they would dry the hops as we went to Eugene. I mentioned that I went picking hops once and I did quite well the first day and then the second day I got lazy and didn't pick as much and when my parents came over to help me when I was sitting down and my father told me if I were going to do something to work at it, to not stop, so I didn't get to go back the third day. But in years later I kept books for one or two summers in the hop fields. The hops were grown and trained on wires and people would pick the hops and they would have a certain container fastened to their bodies and they would strip the hops off of the vines trying to get as few leaves as they could. Then they would empty these containers into large sacks, tie up the sacks. Then weighers would come along with a tripod and scales and they would hang the sacks up on these scales and weigh them and they were paid one cent a pound. Then in later years, if a hop picker stayed the whole season, they would be paid a bonus. Some people would camp at the hop fields and some people would drive each day.

E: What was it like to camp in the hop fields?

Crystal Fogle: Oh, it was dirty and people would camp in tents and do their own cooking but that was a way for families to make money during the summertime.

E: Did they have social life around them?

Crystal Fogle: Oh yes, they'd sing and occasionally they would have some sort of dance or something to wind up the season but I didn't take part in that because we didn't camp out. Mother went one or two years to pick, too. A person could earn a little bit extra.

E: How much did they get paid?

Crystal Fogle: Just a cent a pound. The hops of course were to make beer and near beer.

E: How long would it take to pick a pound?

Crystal Fogle: Some people could earn four to six dollars a day but I never was a very good picker and I would work too slowly and be too particular to keep the leaves out. Quite often the fastest pickers were the dirtiest pickers.

E: Where were the fields and how big were they and who owned them?

Crystal Fogle: North of '''[[Springfield]]''' across the '''[[McKenzie River]]''' was the Seavey hop yards. And west of Springfield on the way to Eugene - the name escapes me now - but there was a hop field not far from the street car trestle. And then south of Springfield there was another Seavey hop yard.

E: The Seavey's were good friends of your family?

Crystal Fogle: Yes, '''[[Seavey, Jess A.|Jess]]''' and Molly Seavey. And then there was John Seavey who had a hop field south of Springfield, not too far from '''[[Goshen]]'''.

E: And did the people who owned the fields, like the Seaveys, did they produce the beer or what happened?

Crystal Fogle: No, they would have the hops dried and the hops would be sold to the distillers and that used to be quite an industry like up around Salem and Independence. They're hop yards, too. But we don't see many more.

E: Was beer being made in Springfield from the hops?

Crystal: Not that I know of. The name that comes to mind was Weinhard beer. So they could be the ones who processed the beer.

E: And when you picked the hops, how was it transported to the drying places?

Crystal: They would have a flat truck with horses and these sacks would be piled on these flat trucks and taken to the hop drier.

E: And how did the hop drier work?

Crystal: I'm sure they must have used wood heat. They would spread out the hops and the heat would dry them.

E: Were there any fires that you remember?

Crystal: I suppose there were but none come to mind. These buildings were usually two story buildings. I don't remember ever being in one but I suppose they would dry hops the way they dry walnuts and prunes and other agriculture products in this area.

E: How close was the hops field near your house that you went to?

Crystal: I judge five or six miles would be the Seavey hop yard and the other one would be two and a half miles.

E: So when you went by yourself, how would you get there?

Crystal: It seems to me that someone took me in a car. My parents were quite particular when I was little. They didn't like to turn me loose. So it must have been someone my parents knew.

==Related Articles==

[[Beer]]

[[Saloons]]

[[Wet versus Dry]]

[[Category:Agriculture]]

Hop Farming

Admin — Tue, 11 Nov 2008 05:02:08 GMT

Admin:

E: Do you remember the hops yard and did you ever work in them?

[[Fogle, Crystal Bryan|Crystal Fogle]]: Yes I do - and we mentioned the streetcar a few minutes ago - between [[Eugene]] and [[Springfield]] there were hop fields. There were also hop drying buildings - and the street car was up on trestles - and we'd come quite close to the building where they would dry the hops as we went to Eugene. I mentioned that I went picking hops once and I did quite well the first day and then the second day I got lazy and didn't pick as much and when my parents came over to help me when I was sitting down and my father told me if I were going to do something to work at it, to not stop, so I didn't get to go back the third day. But in years later I kept books for one or two summers in the hop fields. The hops were grown and trained on wires and people would pick the hops and they would have a certain container fastened to their bodies and they would strip the hops off of the vines trying to get as few leaves as they could. Then they would empty these containers into large sacks, tie up the sacks. Then weighers would come along with a tripod and scales and they would hang the sacks up on these scales and weigh them and they were paid one cent a pound. Then in later years, if a hop picker stayed the whole season, they would be paid a bonus. Some people would camp at the hop fields and some people would drive each day.

E: What was it like to camp in the hop fields?

Crystal Fogle: Oh, it was dirty and people would camp in tents and do their own cooking but that was a way for families to make money during the summertime.

E: Did they have social life around them?

Crystal Fogle: Oh yes, they'd sing and occasionally they would have some sort of dance or something to wind up the season but I didn't take part in that because we didn't camp out. Mother went one or two years to pick, too. A person could earn a little bit extra.

E: How much did they get paid?

Crystal Fogle: Just a cent a pound. The hops of course were to make beer and near beer.

E: How long would it take to pick a pound?

Crystal Fogle: Some people could earn four to six dollars a day but I never was a very good picker and I would work too slowly and be too particular to keep the leaves out. Quite often the fastest pickers were the dirtiest pickers.

E: Where were the fields and how big were they and who owned them?

Crystal Fogle: North of [[Springfield]] across the [[McKenzie River]] was the Seavey hop yards. And west of Springfield on the way to Eugene - the name escapes me now - but there was a hop field not far from the street car trestle. And then south of Springfield there was another Seavey hop yard.

E: The Seavey's were good friends of your family?

Crystal Fogle: Yes, Jess and Molly Seavey. And then there was John Seavey who had a hop field south of Springfield, not too far from [[Goshen]].

E: And did the people who owned the fields, like the Seaveys, did they produce the beer or what happened?

Crystal Fogle: No, they would have the hops dried and the hops would be sold to the distillers and that used to be quite an industry like up around Salem and Independence. They're hop yards, too. But we don't see many more.

E: Was beer being made in Springfield from the hops?

Crystal: Not that I know of. The name that comes to mind was Weinhard beer. So they could be the ones who processed the beer.

E: And when you picked the hops, how was it transported to the drying places?

Crystal: They would have a flat truck with horses and these sacks would be piled on these flat trucks and taken to the hop drier.

E: And how did the hop drier work?

Crystal: I'm sure they must have used wood heat. They would spread out the hops and the heat would dry them.

E: Were there any fires that you remember?

Crystal: I suppose there were but none come to mind. These buildings were usually two story buildings. I don't remember ever being in one but I suppose they would dry hops the way they dry walnuts and prunes and other agriculture products in this area.

E: How close was the hops field near your house that you went to?

Crystal: I judge five or six miles would be the Seavey hop yard and the other one would be two and a half miles.

E: So when you went by yourself, how would you get there?

Crystal: It seems to me that someone took me in a car. My parents were quite particular when I was little. They didn't like to turn me loose. So it must have been someone my parents knew.

==Related Articles==

[[Beer]]

[[Saloons]]

[[Wet versus Dry]]

[[Category:Agriculture]]

Hop Farming

Admin — Tue, 11 Nov 2008 05:01:31 GMT

Admin:

E: Do you remember the hops yard and did you ever work in them?

[[Fogle, Crystal|Crystal Fogle]]: Yes I do - and we mentioned the streetcar a few minutes ago - between [[Eugene]] and [[Springfield]] there were hop fields. There were also hop drying buildings - and the street car was up on trestles - and we'd come quite close to the building where they would dry the hops as we went to Eugene. I mentioned that I went picking hops once and I did quite well the first day and then the second day I got lazy and didn't pick as much and when my parents came over to help me when I was sitting down and my father told me if I were going to do something to work at it, to not stop, so I didn't get to go back the third day. But in years later I kept books for one or two summers in the hop fields. The hops were grown and trained on wires and people would pick the hops and they would have a certain container fastened to their bodies and they would strip the hops off of the vines trying to get as few leaves as they could. Then they would empty these containers into large sacks, tie up the sacks. Then weighers would come along with a tripod and scales and they would hang the sacks up on these scales and weigh them and they were paid one cent a pound. Then in later years, if a hop picker stayed the whole season, they would be paid a bonus. Some people would camp at the hop fields and some people would drive each day.

E: What was it like to camp in the hop fields?

Crystal Fogle: Oh, it was dirty and people would camp in tents and do their own cooking but that was a way for families to make money during the summertime.

E: Did they have social life around them?

Crystal Fogle: Oh yes, they'd sing and occasionally they would have some sort of dance or something to wind up the season but I didn't take part in that because we didn't camp out. Mother went one or two years to pick, too. A person could earn a little bit extra.

E: How much did they get paid?

Crystal Fogle: Just a cent a pound. The hops of course were to make beer and near beer.

E: How long would it take to pick a pound?

Crystal Fogle: Some people could earn four to six dollars a day but I never was a very good picker and I would work too slowly and be too particular to keep the leaves out. Quite often the fastest pickers were the dirtiest pickers.

E: Where were the fields and how big were they and who owned them?

Crystal Fogle: North of [[Springfield]] across the [[McKenzie River]] was the Seavey hop yards. And west of Springfield on the way to Eugene - the name escapes me now - but there was a hop field not far from the street car trestle. And then south of Springfield there was another Seavey hop yard.

E: The Seavey's were good friends of your family?

Crystal Fogle: Yes, Jess and Molly Seavey. And then there was John Seavey who had a hop field south of Springfield, not too far from [[Goshen]].

E: And did the people who owned the fields, like the Seaveys, did they produce the beer or what happened?

Crystal Fogle: No, they would have the hops dried and the hops would be sold to the distillers and that used to be quite an industry like up around Salem and Independence. They're hop yards, too. But we don't see many more.

E: Was beer being made in Springfield from the hops?

Crystal: Not that I know of. The name that comes to mind was Weinhard beer. So they could be the ones who processed the beer.

E: And when you picked the hops, how was it transported to the drying places?

Crystal: They would have a flat truck with horses and these sacks would be piled on these flat trucks and taken to the hop drier.

E: And how did the hop drier work?

Crystal: I'm sure they must have used wood heat. They would spread out the hops and the heat would dry them.

E: Were there any fires that you remember?

Crystal: I suppose there were but none come to mind. These buildings were usually two story buildings. I don't remember ever being in one but I suppose they would dry hops the way they dry walnuts and prunes and other agriculture products in this area.

E: How close was the hops field near your house that you went to?

Crystal: I judge five or six miles would be the Seavey hop yard and the other one would be two and a half miles.

E: So when you went by yourself, how would you get there?

Crystal: It seems to me that someone took me in a car. My parents were quite particular when I was little. They didn't like to turn me loose. So it must have been someone my parents knew.

==Related Articles==

[[Beer]]

[[Saloons]]

[[Wet versus Dry]]

[[Category:Agriculture]]

Hop Farming

Admin — Tue, 11 Nov 2008 05:01:00 GMT

Admin:

E: Do you remember the hops yard and did you ever work in them?

[[Fogle, Crystal|Crystal Fogle]]: Yes I do - and we mentioned the streetcar a few minutes ago - between [[Eugene]] and [[Springfield]] there were hop fields. There were also hop drying buildings - and the street car was up on trestles - and we'd come quite close to the building where they would dry the hops as we went to Eugene. I mentioned that I went picking hops once and I did quite well the first day and then the second day I got lazy and didn't pick as much and when my parents came over to help me when I was sitting down and my father told me if I were going to do something to work at it, to not stop, so I didn't get to go back the third day. But in years later I kept books for one or two summers in the hop fields. The hops were grown and trained on wires and people would pick the hops and they would have a certain container fastened to their bodies and they would strip the hops off of the vines trying to get as few leaves as they could. Then they would empty these containers into large sacks, tie up the sacks. Then weighers would come along with a tripod and scales and they would hang the sacks up on these scales and weigh them and they were paid one cent a pound. Then in later years, if a hop picker stayed the whole season, they would be paid a bonus. Some people would camp at the hop fields and some people would drive each day.

E: What was it like to camp in the hop fields?

Crystal Fogle: Oh, it was dirty and people would camp in tents and do their own cooking but that was a way for families to make money during the summertime.

E: Did they have social life around them?

Crystal Fogle: Oh yes, they'd sing and occasionally they would have some sort of dance or something to wind up the season but I didn't take part in that because we didn't camp out. Mother went one or two years to pick, too. A person could earn a little bit extra.

E: How much did they get paid?

Crystal Fogle: Just a cent a pound. The hops of course were to make beer and near beer.

E: How long would it take to pick a pound?

Crystal Fogle: Some people could earn four to six dollars a day but I never was a very good picker and I would work too slowly and be too particular to keep the leaves out. Quite often the fastest pickers were the dirtiest pickers.

E: Where were the fields and how big were they and who owned them?

Crystal Fogle: North of [[Springfield]] across the [[McKenzie River]] was the Seavey hop yards. And west of Springfield on the way to Eugene - the name escapes me now - but there was a hop field not far from the street car trestle. And then south of Springfield there was another Seavey hop yard.

E: The Seavey's were good friends of your family?

Crystal Fogle: Yes, Jess and Molly Seavey. And then there was John Seavey who had a hop field south of Springfield, not too far from [[Goshen]].

E: And did the people who owned the fields, like the Seaveys, did they produce the beer or what happened?

Crystal Fogle: No, they would have the hops dried and the hops would be sold to the distillers and that used to be quite an industry like up around Salem and Independence. They're hop yards, too. But we don't see many more.

E: Was beer being made in Springfield from the hops?

Crystal: Not that I know of. The name that comes to mind was Weinhard beer. So they could be the ones who processed the beer.

E: And when you picked the hops, how was it transported to the drying places?

Crystal: They would have a flat truck with horses and these sacks would be piled on these flat trucks and taken to the hop drier.

E: And how did the hop drier work?

Crystal: I'm sure they must have used wood heat. They would spread out the hops and the heat would dry them.

E: Were there any fires that you remember?

Crystal: I suppose there were but none come to mind. These buildings were usually two story buildings. I don't remember ever being in one but I suppose they would dry hops the way they dry walnuts and prunes and other agriculture products in this area.

E: How close was the hops field near your house that you went to?

Crystal: I judge five or six miles would be the Seavey hop yard and th other one would be two and a half miles.

E: So when you went by yourself, how would you get there?

Crystal: It seems to me that someone took me in a car. My parents were quite particular when I was little. They didn't like to turn me loose. So it must have been someone my parents knew.

==Related Articles==

[[Beer]]

[[Saloons]]

[[Wet versus Dry]]

[[Category:Agriculture]]

Category:Art and Architecture (Lane County)

Admin — Tue, 11 Nov 2008 04:33:40 GMT

Admin:

[[Category:Lane County]]

Category:Statues (Lane County)

Admin — Tue, 11 Nov 2008 04:33:03 GMT

Admin:

[[Category:Art and Architecture (Lane County)]]

Pioneer Statue (University of Oregon)

Admin — Tue, 11 Nov 2008 04:31:37 GMT

Admin:

Mr. President, Ladies and Gentlemen:

More than two years have passed since I wrote Judge Robert S. Bean, President of the Board of Regents, of my desire to erect a memorial to the Oregon pioneers and to have it placed on the grounds of the University of Oregon. The letter I then wrote expresses my sentiments and thought so accurately that I can do no better than read it to you today. It is as follows:

"It has long been my earnest desire to express my admiration and respect for the Oregon pioneer. Having given the subject much serious thought, I am now addressing you for the purpose of laying before you and the Board of Regents of the University the plan I have formulated, and to obtain your consent and approval for the carrying out of my idea.

The pioneer represents all that is noblest and best in our history. The men and women who saved the west for this country were animated by the highest motives. They made untold sacrifices and endured hardships of every kind in order that their children might enjoy the fruits of their labor. Their courage, foresight, endurance and industry should ever be an inspiration to the youth of the country.

I therefore propose to erect a memorial, which it seems to me should stand on the campus of our great institution of learning, the University of Oregon, where for years to come the rising generation of Oregon will have before them a reminder of those to whom they owe every opportunity they enjoy.

Accordingly I have commissioned Mr. A. Phimister Proctor, the distinguished American sculptor, to model a statue typifying the real pioneer of the West. It is my sincere desire and hope that, as the genius of Saint Gaudens has typified in imperishable bronze The Puritan, the genius of Proctor will in like degree typify The Pioneer. Should my plan meet with the approval of yourself and the Board of Regents of the University, I would request that at the proper time and in, concurrence with Mr. Proctor, a place be designated on the University grounds upon which the monument may be erected."

This day evidences the fulfillment of this desire, and we have gathered together in honor of those to perpetuate whose memory this statue was designed. While it is a matter of greater satisfaction to me than I can express to have the opportunity of testifying in this way to my affection for the pioneers of Oregon, it is the genius of the artist which makes it possible to express in enduring bronze not only the sentiment, but the man. I wish to express not only my sincere admiration for Mr. Proctor's genius, but the thankfulness I feel for his unselfish devotion to the task and for the zeal and spirit which from the inception of the idea to this dedication have animated his work. The sculptor, not only an artist of rare genius, but a man of nature, of the mountains and plains, knowing at first hand the pioneer and his life, his real worth and what he endured and sought, has created a type true to life--the real pioneer as we have known him.

This statue is erected and dedicated to the memory of all Oregon pioneers. It is in no sense personal or individual and it is my earnest wish and, hope that this fact may ever be kept in mind.

The reasons for selecting the University of Oregon as the home of this memorial are many. It is sufficient to say that here the Willamette and Mackenzie Rivers join their waters into one grand channel and create this beautiful valley, the paradise to which the pioneer struggled over great mountains and across desert plains, to which he first came in numbers, and in which he first made his home. Here, too, the state which he created has founded its great institution to train its young men and women. No more fitting place than the campus of the University of Oregon could be found for the memorial. Here amid these beautiful surroundings, in this institution of learning, acting as an inspiration to Oregon's young manhood and womanhood, this pioneer in bronze will find a hospitable home in the land he loved so well. I am happy in the thought that I have had the opportunity thus to show my love and admiration for those whose life was largely spent in a work whose greatness and value will be better understood when viewed down the perspective of time. The greatest honor I have is in honoring them. Joaquin Miller thus painted the pioneers:

"I only know that when that land
Lay thick with peril, and lay far
It seemed as some sea-fallen star,
The weak men never reached a hand
Or sought us out that primal day.
And cowards did not come that way."

Mr. President, my share in this very satisfactory enterprise is ended: with this memorial, there goes every good wish for this University, coupled with the sincere hope that those who seek guidence and aid within its classic walls will never lose sight of what they owe the pioneer.

QUALITIES OF THE OREGON PIONEERS
Aw ADDRESS

AT TIHE UNVEILING OF TIHE STATUE "THE PIONEER" ON THE CAMPUS OF THE UNIVERSITY OF OREGON, AT EUGENE, OREGON, MAY 22, 1919, BY FREDERICK V. HOLMAN, PRESIDENT OF THE OREGON HISTORICAL SOCIETY, AND FORMER PRESIDENT OF THE OREGON PIONEER ASSOCIATION AND OF THE SONS AND DAUGHTERS OF OREGON PIONEERS.

Mr. President, Mr. Proctor, Mr. Teal, the Faculty and Students of the 'University of Oregon, Ladies and Gentlemen:

I am not on the programme for an address, and I was not aware that I should make any remarks until my arrival in Eugene at noon today. But since I have been asked to do so, I cannot refrain from saying a few things which I have in my mind, for I am a native son of Oregon, and I have been for many years President of the Oregon Historical Society, and I am familiar with the early history of Oregon, its settlement, its upbuildlng, and its making, and the kind of people the Oregon pioneers were and are.

Ever since its organization the Oregon Historical Society has been engaged in determining the facts and the truths of history, particularly relating to the history of Oregon. It examines traditions and folklore. It endeavors, as it were, to separate the grain from the chaff. It studies the motives, the ideals, and the acts of people in regard to the settlement and upbuilding of Oregon. It seeks to know the truth. Mr. Proctor in this statue, typical of the Oregon pioneers, has portrayed truth in a way which should give to him the thanks of every student and lover of early Oregon history. This statue is a gift to the State of Oregon by a son and grandson of true and worthy Oregon pioneers. Great credit is due to Mr. Teal for his patriotic and unselfish generosity in making this gift.

The Anglo-Saxon race is a branch of the Tentonic race. It was and is a liberty-loving race. It believes in the protection of life and of liberty and in the rights of property and the pursuit of happiness. This race has large powers of assimilation, and its great ideas of liberty and of the rights of mankind caused other races to become a part of it, so it became a people as well as a race. In early historic times it made its power felt and for centuries contended for the rights of the people in England, where it had made its home, and finally succeeded in making England a free country, as evidenced by the Revolution and Settlement of 1688 and the policy of the English people ever since. Its instincts and traditions caused some of its people to come to North: America to begin and to continue its settlement and civilization. The first of these people came about three centuries ago. Many of them came thereafter from time to time. They landed on the Atlantic Coast and pushed on westward. They soon adapted themselves to conditions and learned self-reliance and how to overcome the difficulties of establishing themselves in a new country, theretofore peopled only by Indians. They continued to push on westward and occupied what are now the states of Kentucky, Tennessee, Ohio, Indiana, Illinois, Iowa, Missouri and other western lands, now the Central States of this country. Their courage, their powers, their self-reliance and their ideals increased as they moved westward. They fought Indians; they cut down forests; they reclaimed wild lands; they established homes, schools and churches. It is of this people that most of the early Oregon pioneers are a part.

The instincts and traditions of the Anglo-Saxon, race have ever been to move westward. The star it had followed, which showed the westward course of empire, at last stood and shone over Oregon. Here was a wild land to be made useful and become a part of the, civilized world. It was about two thousand miles west of the forefront of civilization in the United States at that time. Between that forefront and Oregon there are great plains, rugged mountains and large rivers to be crossed, a road to be established for them and for others, coming after them, to travel successfully to Oregon--"the land where dreams come true." There were great numbers of savage Indians to be encountered and forced to respect the rights and property of these immigrants.

The lure of Oregon had appealed to many who had settled in the western states and territories. In May, 1843, without preconcert, but moved, by a common impulse, nearly nine hundred men, women, and children met at Independence, Missouri, ready and anxious to start on the long trip to Oregon. Some were poorly equipped for so long, arduous, and perilous an expedition, for they had few precedents. But they were resourceful and filled with an abiding faith in their ability to succeed.

They were courageous folk filled and moved by great ideals, not that they knew they had ideals, and they probably would have resented any intimation that they had them. But nevertheless they had these ideals and were influenced by them. These pioneer immigrants moved slowly westward, driving the oxen which pulled their wagons until they arrived at Fort Hall, about seven hundred miles east of here. There they were told that it was impossible to take their wagons to the Columbia River. But they were not frightened by this information. The men determined to go on as far as they could, for they were self-reliant, and their wives and daughters had every confidence in these resolute men. Loving arms went around stalward necks, with cheering words and saying: "Where you go we will go with you and, help in every way."

It was a momentous occasion. They could have abandoned their intentions to go to the Willamette Valley, and by forced marches, probably, have arrived at their starting point in Missouri before traveling by wagons became impossible the ensuing winter. If they failed to reach the Columbia River probably almost all of the party would have died of starvation or from exposure. There was little game west of Fort Hall. They cut themselves off from all sources of supply. If they failed it would probably have been many years before there was another overland expedition of immigrants to Oregon. It was practically impossible to send large numbers of immigrants by sea. The government of the United States did nothing to encourage or to assist the early settlement of Oregon. The peaceful settlement of the Oregon Question, especially by the occupation of Oregon by American citizens, would probably have been impossible. It was a daring determination.

If they had failed! These immigrants of 1843 were intrepid, determined, resourceful, and self-reliant. They were not accustomed to fail in any enterprise they undertook to accomplish.

And so, taking in their own hands the lives of themselves and of their wives and children and their fortunes, they accepted the chances, relying on themselves and their ability to succeed. It was a heroic resolution fully carried out. They surmounted every difficulty. They made roads and crossed great rivers and went over seemingly impassable mountains until they came to The Dalles on the Columbia River, beyond which travel with wagons was impossible at that time. They came down the Columbia River, rescued and succored and assisted to establish themselves in the land they had seen in dreams, the beautiful Willamette Valley, then a fertile wilderness, by that princely great humanitarian, Dr. John McLoughlin, the Father of Oregon. Thus the immigrants of '43 made and showed the way to Oregon for others to follow. This first home-building immigration was followed by successful immigrations, of the same quality of people, in the succeeding years. The coming of these immigrants was the cause of the peaceful settlement of the Oregon Question, which for many years had threatened to embroil the United States and Great Britain in a long and bloody war. The British government feared that the whole Oregon country would be peopled by immigrants from the United States.

And these are the pioneers of Oregon to whom be everlasting praise and glory. The coming to Oregon of its pioneers is one of the most daring movements and one of the most interesting and romantic stories of the settlement and upbuilding of any part of the United States. These pioneers and their qualities, characteristics and ideals Mr. Proctor has exemplified and. shown in this statue.

I have not time to go into details or to show how these pioneers upbnilded and made this beautiful Oregon of today, of which we are so proud.

Many of these pioneers have gone to the Great Beyond and those now living will soon follow to honored graves. It is, for their descendants to take up the work which these pioneers left unfinished. What they did can never be forgotten.

But the Oregon pioneers did not comprise all of the people of Anglo-Saxon ancestry and heredity in the United States nor all who were influenced by its traditions and instincts. They exert the great controlling influence in the civilization and life of this country. It was their influence which caused the Declaration of Independence to be made and the war of the American Revolution to be fought. They carry on AngloSaxon ideas of the rights of life, liberty, property and the right of the pursuit of happiness. All these have been put to the test in the great world war beginning in 1914. The United States is a peaceful nation. But its people are not pacifists. There was, at first, great horror on account of German atrocities. This nation was greatly stirred by the sinking of the Lusitania. But that was a British ship and its sinking was not an attack upon the United States, dastardly as was the crime of its destruction and the murder of its passengers. While it was an offense against humanity and against civilization, it was not a cause of war for the United States.

But there came a time when the rights and liberties of this country and of the whole world and their peoples became involved; when as a nation, guided, by Anglo-Saxon heredity, instincts and traditions, it was not only proper but necessary that this country should be a participant in the war; that this country should, make war so there be world peace; and that the liberty of the whole world should be made safe. And then we did, not hesitate to do our duty. The nation was united in its determination that the war should end against Germany, and our people pledged their all that success might be attained. The young men gave themselves to fight its battles. The older men contributed their moneys. The Government Liberty loans and Victory loans were subscribed and oversubscribed in many parts of the country by people of all classes, by men and women, and even by children. The young women gave their services as nurses. And all over the country women, old as well as young, willingly and earnestly engaged in Red Cross work and other desirable and necessary war work and activities for the support, comfort, and health of the soldiers and sailors of America and for the successful conduct of the war. The Anglo-Saxons were true to their traditions. This universal response is the glory of our nation.

When an American general, at the tomb of LaFayette, stood at attention and saluted, the place where the body of America's great friend is buried, he said: "LaFayette! we are here." It was an acknowledgment that America would pay a debt of honor which it owed to France. But that was only a part of the object of our entering into the war. There was the world's liberty at stake. The assassins of free government were to be conquered and to be subdued. And nobly did our boys do their part.

The armies of France for nearly four years had fought nobly, bravely, gloriously. But France was almost bled white. They had sworn to die in the last ditch and they were perilously near the eastern bank of that ditch. Although they were fighting desperately they were being slowly forced back and were nearly overwhelmed. Their cry was: "When will the Americans come?" And the Americans came and nobly did they act. They may have lacked somewhat in military discipline, somewhat in esprit de corps, but they pressed on and fought with a dash and an intrepidity which surprised the Germans. They were not to be denied. Had they been commanded and led by God's Archangels of Vengeance and of Victory; had they been inspired by the specter of Joan of Arc, clad in armor, with flashing sword in hand, mounted on a spectral grand war horse, urging our boys on to victory, they could not have fought more bravely or more effectively. But they did not need to be so commanded or led or inspired. They were actuated and impelled by centuries, nay more, by thousands of years of Anglo-Saxon heredity, instinct, tradition, and courage. And they had it in their hearts.

When the Americans took part in the war it was the beginning of the end of the war. At Contigny, at St. Mihiel, at Soisson, at Chateau Thierry, at Belleau Wood, at Argonne forest, and elsewhere they showed their quality and their desire and intention and ability to succeed.

The liberty-loving branch of the Teutonic race overcame the liberty-destroying and autocratic branch of that race. The Hun met his master and was vanquished. The world was made safe for democracy.

And Oregon boys were there, and nobly did they do their part. Many of them are worthy descendants of noble Oregon pioneers. They were true to the genius and traditions of their race. "Oh, when will their glory fade!" Never, while the history of this war is known. As the Oregon pioneers showed their peaceful qualities in coming to Oregon and in its settlement, its upbuilding, and its making, so their descendants showed their virtue, and their fighting and heroic qualities in this war. Their actions show that the race has not degenerated.

Mr. Proctor, with his genius, has perpetuated all these qualities in this statue, and they will be recorded forever in history.

The Anglo-Saxon qualities and ideals, its traditions and instincts, its love and support of the rights of life, of liberty, and of the rights of mankind will survive even the downfall of this republic and will endure as long as the human race.

The human race from its beginning has always been interested in monuments and statues as work of art, especially when they typify great events and manly qualities. The adoration of statues as deities is forbidden. But it is impossible to forbid the veneration of that which moves or touches the human heart. Could even divine power prevent the veneration of the graves of our ancestors, our relatives, our friends, and those of the world's great men and women?

This statue symbolizes and immortalizes in a remarkable way the Oregon pioneer and his qualities--his courage, his determination, his instincts and his high ideals and those of the race or of the people of which the Oregon pioneer is a fine specimen and example. Let everyone, and especially the young men and young women who are now and who will be students of this university, observe and study well this statue, and thus learn and appreciate what the Oregon pioneers-the founders of Oregon--were and are. Let them strive to emulate the qualities and virtues of the Oregon pioneers and to respect and to venerate what they hoped, what they dared, what they wrought, and what they accomplished.

[Unveiling of "The Pioneer" & Qualities of the Pioneer in the Quarterly of the Oregon Historical Society, Vol. XX, No.3, 1919. Address by Joseph N. Teal on [[May 22]], [[1919]] ]

[[Category:University of Oregon]] [[Category:Pioneer]] [[Category:Statues (Lane County)]]

Williams, Velina Stearns

Admin — Thu, 06 Nov 2008 19:55:23 GMT

Admin:

Velina A. Williams was the sister of [[Pengra, Charlotte Emily|Charlotte Emily Pengra]].

April 7, 1853 - Mrs. Velina A. Williams "arrived at our present encampment (in Illinois) about dark, very tired and not a little fretful. Hope our patience may increase with the toils of our journey."

April 9, 1853 - Mrs. Velina A. Williams and her party arrived at the Mississippi River, stopping "at a good camping ground about half a mile from Fulton. . .(which) was on the east side and (the village) of Lyons on the west side. The river here was over a mile wide and quite clear."

April 10 - "The waters glided gently and peacefully along; they seemed to reproach us for disturbing them on this holy day."

April 13 - Mrs. Velina A. Williams "Crossed the Wapsepinnica (in Iowa) in a small flatboat; swam all the cattle, but one yoke of oxen attached to each wagon."

April 17 - This Sabbath Mrs. Velina A. Williams "laid by our things in the bottom of the box; quite damp; took them out and aired them; packed them all over; baked two loaves of bread and some cake."

April 28 - "A woman near was taken sick and sent to our camp for assistance," wrote Mrs. Velina A. Williams. "Fidelia, Dorcas and Charlotte went," she reported, and "found her in hard convulsions; administered such remedies as suggested themselves to them." "F. returned," she continued, "leaving her somewhat relieved. I went to take her place as watch with C. for the night. Applied mustard to her stomach and feet. In the course of an hour she became quite easy. We returned to the camp."

April 29 - "Hoyts and Bynons started first; all off in good season" Mrs. Velina A. Williams (1853) noted in her diary, concluding the entry with the worrisome comment "Have seen nothing of Hoyt's and Bynon's teams and fear we shall not till we get to the bluffs." In fact, they were not seen again during the remainder of the journey for they took the Soda Springs-Fort Hall route while the others took the route into Northern California and Southern Oregon. It was nearly a year before the families once again learned of each other's whereabouts.

May 2 - Two days beyond the Des Moines River, the party with which Mrs. Velina A. Williams (1853) was traveling "Concluded to remain at our present encampment today and let the cattle graze while the men hunt up corn to take along, as report says that it is almost impossible to obtain it a few miles ahead, even at exorbitant prices."

May 4 - "This morning we were wakened by the pattering of the rain upon our wagon covers." As a result, Mrs. Velina A. Williams (1853) "Remained in camp; rained all day."

May 10 - "While laying in wood", one of the men in the train of Mrs. Velina A. Williams (1853) "found a yoke of oxen, probably strayed from some emigrant."

May 11 - Just before reaching the Nishnabotna River, "The owner of the cattle came this morning and, having identified them, David bought them" according to Mrs. Velina A. Williams (1853). "Our way today has been over some as beautiful country as I have ever beheld" she continued, "Who can blame the red men for striving ever to retain these beautiful hunting grounds."

May 20 - On this day Mrs. Velina A. Williams (1853) "Crossed the Missouri River on a steam ferry boat and set our feet on the Indian soil. My feelings on entering this benighted land and look upon its inhabitants, sunken in the depths of heathenism, were those of unformed pity, my heart6 yearning after a knowledge of their language that I may converse with them and communicate some light to their darkened minds."

May 24 - "Night before last," wrote Mrs. Velina A. Williams (1853) in her diary, "some of the tribe (Pawnees) killed four oxen and badly wounded the fifth, belonging to some emigrants. They no doubt gave the Indians some cause for committing the outrage." She went on to note having passed a "newly-dug grave this morning, to which the remains of a young lady were to be consigned, her disease, consumption, of 15 months" standing, a warning that we, too, are mortal"

May 30 - Mrs. Velina A. Williams' party "Traveled about 17 miles to the ford, where we expect to cross the Loup Fork. Some of the men have examined the ford and find it quicksand bottom. They feel that it will be hardly prudent to attempt to cross tonight."

July 3 - It was the opinion of Mrs. Velina A. Williams (1853), given two days after passing Fort Laramie, that "To attempt a description of the country and roads over which we have passed today would be useless. One must pass over the black Hills to form any idea of their wild, barren ruggedness."

July 14 - As she "passed Avenue Rocks", Mrs. Velina A. Williams (1853) expressed some concern "as it is uncertain about finding grass again before we reach Sweetwater." But other provisions were in hand since "Our men killed a buffalo today and we have a good supply of beef."

July 15 - Mrs. Velina A. Williams (1853): "Traveled four miles to a clear spring creek, thence three miles to Willow Springs, thence passed over Prospect Hill, from the top of which we had a most beautiful view of the surrounding country."

July 20 - Passing Ice Springs, Mrs. Velina A. Williams (1853) "Saw the main chain of the Rocky mountains to the north, with their snow-clad tops towering to a great height. The sight is truly grand and worth a journey across the plains."

July 22 - This day Mrs. Velina A. Williams (1853) "gathered snow from a snow bank a short distance from and road and a few yards from the bank, saw strawberries in bloom. Tonight Samuel brought a bunch of flowers and a string of ripe strawberries in one hand and snowball in the other, gathered from opposite sides of the stream near our camp, it is as cold as November tonight."

Quite a different type of story comes from the "rendezvous country" of the early mountain men, western Wyoming. The wagon train to which Mrs. Velina A. Williams and her nephew O.A. Stearns belonged passed through this country in the summer of 1853. On August 3, Mrs. Williams noted in her diary that on that day they had "Passed 'Quaking Asp Grove' and three miles farther a fir and pine grove, where we met a crazy man who asked for food. . ."

Her nephew, a boy at the time of the trip, added his adult recollections of this encounter years later. "The crazy man was a very ragged, dirty-looking person," he wrote, who "had a sort of bag or sack in which he deposited the food and other articles given him by members of the train." Although the man could and did make sounds, "No intelligent reply could be elicited from him." Curious, Stearns and his equally youthful companions followed the "crazy man" when "he started off into the woods at right angles to the road." The recipient of the wagon train's largesse "did not go far; when coming to an opening among the trees he paced back and forth from one end of the open space to the other, alternately eating from his sack and talking to himself gesticulating the while as though addressing an audience." "Of his fare or how he came to be in that condition we never hears," Stearns concluded, but "His was doubtless one of the many tragedies of the plains." What would have driven a man to such extremes? Might he have one day "come out of it" and lived a normal life or did he die alone and alienated in the wilderness. I wonder?

[[http://www.muskingum.edu/~rmunkres/life/Wonder.html|1]]SOME TALES OF THE TRAIL REMAIN UNEXPLAINED:ONLY CONCLUSION. . ."I WONDER WHAT HAPPENED
[The National Tombstone Epitaph, April, 1990]

O.A. Stearn, who accompanied his aunt Mrs. Velina A. Williams west in 1853, composed the following description of one of the many buffalo herds in existence at the time. After noting that "This whole Platte region is subject to frequent, sudden and frightful thunderstorms. . .generally accompanied or preceded by violet windstorms," Stearn observed that "the distant gathering of clouds on the horizon and the faint rumble of distant thunder. . .were sufficient warning to enable the trains to get ready to withstand their shock." On one such occasion Stearn's party, observing a gathering cloud and hearing a distant rumble "to the south of west on the opposite side of the river", made ready for a storm. But there was no lightning accompanying this storm, and the thunder "seemed more continuous . . .while increasing in volume" rather than being intermittent as was usually the case. Furthermore, the cloud "that at first seemed to be coming directly towards us was now seen to be following a course parallel to the river. . .". The mystery was soon solved, for as the cloud approached withing three or four miles of the train, "the ground seemed to fairly tremble" with the hoofbeats of buffalo.

Soon the dust cloud was opposite us, when a gust of wind from down river lifted the cloud for awhile, and we beheld a compact black mass, extending beyond farther than we could see and coming in unbroken masses from the rear. The quaking of the earth and the rumble of the rushing torrent continued for a long time, many estimated the herd to be from four to eight miles long and of unknown width. Surely many, many thousands of those animals.

Williams, Velina Stearns

Admin — Thu, 06 Nov 2008 19:44:52 GMT

Admin:

Velina Williams was the sister of [[Pengra, Charlotte Emily|Charlotte Emily Pengra]]

Quite a different type of story comes from the "rendezvous country" of the early mountain men, western Wyoming. The wagon train to which Mrs. Velina A. Williams and her nephew O.A. Stearns belonged passed through this country in the summer of 1853. On August 3, Mrs. Williams noted in her diary that on that day they had "Passed 'Quaking Asp Grove' and three miles farther a fir and pine grove, where we met a crazy man who asked for food. . ."

Her nephew, a boy at the time of the trip, added his adult recollections of this encounter years later. "The crazy man was a very ragged, dirty-looking person," he wrote, who "had a sort of bag or sack in which he deposited the food and other articles given him by members of the train." Although the man could and did make sounds, "No intelligent reply could be elicited from him." Curious, Stearns and his equally youthful companions followed the "crazy man" when "he started off into the woods at right angles to the road." The recipient of the wagon train's largesse "did not go far; when coming to an opening among the trees he paced back and forth from one end of the open space to the other, alternately eating from his sack and talking to himself gesticulating the while as though addressing an audience." "Of his fare or how he came to be in that condition we never hears," Stearns concluded, but "His was doubtless one of the many tragedies of the plains." What would have driven a man to such extremes? Might he have one day "come out of it" and lived a normal life or did he die alone and alienated in the wilderness. I wonder?

[[http://www.muskingum.edu/~rmunkres/life/Wonder.html|1]]SOME TALES OF THE TRAIL REMAIN UNEXPLAINED:ONLY CONCLUSION. . ."I WONDER WHAT HAPPENED
[The National Tombstone Epitaph, April, 1990]

Williams, Velina Stearns

Admin — Thu, 06 Nov 2008 19:43:59 GMT

Admin:

Velina Williams was the sister of [[Pengra, Charlotte Emily|Charlotte Emily Pengra]]

Quite a different type of story comes from the "rendezvous country" of the early mountain men, western Wyoming. The wagon train to which Mrs. Velina A. Williams and her nephew O.A. Stearns belonged passed through this country in the summer of 1853. On August 3, Mrs. Williams noted in her diary that on that day they had "Passed 'Quaking Asp Grove' and three miles farther a fir and pine grove, where we met a crazy man who asked for food. . ."

Her nephew, a boy at the time of the trip, added his adult recollections of this encounter years later. "The crazy man was a very ragged, dirty-looking person," he wrote, who "had a sort of bag or sack in which he deposited the food and other articles given him by members of the train." Although the man could and did make sounds, "No intelligent reply could be elicited from him." Curious, Stearns and his equally youthful companions followed the "crazy man" when "he started off into the woods at right angles to the road." The recipient of the wagon train's largesse "did not go far; when coming to an opening among the trees he paced back and forth from one end of the open space to the other, alternately eating from his sack and talking to himself gesticulating the while as though addressing an audience." "Of his fare or how he came to be in that condition we never hears," Stearns concluded, but "His was doubtless one of the many tragedies of the plains." What would have driven a man to such extremes? Might he have one day "come out of it" and lived a normal life or did he die alone and alienated in the wilderness. I wonder?

][http://www.muskingum.edu/~rmunkres/life/Wonder.html|SOME TALES OF THE TRAIL REMAIN UNEXPLAINED:ONLY CONCLUSION. . ."I WONDER WHAT HAPPENED]]
[The National Tombstone Epitaph, April, 1990]

Pengra, Charlotte Emily

Admin — Thu, 06 Nov 2008 19:41:46 GMT

Admin: /* History */

=History=

Charlotte Emily Stearns was born in 1827. Charlotte Pengra (Mrs. '''[[Pengra, Byron J.|Bynon J. Pengra]]''') and her sister '''[[Williams, Velina Stearns|Velina Williams]]''' wrote of their travels in '''[[1853]]'''. They started the trip together, but somewhere in the beginning one party went ahead and the parties crossed separately.

Velina's work was printed in the Forty-seventh Annual Reunion of the Oregon Pioneer Association on pages 175 -240, but her words are quoted in many compilations of women's dairies.

MRS. CHARLOTTE E. PENGRA

==Early Life==

Source: "Portrait and Biographical Record of the Willamette Valley Oregon, Illustrated." Chapman Publishing Company, Chicago, 1903. pages 1293-1294.

In manner, character and attainment, Mrs. Charlotte E. Pengra represents a family of distinguished ancestry, around whom tradition clings persistently and fondly, and in whose make-up there is a justifiable and inspiring pride. This pioneer of 1853, whose home in '''[[Springfield]]''' is the center of culture and social prominence in the town, was born of Rev. John and Aseneth (Campbell) Stearns, natives respectively of New Hampshire and Vermont. The paternal grandfather, Ebenezer Stearns, was also born in New Hampshire, and during the Revolutionary he was captured by the Tories, in return for his devotion to the Colonial cause. He lived until July 1, 1823, and represented the fifth generation of his family in America, the emigrating forefather having been one Isaac Stearns,
who came from Nayland Parish, Suffolk county, England, in the ship, Arabella, in 1630, locating at Watertown, near Mount Auburn, Mass. Fellow-passengers with him in the sailing vessel were such well known historical personages as Governor Winthrop and Richard Saltonstall. He was the progenitor of an American family as old as any in the state of New Hampshire, and which is represented in many states of the union. While his father was stacking his musket on the battlefield of the war of 1776, young John Stearns (born April 26, 1778) was taken by his mother to Vermont on horseback, and there spent the early part of his life. Soon after his marriage in 1830 he was converted and called to the Baptist ministry, his first charge being in Vermont and later was pastor of the Elizabethtown church, Elizabethtown, N.Y., where he preached the gospel for nine years. In 1817 he was transferred to Sardina, Brown county, Ohio, and traveled several years as state missionary. Sorrow came to him after his removal to Illinois, through the death of his wife at the age of sixty-six years, in 1850. With the help of David E., his oldest son, also Rev. M.N., Rev. S.E., and Avery O., an attorney, he outfitted with ox and horse teams for crossing the plains, and after arriving at the Rogue river country, settled on a claim near Phoenix, where his death occurred at the age of ninety-three
years, in 1871. That he was a man of remarkable vitality and great will power may be imagined, when it is known that he preached almost continuously up to the time of his final illness, and at the age of eighty was able to occupy a pulpit at Eugene. Of his twelve children, eleven attained maturity, seven of them being sons, only two of who are living, Mrs. Pengra being the eleventh child.

==1840s==
Mrs. Pengra was educated in the common schools of New York and Ohio, and in 1841 entered Hampton Falls Academy, of which her older brother was the preceptor. After an academical training of two years she then engaged in educational work, studying at the same time. Moving to Illinois in 1848, in 1849 she was married to B.J. Pengra, in Winnebago county, Ill. Mr. Pengra was born in Genessee county, N. Y. February 14, 1823, and after his father's death removed with his mother to Eric county, Pa., remaining there until after her death.

==1850s==

From Illinois he crossed the plains in 1853 locating on a claim seven miles east of '''[[Springfield]]''', Ore., where he farmed and raised stock for several years.

In her journal of 1853 she writes:

''"After crossing we followed up a Cree(k) a short distance and waited till after dinner then we hitched and went on fifteen miles to watter the afternoon was very hot, and the roads intolerably dusty which made it very hard on the teams…It was after dark before we reached the (Malheur) River, found a great many teams here waiting for a leader to start out on the new route or Cut-off."''

Another piece, this one the last:

''"...We again took up our line of march for a seventeen mile drive and Bynon said he would be teamster though he had not set up any till about time for starting. He drove several when he was obliged to lay down. I then took my turn and drove until I was quite outdone and at last I called upon Win who was teamster the rest of the day. Bynon is very sick. We have packed him and bandaged him thoroughly he is relieved of much of his pain but is very weak. Sis is still feeble and I am all used up. dark times for we folks."''' [End of Diary] August 28, 1853

A man of broad education and journalistic ability, he established the first Republican newspaper in the State of Oregon at [[Eugene]] in '''[[1860]]''', and which was known as the '''[[Oregon State Journal]]'''. He was a presidential elector at the time of Abraham Lincoln's election in 1860 and served as surveyor-general during the administration of the martyred president. In '''[[1866]]''' Mr. Pengra moved to the site of Springfield. He was one of the pioneer developers of the town, opening flour and saw-mills, and purchasing surrounding farm-lands on a large scale.

==1900s==

After a number of years of successful operating he bought a large stock ranch where he remained several years, and died at the home of his son near '''[[Coburg]]''', Ore., '''[[September 18]]''', '''[[1903]]''', at the age of eighty years. Seven children were born to Mr. and Mrs. Pengra, of whom Stella M. is the wife of George W. Larson [sic; should be Larison], of Reading, Cal.; Avery W. died in infancy; Ella V. is the widow of James Walker of Hazeldale, Lane county, Ore.; W.J. and G.B., twins, the former living near Coburg, Ore., and the latter died at the age of ten years; Bell, the wife of S.T. Black, a farmer of Grass Valley, Sherman county, eastern Oregon; and Anna, the wife of Rev. C.M. Hill, pastor or the Baptist Church at Oakland, Cal. Mrs. Pengra has contributed to
local papers and is a woman of superior culture and refinement. She is prominent in the Baptist Church, is a teacher of the bible class in the Sunday school, and has always given generously to church and charitable organizations. She is living on the old family homestead, in Springfield, which has been the family home since [[1866]].

Submitted by: Chris Havnar, <jchavnar@sbcglobal.net>

==Tombstone==

On a marble pillar about a foot and a half tall were written these words:

Son of B.J. & C.E.

Pengra

"Suffer little children -[to]- come unto me,

and for -[forbid]- them not, for of -[such]- is the

Kingdom of Heaven"

[[Category:Springfield residents (1800s)]] [[Category:Springfield residents (1900s)]] [[Category:Pioneer]]

Pengra, Charlotte Emily

Admin — Thu, 06 Nov 2008 19:38:33 GMT

Admin:

=History=

Charlotte Emily Stearns was born in 1827. Charlotte Pengra (Mrs. '''[[Pengra, Byron J.|Bynon J. Pengra]]''') and her sister Velina Williams wrote of their travels in '''[[1853]]'''. They started the trip together, but somewhere in the beginning one party went ahead and the parties crossed separately.

Velina's work was printed in the Forty-seventh Annual Reunion of the Oregon Pioneer Association on pages 175 -240, but her words are quoted in many compilations of women's dairies.

MRS. CHARLOTTE E. PENGRA

==Early Life==

Source: "Portrait and Biographical Record of the Willamette Valley Oregon, Illustrated." Chapman Publishing Company, Chicago, 1903. pages 1293-1294.

In manner, character and attainment, Mrs. Charlotte E. Pengra represents a family of distinguished ancestry, around whom tradition clings persistently and fondly, and in whose make-up there is a justifiable and inspiring pride. This pioneer of 1853, whose home in '''[[Springfield]]''' is the center of culture and social prominence in the town, was born of Rev. John and Aseneth (Campbell) Stearns, natives respectively of New Hampshire and Vermont. The paternal grandfather, Ebenezer Stearns, was also born in New Hampshire, and during the Revolutionary he was captured by the Tories, in return for his devotion to the Colonial cause. He lived until July 1, 1823, and represented the fifth generation of his family in America, the emigrating forefather having been one Isaac Stearns,
who came from Nayland Parish, Suffolk county, England, in the ship, Arabella, in 1630, locating at Watertown, near Mount Auburn, Mass. Fellow-passengers with him in the sailing vessel were such well known historical personages as Governor Winthrop and Richard Saltonstall. He was the progenitor of an American family as old as any in the state of New Hampshire, and which is represented in many states of the union. While his father was stacking his musket on the battlefield of the war of 1776, young John Stearns (born April 26, 1778) was taken by his mother to Vermont on horseback, and there spent the early part of his life. Soon after his marriage in 1830 he was converted and called to the Baptist ministry, his first charge being in Vermont and later was pastor of the Elizabethtown church, Elizabethtown, N.Y., where he preached the gospel for nine years. In 1817 he was transferred to Sardina, Brown county, Ohio, and traveled several years as state missionary. Sorrow came to him after his removal to Illinois, through the death of his wife at the age of sixty-six years, in 1850. With the help of David E., his oldest son, also Rev. M.N., Rev. S.E., and Avery O., an attorney, he outfitted with ox and horse teams for crossing the plains, and after arriving at the Rogue river country, settled on a claim near Phoenix, where his death occurred at the age of ninety-three
years, in 1871. That he was a man of remarkable vitality and great will power may be imagined, when it is known that he preached almost continuously up to the time of his final illness, and at the age of eighty was able to occupy a pulpit at Eugene. Of his twelve children, eleven attained maturity, seven of them being sons, only two of who are living, Mrs. Pengra being the eleventh child.

==1840s==
Mrs. Pengra was educated in the common schools of New York and Ohio, and in 1841 entered Hampton Falls Academy, of which her older brother was the preceptor. After an academical training of two years she then engaged in educational work, studying at the same time. Moving to Illinois in 1848, in 1849 she was married to B.J. Pengra, in Winnebago county, Ill. Mr. Pengra was born in Genessee county, N. Y. February 14, 1823, and after his father's death removed with his mother to Eric county, Pa., remaining there until after her death.

==1850s==

From Illinois he crossed the plains in 1853 locating on a claim seven miles east of [[Springfield]], Ore., where he farmed and raised stock for several years.

In her journal of [[1853]] she writes:

''"After crossing we followed up a Cree(k) a short distance and waited till after dinner then we hitched and went on fifteen miles to watter the afternoon was very hot, and the roads intolerably dusty which made it very hard on the teams…It was after dark before we reached the (Malheur) River, found a great many teams here waiting for a leader to start out on the new route or Cut-off."''

Another piece, this one the last:

''"...We again took up our line of march for a seventeen mile drive and Bynon said he would be teamster though he had not set up any till about time for starting. He drove several when he was obliged to lay down. I then took my turn and drove until I was quite outdone and at last I called upon Win who was teamster the rest of the day. Bynon is very sick. We have packed him and bandaged him thoroughly he is relieved of much of his pain but is very weak. Sis is still feeble and I am all used up. dark times for we folks."''' [End of Diary] August 28, 1853

A man of broad education and journalistic ability, he established the first Republican newspaper in the State of Oregon at [[Eugene]] in [[1860]], and which was known as the [[Oregon State Journal]]. He was a presidential elector at the time of Abraham Lincoln's election in 1860 and served as surveyor-general during the administration of the martyred president. In [[1866]] Mr. Pengra moved to the site of Springfield. He was one of the pioneer developers of the town, opening flour and saw-mills, and purchasing surrounding farm-lands on a large scale.

==1900s==

After a number of years of successful operating he bought a large stock ranch where he remained several years, and died at the home of his son near '''[[Coburg]]''', Ore., '''[[September 18]]''', '''[[1903]]''', at the age of eighty years. Seven children were born to Mr. and Mrs. Pengra, of whom Stella M. is the wife of George W. Larson [sic; should be Larison], of Reading, Cal.; Avery W. died in infancy; Ella V. is the widow of James Walker of Hazeldale, Lane county, Ore.; W.J. and G.B., twins, the former living near Coburg, Ore., and the latter died at the age of ten years; Bell, the wife of S.T. Black, a farmer of Grass Valley, Sherman county, eastern Oregon; and Anna, the wife of Rev. C.M. Hill, pastor or the Baptist Church at Oakland, Cal. Mrs. Pengra has contributed to
local papers and is a woman of superior culture and refinement. She is prominent in the Baptist Church, is a teacher of the bible class in the Sunday school, and has always given generously to church and charitable organizations. She is living on the old family homestead, in Springfield, which has been the family home since [[1866]].

Submitted by: Chris Havnar, <jchavnar@sbcglobal.net>

==Tombstone==

On a marble pillar about a foot and a half tall were written these words:

Son of B.J. & C.E.

Pengra

"Suffer little children -[to]- come unto me,

and for -[forbid]- them not, for of -[such]- is the

Kingdom of Heaven"

[[Category:Springfield residents (1800s)]] [[Category:Springfield residents (1900s)]] [[Category:Pioneer]]

Pengra, Byron J.

Admin — Thu, 06 Nov 2008 19:30:06 GMT

Admin:

Pengra, Byron J. or Bynon John Pengra (1823-1903)

The '''[[Briggs, Elias|Briggs family]]''' ran the mills smoothly until '''[[1865]]''', at which time they sold the operation to a local consortium of prominent businessmen, led by [[Pengra, Byron J.|Byron J. Pengra]]. The enterprise was renamed the '''[[Springfield Manufacturing Company]]''' (Clarke 1938:10-27).

That same year, he also purchased the Springfield townsite from Elias Briggs. An attempt was made by another group of local investors to build a woolen factory at Springfield in 1865. It was to be called the '''[[Springfield Woolen Manufacturing Company]]'''. Although capital was raised and construction planned, the venture never went beyond setting up an eight-horsepower carding machine in a building once used as a cabinet shop. Farmers were invited by the owner, [[Goodchild, Charles|Charles Goodchild]]:

to inspect the new machinery and to patronize the proprietor for the sake of home industry and to save themselves the inconvenience of sending their wool out of the county to be carded (Lomax 1941:301-303). The two-man operation lasted only a short time before being purchased by the Pengra brothers in [[1873]]. The machinery was sold to '''[[Stayton, Drury S.|Drury S. Stayton]]''', who started the woolen mill in Stayton, Oregon (Walling 1884:453).

An active Republican, Pengra established the first Republican newspaper in Oregon in [[1858]], and called it the People’s Press. He was appointed Surveyor General of Oregon in 1862. He initiated the building of a military wagon road up the Middle Fork of the [[Willamette River]].

In [[1870]], Bynon Johns Pengra, the Surveyor General of Oregon, was brought to Central Oregon for the building of the Central Oregon Military Road. He homesteaded land northwestern corner of what was later to become the La Pine area. The intended purpose of the military road was to serve as a supply line for troops stationed in southeastern Oregon. However, miners and settlers became the most valuable function.

Charlotte and B.J. divorced on [[June 11]], [[1887]]. In 1897, the Rosland post office was established on Pengra’s land to accommodate the other homesteaders and squatters’ prior to the Homestead Act. The town site of Rosland was established in 1900 and took its name from the post office on the Pengra ranch. He died on [[September 18]], [[1903]] in [[Coburg]].

-information-

The Republicans, April 19, [[1860]], again nominated David Logan for representative in Congress, chose T. J. Dryer, B. J. Pengra and "W. H. "Watkins for presidential electors, and adopted in substance the platform of 1859, except that the Seward instructions were omitted and a strong protest against the Dred Scott decision was added. [''History of Oregon'' By Carey, Charles Henry] p 640.

-information2-

To digress a moment from consideration of the Villard activities, two other transcontinental railroad projects which claimed attention while Willamette Valley rivalries were at their height were proposed by W. W. Chapman, pioneer lawyer and surveyor-general for Oregon in President Buchanan's administration, and B. J. Pengra, an engineer who was surveyor-general during President
Lincoln's term. Chapman proposed a line up the Columbia River to The Dalles and thence to a junction with the Union Pacific Railroad at Salt Lake.

Pengra had a practical scheme for a connection with the Central Pacific Railroad near Winnemucca, Nev., by way of Southeastern Oregon. This line would have crossed the Cascade range by the pass known as the "Middle Pork," of the Willamette, surveyed by Lieutenants Williamson and Abbot in [[1853]], connecting with the Willamette Valley Railroad system at [[Eugene]] City.

[[Pengra, Byron J.|Byron J. Pengra]]'s son was buried in the [[Pioneer Cemetery (Springfield)|Pioneer Cemetery]] in [[Springfield]]. He was married to a "[[Pengra, Charlotte Emily |Charlotte Emily Pengra]]. [''History of Oregon'' By Carey, Charles Henry] p 697.

==Tombstone==

On a marble pillar about a foot and a half tall were written these words:

Son of B.J. & C.E.

Pengra

"Suffer little children -[to]- come unto me,

and for -[forbid]- them not, for of -[such]- is the

Kingdom of Heaven"

==Portrait and Biographical Record of the Willamette Valley Oregon, Illustrated, page 1294==

Mr. Pengra was born in Genessee county, N. Y. February 14, 1823, and after his father's death removed with his mother to Eric county, Pa., remaining there until after her
death. From Illinois he crossed the plains in 1853 locating on a claim seven miles east of Springfield, Ore., where he farmed and raised stock for several years. A man of broad education and journalistic ability, he established the first Republican newspaper in the State of Oregon at Eugene in 1860, and which was known as the Oregon State Journal. He was a presidential elector at the time of Abraham Lincoln's election in 1860 and served as surveyor-general during the administration of the martyred president. In 1866 Mr. Pengra moved to the site of Springfield. He was one of the pioneer developers of the town, opening flour and saw-mills, and purchasing surrounding farm-lands on a large scale. After a number of years of successful operating he bought a large stock ranch where he remained several years, and died at the home of his son near Coburg, Ore., September 18, 1903, at the age of eighty years. Seven children were born to Mr. and Mrs. Pengra, of whom Stella M. is the wife of George W. Larson [sic; should be Larison], of Reading, Cal.; Avery W. died in
infancy; Ella V. is the widow of James Walker of Hazeldale, Lane county, Ore.; W.J. and G.B., twins, the former living near Coburg, Ore., and the latter died at the age of ten years; Bell, the wife of S.T. Black, a farmer of Grass Valley, Sherman county, eastern Oregon; and Anna, the wife of Rev. C.M. Hill, pastor or the Baptist Church at Oakland, Cal. Mrs. Pengra has contributed to local papers and is a woman of superior culture and refinement. She is prominent in the Baptist Church, is a teacher of the bible class in the Sunday
school, and has always given generously to church and charitable organizations. She is living on the old family homestead, in Springfield, which has been the family home since 1866.

==Daily Eugene Guard, Saturday Evening, September 19, 1903==

ORIGINAL REPUBLICAN

B.J. Pengra Died This Morning Near Coburg

Prominent in Politics and Famous for Trying to Promote Railroad Schemes in Oregon

B.J. Pengra, well known throughout Oregon as a politician of the early days, railroad promoter, and businessman, died near Coburg this morning.

He passed away at 12:30 o'clock at the home of his son, who resides near Coburg. He was 80 years, 7 months and three days old.

The funeral will be held tomorrow morning at 10 o'clock from the residence of his son. Brief ceremonies by Rec. J.C. Richardson will be conducted. Interment will be made in Laurel Hill cemetery near Springfield.

B.J. Pengra came west to Oregon with the 1853 arrival of immigrants. He became prominent in politics in the late '50s and is famous as the first Republican in the state. County Judge H.R. Kincade, ex-secretary of state, was associated with Mr. Pengra in politics and to a Guard reporter this morning he outlined the ambitions and achievements of the old pioneer.

"Pengra drew attention when in 1858 he was an elector for Lincoln and Hamlin, the Republican for president and vice-president. He was a thorough Lincoln Republican and was the first speaker to canvas the state for the Republican ticket. He was successful in his vigorous work and was elected elector and carried the vote of Oregon to Washington, and helped elect Lincoln. He then returned to Oregon and engaged in the political senatorial fight when Col. Baker of California, was a candidate from Oregon. He was practically boss of the state politics and it was his influence which elected Baker. As the regard Baker gave him the office of Surveyor-General. Joel Ware was one of his clerks at the time. This office he held for a term and them went to the legislature.

"In Salem, Pengra was the moving spirit of the movement to unite the Douglas Democrats and the Republicans. It was a fine bit of work and kept him in the lead. In the legislature he was a dominant spirit, stubborn and immobile, ready to fight any and all kinds of opposition and generally triumphed, as long as he kept his endeavors confined to Oregon.

"But Pengra wanted greater things. In 1870, when the transcontinental railway had been finished, he saw that the state of Oregon was soon to have a railway extending from San Francisco to Portland. It was already built as far as Salem. Pengra secured the military road grant from Eugene south through Southeastern Oregon and it was his ambition to direct the railway over his route. But the Oregon and California company had their own route and fought Pengra to the bitter end, and finally securing the vote of congress to establish the route as it stands at present.

"The news almost made Pengra crazy and he wrote a terrible letter for publication, challenging Senator Williams to a duel, and making all kinds of threats against his opponents. He brought it to the Oregon State Journal for me to print, but I refused. He would not speak to me for seven years.

"Later on Collis Huntington had a quarrel with the O. & C. and was on the point of aiding Pengra with a competitive road, and even went so far as to build a road from Woodburn to Natron. He then sold out for a million and a half and quit. The blow upset Pengra and he was committed to the insane asylum for a year.

"Pengra was a forceful character and has done great good to his chosen state."

==Daily Eugene Guard, Saturday Evening, September 19, 1903 page 1==

Funeral Largely Attended

The funeral of B.J. Pengra, the deceased pioneer, was held this morning at 10 o'clock from the residence of his son near Coburg. Rev. J.C. Richardson conducted the brief ceremony and the burial took place in Laurel Hill cemetery, near Springfield. A large concourse of friends of the deceased attended the funeral and followed the remains to their last resting place.

==Related Articles==

[[William J. Pengra v. J.F. Munz]]

[[Category:Springfield residents (1800s)]] [[Category:Pioneer]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 19:26:34 GMT

Admin:

'''[[Pengra, William J|WILLIAM J. PENGRA]]''' v. J.F.MUNZ.

CIRCUIT COURT, DISTRICT OF OREGON.

'''[[February 14|FEBRUARY 14]]''', '''[[1887]]'''.

1. CERTIFICATION BY THE SECRETARY of THE INTERIOR OF LANDS TO THE STATE, UNDER SWAMP AND WAGON ROAD GRANTS.— On '''[[March 12]]''', '''[[1860]]''' (12Stat3), congress granted the lands that were "wet and unfit for cultivation" within the limits of Oregon to the state, to be selected by the state from the lands thereafter surveyed " within two years from the adjournment of the legislature at the next session after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed," and then certified by the secretary of the interior, if found to come within the operation of the act, and patented to the state, on which the fee shall vest in the state. On [[July 2]], [[1864]], congress granted to the state, to aid in the construction of a military wagon road from '''[[Eugene]]''' to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections in width on each side of said road," as the same may be located. On [[October 24]], [[1864]], the legislature of the state transferred this grant to the Oregon Central Military Road company, who in due time constructed the
road. On [[December 27]], [[1886]], the survey of section twenty-one, in township thirty-six, of range fourteen east, of the Willamette meridian, was duly confirmed, of which fact the governor of the state had due notice before the session of the legislature held in 1868. On [[April 18]], [[1871]],
the secretary of the interior, on the recommendation of the commissioner of the general land office, approved the selection of section twenty one, tinder the wagon road grant, and certified the same to said road company as the grantee of the state. On [[September 16]], [[1882]], said section twenty-
one was erroneously included in a list of lands then certified by the secretary to the state, under the swamp land act; and on [[January 4]], [[1883]], the commissioner, as to said section twenty-one, recalled said certificate, as having been erroneously made, and notified the governor of the state
thereof. On '''[[May 11]]''', '''[[1877]]''', the defendant purchased the east half and the southwest quarter of section twenty-one, from the state land commissioners, under the act of '''[[October 26]]''', '''[[1870]]''', for the sale of swamp lands, paying ninety-six dollars down, and the balance — four hundred and eighty dollars — on [[December 12]], [[1883]], when he received a deed therefor from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent that the selection of lands thereunder is made within the time limited therein; and on failure to do so, the grant lapsed and became of no effect;

II. The legal title to land selected under the swamp land act does not vest in the state until a patent is issued therefor, which patent, when issued, relates back to the date of the grant;

III. By section 2 of the act of 1860 the duty is devolved on the state to select the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of the question of fact cannot be impeached or questioned elsewhere except in a court of equity for fraud or mistake other than an error of judgment;

IV. It was also the duty of the secretary of the interior, by virtue of his general control over the subject of the disposition of the public lands, to ascertain and determine what lands inured to the state or its grantee, the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road company under said act, he thereby determined that it did not inure to the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the secretary was a mere clerical error that the department had a right to correct, as it did; but the section having already been certified to the grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to the plaintiff's grantor under the wagon road grant, the defendant, as the grantee of the state, is estopped, as against the plaintiff, to assert or maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PROPERTY. — A cause of action for damages for withholding the possession of real property may be joined with one for the possession of such property, but it must be separately stated, and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during his term, nor during the possession taken or acquired under the lease, deny his landlord's title.

Before DEADY, District Judge

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph

Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the defendant.

DEADY, J. This action is brought to recover the possession of the west half of section twenty-one, in township thirty-sixth south, of range "four teen east, of the Willamette meridian.

It is alleged in the complaint that the plaintiff is the owner in fee of the premises, and is entitled to the possession thereof, which the defendant wrongfully withholds from him, to his damage one thousand dollars. 1887.] And by way of giving the court jurisdiction of an action between parties who do not appear to be citizens of different states, it is further alleged that the plaintiff derives title to the premises under the act of congress of July 2, 1884, entitled "An act granting lands to the state of Oregon to aid in the construction of a military road from Eugene to the eastern boundary of said state;" that the defendant claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions of an act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits, to Minnesota and Oregon, and for other purposes, " whereby the question arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the complaint concerning the ownership and right to the possession of the premises, and alleges that he is the owner of and entitled to the possession of the same; which allegations are controverted by the replication. The case was tried by the court without the intervention of a jury.

The evidence given on the trial consists of certain documents admitted under stipulation for their legal effect, and certain oral testimony concerning the value of the use and occupation of the premises and of a certain fence and ditch which the defendant claims to have constructed on the
premises, and also on the question of whether the land is in fact swamp land or not, which oral evidence was received subject to objection for incompetency. The material facts on which the plaintiff founds his claim are these:

On July 2, 1864, congress, for the purpose of aiding "in the construction of a military road " from Eugene to the eastern boundary of the state, granted to the state the "alternate sections of the public lands, designated by odd numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (13 Stats., 355.)

The act contains a proviso, reserving from its operation "all lands heretofore reserved to the United States by act of congress or other competent authority." Provision is also made in the act for the disposition of the land when and as often as the governor of the state "shall certify to
the secretary of the interior that any ten continuous miles" of the road are completed.

The road was to be completed within five years; and if not, the land then indisposed of was to revert to the United States. But by the act of March 3, 1869 (15 Stats., 338), the time for its completion was extended to July 2, 1872.

On October 24, 1864 (Ses. L. 37), the state transferred the grant to the Oregon Central Military Road company for the purpose and "upon the condition and limitations" contained in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south, range fourteen west, was surveyed and the survey approved on December 27th of the same year, of which the governor of the state had due notice before the meeting of the legislature in 1868.

On February 16, 1869, the road company filed with the governor of the state a map of the location and line of the road from Eugene to the eastern boundary of the state; and on January 12, 1870, the governor certified that the road as delineated on said map was completed, as required by the
act of congress and the state legislature, which map and certificate were filed with the secretary of the interior on or before February 28, 1870.

On April 18, 1871, the commissioner of the general land office recommended for approval, a list of lands, numbered two and described as "lands 'in place' granted to the state of Oregon" by the acts of congress of 1864 and 1869 aforesaid, "to aid in the construction of a military road" from Eugene to the eastern boundary of the state, which includes the aforesaid section twenty-one, "subject to any valid interfering rights which may have existed at the date of selection;" and on April 21st of the same year the secretary of the interior approved the selection, subject to the same qualification.

On June 2, 1871, the Oregon Central Military Road company conveyed the west half of said section twenty-one to '''[[Pengra, Byron J.|B. J. Pengra]]''', and the east half of the same to the California and Oregon Land company. Afterwards, and before the commencement of this action B. J. Pengra and '''[[Pengra, Charlotte Emily|wife]]''' conveyed said west half to the plaintiff herein. It is also specially admitted that the plaintiff has succeeded to and now owns all the estate and interest in said west half, that said company ever owned or held therein, prior to the commencement of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect recited that congress had "granted" certain lands to the state of Oregon "to aid in the construction of certain military wagon roads " therein, and that there is no law for the issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor of the state, informing him that said section was "erroneously " included in said list five — the same having been theretofore "certified to the state for the Oregon Central Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12, 1871." On June 25, 1880, the plaintiff took a lease of the north half of the section for one year from the California and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land act of 1850 was extended over Oregon, with a proviso that the selections from the then surveyed lands shall be made within two years from the adjournment of the legislature, at its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment, at the next session, after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed."

The swamp land act has been said to be a grant in. pre-
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)

The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.

But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

The provision (sec. 2, act of 1860) limiting the time within
which the selections must be made after notice to the governor "
that the surveys have been completed and confirmed ''
is not in the original swamp land act. It was first
made a part thereof, so to speak, when the latter was
extended to Oregon. In my judgment, the purport and
effect of the section is to devolve on the state the duty of
making the selections in the first instance, whereupon it
becomes the duty of the secretary to ascertain and determine
whether such selections are "wet and unfit for cultivation "
within the meaning and terms of the act. But if the
selection is not made within the time prescribed, the grant
reverts to the United States. The selection within the time
is a condition precedent.

The wagon road grant was a grant in present of all the
odd numbered sections on either side of the road, and as
soon as the line of the same was designated it attached to
such sections, and took effect from the date of the act, subject
to the condition that the road was completed within the
time limited. (Shulenberger v. Harrison, 21 Wall. 60.)
This condition having been long since duly performed, the
grant became absolute in favor of the road company, the
grantee of the state.

The approval of the selection of section twenty-one, under
the act of 1864, by the secretary of the interior in April,
1871, gave the road company a perfect title thereto. The
subsequent passage of the act of 1874, authorizing patents
to issue in such cases, did not affect the title already vested.
The effect of a patent when issued under that act, is not to
pass the title, but to give the patentee record evidence of an
already existing one. (Laugdeau v. Hanes, 21 Wall. 529.)
Wherefore, it is of no moment that it does not appear that
a patent has issued to the state or its grantee for the
premises. The title of the latter was complete on the
approval by the secretary in 1874 of the selection of section
twenty-one, under the act of 1864.

As has been shown by the terms of the swamp land act,
the fee of any tract of land does not pass to the state until
the secretary has ascertained that it comes within its opera
1887.] Opinion of the Court— Deady, J.
tion and causes a patent to issue therefor. The official certificate
that the land is swamp only gives the state an equity
or right to a patent. Such an interest cannot be set up as
a defense in this action against the prima facie legal title of
the plaintiff. But admitting that the listing of the land aa
swamp vests the fee in the state, and that the patent thereon
is a mere formal matter, which follows, of course, the listing
of section twenty-one as swamp land in 1882, more than
three years after the same was certified to the state under
the wagon road grant, did not change or affect the rights of
the parties. Such listing, even if it had been deliberate
and intentional, in the face of the fact that the land had
already been duly listed to the state under the wagon road
grant, was simply void. (Smith v. Ewing, 23 Fed. Rep. 741.)
Bat the truth is, it was a mere mistake — probably a clerical
misprision — which the department corrected, as soon as
attention was called to it by the register and receiver of the
proper land office.
The power to correct such a mistake is necessarily implied
from the power to approve the selection and is supported
by authority. (Carrol v. Stafford, 3 How. 460; Le Roy v.
Clayton, 2 Sawy. 493; Bett v. Hearne, 19 How. 252.) And
as the act which constituted the mistake was void and the
right to the land had already been duly ascertained and set
forth, the result would be the same if it never had been corrected.
The authority to determine to which of the two grants to
the state this section twenty-one properly belonged, was
vested in the secretary of the interior, generally, by section
441 of the revised statutes, which gave him supervision —
final control — of the public business relating to the public
lands, and specially and particularly as to the grant of
swamp land, by the act making the same. .
In awarding this section to the wagon road grant, or
rather approving of its selection thereunder, the secretary
must, in legal contemplation, have decided that it was not
swamp. The decision, so far as appears, was duly made in
the regular course of business, in the administration of the
law relating to the subject, and with the evidence contained

in the public surveys, as to the character of the land before
him or within his official reach. The decision that the land
belonged to the wagon road grant was, in legal effect, also a
decision that it did not belong to the swamp land grant
The latter conclusion, under the circumstances, is a necessary
element of the former.
Nor can this conclusion be impeached or contradicted in
this action by oral evidence as to the character of the land.
Subject to the power of a court of equity in certain cases, to
correct or set aside the final action of the department, for
fraud or mistake, not a mere error of judgment, in disposing
of the public lands, its decisions on questions of fact
cannot be reviewed or called in question elsewhere. (Johnson
v. Towsley, 13 Wall. 72; Sharp v. Stevens, 6 Sawy. 48.)
Therefore, the oral evidence offered by the defendant concerning
the swampy character of this land, is incompetent,
and cannot be considered.
The state was the grantee in both these grants. It
accepted the land as part of the wagon road grant, or
allowed its grantee and agent to do so. At least, there is no evidence that it ever selected this section under the swamp land grant, and presented it for certification, as part thereof. And while this may have been done, it is morally certain that it was not done until after the premises were certified to the grantee of the state under the wagon road grant, nor until the grant had lapsed, for want of selection, within the time prescribed.

The non-action of the state in this matter probably arose from the fact that it was thought best that the land should go to the construction of the wagon road, which was then regarded as a meritorious enterprise. For long after this swamp land grant was made no interest was taken in it, nor was it generally understood that there was any considerable quantity of land in the state to which it was at all applicable.

For ten years the state took no steps to secure any land under it, preferring, as it appears, to make its selections under the grants for the benefit of roads and schools. The fact that some portions of these selections were damp enough to be called swamp, was no objection to them, but often a recommendation. And in my judgment, it would have been well if that policy had been continued. But be that as it may, in the meantime this land was formally selected and certified to the state, as wagon road land, with its acquiescence, if not active concurrence, and it is now estopped, as against the plaintiff, to deny that the premises are included in such grant, or to assert that it acquired them under the swamp land grant. And if the state is so estopped, so is its grantee, the defendant. The defendant defends for the whole of the west half of section twenty-one, but it does not appear from his own showing, that he has any claim to the north half thereof.

His purchase from the state only includes the east half and the southwest quarter of the section. But the claim of the defendant to be the owner of any part of the premises on the facts proven must fail on either of the following grounds:

1. At and before the defendant's purchase from the state under the swamp land grant, the right of the state thereunder had lapsed and become of no effect.

2. The land was already certified to the grantee of the state under the wagon road grant by the secretary of the interior, which certification is a final decision of the question as to the character of the land, and the grant under which it properly belonged, by a tribunal having exclusive jurisdiction of the same.

3. The defendant, as the grantee of the state against the plaintiff, is estopped to assert or maintain that the premises inured to the state under the swamp land grant, because the latter, in effect, procured the same to be certified to the plaintiff's grantor under the wagon road grant. In conclusion, I find that the plaintiff is the owner of the land in fee and entitled to the possession thereof. But no damages can be received for the occupation of the premises under the allegation in the complaint that the defendant wrongfully withholds the possession of the same from the plaintiff, to his damage one thousand dollars. An action to recover damages for the wrongful occupation of real property is the equivalent of the common law of action of trespass for mean profits. A cause of action for damages for withholding the possession of real property may be joined with one to recover such possession. But it must be separately stated and the statement must contain facts sufficient to support a separate action thereon. Ordinarily, only nominal damages can be recovered on the ad damnum clause for an ouster in an action to recover possession of real property. (Wythev. Meyers, 3 Sawy. 598; Lamed v. Hudson, 57 N. Y. 151.) In support of my conclusions in this case, I refer generally to Cahn v. Barnes, 1 Sawy. 48. The important questions involved herein were considered in that. I have gone carefully over the ground again in the light of the able and exhaustive argument of counsel for the defendant, but find no cause to change my opinion on the subject. There must be a finding for the plaintiff that he is the owner of the premises, and entitled to the possession thereof.

[Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit: Embracing Cases at Law, Civil and Criminal, in Equity, Admiralty and Bankruptcy, and Cases on Appeal from the American Consular and Ministerial Courts in China and Japan
By Lorenzo Sawyer, Published by A.L. Bancroft, 1888]

[[Category: Lane County]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 19:24:16 GMT

Admin:

[[Pengra, William J|WILLIAM J. PENGRA]] v. J.F.MUNZ.

CIRCUIT COURT, DISTRICT OF OREGON.

[[February 14|FEBRUARY 14]], [[1887]].

1. CERTIFICATION BY THE SECRETARY of THE INTERIOR OF LANDS TO THE STATE, UNDER SWAMP AND WAGON ROAD GRANTS.— On [[March 12]], [[1860]] (12Stat3), congress granted the lands that were "wet and unfit for cultivation" within the limits of Oregon to the state, to be selected by the state from the lands thereafter surveyed " within two years from the adjournment of the legislature at the next session after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed," and then certified by the secretary of the interior, if found to come within the operation of the act, and patented to the state, on which the fee shall vest in the state. On [[July 2]], [[1864]], congress granted to the state, to aid in the construction of a military wagon road from '''[[Eugene]]''' to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections in width on each side of said road," as the same may be located. On [[October 24]], [[1864]], the legislature of the state transferred this grant to the Oregon Central Military Road company, who in due time constructed the
road. On [[December 27]], [[1886]], the survey of section twenty-one, in township thirty-six, of range fourteen east, of the Willamette meridian, was duly confirmed, of which fact the governor of the state had due notice before the session of the legislature held in 1868. On [[April 18]], [[1871]],
the secretary of the interior, on the recommendation of the commissioner of the general land office, approved the selection of section twenty one, tinder the wagon road grant, and certified the same to said road company as the grantee of the state. On [[September 16]], [[1882]], said section twenty-
one was erroneously included in a list of lands then certified by the secretary to the state, under the swamp land act; and on [[January 4]], [[1883]], the commissioner, as to said section twenty-one, recalled said certificate, as having been erroneously made, and notified the governor of the state
thereof. On '''[[May 11]]''', '''[[1877]]''', the defendant purchased the east half and the southwest quarter of section twenty-one, from the state land commissioners, under the act of '''[[October 26]]''', '''[[1870]]''', for the sale of swamp lands, paying ninety-six dollars down, and the balance — four hundred and eighty dollars — on [[December 12]], [[1883]], when he received a deed therefor from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent that the selection of lands thereunder is made within the time limited therein; and on failure to do so, the grant lapsed and became of no effect;

II. The legal title to land selected under the swamp land act does not vest in the state until a patent is issued therefor, which patent, when issued, relates back to the date of the grant;

III. By section 2 of the act of 1860 the duty is devolved on the state to select the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of the question of fact cannot be impeached or questioned elsewhere except in a court of equity for fraud or mistake other than an error of judgment;

IV. It was also the duty of the secretary of the interior, by virtue of his general control over the subject of the disposition of the public lands, to ascertain and determine what lands inured to the state or its grantee, the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road company under said act, he thereby determined that it did not inure to the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the secretary was a mere clerical error that the department had a right to correct, as it did; but the section having already been certified to the grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to the plaintiff's grantor under the wagon road grant, the defendant, as the grantee of the state, is estopped, as against the plaintiff, to assert or maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PROPERTY. — A cause of action for damages for withholding the possession of real property may be joined with one for the possession of such property, but it must be separately stated, and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during his term, nor during the possession taken or acquired under the lease, deny his landlord's title.

Before DEADY, District Judge

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph

Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the defendant.

DEADY, J. This action is brought to recover the possession of the west half of section twenty-one, in township thirty-sixth south, of range "four teen east, of the Willamette meridian.

It is alleged in the complaint that the plaintiff is the owner in fee of the premises, and is entitled to the possession thereof, which the defendant wrongfully withholds from him, to his damage one thousand dollars. 1887.] And by way of giving the court jurisdiction of an action between parties who do not appear to be citizens of different states, it is further alleged that the plaintiff derives title to the premises under the act of congress of July 2, 1884, entitled "An act granting lands to the state of Oregon to aid in the construction of a military road from Eugene to the eastern boundary of said state;" that the defendant claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions of an act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits, to Minnesota and Oregon, and for other purposes, " whereby the question arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the complaint concerning the ownership and right to the possession of the premises, and alleges that he is the owner of and entitled to the possession of the same; which allegations are controverted by the replication. The case was tried by the court without the intervention of a jury.

The evidence given on the trial consists of certain documents admitted under stipulation for their legal effect, and certain oral testimony concerning the value of the use and occupation of the premises and of a certain fence and ditch which the defendant claims to have constructed on the
premises, and also on the question of whether the land is in fact swamp land or not, which oral evidence was received subject to objection for incompetency. The material facts on which the plaintiff founds his claim are these:

On July 2, 1864, congress, for the purpose of aiding "in the construction of a military road " from Eugene to the eastern boundary of the state, granted to the state the "alternate sections of the public lands, designated by odd numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (13 Stats., 355.)

The act contains a proviso, reserving from its operation "all lands heretofore reserved to the United States by act of congress or other competent authority." Provision is also made in the act for the disposition of the land when and as often as the governor of the state "shall certify to
the secretary of the interior that any ten continuous miles" of the road are completed.

The road was to be completed within five years; and if not, the land then indisposed of was to revert to the United States. But by the act of March 3, 1869 (15 Stats., 338), the time for its completion was extended to July 2, 1872.

On October 24, 1864 (Ses. L. 37), the state transferred the grant to the Oregon Central Military Road company for the purpose and "upon the condition and limitations" contained in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south, range fourteen west, was surveyed and the survey approved on December 27th of the same year, of which the governor of the state had due notice before the meeting of the legislature in 1868.

On February 16, 1869, the road company filed with the governor of the state a map of the location and line of the road from Eugene to the eastern boundary of the state; and on January 12, 1870, the governor certified that the road as delineated on said map was completed, as required by the
act of congress and the state legislature, which map and certificate were filed with the secretary of the interior on or before February 28, 1870.

On April 18, 1871, the commissioner of the general land office recommended for approval, a list of lands, numbered two and described as "lands 'in place' granted to the state of Oregon" by the acts of congress of 1864 and 1869 aforesaid, "to aid in the construction of a military road" from Eugene to the eastern boundary of the state, which includes the aforesaid section twenty-one, "subject to any valid interfering rights which may have existed at the date of selection;" and on April 21st of the same year the secretary of the interior approved the selection, subject to the same qualification.

On June 2, 1871, the Oregon Central Military Road company conveyed the west half of said section twenty-one to '''[[Pengra, Byron J.|B. J. Pengra]]''', and the east half of the same to the California and Oregon Land company. Afterwards, and before the commencement of this action B. J. Pengra and '''[[Pengra, Charlotte Emily|wife]]''' conveyed said west half to the plaintiff herein. It is also specially admitted that the plaintiff has succeeded to and now owns all the estate and interest in said west half, that said company ever owned or held therein, prior to the commencement of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect recited that congress had "granted" certain lands to the state of Oregon "to aid in the construction of certain military wagon roads " therein, and that there is no law for the issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor of the state, informing him that said section was "erroneously " included in said list five — the same having been theretofore "certified to the state for the Oregon Central Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12, 1871." On June 25, 1880, the plaintiff took a lease of the north half of the section for one year from the California and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land act of 1850 was extended over Oregon, with a proviso that the selections from the then surveyed lands shall be made within two years from the adjournment of the legislature, at its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment, at the next session, after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed."

The swamp land act has been said to be a grant in. pre-
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)

The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.

But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

The provision (sec. 2, act of 1860) limiting the time within
which the selections must be made after notice to the governor "
that the surveys have been completed and confirmed ''
is not in the original swamp land act. It was first
made a part thereof, so to speak, when the latter was
extended to Oregon. In my judgment, the purport and
effect of the section is to devolve on the state the duty of
making the selections in the first instance, whereupon it
becomes the duty of the secretary to ascertain and determine
whether such selections are "wet and unfit for cultivation "
within the meaning and terms of the act. But if the
selection is not made within the time prescribed, the grant
reverts to the United States. The selection within the time
is a condition precedent.

The wagon road grant was a grant in present of all the
odd numbered sections on either side of the road, and as
soon as the line of the same was designated it attached to
such sections, and took effect from the date of the act, subject
to the condition that the road was completed within the
time limited. (Shulenberger v. Harrison, 21 Wall. 60.)
This condition having been long since duly performed, the
grant became absolute in favor of the road company, the
grantee of the state.

The approval of the selection of section twenty-one, under
the act of 1864, by the secretary of the interior in April,
1871, gave the road company a perfect title thereto. The
subsequent passage of the act of 1874, authorizing patents
to issue in such cases, did not affect the title already vested.
The effect of a patent when issued under that act, is not to
pass the title, but to give the patentee record evidence of an
already existing one. (Laugdeau v. Hanes, 21 Wall. 529.)
Wherefore, it is of no moment that it does not appear that
a patent has issued to the state or its grantee for the
premises. The title of the latter was complete on the
approval by the secretary in 1874 of the selection of section
twenty-one, under the act of 1864.

As has been shown by the terms of the swamp land act,
the fee of any tract of land does not pass to the state until
the secretary has ascertained that it comes within its opera
1887.] Opinion of the Court— Deady, J.
tion and causes a patent to issue therefor. The official certificate
that the land is swamp only gives the state an equity
or right to a patent. Such an interest cannot be set up as
a defense in this action against the prima facie legal title of
the plaintiff. But admitting that the listing of the land aa
swamp vests the fee in the state, and that the patent thereon
is a mere formal matter, which follows, of course, the listing
of section twenty-one as swamp land in 1882, more than
three years after the same was certified to the state under
the wagon road grant, did not change or affect the rights of
the parties. Such listing, even if it had been deliberate
and intentional, in the face of the fact that the land had
already been duly listed to the state under the wagon road
grant, was simply void. (Smith v. Ewing, 23 Fed. Rep. 741.)
Bat the truth is, it was a mere mistake — probably a clerical
misprision — which the department corrected, as soon as
attention was called to it by the register and receiver of the
proper land office.
The power to correct such a mistake is necessarily implied
from the power to approve the selection and is supported
by authority. (Carrol v. Stafford, 3 How. 460; Le Roy v.
Clayton, 2 Sawy. 493; Bett v. Hearne, 19 How. 252.) And
as the act which constituted the mistake was void and the
right to the land had already been duly ascertained and set
forth, the result would be the same if it never had been corrected.
The authority to determine to which of the two grants to
the state this section twenty-one properly belonged, was
vested in the secretary of the interior, generally, by section
441 of the revised statutes, which gave him supervision —
final control — of the public business relating to the public
lands, and specially and particularly as to the grant of
swamp land, by the act making the same. .
In awarding this section to the wagon road grant, or
rather approving of its selection thereunder, the secretary
must, in legal contemplation, have decided that it was not
swamp. The decision, so far as appears, was duly made in
the regular course of business, in the administration of the
law relating to the subject, and with the evidence contained

in the public surveys, as to the character of the land before
him or within his official reach. The decision that the land
belonged to the wagon road grant was, in legal effect, also a
decision that it did not belong to the swamp land grant
The latter conclusion, under the circumstances, is a necessary
element of the former.
Nor can this conclusion be impeached or contradicted in
this action by oral evidence as to the character of the land.
Subject to the power of a court of equity in certain cases, to
correct or set aside the final action of the department, for
fraud or mistake, not a mere error of judgment, in disposing
of the public lands, its decisions on questions of fact
cannot be reviewed or called in question elsewhere. (Johnson
v. Towsley, 13 Wall. 72; Sharp v. Stevens, 6 Sawy. 48.)
Therefore, the oral evidence offered by the defendant concerning
the swampy character of this land, is incompetent,
and cannot be considered.
The state was the grantee in both these grants. It
accepted the land as part of the wagon road grant, or
allowed its grantee and agent to do so. At least, there is no evidence that it ever selected this section under the swamp land grant, and presented it for certification, as part thereof. And while this may have been done, it is morally certain that it was not done until after the premises were certified to the grantee of the state under the wagon road grant, nor until the grant had lapsed, for want of selection, within the time prescribed.

The non-action of the state in this matter probably arose from the fact that it was thought best that the land should go to the construction of the wagon road, which was then regarded as a meritorious enterprise. For long after this swamp land grant was made no interest was taken in it, nor was it generally understood that there was any considerable quantity of land in the state to which it was at all applicable.

For ten years the state took no steps to secure any land under it, preferring, as it appears, to make its selections under the grants for the benefit of roads and schools. The fact that some portions of these selections were damp enough to be called swamp, was no objection to them, but often a recommendation. And in my judgment, it would have been well if that policy had been continued. But be that as it may, in the meantime this land was formally selected and certified to the state, as wagon road land, with its acquiescence, if not active concurrence, and it is now estopped, as against the plaintiff, to deny that the premises are included in such grant, or to assert that it acquired them under the swamp land grant. And if the state is so estopped, so is its grantee, the defendant. The defendant defends for the whole of the west half of section twenty-one, but it does not appear from his own showing, that he has any claim to the north half thereof.

His purchase from the state only includes the east half and the southwest quarter of the section. But the claim of the defendant to be the owner of any part of the premises on the facts proven must fail on either of the following grounds:

1. At and before the defendant's purchase from the state under the swamp land grant, the right of the state thereunder had lapsed and become of no effect.

2. The land was already certified to the grantee of the state under the wagon road grant by the secretary of the interior, which certification is a final decision of the question as to the character of the land, and the grant under which it properly belonged, by a tribunal having exclusive jurisdiction of the same.

3. The defendant, as the grantee of the state against the plaintiff, is estopped to assert or maintain that the premises inured to the state under the swamp land grant, because the latter, in effect, procured the same to be certified to the plaintiff's grantor under the wagon road grant. In conclusion, I find that the plaintiff is the owner of the land in fee and entitled to the possession thereof. But no damages can be received for the occupation of the premises under the allegation in the complaint that the defendant wrongfully withholds the possession of the same from the plaintiff, to his damage one thousand dollars. An action to recover damages for the wrongful occupation of real property is the equivalent of the common law of action of trespass for mean profits. A cause of action for damages for withholding the possession of real property may be joined with one to recover such possession. But it must be separately stated and the statement must contain facts sufficient to support a separate action thereon. Ordinarily, only nominal damages can be recovered on the ad damnum clause for an ouster in an action to recover possession of real property. (Wythev. Meyers, 3 Sawy. 598; Lamed v. Hudson, 57 N. Y. 151.) In support of my conclusions in this case, I refer generally to Cahn v. Barnes, 1 Sawy. 48. The important questions involved herein were considered in that. I have gone carefully over the ground again in the light of the able and exhaustive argument of counsel for the defendant, but find no cause to change my opinion on the subject. There must be a finding for the plaintiff that he is the owner of the premises, and entitled to the possession thereof.

[[Category: Lane Count]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 19:15:14 GMT

Admin:

[[Pengra, William J|WILLIAM J. PENGRA]] v. J.F.MUNZ.

CIRCUIT COURT, DISTRICT OF OREGON.

[[February 14|FEBRUARY 14]], [[1887]].

1. CERTIFICATION BY THE SECRETARY of THE INTERIOR OF LANDS TO THE STATE, UNDER SWAMP AND WAGON ROAD GRANTS.— On [[March 12]], [[1860]] (12Stat3), congress granted the lands that were "wet and unfit for cultivation" within the limits of Oregon to the state, to be selected by the state from the lands thereafter surveyed " within two years from the adjournment of the legislature at the next session after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed," and then certified by the secretary of the interior, if found to come within the operation of the act, and patented to the state, on which the fee shall vest in the state. On [[July 2]], [[1864]], congress granted to the state, to aid in the construction of a military wagon road from '''[[Eugene]]''' to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections in width on each side of said road," as the same may be located. On [[October 24]], [[1864]], the legislature of the state transferred this grant to the Oregon Central Military Road company, who in due time constructed the
road. On [[December 27]], [[1886]], the survey of section twenty-one, in township thirty-six, of range fourteen east, of the Willamette meridian, was duly confirmed, of which fact the governor of the state had due notice before the session of the legislature held in 1868. On [[April 18]], [[1871]],
the secretary of the interior, on the recommendation of the commissioner of the general land office, approved the selection of section twenty one, tinder the wagon road grant, and certified the same to said road company as the grantee of the state. On [[September 16]], [[1882]], said section twenty-
one was erroneously included in a list of lands then certified by the secretary to the state, under the swamp land act; and on [[January 4]], [[1883]], the commissioner, as to said section twenty-one, recalled said certificate, as having been erroneously made, and notified the governor of the state
thereof. On [[May 11]], [[1877]], the defendant purchased the east half and the southwest quarter of section twenty-one, from the state land commissioners, under the act of [[October 26]], [[1870]], for the sale of swamp lands, paying ninety-six dollars down, and the balance — four hundred and eighty dollars — on [[December 12]], [[1883]], when he received a deed therefor from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent that the selection of lands thereunder is made within the time limited therein; and on failure to do so, the grant lapsed and became of no effect;

II. The legal title to land selected under the swamp land act does not vest in the state until a patent is issued therefor, which patent, when issued, relates back to the date of the grant;

III. By section 2 of the act of 1860 the duty is devolved on the state to select the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of the question of fact cannot be impeached or questioned elsewhere except in a court of equity for fraud or mistake other than an error of judgment;

IV. It was also the duty of the secretary of the interior, by virtue of his general control over the subject of the disposition of the public lands, to ascertain and determine what lands inured to the state or its grantee, the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road company under said act, he thereby determined that it did not inure to the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the secretary was a mere clerical error that the department had a right to correct, as it did; but the section having already been certified to the grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to the plaintiff's grantor under the wagon road grant, the defendant, as the grantee of the state, is estopped, as against the plaintiff, to assert or maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PROPERTY. — A cause of action for damages for withholding the possession of real property may be joined with one for the possession of such property, but it must be separately stated, and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during his term, nor during the possession taken or acquired under the lease, deny his landlord's title.

Before DEADY, District Judge

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph

Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the defendant.

DEADY, J. This action is brought to recover the possession of the west half of section twenty-one, in township thirty-sixth south, of range "four teen east, of the Willamette meridian.

It is alleged in the complaint that the plaintiff is the owner in fee of the premises, and is entitled to the possession thereof, which the defendant wrongfully withholds from him, to his damage one thousand dollars. 1887.] And by way of giving the court jurisdiction of an action between parties who do not appear to be citizens of different states, it is further alleged that the plaintiff derives title to the premises under the act of congress of July 2, 1884, entitled "An act granting lands to the state of Oregon to aid in the construction of a military road from Eugene to the eastern boundary of said state;" that the defendant claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions of an act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits, to Minnesota and Oregon, and for other purposes, " whereby the question arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the complaint concerning the ownership and right to the possession of the premises, and alleges that he is the owner of and entitled to the possession of the same; which allegations are controverted by the replication. The case was tried by the court without the intervention of a jury.

The evidence given on the trial consists of certain documents admitted under stipulation for their legal effect, and certain oral testimony concerning the value of the use and occupation of the premises and of a certain fence and ditch which the defendant claims to have constructed on the
premises, and also on the question of whether the land is in fact swamp land or not, which oral evidence was received subject to objection for incompetency. The material facts on which the plaintiff founds his claim are these:

On July 2, 1864, congress, for the purpose of aiding "in the construction of a military road " from Eugene to the eastern boundary of the state, granted to the state the "alternate sections of the public lands, designated by odd numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (13 Stats., 355.)

The act contains a proviso, reserving from its operation "all lands heretofore reserved to the United States by act of congress or other competent authority." Provision is also made in the act for the disposition of the land when and as often as the governor of the state "shall certify to
the secretary of the interior that any ten continuous miles" of the road are completed.

The road was to be completed within five years; and if not, the land then indisposed of was to revert to the United States. But by the act of March 3, 1869 (15 Stats., 338), the time for its completion was extended to July 2, 1872.

On October 24, 1864 (Ses. L. 37), the state transferred the grant to the Oregon Central Military Road company for the purpose and "upon the condition and limitations" contained in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south, range fourteen west, was surveyed and the survey approved on December 27th of the same year, of which the governor of the state had due notice before the meeting of the legislature in 1868.

On February 16, 1869, the road company filed with the governor of the state a map of the location and line of the road from Eugene to the eastern boundary of the state; and on January 12, 1870, the governor certified that the road as delineated on said map was completed, as required by the
act of congress and the state legislature, which map and certificate were filed with the secretary of the interior on or before February 28, 1870.

On April 18, 1871, the commissioner of the general land office recommended for approval, a list of lands, numbered two and described as "lands 'in place' granted to the state of Oregon" by the acts of congress of 1864 and 1869 aforesaid, "to aid in the construction of a military road" from Eugene to the eastern boundary of the state, which includes the aforesaid section twenty-one, "subject to any valid interfering rights which may have existed at the date of selection;" and on April 21st of the same year the secretary of the interior approved the selection, subject to the same qualification.

On June 2, 1871, the Oregon Central Military Road company conveyed the west half of said section twenty-one to '''[[Pengra, Byron J.|B. J. Pengra]]''', and the east half of the same to the California and Oregon Land company. Afterwards, and before the commencement of this action B. J. Pengra and wife conveyed said west half to the plaintiff herein. It is also specially admitted that the plaintiff has succeeded to and now owns all the estate and interest in said west half, that said company ever owned or held therein, prior to the commencement of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect recited that congress had "granted" certain lands to the state of Oregon "to aid in the construction of certain military wagon roads " therein, and that there is no law for the issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor of the state, informing him that said section was "erroneously " included in said list five — the same having been theretofore "certified to the state for the Oregon Central Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12, 1871." On June 25, 1880, the plaintiff took a lease of the north half of the section for one year from the California and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land act of 1850 was extended over Oregon, with a proviso that the selections from the then surveyed lands shall be made within two years from the adjournment of the legislature, at its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment, at the next session, after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed."

The swamp land act has been said to be a grant in. pre-
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)

The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.

But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

The provision (sec. 2, act of 1860) limiting the time within
which the selections must be made after notice to the governor "
that the surveys have been completed and confirmed ''
is not in the original swamp land act. It was first
made a part thereof, so to speak, when the latter was
extended to Oregon. In my judgment, the purport and
effect of the section is to devolve on the state the duty of
making the selections in the first instance, whereupon it
becomes the duty of the secretary to ascertain and determine
whether such selections are "wet and unfit for cultivation "
within the meaning and terms of the act. But if the
selection is not made within the time prescribed, the grant
reverts to the United States. The selection within the time
is a condition precedent.

The wagon road grant was a grant in present of all the
odd numbered sections on either side of the road, and as
soon as the line of the same was designated it attached to
such sections, and took effect from the date of the act, subject
to the condition that the road was completed within the
time limited. (Shulenberger v. Harrison, 21 Wall. 60.)
This condition having been long since duly performed, the
grant became absolute in favor of the road company, the
grantee of the state.

The approval of the selection of section twenty-one, under
the act of 1864, by the secretary of the interior in April,
1871, gave the road company a perfect title thereto. The
subsequent passage of the act of 1874, authorizing patents
to issue in such cases, did not affect the title already vested.
The effect of a patent when issued under that act, is not to
pass the title, but to give the patentee record evidence of an
already existing one. (Laugdeau v. Hanes, 21 Wall. 529.)
Wherefore, it is of no moment that it does not appear that
a patent has issued to the state or its grantee for the
premises. The title of the latter was complete on the
approval by the secretary in 1874 of the selection of section
twenty-one, under the act of 1864.

As has been shown by the terms of the swamp land act,
the fee of any tract of land does not pass to the state until
the secretary has ascertained that it comes within its opera
1887.] Opinion of the Court— Deady, J.
tion and causes a patent to issue therefor. The official certificate
that the land is swamp only gives the state an equity
or right to a patent. Such an interest cannot be set up as
a defense in this action against the prima facie legal title of
the plaintiff. But admitting that the listing of the land aa
swamp vests the fee in the state, and that the patent thereon
is a mere formal matter, which follows, of course, the listing
of section twenty-one as swamp land in 1882, more than
three years after the same was certified to the state under
the wagon road grant, did not change or affect the rights of
the parties. Such listing, even if it had been deliberate
and intentional, in the face of the fact that the land had
already been duly listed to the state under the wagon road
grant, was simply void. (Smith v. Ewing, 23 Fed. Rep. 741.)
Bat the truth is, it was a mere mistake — probably a clerical
misprision — which the department corrected, as soon as
attention was called to it by the register and receiver of the
proper land office.
The power to correct such a mistake is necessarily implied
from the power to approve the selection and is supported
by authority. (Carrol v. Stafford, 3 How. 460; Le Roy v.
Clayton, 2 Sawy. 493; Bett v. Hearne, 19 How. 252.) And
as the act which constituted the mistake was void and the
right to the land had already been duly ascertained and set
forth, the result would be the same if it never had been corrected.
The authority to determine to which of the two grants to
the state this section twenty-one properly belonged, was
vested in the secretary of the interior, generally, by section
441 of the revised statutes, which gave him supervision —
final control — of the public business relating to the public
lands, and specially and particularly as to the grant of
swamp land, by the act making the same. .
In awarding this section to the wagon road grant, or
rather approving of its selection thereunder, the secretary
must, in legal contemplation, have decided that it was not
swamp. The decision, so far as appears, was duly made in
the regular course of business, in the administration of the
law relating to the subject, and with the evidence contained

in the public surveys, as to the character of the land before
him or within his official reach. The decision that the land
belonged to the wagon road grant was, in legal effect, also a
decision that it did not belong to the swamp land grant
The latter conclusion, under the circumstances, is a necessary
element of the former.
Nor can this conclusion be impeached or contradicted in
this action by oral evidence as to the character of the land.
Subject to the power of a court of equity in certain cases, to
correct or set aside the final action of the department, for
fraud or mistake, not a mere error of judgment, in disposing
of the public lands, its decisions on questions of fact
cannot be reviewed or called in question elsewhere. (Johnson
v. Towsley, 13 Wall. 72; Sharp v. Stevens, 6 Sawy. 48.)
Therefore, the oral evidence offered by the defendant concerning
the swampy character of this land, is incompetent,
and cannot be considered.
The state was the grantee in both these grants. It
accepted the land as part of the wagon road grant, or
allowed its grantee and agent to do so. At least, there is no evidence that it ever selected this section under the swamp land grant, and presented it for certification, as part thereof. And while this may have been done, it is morally certain that it was not done until after the premises were certified to the grantee of the state under the wagon road grant, nor until the grant had lapsed, for want of selection, within the time prescribed.

The non-action of the state in this matter probably arose from the fact that it was thought best that the land should go to the construction of the wagon road, which was then regarded as a meritorious enterprise. For long after this swamp land grant was made no interest was taken in it, nor was it generally understood that there was any considerable quantity of land in the state to which it was at all applicable.

For ten years the state took no steps to secure any land under it, preferring, as it appears, to make its selections under the grants for the benefit of roads and schools. The fact that some portions of these selections were damp enough to be called swamp, was no objection to them, but often a recommendation. And in my judgment, it would have been well if that policy had been continued. But be that as it may, in the meantime this land was formally selected and certified to the state, as wagon road land, with its acquiescence, if not active concurrence, and it is now estopped, as against the plaintiff, to deny that the premises are included in such grant, or to assert that it acquired them under the swamp land grant. And if the state is so estopped, so is its grantee, the defendant. The defendant defends for the whole of the west half of section twenty-one, but it does not appear from his own showing, that he has any claim to the north half thereof.

His purchase from the state only includes the east half and the southwest quarter of the section. But the claim of the defendant to be the owner of any part of the premises on the facts proven must fail on either of the following grounds:

1. At and before the defendant's purchase from the state under the swamp land grant, the right of the state thereunder had lapsed and become of no effect.

2. The land was already certified to the grantee of the state under the wagon road grant by the secretary of the interior, which certification is a final decision of the question as to the character of the land, and the grant under which it properly belonged, by a tribunal having exclusive jurisdiction of the same.

3. The defendant, as the grantee of the state against the plaintiff, is estopped to assert or maintain that the premises inured to the state under the swamp land grant, because the latter, in effect, procured the same to be certified to the plaintiff's grantor under the wagon road grant. In conclusion, I find that the plaintiff is the owner of the land in fee and entitled to the possession thereof. But no damages can be received for the occupation of the premises under the allegation in the complaint that the defendant wrongfully withholds the possession of the same from the plaintiff, to his damage one thousand dollars. An action to recover damages for the wrongful occupation of real property is the equivalent of the common law of action of trespass for mean profits. A cause of action for damages for withholding the possession of real property may be joined with one to recover such possession. But it must be separately stated and the statement must contain facts sufficient to support a separate action thereon. Ordinarily, only nominal damages can be recovered on the ad damnum clause for an ouster in an action to recover possession of real property. (Wythev. Meyers, 3 Sawy. 598; Lamed v. Hudson, 57 N. Y. 151.) In support of my conclusions in this case, I refer generally to Cahn v. Barnes, 1 Sawy. 48. The important questions involved herein were considered in that. I have gone carefully over the ground again in the light of the able and exhaustive argument of counsel for the defendant, but find no cause to change my opinion on the subject. There must be a finding for the plaintiff that he is the owner of the premises, and entitled to the possession thereof.

[[Category: Lane Count]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 18:55:20 GMT

Admin:

[[Pengra, William J|WILLIAM J. PENGRA]] v. J.F.MUNZ.

CIRCUIT COURT, DISTRICT OF OREGON.

[[February 14|FEBRUARY 14]], [[1887]].

1. CERTIFICATION BY THE SECRETARY of THE INTERIOR OF LANDS TO THE STATE, UNDER SWAMP AND WAGON ROAD GRANTS.— On [[March 12]], [[1860]] (12Stat3), congress granted the lands that were "wet and unfit for cultivation" within the limits of Oregon to the state, to be selected by the state from the lands thereafter surveyed " within two years from the adjournment of the legislature at the next session after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed," and then certified by the secretary of the interior, if found to come within the operation of the act, and patented to the state, on which the fee shall vest in the state. On [[July 2]], [[1864]], congress granted to the state, to aid in the construction of a military wagon road from '''[[Eugene]]''' to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections in width on each side of said road," as the same may be located. On [[October 24]], [[1864]], the legislature of the state transferred this grant to the Oregon Central Military Road company, who in due time constructed the
road. On [[December 27]], [[1886]], the survey of section twenty-one, in township thirty-six, of range fourteen east, of the Wallamet meridian, was duly confirmed, of which fact the governor of the state had due notice before the session of the legislature held in 1868. On [[April 18]], [[1871]],
the secretary of the interior, on the recommendation of the commissioner of the general land office, approved the selection of section twenty one, tinder the wagon road grant, and certified the same to said road company as the grantee of the state. On [[September 16]], [[1882]], said section twenty-
one was erroneously included in a list of lands then certified by the secretary to the state, under the swamp land act; and on [[January 4]], [[1883]], the commissioner, as to said section twenty-one, recalled said certificate, as having been erroneously made, and notified the governor of the state
thereof. On [[May 11]], [[1877]], the defendant purchased the east half and the southwest quarter of section twenty-one, from the state land commissioners, under the act of [[October 26]], [[1870]], for the sale of swamp lands, paying ninety-six dollars down, and the balance — four hundred and eighty dollars — on [[December 12]], [[1883]], when he received a deed therefor from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent that the selection of lands thereunder is made within the time limited therein; and on failure to do so, the grant lapsed and became of no effect;

II. The legal title to land selected under the swamp land act does not vest in the state until a patent is issued therefor, which patent, when issued, relates back to the date of the grant;

III. By section 2 of the act of 1860 the duty is devolved on the state to select the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of the question of fact cannot be impeached or questioned elsewhere except in a court of equity for fraud or mistake other than an error of judgment;

IV. It was also the duty of the secretary of the interior, by virtue of his general control over the subject of the disposition of the public lands, to ascertain and determine what lands inured to the state or its grantee, the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road company under said act, he thereby determined that it did not inure to the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the secretary was a mere clerical error that the department had a right to correct, as it did; but the section having already been certified to the grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to the plaintiff's grantor under the wagon road grant, the defendant, as the grantee of the state, is estopped, as against the plaintiff, to assert or maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PROPERTY. — A cause of action for damages for withholding the possession of real property may be joined with one for the possession of such property, but it must be separately stated, and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during his term, nor during the possession taken or acquired under the lease, deny his landlord's title.

Before DEADY, District Judge

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph

Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the defendant.

DEADY, J. This action is brought to recover the possession of the west half of section twenty-one, in township thirty-sixth south, of range "four teen east, of the Willamette meridian.

It is alleged in the complaint that the plaintiff is the owner in fee of the premises, and is entitled to the possession thereof, which the defendant wrongfully withholds from him, to his damage one thousand dollars. 1887.] And by way of giving the court jurisdiction of an action between parties who do not appear to be citizens of different states, it is further alleged that the plaintiff derives title to the premises under the act of congress of July 2, 1884, entitled "An act granting lands to the state of Oregon to aid in the construction of a military road from Eugene to the eastern boundary of said state;" that the defendant claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions of an act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits, to Minnesota and Oregon, and for other purposes, " whereby the question arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the complaint concerning the ownership and right to the possession of the premises, and alleges that he is the owner of and entitled to the possession of the same; which allegations are controverted by the replication. The case was tried by the court without the intervention of a jury.

The evidence given on the trial consists of certain documents admitted under stipulation for their legal effect, and certain oral testimony concerning the value of the use and occupation of the premises and of a certain fence and ditch which the defendant claims to have constructed on the
premises, and also on the question of whether the land is in fact swamp land or not, which oral evidence was received subject to objection for incompetency. The material facts on which the plaintiff founds his claim are these:

On July 2, 1864, congress, for the purpose of aiding "in the construction of a military road " from Eugene to the eastern boundary of the state, granted to the state the "alternate sections of the public lands, designated by odd numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (13 Stats., 355.)

The act contains a proviso, reserving from its operation "all lands heretofore reserved to the United States by act of congress or other competent authority." Provision is also made in the act for the disposition of the land when and as often as the governor of the state "shall certify to
the secretary of the interior that any ten continuous miles" of the road are completed.

The road was to be completed within five years; and if not, the land then indisposed of was to revert to the United States. But by the act of March 3, 1869 (15 Stats., 338), the time for its completion was extended to July 2, 1872.

On October 24, 1864 (Ses. L. 37), the state transferred the grant to the Oregon Central Military Road company for the purpose and "upon the condition and limitations" contained in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south, range fourteen west, was surveyed and the survey approved on December 27th of the same year, of which the governor of the state had due notice before the meeting of the legislature in 1868.

On February 16, 1869, the road company filed with the governor of the state a map of the location and line of the road from Eugene to the eastern boundary of the state; and on January 12, 1870, the governor certified that the road as delineated on said map was completed, as required by the
act of congress and the state legislature, which map and certificate were filed with the secretary of the interior on or before February 28, 1870.

On April 18, 1871, the commissioner of the general land office recommended for approval, a list of lands, numbered two and described as "lands 'in place' granted to the state of Oregon" by the acts of congress of 1864 and 1869 aforesaid, "to aid in the construction of a military road" from Eugene to the eastern boundary of the state, which includes the aforesaid section twenty-one, "subject to any valid interfering rights which may have existed at the date of selection;" and on April 21st of the same year the secretary of the interior approved the selection, subject to the same qualification.

On June 2, 1871, the Oregon Central Military Road company conveyed the west half of said section twenty-one to [[Pengra, Byron J|B. J. Pengra]], and the east half of the same to the California and Oregon Land company. Afterwards, and before the commencement of this action B. J. Pengra and wife conveyed said west half to the plaintiff herein. It is also specially admitted that the plaintiff has succeeded to and now owns all the estate and interest in said west half, that said company ever owned or held therein, prior to the commencement of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect recited that congress had "granted" certain lands to the state of Oregon "to aid in the construction of certain military wagon roads " therein, and that there is no law for the issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor of the state, informing him that said section was "erroneously " included in said list five — the same having been theretofore "certified to the state for the Oregon Central Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12, 1871." On June 25, 1880, the plaintiff took a lease of the north half of the section for one year from the California and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land act of 1850 was extended over Oregon, with a proviso that the selections from the then surveyed lands shall be made within two years from the adjournment of the legislature, at its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment, at the next session, after notice by the secretary of the interior to the governor of the state that the surveys have been completed and confirmed."

The swamp land act has been said to be a grant in. pre-
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)

The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.

But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

The provision (sec. 2, act of 1860) limiting the time within
which the selections must be made after notice to the governor "
that the surveys have been completed and confirmed ''
is not in the original swamp land act. It was first
made a part thereof, so to speak, when the latter was
extended to Oregon. In my judgment, the purport and
effect of the section is to devolve on the state the duty of
making the selections in the first instance, whereupon it
becomes the duty of the secretary to ascertain and determine
whether such selections are "wet and unfit for cultivation "
within the meaning and terms of the act. But if the
selection is not made within the time prescribed, the grant
reverts to the United States. The selection within the time
is a condition precedent.

The wagon road grant was a grant in present of all the
odd numbered sections on either side of the road, and as
soon as the line of the same was designated it attached to
such sections, and took effect from the date of the act, subject
to the condition that the road was completed within the
time limited. (Shulenberger v. Harrison, 21 Wall. 60.)
This condition having been long since duly performed, the
grant became absolute in favor of the road company, the
grantee of the state.

The approval of the selection of section twenty-one, under
the act of 1864, by the secretary of the interior in April,
1871, gave the road company a perfect title thereto. The
subsequent passage of the act of 1874, authorizing patents
to issue in such cases, did not affect the title already vested.
The effect of a patent when issued under that act, is not to
pass the title, but to give the patentee record evidence of an
already existing one. (Laugdeau v. Hanes, 21 Wall. 529.)
Wherefore, it is of no moment that it does not appear that
a patent has issued to the state or its grantee for the
premises. The title of the latter was complete on the
approval by the secretary in 1874 of the selection of section
twenty-one, under the act of 1864.

As has been shown by the terms of the swamp land act,
the fee of any tract of land does not pass to the state until
the secretary has ascertained that it comes within its opera
1887.] Opinion of the Court— Deady, J.
tion and causes a patent to issue therefor. The official certificate
that the land is swamp only gives the state an equity
or right to a patent. Such an interest cannot be set up as
a defense in this action against the prima facie legal title of
the plaintiff. But admitting that the listing of the land aa
swamp vests the fee in the state, and that the patent thereon
is a mere formal matter, which follows, of course, the listing
of section twenty-one as swamp land in 1882, more than
three years after the same was certified to the state under
the wagon road grant, did not change or affect the rights of
the parties. Such listing, even if it had been deliberate
and intentional, in the face of the fact that the land had
already been duly listed to the state under the wagon road
grant, was simply void. (Smith v. Ewing, 23 Fed. Rep. 741.)
Bat the truth is, it was a mere mistake — probably a clerical
misprision — which the department corrected, as soon as
attention was called to it by the register and receiver of the
proper land office.
The power to correct such a mistake is necessarily implied
from the power to approve the selection and is supported
by authority. (Carrol v. Stafford, 3 How. 460; Le Roy v.
Clayton, 2 Sawy. 493; Bett v. Hearne, 19 How. 252.) And
as the act which constituted the mistake was void and the
right to the land had already been duly ascertained and set
forth, the result would be the same if it never had been corrected.
The authority to determine to which of the two grants to
the state this section twenty-one properly belonged, was
vested in the secretary of the interior, generally, by section
441 of the revised statutes, which gave him supervision —
final control — of the public business relating to the public
lands, and specially and particularly as to the grant of
swamp land, by the act making the same. .
In awarding this section to the wagon road grant, or
rather approving of its selection thereunder, the secretary
must, in legal contemplation, have decided that it was not
swamp. The decision, so far as appears, was duly made in
the regular course of business, in the administration of the
law relating to the subject, and with the evidence contained

in the public surveys, as to the character of the land before
him or within his official reach. The decision that the land
belonged to the wagon road grant was, in legal effect, also a
decision that it did not belong to the swamp land grant
The latter conclusion, under the circumstances, is a necessary
element of the former.
Nor can this conclusion be impeached or contradicted in
this action by oral evidence as to the character of the land.
Subject to the power of a court of equity in certain cases, to
correct or set aside the final action of the department, for
fraud or mistake, not a mere error of judgment, in disposing
of the public lands, its decisions on questions of fact
cannot be reviewed or called in question elsewhere. (Johnson
v. Towsley, 13 Wall. 72; Sharp v. Stevens, 6 Sawy. 48.)
Therefore, the oral evidence offered by the defendant concerning
the swampy character of this land, is incompetent,
and cannot be considered.
The state was the grantee in both these grants. It
accepted the land as part of the wagon road grant, or
allowed its grantee and agent to do so. At least, there is no evidence that it ever selected this section under the swamp land grant, and presented it for certification, as part thereof. And while this may have been done, it is morally certain that it was not done until after the premises were certified to the grantee of the state under the wagon road grant, nor until the grant had lapsed, for want of selection, within the time prescribed.

The non-action of the state in this matter probably arose from the fact that it was thought best that the land should go to the construction of the wagon road, which was then regarded as a meritorious enterprise. For long after this swamp land grant was made no interest was taken in it, nor was it generally understood that there was any considerable quantity of land in the state to which it was at all applicable.

For ten years the state took no steps to secure any land under it, preferring, as it appears, to make its selections under the grants for the benefit of roads and schools. The fact that some portions of these selections were damp enough to be called swamp, was no objection to them, but often a recommendation. And in my judgment, it would have been well if that policy had been continued. But be that as it may, in the meantime this land was formally selected and certified to the state, as wagon road land, with its acquiescence, if not active concurrence, and it is now estopped, as against the plaintiff, to deny that the premises are included in such grant, or to assert that it acquired them under the swamp land grant. And if the state is so estopped, so is its grantee, the defendant. The defendant defends for the whole of the west half of section twenty-one, but it does not appear from his own showing, that he has any claim to the north half thereof.

His purchase from the state only includes the east half and the southwest quarter of the section. But the claim of the defendant to be the owner of any part of the premises on the facts proven must fail on either of the following grounds:

1. At and before the defendant's purchase from the state under the swamp land grant, the right of the state thereunder had lapsed and become of no effect.

2. The land was already certified to the grantee of the state under the wagon road grant by the secretary of the interior, which certification is a final decision of the question as to the character of the land, and the grant under which it properly belonged, by a tribunal having exclusive jurisdiction of the same.

3. The defendant, as the grantee of the state against the plaintiff, is estopped to assert or maintain that the premises inured to the state under the swamp land grant, because the latter, in effect, procured the same to be certified to the plaintiff's grantor under the wagon road grant. In conclusion, I find that the plaintiff is the owner of the land in fee and entitled to the possession thereof. But no damages can be received for the occupation of the premises under the allegation in the complaint that the defendant wrongfully withholds the possession of the same from the plaintiff, to his damage one thousand dollars. An action to recover damages for the wrongful occupation of real property is the equivalent of the common law of action of trespass for mean profits. A cause of action for damages for withholding the possession of real property may be joined with one to recover such possession. But it must be separately stated and the statement must contain facts sufficient to support a separate action thereon. Ordinarily, only nominal damages can be recovered on the ad damnum clause for an ouster in an action to recover possession of real property. (Wythev. Meyers, 3 Sawy. 598; Lamed v. Hudson, 57 N. Y. 151.) In support of my conclusions in this case, I refer generally to Cahn v. Barnes, 1 Sawy. 48. The important questions involved herein were considered in that. I have gone carefully over the ground again in the light of the able and exhaustive argument of counsel for the defendant, but find no cause to change my opinion on the subject. There must be a finding for the plaintiff that he is the owner of the premises, and entitled to the possession thereof.

[[Category: Lane Count]]

Pengra, William J

Admin — Thu, 06 Nov 2008 18:39:33 GMT

Admin:

=Census 1880=

William Joel Pengra
Birth: 1857 - city, Lane, Oregon
Death: date - city, Lane, Oregon

Stella Maria Pengra
Birth: 1850 - Winnebago, Illinois, USA

Avery Wert Pengra
Birth: 1852 - Winnebago, Illinois, USA

Ella Velina Pengra
Birth: 1855 - city, Oregon, USA

George Bynon Pengra
Birth: 1857 - city, Oregon, USA

Emma Belle Pengra
Birth: 1860 - Lane, Oregon, USA

Anna Fidelia Pengra
Birth: 1862 - city, Lane, Oregon
Death: date - city, Alameda, California

Bynon John Pengra
Birth: 1823 - New York

Billie Pengra
Birth: 1856

=Tombstone=

Located in the [[Laurel Hill Cemetery]] in [[Glenwood]], Oregon.

It reads:

<TABLE width=200><TR><TD colspan="2" align=center>Pengra</TD></TR>

<TR><TD>William J.</TD><TD>[[Pengra, Margaret A|Margaret A.]]</TD></TR>

<TR><TD>[[1857]]-[[1927]] </TD><TD> [[1854]]-[[1937]]</TD></TR></TABLE>

==Related Articles==

[[William J. Pengra v. J.F. Munz]]

[[Category:Springfield residents (1800s)]] [[Category:Springfield residents (1900s)]] [[Category:industrial]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 18:38:55 GMT

Admin:

[[Pengra, William J|WILLIAM J. PENGRA]] v. J.F.MUNZ.

CIRCUIT COURT, DISTBICT OF OREGON.

FEBRUARY, 14, 1887.

1. CERTIFICATION BY THK SKCKKTABY or THE INTERIOR OF LANDS TO THE STATE,
UNDKB SWAMP AND WAGON EOAD GBANTS.— On March 12, 1860 (12Stat3),
congress granted the lands that were "wet and unfit for cultivation"
within the limits of Oregon to the state, to be selected by the state from
the lands thereafter surveyed " within two years from the adjournment
of the legislature at the next session after notice by the secretary of the
interior to the governor of the state that the surveys have been completed
and confirmed," and then certified by the secretary of the interior, if
found to come within the operation of the act, and patented to the
state, on which the fee shall vest in the state. On July 2, 1864, congress
granted to the state, to aid in the construction of a military wagon road
from Eugene to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections
in width on each side of said road," as the same may be located. On
October 24, 1864, the legislature of the state transferred this grant to the
Oregon Central Military Road company, who in due time constructed the
road. On December 27, 1886, the survey of section twenty-one, in
township thirty-six, of range fourteen east, of the Wallamet meridian, was
duly confirmed, of which fact the governor of the state had due notice
before the session of the legislature held in 1868. On April 18, 1871,
the secretary of the interior, on the recommendation of the commissioner
of the general land office, approved the selection of section twenty one,
tinder the wagon road grant, and certified the same to said road company
as the grantee of the state. On September 16, 1882, said section twenty-
one was erroneously included in a list of lands then certified by the secretary
to the state, under the swamp land act; and on January 4, 1883,
the commissioner, as to said section twenty-one, recalled said certificate,
as having been erroneously made, and notified the governor of the state
thereof. On May 11, 1877, the defendant purchased the east half and
the southwest quarter of section twenty-one, from the state land commissioners,
under the act of October 26, 1870, for the sale of swamp
lands, paying ninety-six dollars down, and the balance — four hundred
and eighty dollars — on December 12, 1883, when he received a deed therefor
from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent
that the selection of lands thereunder is made within the time limited
therein; and on failure to do so, the grant lapsed and became of no
effect;

n. The legal title to land selected under the swamp land act does not vest in
the state until a patent is issued therefor, which patent, when issued,
relates back to the date of the grant;
Hi. By section 2 of the act of 1860 the duty is devolved on the state to select
the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to
ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of
the question of fact cannot be impeached or questioned elsewhere except
in a court of equity for fraud or mistake other than an error of judgment;
rv. It was also the duty of the secretary of the interior, by virtue of his
general control over the subject of the disposition of the public lands,
to ascertain and determine what lands inured to the state or its grantee,
the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road
company under said act, he thereby determined that it did not inure to
the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the
secretary was a mere clerical error that the department had a right to
correct, as it did; but the section having already been certified to the
grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to
the plaintiff ' s grantor under the wagon road grant, the defendant, as the
grantee of the state, is estopped, as against the plaintiff, to assert or
maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PBOFERTY. — A cause of action for damages
for withholding the possession of real property may be joined with
one for the possession of such property, but it must be separately stated,
and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during hia
term, nor during the possession taken or acquired under the lease, deny
his landlord's title.
Before DEADY, District Judge.

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph
Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the
defendant.

DEADY, J. This action is brought to recover the possession
of the west half of section twenty-one, in township
thirty-sixth south, of range "four teen east, of the Wallamet
meridian.

It is alleged in the complaint that the plaintiff is the
owner in fee of the premises, and is entitled to the possession
thereof, which the defendant wrongfully withholds from
him, to his damage one thousand dollars. 1887.] Opinion of the Court— Deady, J. And by way232 [Cir. Ct. PENGRA v. MXTNZ.

Opinion of the Court — Deady, J. [February,
1887.] Opinion of the Court— Deady, J.
And by way of giving the court jurisdiction of an action
between parties who do not appear to be citizens of different
states, it is further alleged that the plaintiff derives title
to the premises under the act of congress of July 2, 1884,
entitled "An act granting lands to the state of Oregon to
aid in the construction of a military road from Eugene to
the eastern boundary of said state;" that the defendant
claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions
of an act to enable the state of Arkansas and other states
to reclaim the swamp lands within their limits, to Minnesota
and Oregon, and for other purposes, " whereby the question
arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds
in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the
complaint concerning the ownership and right to the possession
of the premises, and alleges that he is the owner of and
entitled to the possession of the same; which allegations
are controverted by the replication.
The case was tried by the court without the intervention
of a jury.

The evidence given on the trial consists of certain documents
admitted under stipulation for their legal effect, and
certain oral testimony concerning the value of the use and
occupation of the premises and of a certain fence and ditch
which the defendant claims to have constructed on the
premises, and also on the question of whether the land is
in fact swamp land or not, which oral evidence was received
subject to objection for incompetency.
The material facts on which the plaintiff founds his claim
are these :

On July 2, 1864, congress, for the purpose of aiding "in
the construction of a military road " from Eugene to the
eastern boundary of the state, granted to the state the "
alternate sections of the public lands, designated by odd
numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (
13 Stats., 355.)

Opinion of the Court— Deady, J. [February,
The act contains a proviso, reserving from its operation "
all lands heretofore reserved to the United States by act
of congress or other competent authority." Provision is
also made in the act for the disposition of the land when
and as often as the governor of the state ' ' shall certify to
the secretary of the interior that any ten continuous miles "
of the road are completed.

The road was to be completed within five years; and if
not, the land then indisposed of was to revert to the United
States. But by the act of March 3, 1869 (15 Stats., 338),
the time for its completion was extended to July 2, 1872.
On October 24, 1864 (Ses. L. 37), the state transferred
the grant to the Oregon Central Military Road company for
the purpose and " upon the condition and limitations" contained
in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south,
range fourteen west, was surveyed and the survey approved
on December 27th of the same year, of which the governor
of the state had due notice before the meeting of the legislature
in 1868.

On February 16, 1869, the road company filed with the
governor of the state a map of the location and line of the
road from Eugene to the eastern boundary of the state; and
on January 12, 1870, the governor certified that the road as
delineated on said map was completed, as required by the
act of congress and the state legislature, which map and
certificate were filed with the secretary of the interior on or
before February 28, 1870.

On April 18, 1871, the commissioner of the general land
office recommended for approval, a list of lands, numbered
two and described as " lands 'in place ' granted to the state
of Oregon " by the acts of congress of 1864 and 1869 aforesaid, "
to aid in the construction of a military road "from
Eugene to the eastern boundary of the state, which includes
the aforesaid section twenty-one, " subject to any valid
interfering rights which may have existed at the date of
selection;" and on April 21st of the same year the secretary
of the interior approved the selection, subject to the same
qualification.

On June 2, 1871, the Oregon Central Military Road company
conveyed the west half of said section twenty-one to B. J.
Pengra, and the east half of the same to the California
and Oregon Land company. Afterwards, and before the
commencement of this action B. J. Pengra and wife conveyed
said west half to the plaintiff herein. It is also
specially admitted that the plaintiff has succeeded to and
now owns all the estate and interest in said west half, that
said company ever owned or held therein, prior to the commencement
of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect
recited that congress had " granted " certain lands to the
state of Oregon "to aid in the construction of certain military
wagon roads " therein, and that there is no law for the
issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor
of the state, informing him that said section was "
erroneously " included in said list five — the same having
been theretofore "certified to the state for the Oregon Central
Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12,
1871." On June 25, 1880, the plaintiff took a lease of the
north half of the section for one year from the California
and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land
act of 1850 was extended over Oregon, with a proviso that
the selections from the then surveyed lands shall be made
within two years from the adjournment of the legislature, at
its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment,
at the next session, after notice by the secretary of
the interior to the governor of the state that the surveys
have been completed and confirmed."

The swamp land act has been said to be a grant in. pre- >'(--;(/!.
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)

The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.

But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

The provision (sec. 2, act of 1860) limiting the time within
which the selections must be made after notice to the governor "
that the surveys have been completed and confirmed ''
is not in the original swamp land act. It was first
made a part thereof, so to speak, when the latter was
extended to Oregon. In my judgment, the purport and
effect of the section is to devolve on the state the duty of
making the selections in the first instance, whereupon it
becomes the duty of the secretary to ascertain and determine
whether such selections are "wet and unfit for cultivation "
within the meaning and terms of the act. But if the
selection is not made within the time prescribed, the grant
reverts to the United States. The selection within the time
is a condition precedent.

The wagon road grant was a grant in present of all the
odd numbered sections on either side of the road, and as
soon as the line of the same was designated it attached to
such sections, and took effect from the date of the act, subject
to the condition that the road was completed within the
time limited. (Shulenberger v. Harrison, 21 Wall. 60.)
This condition having been long since duly performed, the
grant became absolute in favor of the road company, the
grantee of the state.

The approval of the selection of section twenty-one, under
the act of 1864, by the secretary of the interior in April,
1871, gave the road company a perfect title thereto. The
subsequent passage of the act of 1874, authorizing patents
to issue in such cases, did not affect the title already vested.
The effect of a patent when issued under that act, is not to
pass the title, but to give the patentee record evidence of an
already existing one. (Laugdeau v. Hanes, 21 Wall. 529.)
Wherefore, it is of no moment that it does not appear that
a patent has issued to the state or its grantee for the
premises. The title of the latter was complete on the
approval by the secretary in 1874 of the selection of section
twenty-one, under the act of 1864.

As has been shown by the terms of the swamp land act,
the fee of any tract of land does not pass to the state until
the secretary has ascertained that it comes within its opera
1887.] Opinion of the Court— Deady, J.
tion and causes a patent to issue therefor. The official certificate
that the land is swamp only gives the state an equity
or right to a patent. Such an interest cannot be set up as
a defense in this action against the prima facie legal title of
the plaintiff. But admitting that the listing of the land aa
swamp vests the fee in the state, and that the patent thereon
is a mere formal matter, which follows, of course, the listing
of section twenty-one as swamp land in 1882, more than
three years after the same was certified to the state under
the wagon road grant, did not change or affect the rights of
the parties. Such listing, even if it had been deliberate
and intentional, in the face of the fact that the land had
already been duly listed to the state under the wagon road
grant, was simply void. (Smith v. Ewing, 23 Fed. Rep. 741.)
Bat the truth is, it was a mere mistake — probably a clerical
misprision — which the department corrected, as soon as
attention was called to it by the register and receiver of the
proper land office.
The power to correct such a mistake is necessarily implied
from the power to approve the selection and is supported
by authority. (Carrol v. Stafford, 3 How. 460; Le Roy v.
Clayton, 2 Sawy. 493; Bett v. Hearne, 19 How. 252.) And
as the act which constituted the mistake was void and the
right to the land had already been duly ascertained and set
forth, the result would be the same if it never had been corrected.
The authority to determine to which of the two grants to
the state this section twenty-one properly belonged, was
vested in the secretary of the interior, generally, by section
441 of the revised statutes, which gave him supervision —
final control — of the public business relating to the public
lands, and specially and particularly as to the grant of
swamp land, by the act making the same. .
In awarding this section to the wagon road grant, or
rather approving of its selection thereunder, the secretary
must, in legal contemplation, have decided that it was not
swamp. The decision, so far as appears, was duly made in
the regular course of business, in the administration of the
law relating to the subject, and with the evidence contained

in the public surveys, as to the character of the land before
him or within his official reach. The decision that the land
belonged to the wagon road grant was, in legal effect, also a
decision that it did not belong to the swamp land grant
The latter conclusion, under the circumstances, is a necessary
element of the former.
Nor can this conclusion be impeached or contradicted in
this action by oral evidence as to the character of the land.
Subject to the power of a court of equity in certain cases, to
correct or set aside the final action of the department, for
fraud or mistake, not a mere error of judgment, in disposing
of the public lands, its decisions on questions of fact
cannot be reviewed or called in question elsewhere. (Johnson
v. Towsley, 13 Wall. 72; Sharp v. Stevens, 6 Sawy. 48.)
Therefore, the oral evidence offered by the defendant concerning
the swampy character of this land, is incompetent,
and cannot be considered.
The state was the grantee in both these grants. It
accepted the land as part of the wagon road grant, or
allowed its grantee and agent to do so. At least, there is
no evidence that it ever selected this section under the
swamp land grant, and presented it for certification, as part
thereof. And while this may have been done, it is morally
certain that it was not done until after the premises were
certified to the grantee of the state under the wagon road
grant, nor until the grant had lapsed, for want of selection,
within the time prescribed.
The non-action of the state in this matter probably arose
from the fact that it was thought best that the land should
go to the construction of the wagon road, which was then
regarded as a meritorious enterprise. For long after this
swamp land grant was made no interest was taken in it, nor
was it generally understood that there was any considerable
quantity of land in the state to which it was at all applicable.
For ten years the state took no steps to secure any
land under it, preferring, as it appears, to make its selections
under the grants for the benefit of roads and schools.
The fact that some portions of these selections were damp
enough to be called swamp, was no objection to them, but often a recommendation. And in my judgment, it would
have been well if that policy had been continued.
But be that as it may, in the meantime this land was formally
selected and certified to the state, as wagon road
land, with its acquiescence, if not active concurrence, and it
is now estopped, as against the plaintiff, to deny that the
premises are included in such grant, or to assert that it
acquired them under the swamp land grant.
And if the state is so estopped, so is its grantee, the
defendant.
The defendant defends for the whole of the west half of
section twenty-one, but it does not appear from his own
showing, that he has any claim to the north half thereof.
His purchase from the state only includes the east half and
the southwest quarter of the section.
But the claim of the defendant to be the owner of any part
of the premises on the facts proven must fail on either of
the following grounds :
1. At and before the defendant's purchase from the state
under the swamp land grant, the right of the state thereunder
had lapsed and become of no effect.
2. The land was already certified to the grantee of the
state under the wagon road grant by the secretary of the
interior, which certification is a final decision of the question
as to the character of the land, and the grant under which it
properly belonged, by a tribunal having exclusive jurisdiction
of the same.
3. The defendant, as the grantee of the state against the
plaintiff, is estopped to assert or maintain that the premises
inured to the state under the swamp land grant, because the
latter, in effect, procured the same to be certified to the
plaintiff's grantor under the wagon road grant.
In conclusion, I find that the plaintiff is the owner of the
land in fee and entitled to the possession thereof.
But no damages can be received for the occupation of the
premises under the allegation in the complaint that the
defendant wrongfully withholds the possession of the same
from the plaintiff, to his damage one thousand dollars. An
action to recover damages for the wrongful occupation of real property is the equivalent of the common law of action
of trespass for meane profits. A cause of action for damages
for withholding the possession of real property may be
joined with one to recover such possession. But it must be
separately stated and the statement must contain facts sufficient
to support a separate action thereon. Ordinarily, only
nominal damages can be recovered on the ad damnum clause
for an ouster in an action to recover possession of real
property. (Wythev. Meyers, 3 Sawy. 598; Lamed v. Hudson,
57 N. Y. 151.) In support of my conclusions in this case, I refer generally to Cahn v. Barnes, 1 Sawy. 48. The important questions involved herein were considered in that. I have gone carefully over the ground again in the light of the able and exhaustive argument of counsel for the defendant, but find no cause to change my opinion on the subject. There must be a finding for the plaintiff that he is the owner of the premises, and entitled to the possession thereof.

[[Category: Lane Count]]

William J. Pengra v. J.F. Munz

Admin — Thu, 06 Nov 2008 18:34:15 GMT

Admin:

WILLIAM J. PENGRA v. J.F.MUNZ.

CIRCUIT COURT, DISTBICT OF OREGON.

FEBRUARY, 14, 1887.

1. CERTIFICATION BY THK SKCKKTABY or THE INTERIOR OF LANDS TO THE STATE,
UNDKB SWAMP AND WAGON EOAD GBANTS.— On March 12, 1860 (12Stat3),
congress granted the lands that were "wet and unfit for cultivation"
within the limits of Oregon to the state, to be selected by the state from
the lands thereafter surveyed " within two years from the adjournment
of the legislature at the next session after notice by the secretary of the
interior to the governor of the state that the surveys have been completed
and confirmed," and then certified by the secretary of the interior, if
found to come within the operation of the act, and patented to the
state, on which the fee shall vest in the state. On July 2, 1864, congress
granted to the state, to aid in the construction of a military wagon road
from Eugene to the eastern boundary of the state the "alternate sections
of the public lands, designated by odd numbers, for three sections
in width on each side of said road," as the same may be located. On
October 24, 1864, the legislature of the state transferred this grant to the
Oregon Central Military Road company, who in due time constructed the
road. On December 27, 1886, the survey of section twenty-one, in
township thirty-six, of range fourteen east, of the Wallamet meridian, was
duly confirmed, of which fact the governor of the state had due notice
before the session of the legislature held in 1868. On April 18, 1871,
the secretary of the interior, on the recommendation of the commissioner
of the general land office, approved the selection of section twenty one,
tinder the wagon road grant, and certified the same to said road company
as the grantee of the state. On September 16, 1882, said section twenty-
one was erroneously included in a list of lands then certified by the secretary
to the state, under the swamp land act; and on January 4, 1883,
the commissioner, as to said section twenty-one, recalled said certificate,
as having been erroneously made, and notified the governor of the state
thereof. On May 11, 1877, the defendant purchased the east half and
the southwest quarter of section twenty-one, from the state land commissioners,
under the act of October 26, 1870, for the sale of swamp
lands, paying ninety-six dollars down, and the balance — four hundred
and eighty dollars — on December 12, 1883, when he received a deed therefor
from said commissioners. Held —

I. The swamp land act is a grant to the state on the condition precedent
that the selection of lands thereunder is made within the time limited
therein; and on failure to do so, the grant lapsed and became of no
effect;

n. The legal title to land selected under the swamp land act does not vest in
the state until a patent is issued therefor, which patent, when issued,
relates back to the date of the grant;
Hi. By section 2 of the act of 1860 the duty is devolved on the state to select
the lands it claims under the swamp land act, and present the same for the consideration of the secretary of the interior, whose duty it is to
ascertain and determine whether the selections are " wet and unfit for
cultivation " within the meaning of said act; and his determination of
the question of fact cannot be impeached or questioned elsewhere except
in a court of equity for fraud or mistake other than an error of judgment;
rv. It was also the duty of the secretary of the interior, by virtue of his
general control over the subject of the disposition of the public lands,
to ascertain and determine what lands inured to the state or its grantee,
the wagon road company, under the wagon road grant of 1864, and when
he determined that said section twenty-one inured to the wagon road
company under said act, he thereby determined that it did not inure to
the state under the swamp land grant;

V. The certification of section twenty-one to the state as swamp land by the
secretary was a mere clerical error that the department had a right to
correct, as it did; but the section having already been certified to the
grantee of the state under the wagon road grant, such second certification
was simply void and of no effect;

VI. The state having in effect procured section twenty-one to be certified to
the plaintiff ' s grantor under the wagon road grant, the defendant, as the
grantee of the state, is estopped, as against the plaintiff, to assert or
maintain that said section ever inured to the state under the swamp land
grant.

2. DAMAGES FOR WITHHOLDING REAL PBOFERTY. — A cause of action for damages
for withholding the possession of real property may be joined with
one for the possession of such property, but it must be separately stated,
and the statement must contain all the facts necessary to support a separate
action thereon.

3. TENANT CANNOT DENY His LANDLORD'S TITLE. — A tenant cannot, during hia
term, nor during the possession taken or acquired under the lease, deny
his landlord's title.
Before DEADY, District Judge.

Mr. George H. Williams, Mr. Cyrus A. Dolph and Mr. Joseph
Simon, for the plaintiff.

Mr. William H. Effinger and Mr. Edward Walson., for the
defendant.

DEADY, J. This action is brought to recover the possession
of the west half of section twenty-one, in township
thirty-sixth south, of range "four teen east, of the Wallamet
meridian.

It is alleged in the complaint that the plaintiff is the
owner in fee of the premises, and is entitled to the possession
thereof, which the defendant wrongfully withholds from
him, to his damage one thousand dollars. 1887.] Opinion of the Court— Deady, J. And by way232 [Cir. Ct. PENGRA v. MXTNZ.

Opinion of the Court — Deady, J. [February,
1887.] Opinion of the Court— Deady, J.
And by way of giving the court jurisdiction of an action
between parties who do not appear to be citizens of different
states, it is further alleged that the plaintiff derives title
to the premises under the act of congress of July 2, 1884,
entitled "An act granting lands to the state of Oregon to
aid in the construction of a military road from Eugene to
the eastern boundary of said state;" that the defendant
claims to hold said premises under the act of congress of
March 12, 1860, entitled "An act to extend the provisions
of an act to enable the state of Arkansas and other states
to reclaim the swamp lands within their limits, to Minnesota
and Oregon, and for other purposes, " whereby the question
arises, through which of these acts, the title to the land
passed from the United States; and that the same exceeds
in value the sum of five hundred dollars.

In his answer the defendant denies the allegations of the
complaint concerning the ownership and right to the possession
of the premises, and alleges that he is the owner of and
entitled to the possession of the same; which allegations
are controverted by the replication.
The case was tried by the court without the intervention
of a jury.

The evidence given on the trial consists of certain documents
admitted under stipulation for their legal effect, and
certain oral testimony concerning the value of the use and
occupation of the premises and of a certain fence and ditch
which the defendant claims to have constructed on the
premises, and also on the question of whether the land is
in fact swamp land or not, which oral evidence was received
subject to objection for incompetency.
The material facts on which the plaintiff founds his claim
are these :

On July 2, 1864, congress, for the purpose of aiding "in
the construction of a military road " from Eugene to the
eastern boundary of the state, granted to the state the "
alternate sections of the public lands, designated by odd
numbers, for three sections in width, on each side of said
road," to be disposed of by the legislature for such purpose. (
13 Stats., 355.)

Opinion of the Court— Deady, J. [February,
The act contains a proviso, reserving from its operation "
all lands heretofore reserved to the United States by act
of congress or other competent authority." Provision is
also made in the act for the disposition of the land when
and as often as the governor of the state ' ' shall certify to
the secretary of the interior that any ten continuous miles "
of the road are completed.

The road was to be completed within five years; and if
not, the land then indisposed of was to revert to the United
States. But by the act of March 3, 1869 (15 Stats., 338),
the time for its completion was extended to July 2, 1872.
On October 24, 1864 (Ses. L. 37), the state transferred
the grant to the Oregon Central Military Road company for
the purpose and " upon the condition and limitations" contained
in the act of congress making the same.

On September 5, 1886, the township thirty-sixth south,
range fourteen west, was surveyed and the survey approved
on December 27th of the same year, of which the governor
of the state had due notice before the meeting of the legislature
in 1868.

On February 16, 1869, the road company filed with the
governor of the state a map of the location and line of the
road from Eugene to the eastern boundary of the state; and
on January 12, 1870, the governor certified that the road as
delineated on said map was completed, as required by the
act of congress and the state legislature, which map and
certificate were filed with the secretary of the interior on or
before February 28, 1870.

On April 18, 1871, the commissioner of the general land
office recommended for approval, a list of lands, numbered
two and described as " lands 'in place ' granted to the state
of Oregon " by the acts of congress of 1864 and 1869 aforesaid, "
to aid in the construction of a military road "from
Eugene to the eastern boundary of the state, which includes
the aforesaid section twenty-one, " subject to any valid
interfering rights which may have existed at the date of
selection;" and on April 21st of the same year the secretary
of the interior approved the selection, subject to the same
qualification.

On June 2, 1871, the Oregon Central Military Road company
conveyed the west half of said section twenty-one to B. J.
Pengra, and the east half of the same to the California
and Oregon Land company. Afterwards, and before the
commencement of this action B. J. Pengra and wife conveyed
said west half to the plaintiff herein. It is also
specially admitted that the plaintiff has succeeded to and
now owns all the estate and interest in said west half, that
said company ever owned or held therein, prior to the commencement
of this action.

By the act of June 18, 1874 (18 Stats. 80), it is in effect
recited that congress had " granted " certain lands to the
state of Oregon "to aid in the construction of certain military
wagon roads " therein, and that there is no law for the
issue of "formal patents " therefor; and in effect provides
that whenever it appears " from the certificate of the governor,"
as provided in said acts, that any of said roads has
been "constructed and completed " a patent shall issue to
the state for said lands, or to any corporation to whom it
may have transferred its interest therein, "as fast as the
same shall under said grants be selected and certified."
The defendant claims under the act of congress of March
12, 1860, extending the swamp land act of 1850 over Oregon;
and the act of the state legislature of October 26, 1870, (
Ses. L. 54), providing for the selection and sale of swamp
land " belonging " to the state. This act provides for the
selection of such lands by the agents of the state and the
sale of the same in unlimited quantities, at not less than one
dollar per acre, the purchaser to pay twenty per centum of
the price within ninety days after the selection is completed,
and the balance on proof that the land "has been drained
or otherwise made fit for cultivation;" and if such payment
and proof of reclamation are not made within ten years
from the time of the first payment, the land is to revert to
the State. It is declared in the act "that all swamp
land which has been successfully cultivated in either grass,
the cereals or vegetables for three years shall be considered
as finally reclaimed."

The premises are situated east of the Cascade mountains, on Sprague river, in Lake county. In 1872 the defendant settled on the adjoining section twenty-two, and on May 11,
1877, purchased the east half and the southwest quarter of
section twenty-one of the state land commissioners, under
the swamp land act, paying ninety-six dollars thereon, or
twenty per centum of the price; and on December 12, 1883,
paid said commissioners four hundred and eighty dollars,
the balance of the purchase price, and obtained a deed from
them for said portions of the section.

Between the date of his purchase from the state and the
commencement of this action the defendant built a fence
and cut a ditch across the north side of the section in connection
with section twenty-two, and used the land for
pasture and making hay from the wild grass.
The defendant testifies that half a mile of this fence is on
the east half of section twenty-one, and one-fourth of the
ditch, and that they are worth one hundred dollars each.
He also testifies that section twenty-one is more or less
overflowed and swampy.

On September 14, 1882, the commissioner of the general
land office submitted to the secretary of the interior for
approval a list of lands numbered five, " inuring to the state
of Oregon," under the swamp land acts of 1850-1860, which
included said section twenty-one; and on September 16th
said secretary approved the same.

On January 4, 1883, said commissioner wrote to the governor
of the state, informing him that said section was "
erroneously " included in said list five — the same having
been theretofore "certified to the state for the Oregon Central
Military Road company, under the act of July 2, 1864,
and included in list numbered two, approved April 12,
1871." On June 25, 1880, the plaintiff took a lease of the
north half of the section for one year from the California
and Oregon Land company for eighty dollars.

By the act of March 12, 1860 (12 Stat. 3), the swamp land
act of 1850 was extended over Oregon, with a proviso that
the selections from the then surveyed lands shall be made
within two years from the adjournment of the legislature, at
its next session after March 12, 1860; and as to all lands thereafter surveyed, "within two years from such adjournment,
at the next session, after notice by the secretary of
the interior to the governor of the state that the surveys
have been completed and confirmed."
The swamp land act has been said to be a grant in. pre- >'(--;(/!.
But it does not pass the legal title. Before that vests
in the state, the secretary must ascertain and determine
what lands come within its operation — are "wet and unfit
for cultivation " — and cause a patent to issue to the state
therefor. This patent, when issued, may, and doubtless
does, relate back to the passage of the act, and in this sense
only is it a grant in presenti. Until the patent issues, the
legal title is in the United States. And the determination
of the question, what are and what are not swamp lands
within the purview of the act rests with the secretary of the
interior, and his decision, unless impeached for fraud or
mistake other than an error of judgment, is final. (French
v. Fyan, 93 U. S. 170.)
The case of the Bailway Company v. Smith, 9 Wall. 95,
only holds that in case the secretary fails to determine the
question of whether a subdivision was swamp or not that
the state or its grantee might, when sued for the possession
of the same, prove the character of the land when
material to the defense. And in that case the grant to the
plaintiff expressly excluded therefrom the lands previously
granted to the state by the swamp land act of 1850, so that
the fact of the lands being swamp was itself sufficient to
defeat the plaintiff 's claim, and might therefore be proven
by parol as a defense to its action to recover possession, in
the absence of any determination of the question by the
secretary of the interior.
But the reservation in this wagon road grant is only of
lands theretofore " reserved to the United States," which
does not include lands otherwise disposed of by the United
States. However, the grant for the wagon road being subsequent
in point of time to that of the swamp land, the
former cannot attach to any land within the operation of the
latter, unless the same has reverted to the United States for
want of selection within the time limited.

Pengra, Margaret A

Admin — Thu, 06 Nov 2008 18:25:02 GMT

Admin:

Margaret Ann Harlow Pengra was born [[January 4]], [[1855]] and died on [[December 8]], [[1937]].

=Tombstone=

Located in the [[Laurel Hill Cemetery]] in [[Glenwood]], Oregon.

It reads:

<TABLE width=200><TR><TD colspan="2" align=center>Pengra</TD></TR>

<TR><TD>[[Pengra, William J|William J.]]</TD><TD>[[Pengra, Margaret A|Margaret A.]]</TD></TR>

<TR><TD>[[1857]]-[[1927]] </TD><TD> [[1854]]-[[1937]]</TD></TR></TABLE>

[[Category:Springfield residents (1800s)]] [[Category:Springfield residents (1900s)]]

Cox family

Admin — Thu, 06 Nov 2008 18:18:26 GMT

Admin:

Cox, J.D.

[[Cox, James A.]]

[[Cox, Jess]]

[[Cox, William]]

Cox Dianna C. 38 Indiana

Cox E. J. 20 Indiana

Cox Emily H. 1 Oregon

Cox F. E. 1 Oregon

[[Cox, H.J.]]

Cox James F. 9

Cox James M. 11 Missouri

Cox Jesse 39 Missouri

Cox John R. 7/12 Oregon

Cox John W. 17 Missouri

Cox Julatha 14 Missouri

Cox Lucy M. 5 Oregon

Cox M. E. 3 Oregon

[[Cox, Mary]], Eugene police officer, 1910s.

Cox Nancy 43 Missouri

Cox Robert T. 7 Oregon

Cox S**** 13 Missouri

Cox S. A. 30 Indiana

Cox, Sarah G ([[Gillespie Cemetery]])

Cox Solomon F. 2 Oregon

Cox W. W. 29 Canada

Cox William C. 12 Missouri

Cox Wm. H. 3 Oregon

Cox Jr. S. 37 Missouri

Cox Sr. S. 60 Tennessee

[[Cox and Cox]], [[Springfield]] business

[[Cox House]], Springfield historical house

[[Cox Island]]

[[Cox Rock]]

Springfield High School

Admin — Sat, 18 Oct 2008 06:04:40 GMT

Admin: /* Baseball Coaches */

[[Image:Springfield high school 1921.JPG|250px]]

=History=

==Foundation==

By [[1854]] [[Springfield]] had its first school, probably near [[7th Street (Springfield)|7th Street]] and [[B Street (Springfield)|B Street]], and a teacher, [[Stewart, Agnes|Agnes Stewart]]. By [[1870]], the population of Springfield had grown to
nearly 650 before the Oregon and California Railroad was persuaded to cross the Willamette near Harrisburg and go through [[Eugene]]. River navigators also could not get beyond the Eugene area to Springfield except during floods. The developments were a severe blow to Springfield to the extent that the population dwindled less than 400 by [[1890]].[1]

Although progress was slowed, Springfield continued to refine its town. In [[1885]] the two-room school house at [[Mill Street (Springfield)|Mill Street]] and [[D Street (Springfield)|D Street]]s had over 60 students. Eugene with the railroad and a university, was developing much faster as a service and trade center.[1]

For Springfield, change came in [[1891]] with a rail line and a new steel bridge. By then, Springfield had two schools in addition
to three hotels, three churches, two groceries, a meat market, a shoe store, a drug store, two blacksmiths and a couple of general merchandise stores.[1]

Education was limited to the eighth grade, which was a concern for those who sought higher education at the university. It was
also a concern for those who taught at the university. Incoming students were rarely prepared for the requirements of a
university education and needed extra preparatory help. By the mid 1890s the [[University of Oregon]] president was encouraging the establishment of high schools to help serve this need. Eugene was already graduating more than 100 students from its eighth grade. Springfield had barely 10 percent of that number. Springfield High School began in [[1898]].[5] By [[1900]], the population of Springfield still languished around 350. However, the milling boom was beginning, and in [[1902]], a large modern and economical mill was built in Springfield by the Booth-Kelly Company. In less than 10 years the population of Springfield grew to about 2,500.[1]

It was not until [[1905]] that Springfield High was able to graduate its first senior - Merit Tuel. In [[1907]] no one graduated. By graduation time in [[1908]], the classes were again reestablished. According to the February [[1909]] edition of the student publication ''Nonpareil'', it was apparently during this school year that the classes finally became organized into a student body.

"The students of the S.H.S. have organized a student body," the publication reported. "From now, remember that 'United we stand, divided we fall'," it concluded.

On [[January 26]] of [[1909]] the student body elected Senior Lacy Copenhaver as their president, apparently the first student to lead Springfield High School.

The earliest records of SHS activities include reports or student performances. In an April [[1909]] edition of the student publication [[Nonpariel]], [[Emery, Lloyd|Lloyd Emery]], an SHS junior at the time, reports that the traditional senior play was expanded to include the entire school population to perform "The Devil in Society." Apparently late rehearsals were as common then as now. The writer went on to say, "it does not seem to agree with the High School pupils to stay up late for a few nights in succession, for the day after the play it kept the teachers busy keeping the pupils awake." He added, though, "but it was worth the time and the sleep lost, just the same."[3]

==1910s==

By '''[[1912]]''', 70 students had enrolled in the school. Early in the '''[[1913]]'''-'''[[1914]]''' school year, the students initiated a campaign to
encourage prospective pupils to enroll at SHS. They strung a large canvas downtown to advertise the school and even made
personal visits to enlist more youths. By February, the student population nearly reached the 100 mark. According to the SHS Annual, "when on '''[[February 27]]''', it was discovered that the one-hundredth student was actually in attendance, the enthusiasm of the school knew no bounds and a holiday, to celebrate the occasion, was voted by the students and approved by the Board of Directors." The students then proceeded to parade the main streets of Springfield in the drizzling rain, led by a bugler and an array of banners and placards announcing the holiday.[2]

By all accounts, the student body of that year was a tightly knit group of friends who showed great enthusiasm for their school.
Junior '''[[Bailey, Walter|Walter Bailey]]''', the President of the Student Body, wrote an essay in the 1914 Annual titled "Why
Springfield High Is the School for Me." Bailey, who attended '''[[Eugene High School]]''' as a freshman, wrote, "I have nothing to say against the Purple and the White, but I have a great deal to say for the Blue and the White. I can say without exaggeration that I never met a more congenial and cordial group of students than I found in Springfield." Bailey notes the lack of cliques at his school and the general spirit of unity among the student body. "We are many in number but one in strength and purpose."[2]

The student body of that era was an industrious group whose activities included the first Annual (1914) and the first student periodical, ''The Headlight'' (November 14). Deterred by the lack of athletic facilities, students resorted to the Literary Society; with 60 members, it was by far the most popular club in the school. The literary Society initiated a debating team, which won "victory after victory..." although it did not win the regional championship at Villard Hall in '''[[Eugene]]'''. A typical Literary Society meeting would include roll call answered by famous quotations, a musical performance on the piano or violin, and a debate that dealt with a current school issue.

The students and the small faculty (six teachers in 1914) often indulged in parties and receptions, which were frequently sponsored in the home of a teacher. Individual classes usually threw their own receptions (the Freshmen party or the Senior party, for example), and could expect a friendly amount of rivalry from the other classes, whose members were fond of crashing parties and creating mischief.

On one occasion, Principal P.M. Stroud "entertained the seniors, juniors, and sophomores" at his house. The games of the evening included a "track meet," consisting of the broad jump and a relay race. Later that night, Manual Training Instructor Leslie McCoy performed as a hypnotist.[4]

The games were often disrupted when the freshmen were discovered lurking about the house. The upperclassmen would pause to chase them off then resume their activities. Later in the evening, however, someone sneaked up to the house, opened the kitchen window, and stole a "sack of sugar, a pail of syrup and a bottle of vinegar" that had been reserved for making taffy. The upperclassmen promptly accused the freshmen of the crime, and a great mock trial took place in the assembly hall of the school. In the end, the freshmen were found not guilty.[4]

At the head of all this activity were the charismatic figures of Walter Bailey, the popular leader with the polite smile, and '''[[Hansen, Herbert|Herbert Hansen]]''', who must have received a great amount of mockery for his conspicuous ears. The two probably shared the sort of rivalry found between the classes: friendly but energetic. Both served as President of the Student Body (Baily in 1914 and Hansen in '''[[1915]]''') and both held the position of Editor-in-Chief of the new Annual (Hansen in 1914 and Bailey in 1915). On several occasions, both Bailey and Hansen filled the position of Literary Society President.[4]

The two would often find each other in disagreement over current issues. Bailey would generally support conservative notions while Hansen favored the more radical. In a Literary Society debate recorded in ''The Headlight'', Bailey held that "the school board of District No. 19 are vested with power and are justified in... regulation the social life of the High School students." Hansen argued against him and lost the debate. (In the mock trial mentioned earlier, Bailey acted as prosecuting attorney while Hansen bravely agreed to defend the low-life freshmen; in that instance, Hansen emerged the victor.)

In the 1915 Annual, Senior Winona Platt predicted that Bailey would become a well-known evangelist and that Hansen would mature into the most famous orator of his day. In writing, Bailey preferred flowery language, while Hansen opted for a straight forward word choice. Hansen's "President's Report" seems remarkably to-the-point when compared to Bailey's "Why Springfield High Is the School for Me," which, after saying farewell to the departing seniors, comments, "this picture moistens the eye and causes the voice to grow husky, and I turn from it."[4]

Some of the class of 1915's activities reflect the blatant prejudices of the day. For instance, in an evening of dramatics sponsored by teachers, the students performed a 90 minute Minstrel Show wherein they blackened their faces with burnt cork and played such characters as Sambo. In it, Dinah, called "the Modern Joan of Arc," performed her famous speech "When Dey Enlisted Cull'ed Soldiers." The show concluded with "the roaring farce entitled ''Mr. Jackson's Servants,'' featuring Sambo, Dinah, Lizzy, Josey, and Lizah" as the servants. It is difficult to discover what became of those 100 students; more than likely, some died in the trenches of World War I. Others may be alive to this day.[4]

[1] The Millers: History of Springfield High School, editor Pat Albright, 8-9.

[2] Ibid., 12.

[3] Ibid., 24.

[4] Ibid., 13.

==1920s==

In the 1920s, the citizens of Springfield tried very hard to create an idealistic community for themselves and their children. Although Springfield was still a very small town, its citizens were very proud of both it and its high school. Accounts from people who lived during this time make Springfield High School and the town seem like a veritable utopia in the eyes of many residents. It was.

In [[1921]], Springfield High School was housed in the current administration building on [[Mill Street (Springfield)|Mill Street]] between two beautiful maple trees; hence, the name of the school's yearbook was The Maple Leaf. F.R. Hamlin was superintendent, and he was affectionately termed by SHS students "a man's man and SHS' best friend." The senior class was made up of ten, close-knit students who worked together in planning many of the school's social activities.

SHS students during that time seemed to be wholeheartedly optimistic about everything: their school, their town, their future. After all, their class motto was: "Out of school life, into life's school."

Perhaps SHS students were more likely to be optimistic because, at least in 1921, many changes were happening at Springfield High. A new school building was erected on the site of the old one; a basketball hall was built, and an orchestra was formed. With Springfield High being so small, it was hard to find an adequate number of musicians. So small in number, SHS' orchestra only had the instruments clarinet, violin, coronet, trombone, drum and piano represented. Still, the students were excited and applauded the formation of the musical group.[5]

[5] The Millers: History of Springfield High School, editor Pat Albright, 14.

=Administration=

==Springfield High School Principals==

[[Sutton, W.F.|W.F. Sutton]] [[1897]]-[[1906]]

[[Roberts, Flavius|Flavius Roberts]] 1906-[[1907]]

[[Baughman, H.C.|H.C. Baughman]] 1907-[[1912]]

[[Stroud, P.M.|P.M. Stroud]] [[1913]]-[[1914]]

[[Roth, F.M.|F.M. Roth]] [[1920]]-[[1923]]

[[Torbert, J.E.|J.E. Torbert]] 1923-[[1924]]

[[Morgan, A.J.|A.J. Morgan]] [[1927]]

[[Buell, W.E.|W.E. Buell]] [[1929]]-[[1935]]

[[Marschatt, L.E.|L.E. Marschatt]] 1935-[[1936]]

[[Martin, Glen|Glen Martin]] 1936-[[1938]]

[[Davis, Cecil H|Cecil H. Davis]] 1938-[[1944]]

[[Sabin, Owen|Owen Sabin]] 1944-[[1952]]

[[Empey, Warne|Warne Empey]] 1952-[[1956]]

[[Parnell, Dale|Dale Parnell]] 1956-[[1961]]

[[Smith, Charles|Charles Smith]] 1961-[[1964]]

[[O'Neal, Bill|Bill O'Neal]] [[1965]]-[[1985]]

[[Schiessl, Ron|Ron Schiessl]] 1985-[[1994]]

[[Heinle, Gene|Gene Heinle]] 1994-

==Student Body Presidents==

<TABLE WIDTH=400><TR><TD COLSPAN=4>Student Body Presidents</TD></TR>

<TR><TD WIDTH=40>1909</TD><TD>Lacy Copenhaver</TD><TD WIDTH=40>1910</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1911</TD><TD>Claude V. Signor</TD><TD WIDTH=40>1914</TD><TD>Walter Bailey</TD></TR><TR><TD WIDTH=40>1915</TD><TD>Herbert Hanson</TD><TD WIDTH=40>1916</TD><TD>Orson Vaughn</TD></TR><TR><TD WIDTH=40>1917-1919</TD><TD>Unknown</TD><TD WIDTH=40>1920</TD><TD>Russell Olsen</TD></TR><TR><TD WIDTH=40>1921</TD><TD>Joe Deets</TD><TD WIDTH=40>1922</TD><TD>Ralph Love</TD></TR><TR><TD WIDTH=40>1923</TD><TD>Robert Driscoll</TD><TD WIDTH=40>1924</TD><TD>Alice Tomseth</TD></TR><TR><TD WIDTH=40>1925</TD><TD>Merle McMullen</TD><TD WIDTH=40>1926</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1927</TD><TD>Evan Hughes</TD><TD WIDTH=40>1928-1932</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1933</TD><TD>'''[[Thurman, Dalton|Dalton Thurman]]'''</TD><TD WIDTH=40>1934</TD><TD>Mary Smitson</TD></TR><TR><TD WIDTH=40>1935</TD><TD>Jack Williams</TD><TD WIDTH=40>1936</TD><TD>Lawrence Chase</TD></TR><TR><TD WIDTH=40>1937</TD><TD>Wendell Bartholomew</TD><TD WIDTH=40>1938</TD><TD>Joe Keever</TD></TR><TABLE>

=Sports=

==Springfield High Head Coaches==

===Football Coaches===

<TABLE WIDTH=400><TR><TD COLSPAN=4>Football Coaches</TD></TR>

<TR><TD WIDTH=40>1915-</TD><TD>[[Putnam, Rex|Rex Putnam]]</TD><TD WIDTH=40>[[1921]]</TD><TD>"Mack" McFadden</TD></TR><TR><TD WIDTH=40>1922</TD><TD>Harold Barto</TD><TD WIDTH=40>1927</TD><TD>Harold Finwick</TD></TR><TR><TD WIDTH=40>1933-37</TD><TD>Marion Hall</TD><TD WIDTH=40>1937-1941</TD><TD>[[Fix, Eldon|Eldon Fix]]</TD></TR><TR><TD WIDTH=40>1943-1944</TD><TD>John Young</TD><TD WIDTH=40>1946</TD><TD>Bob Johnson</TD></TR><TR><TD WIDTH=40>1948</TD><TD>John Young</TD><TD WIDTH=40>1950-1951</TD><TD>Paul Evenson</TD></TR><TR><TD WIDTH=40>1952-1954</TD><TD>[[Zellick, George|George Zellick]]</TD><TD WIDTH=40>1958-1959</TD><TD>Hal Whitbeck</TD></TR><TR><TD WIDTH=40>1962-1964</TD><TD>Shelby Price</TD><TD WIDTH=40>1965</TD><TD>Lee Insko</TD></TR><TR><TD WIDTH=40>1966</TD><TD>JC Johnson</TD><TD WIDTH=40>1968-1970</TD><TD>Jack Morris</TD></TR><TR><TD WIDTH=40>1971-1976</TD><TD>Bob Harris</TD><TD WIDTH=40>1977-1979</TD><TD>Vern Allers</TD></TR><TR><TD WIDTH=40>1979-1983</TD><TD>Chuck Burns</TD><TD WIDTH=40>1984-1993</TD><TD>Bob McKenzie</TD></TR><TR><TD WIDTH=40>1994-1998</TD><TD>Ron Simmons</TD><TD WIDTH=40></TD><TD></TD></TR><TABLE>

===Boys Basketball Coaches===

PM Stroud 1914-1915

Rex Putnam 1916-

Ben Davidson 1922

Harold Barto 1923

Lester Wilcox 1924

Walter Fenwick 1927

Marion Hall 1933-1934

Robert Chatterson 1935-1936

Harold Santee 1937

Eldon Fix 1938-1942

John Young 1945

Paul Johnston 1946-1947

Kernal Buhloer 1948

Stan Williamson 1949-1953

Roger Wiley 1954

Bill O'Neal 1955-1961

Dave Powell 1963

Ivan Harshbarger 1964-1967

JC Johnson 1968-1974

Gary Morton 1975-1979

Steve Everitt 1980-1981

Jim Fryback 1982-1993

Chuck Roberts 1994

Gene Morgan 1995-1996

Armand Lake 1997-1998

===Girls Basketball Coaches===

Miss Walling 1914

Verna Tagg 1915

Mrs. Plank 1920

Annie Hill 1924

'''[[Miller, Alberta Pauline|Pauline Miller]]''' '''[[1927]]'''

Jeanette Sullivan 1973-1975

Dinah Pflugrad 1977

Joan Spratlen 1978-1987

Charlie Olds 1988-1998

===Baseball Coaches===

<TABLE WIDTH=400><TR><TD COLSPAN=4>Baseball Coaches</TD></TR>

<TR><TD WIDTH=40>1914</TD><TD>BH Smith</TD><TD WIDTH=40>1922</TD><TD>"Mack" McFadden</TD></TR><TR><TD WIDTH=40>1923</TD><TD>George Bliss</TD><TD WIDTH=40>1924</TD><TD>Lester Wilcox</TD></TR><TR><TD WIDTH=40>1927</TD><TD>Leonard Mayfield</TD><TD WIDTH=40>1934</TD><TD>Kernal Buhler</TD></TR><TR><TD WIDTH=40>1935</TD><TD>Robert Chatterton</TD><TD WIDTH=40>1937</TD><TD>Harold Santee</TD></TR><TR><TD WIDTH=40>1938-1941</TD><TD>Eldon Fix</TD><TD WIDTH=40>1942</TD><TD>Paul Johnston</TD></TR><TR><TD WIDTH=40>1945-1953</TD><TD>John Young</TD><TD WIDTH=40>1954</TD><TD>Roger Wiley</TD></TR><TR><TD WIDTH=40>1955-1963</TD><TD>John Young</TD><TD WIDTH=40>1964-1977</TD><TD>Terry Maddox</TD></TR><TR><TD WIDTH=40>1977-1981</TD><TD>Jim Fryback</TD><TD WIDTH=40>1982-95</TD><TD>Bill Bowers</TD></TR><TR><TD WIDTH=40>1996-97</TD><TD>Jason Hawkins</TD><TD WIDTH=40>1998</TD><TD>Jim Fryback</TD></TR><TABLE>

===Track Coaches===

<TABLE WIDTH=400><TR><TD COLSPAN=4>Track Coaches</TD></TR>

<TR><TD WIDTH=40>1935-1937</TD><TD>Marion Hall</TD><TD WIDTH=40>1938-1942</TD><TD>Eldon Fix</TD></TR><TR><TD WIDTH=40>1944-1951</TD><TD>Kernal Beuhler</TD><TD WIDTH=40>1952-1953</TD><TD>Russ Monohan</TD></TR><TR><TD WIDTH=40>1954</TD><TD>Dale Parnell</TD><TD WIDTH=40>1955-1958</TD><TD>Hal Whitbeck</TD></TR><TR><TD WIDTH=40>1959-1968</TD><TD>Kenneth Reiser</TD><TD WIDTH=40>1967</TD><TD>Jim Carlile</TD></TR><TR><TD WIDTH=40>1969-1971</TD><TD>Frank Morris</TD><TD WIDTH=40>1969-1971</TD><TD>Jack Morris</TD></TR><TR><TD WIDTH=40>1972-1988</TD><TD>Ron Dove</TD><TD WIDTH=40>1972-1973</TD><TD>Dinah Pflugrad</TD></TR><TR><TD WIDTH=40>1974-1978</TD><TD>Janet Weiseth</TD><TD WIDTH=40>1979-</TD><TD>Laurie Burke</TD></TR><TR><TD WIDTH=40>1989-1998</TD><TD>Rick Squires</TD><TD WIDTH=40></TD><TD></TD></TR><TABLE>

=Entertainment=

==Plays==

1908-1909 The Devil in Society

1909-1913 No record available.

1913-1914 Mr. Bob

1914-1915 The Big Four Minstrels

1915-1916 Galliger

1916-1919 No record available

1919-1920 Me An'Otis

1920-1921 Kernel's Maid

Timothy Delano's Courtship

Home Ties

1921-1922 The White Shawl

Frank Gynn's Wife

Engaged By Wednesday

My Irish Rose

Bachelor Hall

1922-1923 When a Man's Single

When a Feller Needs a Friend

1923-1924 Squaring it With the Boss

All a Mistake

1924-1926 No record Available

1926-1927 Eliza Comes to Stay

The Whole Town's Talking

1927-1932 No record available

1932-1933 Nothing But the Truth

Kempy

1933-1934 Adam and Eva

1934-1935 The Whole Town's Talking

Hulda of Holland

Tommy

1935-1936 Peg O' My Heart

Paper Prayers

Once There was a Princess

1936-1937 Sonia, The Girl from Russia

The Patsy

Jonesy

1937-1938 Tune In

Spring Fever

The Heathers at Home

1938-1939 Happy - Go - Lucky

Heart Trouble

1939-1940 Margie Goes Modern

Apron String Revolt

1940-1941 Guess Again

One Wild Night

1941-1942 Midnight

New Fires

1942-1943 June Mad

1943-1944 The Thirteenth Chair

1944-1945 The Fighting Littles

Footloose

Almost Summer

1945-1946 Sneak Date

Two Gentlemen of Verona

Double Exposure

1946-1947 You Can't Take It With You

Drums of Death

A Date With Judy

A Christmas Carol

1947-1948 A Christmas Carol

New Fires

Tiger House

Our Hearts Were Young And Gay

1948-1949 Best Foot Forward

A Christmas Carol

1949-1950 A Little Madcap

Cat O'Nine Tails

Maritana

A Christmas Carol

==News Publications==

Nonpareil (1908-?), Edna Nickerson (editor, 1909)

The Headlight, Walter Bailey (editor, 1915)

SHS Tattler (1918-1924). A column printed weekly in the [[Springfield News]].

1921-1922 Mable Humphrey (editor)

1922-1923 Alfred Townsend (editor)

The Go-Getter (1924-?)

1923-1924 Pauline Jack (editor).

==Yearbooks==

Nonpariel (Senior Edition) 1910-1911. Olive M. Smith (Editor), D.C. Baughman (Advisor)

High School Annual 1913-1914. [[Hansen, Herbert|Herbert Hansen]] (Editor)

1914-1915. Walter Bailey (Editor)

1915-1916. Orson Vaughn (Editor), Verna Tagg and Rex Putnam (Advisors).

[[Category:Springfield]]

Springfield High School

Admin — Sat, 18 Oct 2008 05:56:14 GMT

Admin: /* 1910s */

[[Image:Springfield high school 1921.JPG|250px]]

=History=

==Foundation==

By [[1854]] [[Springfield]] had its first school, probably near [[7th Street (Springfield)|7th Street]] and [[B Street (Springfield)|B Street]], and a teacher, [[Stewart, Agnes|Agnes Stewart]]. By [[1870]], the population of Springfield had grown to
nearly 650 before the Oregon and California Railroad was persuaded to cross the Willamette near Harrisburg and go through [[Eugene]]. River navigators also could not get beyond the Eugene area to Springfield except during floods. The developments were a severe blow to Springfield to the extent that the population dwindled less than 400 by [[1890]].[1]

Although progress was slowed, Springfield continued to refine its town. In [[1885]] the two-room school house at [[Mill Street (Springfield)|Mill Street]] and [[D Street (Springfield)|D Street]]s had over 60 students. Eugene with the railroad and a university, was developing much faster as a service and trade center.[1]

For Springfield, change came in [[1891]] with a rail line and a new steel bridge. By then, Springfield had two schools in addition
to three hotels, three churches, two groceries, a meat market, a shoe store, a drug store, two blacksmiths and a couple of general merchandise stores.[1]

Education was limited to the eighth grade, which was a concern for those who sought higher education at the university. It was
also a concern for those who taught at the university. Incoming students were rarely prepared for the requirements of a
university education and needed extra preparatory help. By the mid 1890s the [[University of Oregon]] president was encouraging the establishment of high schools to help serve this need. Eugene was already graduating more than 100 students from its eighth grade. Springfield had barely 10 percent of that number. Springfield High School began in [[1898]].[5] By [[1900]], the population of Springfield still languished around 350. However, the milling boom was beginning, and in [[1902]], a large modern and economical mill was built in Springfield by the Booth-Kelly Company. In less than 10 years the population of Springfield grew to about 2,500.[1]

It was not until [[1905]] that Springfield High was able to graduate its first senior - Merit Tuel. In [[1907]] no one graduated. By graduation time in [[1908]], the classes were again reestablished. According to the February [[1909]] edition of the student publication ''Nonpareil'', it was apparently during this school year that the classes finally became organized into a student body.

"The students of the S.H.S. have organized a student body," the publication reported. "From now, remember that 'United we stand, divided we fall'," it concluded.

On [[January 26]] of [[1909]] the student body elected Senior Lacy Copenhaver as their president, apparently the first student to lead Springfield High School.

The earliest records of SHS activities include reports or student performances. In an April [[1909]] edition of the student publication [[Nonpariel]], [[Emery, Lloyd|Lloyd Emery]], an SHS junior at the time, reports that the traditional senior play was expanded to include the entire school population to perform "The Devil in Society." Apparently late rehearsals were as common then as now. The writer went on to say, "it does not seem to agree with the High School pupils to stay up late for a few nights in succession, for the day after the play it kept the teachers busy keeping the pupils awake." He added, though, "but it was worth the time and the sleep lost, just the same."[3]

==1910s==

By '''[[1912]]''', 70 students had enrolled in the school. Early in the '''[[1913]]'''-'''[[1914]]''' school year, the students initiated a campaign to
encourage prospective pupils to enroll at SHS. They strung a large canvas downtown to advertise the school and even made
personal visits to enlist more youths. By February, the student population nearly reached the 100 mark. According to the SHS Annual, "when on '''[[February 27]]''', it was discovered that the one-hundredth student was actually in attendance, the enthusiasm of the school knew no bounds and a holiday, to celebrate the occasion, was voted by the students and approved by the Board of Directors." The students then proceeded to parade the main streets of Springfield in the drizzling rain, led by a bugler and an array of banners and placards announcing the holiday.[2]

By all accounts, the student body of that year was a tightly knit group of friends who showed great enthusiasm for their school.
Junior '''[[Bailey, Walter|Walter Bailey]]''', the President of the Student Body, wrote an essay in the 1914 Annual titled "Why
Springfield High Is the School for Me." Bailey, who attended '''[[Eugene High School]]''' as a freshman, wrote, "I have nothing to say against the Purple and the White, but I have a great deal to say for the Blue and the White. I can say without exaggeration that I never met a more congenial and cordial group of students than I found in Springfield." Bailey notes the lack of cliques at his school and the general spirit of unity among the student body. "We are many in number but one in strength and purpose."[2]

The student body of that era was an industrious group whose activities included the first Annual (1914) and the first student periodical, ''The Headlight'' (November 14). Deterred by the lack of athletic facilities, students resorted to the Literary Society; with 60 members, it was by far the most popular club in the school. The literary Society initiated a debating team, which won "victory after victory..." although it did not win the regional championship at Villard Hall in '''[[Eugene]]'''. A typical Literary Society meeting would include roll call answered by famous quotations, a musical performance on the piano or violin, and a debate that dealt with a current school issue.

The students and the small faculty (six teachers in 1914) often indulged in parties and receptions, which were frequently sponsored in the home of a teacher. Individual classes usually threw their own receptions (the Freshmen party or the Senior party, for example), and could expect a friendly amount of rivalry from the other classes, whose members were fond of crashing parties and creating mischief.

On one occasion, Principal P.M. Stroud "entertained the seniors, juniors, and sophomores" at his house. The games of the evening included a "track meet," consisting of the broad jump and a relay race. Later that night, Manual Training Instructor Leslie McCoy performed as a hypnotist.[4]

The games were often disrupted when the freshmen were discovered lurking about the house. The upperclassmen would pause to chase them off then resume their activities. Later in the evening, however, someone sneaked up to the house, opened the kitchen window, and stole a "sack of sugar, a pail of syrup and a bottle of vinegar" that had been reserved for making taffy. The upperclassmen promptly accused the freshmen of the crime, and a great mock trial took place in the assembly hall of the school. In the end, the freshmen were found not guilty.[4]

At the head of all this activity were the charismatic figures of Walter Bailey, the popular leader with the polite smile, and '''[[Hansen, Herbert|Herbert Hansen]]''', who must have received a great amount of mockery for his conspicuous ears. The two probably shared the sort of rivalry found between the classes: friendly but energetic. Both served as President of the Student Body (Baily in 1914 and Hansen in '''[[1915]]''') and both held the position of Editor-in-Chief of the new Annual (Hansen in 1914 and Bailey in 1915). On several occasions, both Bailey and Hansen filled the position of Literary Society President.[4]

The two would often find each other in disagreement over current issues. Bailey would generally support conservative notions while Hansen favored the more radical. In a Literary Society debate recorded in ''The Headlight'', Bailey held that "the school board of District No. 19 are vested with power and are justified in... regulation the social life of the High School students." Hansen argued against him and lost the debate. (In the mock trial mentioned earlier, Bailey acted as prosecuting attorney while Hansen bravely agreed to defend the low-life freshmen; in that instance, Hansen emerged the victor.)

In the 1915 Annual, Senior Winona Platt predicted that Bailey would become a well-known evangelist and that Hansen would mature into the most famous orator of his day. In writing, Bailey preferred flowery language, while Hansen opted for a straight forward word choice. Hansen's "President's Report" seems remarkably to-the-point when compared to Bailey's "Why Springfield High Is the School for Me," which, after saying farewell to the departing seniors, comments, "this picture moistens the eye and causes the voice to grow husky, and I turn from it."[4]

Some of the class of 1915's activities reflect the blatant prejudices of the day. For instance, in an evening of dramatics sponsored by teachers, the students performed a 90 minute Minstrel Show wherein they blackened their faces with burnt cork and played such characters as Sambo. In it, Dinah, called "the Modern Joan of Arc," performed her famous speech "When Dey Enlisted Cull'ed Soldiers." The show concluded with "the roaring farce entitled ''Mr. Jackson's Servants,'' featuring Sambo, Dinah, Lizzy, Josey, and Lizah" as the servants. It is difficult to discover what became of those 100 students; more than likely, some died in the trenches of World War I. Others may be alive to this day.[4]

[1] The Millers: History of Springfield High School, editor Pat Albright, 8-9.

[2] Ibid., 12.

[3] Ibid., 24.

[4] Ibid., 13.

==1920s==

In the 1920s, the citizens of Springfield tried very hard to create an idealistic community for themselves and their children. Although Springfield was still a very small town, its citizens were very proud of both it and its high school. Accounts from people who lived during this time make Springfield High School and the town seem like a veritable utopia in the eyes of many residents. It was.

In [[1921]], Springfield High School was housed in the current administration building on [[Mill Street (Springfield)|Mill Street]] between two beautiful maple trees; hence, the name of the school's yearbook was The Maple Leaf. F.R. Hamlin was superintendent, and he was affectionately termed by SHS students "a man's man and SHS' best friend." The senior class was made up of ten, close-knit students who worked together in planning many of the school's social activities.

SHS students during that time seemed to be wholeheartedly optimistic about everything: their school, their town, their future. After all, their class motto was: "Out of school life, into life's school."

Perhaps SHS students were more likely to be optimistic because, at least in 1921, many changes were happening at Springfield High. A new school building was erected on the site of the old one; a basketball hall was built, and an orchestra was formed. With Springfield High being so small, it was hard to find an adequate number of musicians. So small in number, SHS' orchestra only had the instruments clarinet, violin, coronet, trombone, drum and piano represented. Still, the students were excited and applauded the formation of the musical group.[5]

[5] The Millers: History of Springfield High School, editor Pat Albright, 14.

=Administration=

==Springfield High School Principals==

[[Sutton, W.F.|W.F. Sutton]] [[1897]]-[[1906]]

[[Roberts, Flavius|Flavius Roberts]] 1906-[[1907]]

[[Baughman, H.C.|H.C. Baughman]] 1907-[[1912]]

[[Stroud, P.M.|P.M. Stroud]] [[1913]]-[[1914]]

[[Roth, F.M.|F.M. Roth]] [[1920]]-[[1923]]

[[Torbert, J.E.|J.E. Torbert]] 1923-[[1924]]

[[Morgan, A.J.|A.J. Morgan]] [[1927]]

[[Buell, W.E.|W.E. Buell]] [[1929]]-[[1935]]

[[Marschatt, L.E.|L.E. Marschatt]] 1935-[[1936]]

[[Martin, Glen|Glen Martin]] 1936-[[1938]]

[[Davis, Cecil H|Cecil H. Davis]] 1938-[[1944]]

[[Sabin, Owen|Owen Sabin]] 1944-[[1952]]

[[Empey, Warne|Warne Empey]] 1952-[[1956]]

[[Parnell, Dale|Dale Parnell]] 1956-[[1961]]

[[Smith, Charles|Charles Smith]] 1961-[[1964]]

[[O'Neal, Bill|Bill O'Neal]] [[1965]]-[[1985]]

[[Schiessl, Ron|Ron Schiessl]] 1985-[[1994]]

[[Heinle, Gene|Gene Heinle]] 1994-

==Student Body Presidents==

<TABLE WIDTH=400><TR><TD COLSPAN=4>Student Body Presidents</TD></TR>

<TR><TD WIDTH=40>1909</TD><TD>Lacy Copenhaver</TD><TD WIDTH=40>1910</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1911</TD><TD>Claude V. Signor</TD><TD WIDTH=40>1914</TD><TD>Walter Bailey</TD></TR><TR><TD WIDTH=40>1915</TD><TD>Herbert Hanson</TD><TD WIDTH=40>1916</TD><TD>Orson Vaughn</TD></TR><TR><TD WIDTH=40>1917-1919</TD><TD>Unknown</TD><TD WIDTH=40>1920</TD><TD>Russell Olsen</TD></TR><TR><TD WIDTH=40>1921</TD><TD>Joe Deets</TD><TD WIDTH=40>1922</TD><TD>Ralph Love</TD></TR><TR><TD WIDTH=40>1923</TD><TD>Robert Driscoll</TD><TD WIDTH=40>1924</TD><TD>Alice Tomseth</TD></TR><TR><TD WIDTH=40>1925</TD><TD>Merle McMullen</TD><TD WIDTH=40>1926</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1927</TD><TD>Evan Hughes</TD><TD WIDTH=40>1928-1932</TD><TD>Unknown</TD></TR><TR><TD WIDTH=40>1933</TD><TD>'''[[Thurman, Dalton|Dalton Thurman]]'''</TD><TD WIDTH=40>1934</TD><TD>Mary Smitson</TD></TR><TR><TD WIDTH=40>1935</TD><TD>Jack Williams</TD><TD WIDTH=40>1936</TD><TD>Lawrence Chase</TD></TR><TR><TD WIDTH=40>1937</TD><TD>Wendell Bartholomew</TD><TD WIDTH=40>1938</TD><TD>Joe Keever</TD></TR><TABLE>

=Sports=

==Springfield High Head Coaches==

===Football Coaches===

<TABLE WIDTH=400><TR><TD COLSPAN=4>Football Coaches</TD></TR>

<TR><TD WIDTH=40>1915-</TD><TD>[[Putnam, Rex|Rex Putnam]]</TD><TD WIDTH=40>[[1921]]</TD><TD>"Mack" McFadden</TD></TR><TR><TD WIDTH=40>1922</TD><TD>Harold Barto</TD><TD WIDTH=40>1927</TD><TD>Harold Finwick</TD></TR><TR><TD WIDTH=40>1933-37</TD><TD>Marion Hall</TD><TD WIDTH=40>1937-1941</TD><TD>[[Fix, Eldon|Eldon Fix]]</TD></TR><TR><TD WIDTH=40>1943-1944</TD><TD>John Young</TD><TD WIDTH=40>1946</TD><TD>Bob Johnson</TD></TR><TR><TD WIDTH=40>1948</TD><TD>John Young</TD><TD WIDTH=40>1950-1951</TD><TD>Paul Evenson</TD></TR><TR><TD WIDTH=40>1952-1954</TD><TD>[[Zellick, George|George Zellick]]</TD><TD WIDTH=40>1958-1959</TD><TD>Hal Whitbeck</TD></TR><TR><TD WIDTH=40>1962-1964</TD><TD>Shelby Price</TD><TD WIDTH=40>1965</TD><TD>Lee Insko</TD></TR><TR><TD WIDTH=40>1966</TD><TD>JC Johnson</TD><TD WIDTH=40>1968-1970</TD><TD>Jack Morris</TD></TR><TR><TD WIDTH=40>1971-1976</TD><TD>Bob Harris</TD><TD WIDTH=40>1977-1979</TD><TD>Vern Allers</TD></TR><TR><TD WIDTH=40>1979-1983</TD><TD>Chuck Burns</TD><TD WIDTH=40>1984-1993</TD><TD>Bob McKenzie</TD></TR><TR><TD WIDTH=40>1994-1998</TD><TD>Ron Simmons</TD><TD WIDTH=40></TD><TD></TD></TR><TABLE>

===Boys Basketball Coaches===

PM Stroud 1914-1915

Rex Putnam 1916-

Ben Davidson 1922

Harold Barto 1923

Lester Wilcox 1924

Walter Fenwick 1927

Marion Hall 1933-1934

Robert Chatterson 1935-1936

Harold Santee 1937

Eldon Fix 1938-1942

John Young 1945

Paul Johnston 1946-1947

Kernal Buhloer 1948

Stan Williamson 1949-1953

Roger Wiley 1954

Bill O'Neal 1955-1961

Dave Powell 1963

Ivan Harshbarger 1964-1967

JC Johnson 1968-1974

Gary Morton 1975-1979

Steve Everitt 1980-1981

Jim Fryback 1982-1993

Chuck Roberts 1994

Gene Morgan 1995-1996

Armand Lake 1997-1998

===Girls Basketball Coaches===

Miss Walling 1914

Verna Tagg 1915

Mrs. Plank 1920

Annie Hill 1924

'''[[Miller, Alberta Pauline|Pauline Miller]]''' '''[[1927]]'''

Jeanette Sullivan 1973-1975

Dinah Pflugrad 1977

Joan Spratlen 1978-1987

Charlie Olds 1988-1998

===Baseball Coaches===

<TABLE WIDTH=400><TR><TD COLSPAN=4>Baseball Coaches</TD></TR>

<TR><TD WIDTH=40>1914</TD><TD>BH Smith</TD><TD WIDTH=40>1922</TD><TD>"Mack" McFadden</TD></TR><TR><TD WIDTH=40>1923</TD><TD>George Bliss</TD><TD WIDTH=40>1924</TD><TD>Lester Wilcox</TD></TR><TR><TD WIDTH=40>1927</TD><TD>Leonard Mayfield</TD><TD WIDTH=40>1934</TD><TD>Kernal Buhler</TD></TR><TR><TD WIDTH=40>1935</TD><TD>Robert Chatterton</TD><TD WIDTH=40>1937</TD><TD>Harold Santee</TD></TR><TR><TD WIDTH=40>1938-1941</TD><TD>Eldon Fix</TD><TD WIDTH=40>1942</TD><TD>Paul Johnston</TD></TR><TR><TD WIDTH=40>1945-1953</TD><TD>John Young</TD><TD WIDTH=40>1954</TD><TD>Roger Wiley</TD></TR><TR><TD WIDTH=40>1955-1963</TD><TD>John Young</TD><TD WIDTH=40>1964-1977</TD><TD>Terry Maddox</TD></TR><TR><TD WIDTH=40>1977-1981</TD><TD>Jim Fryback</TD><TD WIDTH=40>1982-95</TD><TD>Bill Bowers</TD></TR><TR><TD WIDTH=40>1996-97</TD><TD>Jason Hawkins</TD><TD WIDTH=40>1998</TD><TD>Jim Fryback</TD></TR><TABLE>

=Entertainment=

==Plays==

1908-1909 The Devil in Society

1909-1913 No record available.

1913-1914 Mr. Bob

1914-1915 The Big Four Minstrels

1915-1916 Galliger

1916-1919 No record available

1919-1920 Me An'Otis

1920-1921 Kernel's Maid

Timothy Delano's Courtship

Home Ties

1921-1922 The White Shawl

Frank Gynn's Wife

Engaged By Wednesday

My Irish Rose

Bachelor Hall

1922-1923 When a Man's Single

When a Feller Needs a Friend

1923-1924 Squaring it With the Boss

All a Mistake

1924-1926 No record Available

1926-1927 Eliza Comes to Stay

The Whole Town's Talking

1927-1932 No record available

1932-1933 Nothing But the Truth

Kempy

1933-1934 Adam and Eva

1934-1935 The Whole Town's Talking

Hulda of Holland

Tommy

1935-1936 Peg O' My Heart

Paper Prayers

Once There was a Princess

1936-1937 Sonia, The Girl from Russia

The Patsy

Jonesy

1937-1938 Tune In

Spring Fever

The Heathers at Home

1938-1939 Happy - Go - Lucky

Heart Trouble

1939-1940 Margie Goes Modern

Apron String Revolt

1940-1941 Guess Again

One Wild Night

1941-1942 Midnight

New Fires

1942-1943 June Mad

1943-1944 The Thirteenth Chair

1944-1945 The Fighting Littles

Footloose

Almost Summer

1945-1946 Sneak Date

Two Gentlemen of Verona

Double Exposure

1946-1947 You Can't Take It With You

Drums of Death

A Date With Judy

A Christmas Carol

1947-1948 A Christmas Carol

New Fires

Tiger House

Our Hearts Were Young And Gay

1948-1949 Best Foot Forward

A Christmas Carol

1949-1950 A Little Madcap

Cat O'Nine Tails

Maritana

A Christmas Carol

==News Publications==

Nonpareil (1908-?), Edna Nickerson (editor, 1909)

The Headlight, Walter Bailey (editor, 1915)

SHS Tattler (1918-1924). A column printed weekly in the [[Springfield News]].

1921-1922 Mable Humphrey (editor)

1922-1923 Alfred Townsend (editor)

The Go-Getter (1924-?)

1923-1924 Pauline Jack (editor).

==Yearbooks==

Nonpariel (Senior Edition) 1910-1911. Olive M. Smith (Editor), D.C. Baughman (Advisor)

High School Annual 1913-1914. [[Hansen, Herbert|Herbert Hansen]] (Editor)

1914-1915. Walter Bailey (Editor)

1915-1916. Orson Vaughn (Editor), Verna Tagg and Rex Putnam (Advisors).

[[Category:Springfield]]

Tuttle, Simon

Admin — Sat, 23 Aug 2008 21:24:02 GMT

Admin:

==Letter to [[Tuttle, Simon|Simon Tuttle]]==

[[Springfield]] Oreg [[December 10|Dec 10]]/ [[1888|88]]

To Simon Tuttle

You are hereby notified that on [[December 3|Dec 3d]] 1888 at the regular town

Election held in Springfield on said date. you were duly Elected Mayor of said Town of Springfield for the ensuing year.

Given undo my hand the 10th day of DEC 1888

Jas Armstrong <seal></seal>

Recorder

==Official Oath==

I do solemnly swear that I will faithfully perform the duties of Mayor of the Town of Springfield to the best of my ability and faithfully demean myself in office so help me God

Simon Tuttle

Subscribed and sworn to before me this 10 day of DEC 1888

Jas Armstrong <seal></seal>

Recorder

==Resignation==

Springfield [[April 3]]rd, [[1889]]

To the Honorable

The Council of Springfield

I herewith tender you my Resignation of the Office of Mayor of Said Town. feeling Satisfied of your granting it I have the Honor to be your Obedient Servant.

Simon Tuttle,

[[Category:Springfield residents (1800s)]] [[Category:Springfield mayors]]

{{Springfield_Mayors}}

Tuttle, Simon

Admin — Sat, 23 Aug 2008 21:22:57 GMT

Admin: /* Letter to Simon Tuttle */

==Letter to [[Tuttle, Simon|Simon Tuttle]]==

[[Springfield]] Oreg [[December 10|Dec 10]]/ [[1888|88]]

To Simon Tuttle

You are hereby notified that on [[December 3|Dec 3d]] 1888 at the regular town

Election held in Springfield on said date. you were duly Elected Mayor of said Town of Springfield for the ensuing year.

Given undo my hand the

10th day of DEC 1888

Jas Armstrong <seal></seal>

Recorder

==Official Oath==

I do solemnly swear that I will

faithfully perform the duties of

Mayor of the Town of Springfield to

the best of my ability and faithfully

demean myself in office so help me

God

Simon Tuttle

Subscribed and sworn to

before me this 10 day of DEC 1888

Jas Armstrong <seal></seal>

Recorder

==Resignation==

Springfield [[April 3]]rd, [[1889]]

To the Honorable

The Council of Springfield

I herewith tender you my Resignation of

the Office of Mayor of Said Town.

feeling Satisfied of your granting it I have the

Honor to be your Obedient Servant.

Simon Tuttle,

[[Category:Springfield residents (1800s)]] [[Category:Springfield mayors]]

{{Springfield_Mayors}}

Template:Springfield Mayors

Admin — Sun, 22 Jun 2008 00:29:27 GMT

Admin:

{{Government_Offices|
|title = Mayors of Springfield
|list1 = [[Walker, Albert|Albert S. Walker]] • [[Lee, S.I.|S.I. Lee]] • [[Tuttle, Simon|Simon Tuttle]] • [[Maxwell, T.O.|T.O. Maxwell]] • [[Morrisette, William|William Morrissette]] • [[Maine, Maureen|Maureen Maine]] • [[Leiken, Sid|Sid Leiken]]
|image = [[Image:Municipal Flag of Springfield.jpg|60px]]
}}

<noinclude>
{{clear}}
===Usage===
Copy and paste the following code to use the template.

<pre><nowiki>
{{Springfield_Mayors}}

</nowiki></pre>

[[Category:Infobox templates]]
</noinclude>

Category:Springfield mayors

Admin — Sun, 22 Jun 2008 00:27:05 GMT

Admin:

=1885 to 1900=

[[Walker, Albert|Albert Walker]] was the first mayor of Springfield. He was in his office from [[1885]] to [[1887]].

[[Lee, S.I.|S.I. Lee]], between December, 1887 to February, 1888 was the second mayor.

Albert Walker took the office briefly from April 8, 1888 to December 9, 1888.

*[[Bowerman, P.J.|P.J. Bowerman]] was the third mayor but Pro-tem. He was in his office from April 9, [[1888]] to December, 1888.

*[[Pengra, William B|W.B. Pengra]] was the fourth mayor but Pro-tem. He was in his office from February, 1889 to second election for mayor.

[[Tuttle, Simon|Simon Tuttle]] was the fifth but second publicly elected mayor. He was in his office from December 10, 1888 to April 3rd, [[1889]].

[[Maxwell, T.O.|T.O. Maxwell]], was the sixth mayor but Pro-tem. He was in office from [[April 11]], 1889 to [[December 4]], 1889.

[[Wheeler, A|A. Wheeler]] was the fifth mayor. He was in his office from [[1891]] to [[1895]].

[[Marten, E.C.|E.C. Marten]] was the sixth mayor. He was in his office from [[1896]] and [[1900]].

=1901 to 1920=

[[Innis, J.B.|J.B. Innis]] was the seventh mayor in [[1900]] and [[1902]].

[[Skeels, H.A.|H.A. Skeels]] was the eighth mayor in [[1903]].

[[Jayne, R.A.|R.A. Jayne]] was the ninth mayor from [[1904]] to [[1907]].

[[Peery, M.M.|M.M. Peery]] was the tenth mayor from [[1908]] to [[1909]].

[[Sutton, W.M.|W.M. Sutton]] was the eleventh mayor from [[1910]] to [[1911]].

[[Stevens, Welby|Welby Stevens]] was the twelfth mayor from [[1912]] to [[1913]].

[[Scott, Charles L|Charles L. Scott]] was the thirteenth mayor from 1913 to [[1915]].

[[Morrison, E.E.|E.E. Morrison]] was the fourteenth mayor from [[1916]] to [[1920]].

=1921 to 1940=

[[Eggiman, C.F.|C.F. Eggiman]] was fifteenth mayor from [[1921]] to [[1924]].

[[Bushman, G.G.|G.G. Bushman]] was sixteenth mayor from [[1925]] to [[1928]].

[[Wilson, C.O.|C.O. Wilson]] was seventeenth mayor from [[1929]] to [[1930]]. He died in office.

[[Tyson, W.P.|W.P. Tyson]] was eighteenth mayor from [[1930]] to [[1934]]. He died in office.

[[Turner, E.H.|E.H. Turner]] was nineteenth mayor from [[1934]] to [[1936]].

[[Pollard, W.H.|W.H. Pollard]] was twentieth mayor from [[1937]] to [[1940]].

=1941 to 1960=

[[Chandler, Charles E|Charles E. Chandler]] was twenty-first mayor from [[1941]] to [[1944]].

[[Gerlach, Claude|Claude Gerlach]] was twenty-second mayor from [[1945]] to [[1948]].

[[Larson, J.M.|J.M. Larson]] or B.P. Larson was twenty-third mayor from [[1949]] to [[1952]].

[[Harms, Edward C Jr.|Edward C Harms Jr.]] was twenty-fourth mayor from [[1953]] to [[1960]].

=1961 to 1980=

[[Rogers, B.J.|B.J. Rogers]] was twenty-fifth mayor from [[1961]] to [[1964]].

[[Scofield, David|David Scofield]] was twenty-sixth mayor from [[1965]] to [[1968]]. He died in office.

[[McCulley, John E|John E McCulley]] was twenty-seventh mayor from [[1969]] to [[1972]]

[[Courtright, Darwin|Darwin Courtright]] was twenty-eighth mayor from [[1973]] to January 19, [[1975]]. He died in office.

[[Freeman, Vance|Vance Freeman]] was twenty-ninth mayor from January 20. 1975 to [[1976]].

[[Meyer, Vernon A|Vernon A Meyer]] was thirtieth mayor from [[1977]] to [[1980]].

=1981 to 2000=

[[Lively, John D|John D Lively]] was thirty-first mayor from [[1981]] to June, [[1984]]. He resigned.

[[Larson, Christine|Christine Larson]] was thirty-second mayor from June, 1984 to December, [[1986]] as pro-tem.

[[Rennie, Sandra|Sandra Rennie]] took action on June 9th [[1986]] and appointed mayor June 16. She served her term until December 31, 1986.

[[Gorman, Richard|Richard Gorman]] was mayor from [[1987]] to [[1988]].

[[Morrisette, William|William Morrissette]] was mayor from [[1989]] to January 4th, [[1999]]. He resigned to become state representative.

[[Maine, Maureen|Maureen Maine]] was appointed mayor January 4th, [[1999]] and resigned September 18, [[2000]].

=2001 to Present=

[[Leiken, Sid|Sid Leiken]] was appointed mayor September 18, [[2000]] and is still in office as of September [[2007]].

{{Springfield_Mayors}}

[[Category:Springfield]]

Template:Springfield Mayors

Admin — Sun, 22 Jun 2008 00:24:53 GMT

Admin:

{{Government_Offices|
|title = Mayors of Springfield
|list1 = [[Walker, Albert|Albert S. Walker]] • [[Lee, S.I.|S.I. Lee]] • [[Tuttle, Simon|Simon Tuttle]] • [[Maxwell, T.O.|T.O. Maxwell]]
|image = [[Image:Municipal Flag of Springfield.jpg|60px]]
}}

<noinclude>
{{clear}}
===Usage===
Copy and paste the following code to use the template.

<pre><nowiki>
{{Springfield_Mayors}}

</nowiki></pre>

[[Category:Infobox templates]]
</noinclude>

Template:Government Offices

Admin — Sun, 22 Jun 2008 00:22:29 GMT

Admin:

<table border="0" cellspacing="0" width="100%" style="margin:0 0 .5em 1em; background:#fff; border-collapse:collapse; border:1px solid #999; font-size:smaller; line-height:1.5; ">
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File:Municipal Flag of Springfield.jpg

Admin — Sun, 22 Jun 2008 00:20:52 GMT

Admin:

Shelton, Thomas Winthrop

Admin — Thu, 27 Sep 2007 17:05:22 GMT

Admin:

Dr. Shelton, born in the State of Missouri on [[October 4]], 1844, moved to Yamhill County, Oregon, when he was 2 years old. Thomas graduated from Toland Medical College in San Francisco, and returned to Oregon to practice medicine in Salem.

The Shelton's moved from Salem, Oregon, to [[Eugene]] in [[1884]] with their new baby daughter, Alberta. Four years later, they built a house on the lower, south-facing flank of [[Skinner's Butte]]. Dr. Shelton established a lucrative practice as a doctor and druggist and became involved in local business and real estate ventures. He was part owner of the first water utility in the city, and he was responsible for the laying of the first water mains along [[Willamette Street (Eugene)|Willamette Street]] and the construction of the first reservoir in Eugene.

Thomas experienced a lengthy period of poor health, and finally succumbed to leukemia in February [[1893]]. He was 49.

[[Category:Eugene residents (1800s)]]

Shelton-McMurphy House

Admin — Thu, 27 Sep 2007 17:02:26 GMT

Admin:

{{Lane_County_Buildings|
|image=[[Image:Shelton McMurphy House in Eugene of 1900.jpg|250px]]
|image_description=Shelton McMurphy House in Eugene of 1900
|building_name=Shelton-McMurphy-Johnson House
|style=Queen Anne Revival
|construction=[[1888]]
|destruction=
|architect=[[Roney, Nelson|Nelson Roney]]
|owner=[[Shelton, Thomas Winthrop|Thomas W. Shelton]]
|initial_use=Residential
|square_footage=
|height=
|city=[[Eugene]]
|area=[[Eugene Downtown]]
|address=303 [[Willamette Street (Eugene)|Willamette St.]]
|zip_code=
|importance=Historical residence

}}

==History==

Residence of [[Shelton, Thomas Winthrop|Thomas W. Shelton]], and his wife [[Shelton, Adah Lily Lucas|Adah]], and his daughter [[McMurphy, Alberta Shelton|Alberta]], built in [[1888]] on the southern slope of [[Skinner's Butte]]. This house was designed by Walter D. Pugh, Salem architect, in Queen Anne Revival style, and built by [[Roney, Nelson|Nelson Roney]]. After the death of T.W. Shelton, the house became the residence of [[McMurphy, Robert|Robert]] and Alberta Shelton McMurphy. The third owners were Drs. [[Johnson, Eva Frazer|Eva]] and [[Johnson, Curtis|Curtis Johnson]] who deeded the property to [[Lane County]]. Parts of the house are open to the public. The house is known locally as the "Castle on the Hill," and is located at 303 [[Willamette Street (Eugene)|Willamette St.]], [[Eugene]].

Over the past century, the Shelton-McMurphey-Johnson House has been home to three families - the Shelton's, the McMurphey's, and the Johnson's. Each family has made its unique contribution to the house and grounds.

==Timeline==

[[1884]] Dr. Thomas Winthrop Shelton and his wife Adah Lily Lucas Shelton move to Eugene with their daughter Alberta

[[1887]] First house built at 303 Willamette burns to ground in November before the Shelton's move in - fire attributed to disgruntled worker

[[1888]] house rebuilt and becomes home to Dr. & Mrs. Shelton and 16 yr. old Alberta

[[1892]] Spring - Shelton was instrumental in roadway to top of Skinner's Butte

[[1893]] February - Dr. Shelton dies of Leukemia and pneumonia; Alberta marries Robert McMurphey

[[1910]] Adah Lily Lucas Shelton dies at age 58

[[1912]] Sleeping porch addition to the house - all eight McMurphey's sleep with plenty of fresh air.

[[1919]] Conservatory extended to accommodate Robert McMurphey's failing health; becomes a home office for this busy member of Eugene's business community

[[1949]] Alberta Shelton McMurphey passes away

[[1951]] Eva Frazer Johnson and Curtis Johnson purchase 303 Willamette Street - Over ensuing years attention is paid to returning the house to its former image - turret restored, again painted green

[[1967]] Dr. Curtis Johnson dies - Eva begins to have tenants to keep the house vibrant and full of life

[[1976]] The "Castle on the Hill" is deeded to Lane County by Eva Johnson

[[1986]] Dr. Eva Johnson passes away.

[[Category:Eugene]] [[Category:Eugene Downtown]] [[Category:Willamette Street (Eugene)]] [[Category:Eugene residential]]

File:Shelton McMurphy House in Eugene of 1900.jpg

Admin — Thu, 27 Sep 2007 17:01:17 GMT

Admin:

1986

Admin — Mon, 17 Sep 2007 23:49:59 GMT

Admin:

{{EventYearsInDecadeCat|1986|198|6|1970|1990|era=1900s}}

=[[Lane County]]=

==[[Coburg]]==

*[[January 12]], 1986 Coburg receives National Historic District Status.

1979

Admin — Mon, 17 Sep 2007 23:45:38 GMT

Admin:

{{EventYearsInDecadeCat|1979|197|9|1960|1980|era=1900s}}

=[[Lane County]]=

==[[Coburg]]==

*Heritage Committee formed.

==[[Springfield]]==

*Between 1979 and 1981, [[Willamalane Senior Center]], the new [[Springfield City Hall|city hall]] and [[Springfield Museum]] opened.

1961

Admin — Mon, 17 Sep 2007 23:43:58 GMT

Admin:

{{EventYearsInDecadeCat|1961|196|1|1950|1970|era=1900s}}

==[[Springfield]]==

===Education===

Classroom crowding continued to be a problem through the remainder of the decade and into the 1960s until several new schools opened, including Guy Lee in [[1961]] and Centennial, Douglas Gardens, Yolanda, and Briggs in [[1963]].

1964

Admin — Mon, 17 Sep 2007 23:43:32 GMT

Admin:

{{EventYearsInDecadeCat|1964|196|4|1950|1970|era=1900s}}

==[[Springfield]]==

In 1964, competition and other market forces resulted in the closure of most of the mill. Several of the buildings were converted into a retail center which lasted until the early [[:Category:1980s|1980's]].

1963

Admin — Mon, 17 Sep 2007 23:42:59 GMT

Admin:

{{EventYearsInDecadeCat|1963|196|3|1950|1970|era=1900s}}

==[[Springfield]]==

===Education===

Classroom crowding continued to be a problem through the remainder of the decade and into the 1960s until several new schools opened, including Guy Lee in [[1961]] and Centennial, Douglas Gardens, Yolanda, and Briggs in [[1963]].

1962

Admin — Mon, 17 Sep 2007 23:42:35 GMT

Admin:

{{EventYearsInDecadeCat|1962|196|2|1950|1970|era=1900s}}

=[[Lane County]]=

==[[Coburg]]==

*Coburg annexes into School District 4J and new school built for grades 1-6. The older students are bussed to Cal Young and Sheldon.

1962

Admin — Mon, 17 Sep 2007 23:41:46 GMT

Admin:

=[[Lane County]]=

==[[Coburg]]==

*Coburg annexes into School District 4J and new school built for grades 1-6. The older students are bussed to Cal Young and Sheldon.