Looters of the Public Domain/Chapter 4
Chapter IV
DURING 1899 and 1900, my partner, Horace G. McKinley, and myself had been doing considerable speculating in timber lands in Oregon, and because of our extensive operations, had occasion to visit frequently the Roseburg and Oregon City Land Offices. It came to our notice that a great many unperfected homestead entries within the Cascade Forest Reserve were being proven up on, and it occurred to us, because of our knowledge of the fact that a large majority of the homesteaders were not bona-fide settlers and had not complied with the law in any particular, and further, because of our knowledge that the lands being proved up on were of comparatively small value, that there must be some good reason for this abnormal rush in the line of securing titles to such lands, we decided to make an investigation. It resulted in the discovery that these tracts, immediately after final proofs were made, were being transferred to lumber syndicates, for the purpose of creating "base" to be used in selecting other and better lands in lieu thereof.
Under the provisions of the second section of the Act of Congress of June 4, 1897, it was specified "that in cases in which a tract covered by an unperfected claim, or by a patent, which is included within the limits of a public forest reservation, the settler or owner thereof may, if he desire to do so, relinquish the tract to the Government, and may select in lieu thereof a tract of vacant land open to settlement, not exceeding in area the tract covered by his claim or patent." The provisions of this Act entitled the owner of any perfected title within a forest reserve to relinquish his right thereto, through deed to the Government, and to select in lieu thereof, the same number of acres of any unoccupied, surveyed lands, within the United States.
During 1900, the survey of Township 11 South, Range 7 East, Willamette Meridian, was approved, and the lands therein were opened to entry. This township, being within the Cascade Forest Reserve, afforded all who owned lands therein an opportunity to exchange their holdings with the Government and to select, in lieu thereof, any tract of vacant surveyed public land in the United States, of the same area. Those who did not wish to make a trade of this sort, had the option of selling their holdings at a fluctuating market value for tracts of this kind, ranging all the way from $5 to $7.50 per acre. The purchaser, of course was vested with the same right granted to the original owner, relative to exchange with the Government, and these lands were used as the basis in making other selections, and became popularly, though erroneously known as "scrip."
When McKinley and I learned that Township "11-7" was in the market, and realizing that it was situated near the summit of the Cascade Mountains, at an elevation where the prospects of Governmental inquiry concerning entries were exceedingly remote, we concluded to make a lot of homestead filings there, under the pretense that it was being done by settlers who had long been residents of the township, and who were about to take advantage of the law that permitted T. 11 S.; R. 7 E., Or.
Our idea was to locate as many persons as possible in that township, under the homestead law, and to furnish them the money with which to make final proof and cover their incidental expenses, and as soon as final proof was made, to have them deed the land to us at a price agreed upon in advance.
Having determined upon the plan described, we associated with us in the venture, Dan W. Tarpley, a young attorney and notary public of Salem, Oregon, agreeing to pay him a certain percentage of the commissions as soon as we procured titles and disposed of the claims. His services, in return, were to consist of conducting the homesteaders to the land office for the purpose of filing their claims, attending to the advertising and the making of final proofs, and to act as a general lookout, by keeping us posted as to how things were moving along.
Persons living in 'the township were entitled to make final proof before the County Clerk of the county where the land was situated, if they so desired, or before the Register and Receiver of the Oregon City Land Office. In view of this phase of the situation, McKinley entered into an arrangement with Robert B. Montague, the Deputy County Clerk of Linn county at Albany, whereby he agreed to pay him $100 for each person who filed and made final proof before him, Montague, of course, being made familiar with all the conditions, and he understood the situation thoroughly.
Altogether, we located twelve claims in this way, of 160 acres each, which was done by ten people only, two of them filing upon two claims each, but under different names, one claim, in each of these particular instances, being filed on before Deputy Clerk Montague at Albany, and the other before the Register of the Oregon City Land Office.
Those making final proof on two claims were: Thomas R. Wilson, who filed under the names of Joseph Wilson and Thos. Wilkins; the other, Henry A. Young, who used his correct name in filing the first claim, and that of Geo. A. Graham in filing upon the second one. Nellie Backus, Alexander R. Brown, and Emma Porter, used only a portion of their real names. George L. Pettis and Zenas K. Watson were fictitious names. The only others using their correct names were Maud Witt, Harry C. Barr and Frank H. Walgamot.
This changing of names was done for the purpose of avoiding identity in case there should be any investigation by the Land Department, after final proof had been made.
Six of the claims were filed on before Montague, at Albany, and an equal number before the Register of the Oregon City Land Office.
At the time of filing, the homesteaders were required to make affidavits to the effect that they had settled upon their claims prior to the creation of the reserve, and at the time of making final proofs, they were obliged to make affidavits, corroborated by witnesses, that they were not only living on their claims prior to the creation of the reserve, but had resided there continuously up to that date, and that the improvements consisted of a good house, with outbuildings, such as a barn, woodshed, etc.; also that they had cultivated and fenced an acre or so of the land, and that the value of their improvements amounted to several hundred dollars.
The affidavits and proofs of homesteaders must be corroborated by two disinterested witnesses living near by, and who are personally acquainted with 
As township "11-7" is located near the very top of the Cascade range of mountains, and at an altitude of approximately 5,000 feet, it is very rough, rocky, and broken up with deep gorges, and covered with a dense undergrowth of brush and fir timber, with snow covering the entire district to a great depth for three-fourths of the year, thereby rendering it imposible for any one to make a living in the township under existing conditions. In fact, not a soul lives nearer than thirty miles.
Under the circumstances, it was an easy matter for us to play fast and loose with "11-7," as there was not much likelihood of anybody disputing our assertions relative to improvements, or anything else. As a matter of fact, not one of the ten who made proof on the dozen claims had ever been nearer to them than Albany, and there were no improvements on any claim.
In passing the Homestead Act, it was the intention of Congress to open up lands to legitimate settlers, who would actually reside on the property for five years before proving up; build a residence on same; till the soil, and in all, make such improvements as would justify the homesteader in remaining on the land, and making it his permanent home.
Final proofs were made on the twelve claims within a few weeks after the filings, and as no improvements whatever had been made, nor had the entrymen even gone to the expense of inspecting the lands, which they were supposed to have lived on and made their homes continuously for five years, it can readily be seen that the parties to this transaction were fraudulently attempting to secure them purely for the purpose of speculation.
As McKinley and I did not wish to be known in this matter, we arranged to have the entrymen, as soon as proofs were made, execute deeds to Mrs. Emma L. Watson, she being one of the entrymen, having taken up a claim under the name of Emma Porter, later deeding it to herself. Arrangements had been made previously between Mrs. Watson, McKinley and myself, whereby she agreed to make conveyance to any person whom we might designate, in the event of a sale. The actual cost of these claims to McKinley and myself was as follows:
| Emma Porter | $800 | |
| Maud Witt | 600 | |
| Geo. L. Pettis | 600 | |
| Nellie Backus | 150 | |
| Alexander R. Brown | 150 | |
| Harry C. Barr | 150 | |
| Frank H. Walgamot | 150 | |
| Zenas K. Watson | 150 | |
| Joseph Wilson | 150 | |
| Thos. Wilkins | 150 | |
| Henry A. Young | 150 | |
| Geo. A. Graham | 150 | $3350 |
| Land Office Fees | 300 | |
| Incidental Expenses | 150 | 450 |
| Total Cost | $3800 |
Filings were made by the claimants in October, 1900, and final proofs submitted six weeks later.
As McKinley and I bore all costs, not only regarding amounts paid to the various so-called homesteaders, but also the land office fees and incidental expenses, it will be seen that each homesteader profited to the extent of the amount credited opposite his or her name. As to our reason for paying Maud 
A few weeks after final proofs were made, while McKinley and I were at a hotel in Albany, a man named J. A. W. Heidecke approached McKinley and stated that he had lived for a long time at a little place known as Detroit within thirty miles of Township "11-7," and that he had heard of twelve people making proofs to homestead claims in that township; also that he was informed that McKinley and I were at the bottom of the deal, and that he knew very well none of the entrymen had been on their claims, nor had they complied with the homestead law in any manner. Heidecke hinted that unless he could get something out of it he would report the matter to the Commissioner of the General Land Office. The upshot of this conversation was that McKinley settled with Heidecke by paying him $50, for which amount he agreed to keep his mouth shut.
However, it was not many months after final proofs had been made, before "Lookout" Tarpley learned through Special Agent C. E. Loomis, that the latter had received instructions from the Commissioner of the General Land Office to make a thorough examination of our twelve entries in Township "11-7," charges of fraud having been filed against them by somebody.
Immediately upon learning these facts, I consulted with F. Pierce Mays, and explained to him the entire situation; how these lands had been taken up—twelve claims in all, explaining further, that the parties interested had never seen the lands and knew nothing about them, except that they were somewhere in Township "11-7," and that, as the matter stood now, McKinley and I were the sole owners of the entire twelve claims, although they were being held in trust for us by Mrs. Emma L. Watson.
After listening to my story. Mays advised that I see C. E. Loomis, Special Agent for the Oregon City Land District, suggesting that it would be an easy matter to "fix" things with him. He said, in fact, that it was about the only thing I could do.
Thereupon I wrote Loomis at Oregon City, stating that I wished to see him, and he called upon me at once at my home in Portland, when I advised the Special Agent of having learned that he had been instructed by the Land Department at Washington to investigate the homestead entries in "11-7," and upon the advice of my attorney, Mr. Mays, I had requested this conference, as I was the owner of all twelve claims.
Loomis professed to be well acquainted with Mr. Mays, and questioned me rather closely regarding the entries. I told him that I knew nothing whatever about any improvements or residence, but that, inasmuch as I had purchased the claims in good faith, I was naturally anxious to secure the patents with as little delay as possible, especially since it was my intention to use them as base in the selection of other lands. I protested against becoming involved with the Government on account of any controversy over the titles, and suggested that he make it convenient to visit the claims personally at the earliest date possible, and report his findings to headquarters at Washington without delay.
I have no knowledge of Mr. Loomis having seen Mr. Mays before calling on me, but thought at the time, as I still believe, that they had had an interview relative to the subject, as Mr. Loomis lost no time in assuring me that he would do everything in his power to have matters adjusted, and he expressed the opinion that all would terminate to my entire satisfaction. Thus encouraged, I went on to explain to Loomis that the trip to "11-7" would prove an arduous one, and quite expensive, and as I wanted to secure the patents immediately I would gladly contribute to the expense, if he would defer action on all other business and proceed at once to the township named. Thereupon, I handed Mr. Loomis a draft in the sum of $500 and informed him that, upon receipt of patents, I would give him a similar sum, and which later was handed to Mr. Loomis, after the patents were issued. The two drafts mentioned were purchased at the Wells Fargo Bank of Portland, Oregon.
Mr. Loomis then assured me that he would go right ahead and do the best he could by me, and stated further, that he had no doubt as to his ability to make a favorable report, after which, he said. I would experience little difficulty in securing my patents.
After coming to terms with Loomis, I then wrote to J. A. W. Heidecke requesting him to meet me at Albany, Oregon, on Wednesday of that week, where I wished to see him on important business. On the date indicated I went to Albany and found Mr. Heidecke awaiting my arrival, and we proceeded to business immediately. I asked him if he was much acquainted in Township "11-7," to which he replied, that he had lived in Detroit for the past fifteen years and was not only familiar with the township itself, but was also personally acquainted with every homesteader residing therein, and, in fact, with all the settlers in that part of the country.
It was amusing to me to find Heidecke so apt in volunteering information, and particularly with reference to township "11-7," when he stated that "he was acquainted with every homesteader residing therein." His antics, in endeavoring to make me think that he knew all these bogus entrymen, especially in view of the fact that I was perfectly well aware that none of them had ever been within 100 miles of the townnship, furnished one of the most comical incidents in my experience with hirelings of his calibre. After listening to Heidecke's story, I was pleased to allow him to continue in the mind that he knew these entrymen—that I was thoroughly satisfied with the fact, and that he was just the man I was looking for.
I then informed him that I had purchased the twelve claims, and that, having learned that Special Agent Loomis would soon reach Detroit, on a tour of inspection of the improvements. I would like to engage him to accompany Mr. Loomis and show him the improvements on each quarter section. I then volunteered the statement that he would be well paid for his trouble, and handed him $10 to cover his expenses to date, in coming to Albany, and an additional $100 which I thought ample to cover expense of the trip to the mountains, when Loomis arrived.
Heidecke consented to make the trip, and promised to be on the lookout for the special agent. He stated further, that he would conduct Loomis all over township "11-7," and would show him the "cabins" and other "improvements" on the twelve claims, and in addition, agreed to introduce the Special Agent to several residents of Detroit, who were "personally acquainted" with each homesteader.
My next thought was for Mr. Loomis' entertainment and comfort, so I instructed Heidecke to have a saddle horse for the special agent to ride, in addition to a pack animal, as Indian trails were the only available routes into the region. I also cautioned him to take along plenty of good things to eat and drink, particularly emphasizing the latter feature, and in all, to take the very best care of the old man, with a view to having him make a favorable report. I impressed on Heidecke that much depended upon him, and that, if he succeeded in showing all cabins, improvements, etc., to Loomis. I would give him $250 more, for his extra trouble, as I put it.
It was part of the game to keep both Loomis and Heidecke in ignorance of any monetary consideration, as between either of them and myself; in other words, not to let my left hand know what my right was doing in this respect. I aroused Heidecke's cupidity when I told him about the prospects of his getting an additional amount, and he responded joyously, "Good; just leave it to me." 
"I certainly am," I replied.
"Well, do you think you have enough pull with him to secure my appointment as a forest ranger?" Heidecke asked.
I assured him that I had and would see that he was appointed as soon as I returned to Washington, remarking further, that I expected to go there as soon as Loomis had filed his report concerning these lands.
This seemed to please Heidecke immensely, and he kept insisting upon my leaving all the details connected with taking care of Loomis to him, and that my interests would not suffer by the operation. Heidecke then returned to Detroit, to begin preparations for the reception of Special Agent Loomis. Thereupon I wrote the latter informing him of the arrangements I had made for Heidecke to meet him at Detroit, and of all preparations in advance of his coming for the proposed trip.
Some two or three weeks later I met Loomis in Portland, when he informed me of having just returned from his trip to Township "11-7," advising me that he had made a careful examination of the alleged improvements with Heidecke, whom he pronounced very much of a gentleman, rendering him every possible assistance in his work. Dr. Loomis declared that they had found all of the improvements on the twelve claims in question, although some were in a dilapidated condition, on account of the heavy snowfall of the previous winter, but that he had found sufficient evidence of habitation to justify the issuance of patents. He announced himself as satisfied that the homesteaders had acted in good faith, and had complied with the law to the best of their ability, and that he would recommend the entries to patent.
It developed afterwards that Heidecke had merely taken Loomis along some well-defined trails, that led past cabins belonging to other settlers in that part of the country, and had not been on any portion of the suspended claims with him, because it would have been a give away on both sides to have done so, and for the further reason, that they would necessarily have had to possess the agility of a goat to reach any of my claims, as they were practically inaccessible.
In speaking of the incident later to a friend, Heidecke confided that "he fooled the old man in great shape;" that after showing Loomis a certain cabin, belonging to a legitimate settler, in another township, he circled around for about half an hour, bringing up at the same cabin, but viewing it from the rear, instead of the front, as in the first instance, and later in the day, finding that he was running short of cabins, he halted Loomis, for yet a third time, at the same identical cabin, taking the precaution, on this occasion, to view it from the side. Little did Heidecke think, in his anxiety to protect my interests, that his guest on that occasion was only too glad to be fooled.
In speaking of the trip to me, Loomis stated that Heidecke introduced him to a number of residents of Detroit, and that he obtained affidavits from L. Jacobs, the store-keeper, and other citizens of the place, certifying to an acquaintance with all twelve homesteaders, and setting forth, in substance, how they had seen them a number of times during the past eight years, as they went to and fro to their claims, together with other testimony of material value. It has always been a mystery to me how he ever got those people to make such affidavits as that, unless he hypnotized them, as there was not one word of truth in anything they swore to. It is possible that Heidecke might have been smooth enough to make the affiants think they had seen those twelve entrymen up there at various times, but it could only have been accomplished through the inspiration of an optical delusion.
Loomis must have overdone the thing, as it was not a great while after he sent in his report before he called on me at my home in Portland and stated that he had received fresh instructions from the Commissioner of the General 
I immediately notified Mrs. Emma L. Watson, Nellie Backus, Thos. R. Wilson and Frank H. Walgamot, whom I found in the city, what would be required of them, and at the same time, I wired to San Francisco to "Geo. L. Pettis" and Maud Witt, to come to Portland, and upon their arrival, an appointment was made with Dr. Loomis at his rooms in the Imperial Hotel, where all of the above-named persons met and signed the affidavits, certifying to the improvements of the other six entrymen who were not present, some of whom, they declared, were out of the State, while others were out of the United States.
Some months after this, "Lookout" Tarpley informed me that he had heard, through Merritt Ormsby, a son of Captain Salmon B. Ormsby, Superintendent of the Cascade Forest Reserve, that the Commissioner of the General Land Office had instructed his father to go up into Township "11-7" and make an examination of the improvements and cultivation of these twelve homesteaders, and to ascertain, through affidavits of disinterested persons living near by, as to what they knew of the homesteaders, together with their improvements and residence on the claims.
As I was not acquainted with Capt. Ormsby, I concluded to try and work the old man through his son, Merritt, so I had Mrs. Emma L. Watson go to the Wells Fargo Bank of Portland, purchase a draft in the sum of $500, and indorse it to the order of Merritt Ormsby. I then went up to Salem and had a talk with the young man, telling him that if he could induce his father to go at once into Township "11-7," and make an examination of those twelve homestead claims and return a favorable report thereon, that I would pay him $500 as soon as the patents issued. At the same time, I flashed the $500 draft in full view, and told him that I would put it up in escrow, if he so desired. He promised to see his father right away, and the next day informed me he had had a talk with the old gentleman, who had consented to go on the trip without delay.
During my interview with young Ormsby, I impressed upon him the advisability of having his father correspond with Special Agent Loomis, with a view of meeting the latter before making the trip to "11-7," and in case he could not meet Dr. Loomis personally, to have his father endeavor to secure a copy of the Loomis report to the Commissioner, bearing upon the subject of these homestead entries, and which report, he had but recently forwarded to Washington, as I believed it would be of great benefit to his father, in view of the fact that Dr. Loomis had made a personal and thorough examination of the twelve claims prior to making his report.
I then sent "Lookout" Tarpley with Captain Ormsby to Detroit, and posted Tarpley, before leaving, in regard to Loomis' report and of Heidecke's connection therewith, instructing him to have the latter do about the same for Ormsby as he had done for Loomis, at the same time, handing Tarpley sufficient funds to entertain Ormsby in a befitting manner, settle the bills in general, and in addition, in view of the fact that the severe winter storms were probably wearing heavily on my old friend Heidecke, and believing that he would appreciate a little remembrance, I handed him a bill of respectable denomination to be given the erstwhile mountaineer.
Upon arriving at Detroit, Tarpley lost no time in advising Heidecke of the situation, at the same time presenting to him the greenback I had entrusted to his care for that purpose. The result was, the necessary affidavits were obtained from the different so-called disinterested persons, living in and about Detroit, in regard to the residence and improvements of the twelve alleged homesteaders, and which affidavits Heidecke procured in short order. At this time it was about the middle of January, 1902, and the snow was at least six feet deep over the entire township. Notwithstanding this fact, Captain Ormsby, accompanied by Heidecke, started for Township 11-7, while Tarpley, believing that his mission had been fulfilled, returned to civilization, after remaining- out one night with Ormsby during the "inspection."
Some two or three weeks later I met young Ormsby in Salem, and was informed by him that his father had made out his report and had forwarded the same to Washington; also that he had seen Special Agent Loomis before doing so, and as near as he could find out, the report would be favorable.
It developed later that Heidecke had failed to carry out his part of the programme, whether because he realized that he had gone too far already in the matter of his connection with the Loomis report, or because of the insufficiency of the amount sent to him to play the same part over again in the handling of Ormsby, I have never been able to determine. I do know, however, that Heidecke had no sooner started on the trip with Ormsby toward the mountains, when he was seized with a severe attack of the "cold feet" complaint and turned about for home, at the same time, informing Forest Superintendent Ormsby that there wasn't a cabin anywere to be found up there; that he had made the trip with Special Agent Loomis some time before, and that it could serve no good purpose to do the same thing over again. Just how Ormsby and Heidecke patched up matters between them, I have never been able to learn, but of one thing I am certain, Heidecke signed affidavits for Ormsby, testifying as to the cabins and improvements on the claims of the so-called homesteaders, all of which Ormsby accepted and forwarded to Washington, notwithstanding Heidecke's personal statement to him that the cabins and improvements never existed.
Inasmuch as I was unable to learn definitely as to the character of Forest Superintendent Ormsby's report, further than the information volunteered by young Ormsby, and which was only an opinion, I concluded to call on my old friend Mays once more, advise him of the status of affairs and learn what he had to say about the matter; so, after relating to him all the circumstances, including the various transactions wherein offers of money had been made, as well as paid, to those standing in the way of patents, particularly calling his attention to the Ormsby obligation of $500, Mays said that it would be a good plan for me to go back to Washington and see Senator John H. Mitchell, and get him to help me out. He also suggested, because of the claims being in the name of Mrs. Watson, that it would be well to have her go to Washington also, as the Senator, if it could be made to appear that Mrs. Watson was suffering on account of the delay, would probably exert himself more on her account than he would be disposed to do in the case of a man, Mays remarking at the time, "a woman's influence, you know, is always supreme."
I told Mays that I thought his suggestion a good one, and stated that I would communicate with Mrs. Watson immediatey, which I did, addressing her at Los Angeles, California, and urging that it would be necessary for her to go on to Washington and requesting that she advise me if this would be agreeable to her and if so. when she could make the trip. Upon receiving a reply, in which Mrs. Watson told me that she would go to Washington and would probably arrive there about March 1st, I called on Mays again, informed him of Mrs. Watson's disposition in the matter, and asked him for a letter to Senator Mitchell and to make it good and strong, telling the Senator how important it was that the patents issue without delay, and that I would certainly make it all right with him.
Mays agreed to comply with my request, so I purchased a ticket, called again at Mays' office, for the letter, and on the following day started for Washington, D. C.
Arriving at the Capitol city, about February 28th, 1902. I went direct to the Dewey Hotel and called upon Senator Mitchell, delivering the letter which 
had been given me by Mays. After the Senator read Mays' letter and heard what I had to say, he stated that he would be very busy that day, but for me to come around the next morning at 9:30, and he would see what could be done. Promptly at the time appointed, I called at the Senator's rooms, and went into all the details about the twelve claims, insofar as it might appear as a legitimate transaction, telling him that if he could devote a little of his valuable time to my case, and secure for me the issuance of patents, I would pay him well for his trouble. The Senator evinced a willingness to do all he could for me. We then took a carriage and drove up to the Land Department for the purpose of seeing Commissioner Binger Hermann, and after exchanging greetings all around, the Senator asked Mr. Hermann for the status of the twelve claims.
Commissioner Hermann accompanied us to Division "C," where we learned that it would be necessary to go to Division "P," so we took the elevator to one of the floors above and proceeded to the division in question, where Mr. Hermann asked one of the clerks for a status of the entries, at the same time handing him a list of the same. As the information could not be procured forthwith, the Commissioner instructed his clerk to bring it to his office, whereupon Senator Mitchell proceeded to the Senate Chambers and I returned with Mr. Hermann to his office to await the clerk's report.
About fifteen minutes later, the clerk appeared and handed to Commissioner Hermann the status of the entries, stating that the reports had all been received, that of Superintendent Ormsby having just arrived, and that they were all favorable, but that it would be several months before they could be acted upon, as they would have to come up in their regular order.
I then asked the Commissioner if it would be possible to have the claims made special, to which he replied that this could be done, provided, however, that I could show good cause why such action should be taken.
As I could not think of any "good cause" why my claims should be made special, I hesitated to make reply and evidently looked perplexed, as Mr. Hermann came to my rescue with the suggestion that I think the matter over and see Senator Mitchell again, whom he had no doubt could prepare an affidavit for me that would be acceptable to the Department.
Acting upon the advice of the Commissioner, I called upon Senator Mitchell again that evening and informed him of the status of the entries; how all reports received had been favorable, but that, inasmuch as Superintendent Ormsby's report had been received but a few days ago, it would probably be several months before the Department could act, unless they were made special. I then informed the Senator of Mr. Hermann's suggestion that I see him. and have an affidavit prepared setting forth the facts and showing cause why the patents should be expedited.
The Senator then asked me if I could present any good reasons why my claims should be made special, and which would warrant the expediting of the patents. I replied that I did not know exactly what was required; that my anxiety concerning the patents arose from the fact that I had bought the claims one year previously, and that they were now standing in the name of Mrs. Emma L. Watson, a widow, who had considerable money involved in the transaction, and was anxious to get it out; also, that under the present situation of the title, I could not dispose of the land, or borrow any money thereon. I then handed the Senator the abstract of title, showing the claims to be in Mrs. Watson's name. After reading it over, he asked me where she was, and I replied that she was on her way to Washington City and was due to arrive at any moment.
The Senator then informed me that it would be necessary for Mrs. Watson to make an affidavit, setting forth some good reason why the patents should be expedited. This, he stated, he could prepare for her in advance, as I was probably familiar with the facts and could aid him in the preparation of a list of questions that would cover the ground. I informed the Senator that I believed this possible, so he then asked me several questions relative to Mrs. Watson's need of the money that was involved in the entries, and if there was any danger of her suffering financial loss on account of delay. I replied that she had mortgaged some property in Seattle in order to get the money to put into these lands; that the mortgage was past due, and that she was hard pressed for the money.
Senator Mitchell assured me, under these circumstances, that Mrs. Watson could make an affidavit sufficiently strong to secure the expediting of the patents, and that he would prepare one in the meantime and have everything in readiness when she arrived.
Upon Mrs. Watson's arrival, March 3rd, or two days after my conversation with Senator Mitchell relative to the affidavit, I escorted her to the Senator's rooms at the Dewey Hotel and introduced them. The Senator received her very graciously, and a few moments later handed her the affidavit, which was in typewritten form, remarking that if she found it to be satisfactory, it would be necessary for her to sign and acknowledge the same. Upon her expressing some doubts relative to the contents of the document, Senator Mitchell asked her if I had not explained its nature, and she replied in the negative, stating that she had just arrived in the city and had not had an opportunity to talk the matter over with me. but admitting, however, that I was attending to the details for her.
"But. Senator, if you and Mr. Puter say it is all right for me to sign it, I will do so," she added.
Senator Mitchell then explained that the affidavit was prepared for the purpose of showing her interest in the lands, as a basis for having the patents expedited. We then took a carriage and drove to the Commissioner's office, where Mrs. Watson was introduced to Mr. Hermann by the Senator, the latter explaining to the Commissioner how Mrs. Watson had come all the way from the Coast, in order to try to secure patents to her lands, and mentioned the fact that he had prepared affidavits for the purpose of showing why the claims should be expedited, and which he would send to the Department immediately.
Mrs. Watson, the Senator and myself then drove up to the United States Senate Chamber, where we were introduced to a notary public, who took Mrs. Watson's acknowledgment, and also that of my own to an affidavit similar in effect to that made by Mrs. Watson.
While in the carriage on the way to the Senate Chamber, Senator Mitchell advised Mrs. Watson that it would be a good idea for her to call around and see the Commissioner quite often, as it would help her out by getting acquainted with him in this way and it might also tend to stir him up. He said that she would find Mr. Hermann a very agreeable man to talk with, and that he would take an interest in her case.
Mrs. Watson took the hint and made a practice of calling frequently upon Mr. Hermann, and he would invariably request some clerk to let him know how matters were progressing with regard to certain claims about which he had given instructions, and upon receipt of the information, Mr. Hermann would advise Mrs. Watson as to the progress being made, explaining to her on the occasion of each visit, that the work involved was of considerable magnitude, and that much time was required in its execution, thus soothing whatever anxiety she might have entertained in this direction.
Within four or five days after Mrs. Watson's first call on the Commissioner, I decided to pay him a visit personally, and upon arriving at his office, Mr. Hermann picked up a document from his table, remarking as he held it in his hand, that he had received it but a few minutes before from Division "P," and which document, as Mr. Hermann explained, contained a full report of the findings of said division, the result of which knocked us out completely on the twelve claims at issue.
This was a body blow which well nigh took my breath, but recovering my composure, I said: "Mr. Hermann, what am I to do?"
To which he replied in substance: "Now Puter, can't you return to Oregon, round these people up again, and secure proofs sufficient to warrant the issuance of these patents?"
Mr. Hermann's demeanor throughout, after stating that we had been knocked out completely, was such as to inspire me with hope, that, if certain conditions were complied with, the patents could be pulled out. Not stopping to ask what these conditions were, or making further inquiry into the contents of the document which Mr. Hermann held in his hand, I cut the conversation short by asking that he, as a personal favor, would defer further action on those claims until I could have a talk with Senator Mitchell, which request the Commissioner readily granted, assuring me that ample time would be extended for that purpose. Thereupon I went up to the Senate Chamber and waited for the Senator to come out.
When Senator Mitchell appeared, I took him to his hotel in a carriage, and in the course of the interview that followed, I told him exactly what Mr. Hermann had said. The Senator expressed his regrets at the turn of affairs, stating that he did not expect anything of the sort. After thinking the matter over for a few moments, he asked me if I did not think it best to follow Mr. Hermann's suggestion, and return to Oregon, where additional proofs might be secured.
I replied that it was simply out of the question—that the entrymen, after making final proof, had scattered to the four winds, some of them going to 
I went on to explain that I had considerable money tied up in the claims already, and that, unless he could pull the patents out for me, and at once, I would be put to considerable financial loss.
"Senator," I said, vehemently, "I want you to go over and see Mr. Hermann yourself, and try to get him to reconsider his action. I fail to perceive any reason why those patents should not issue."
The Senator, at this point, proceeded to assure me that he would see Commissioner Hermann at the earliest possible date, and would devote as much time to my interests as he possibly could, consistent with the many demands made upon him, in performance of the everyday routine of business.
"Now, Senator," said I, "delays are dangerous, and besides, I have other matters which demand immediate attention. Already I have something like $8,000 tied up in these lands, and I cannot afford to lose that amount. The truth is, Senator," I continued, "I stand ready to put up the last dollar that I expect to receive for those lands," and pulling two $1,000 bills out of my pocket, I placed them on the table in front of the Senator, with the remark that I considered his services well worth that amount, and insisted that he accept them and represent me, to the end that patents issue without further delay. I explained further, that with this expenditure, I would just about come out even on the deal, and that, as I fully realized his ability to represent me in the matter, I was only too glad to pay him this money for his services.
The Senator raised his hand in gentle protest, saying: "No, no, Mr. Puter, I cannot think of allowing you to pay that sum of money to me."
"That does not make any difference," I answered, "you must take it, Senator, for I have already occupied a lot of your time and I know full well, if you will go over the whole ground with Mr. Hermann, you will convince him that those patents ought to issue immediately."
I then reviewed the entire case with Senator Mitchell; how C. E. Loomis, the Special Agent, had made a thorough examination of the claims, relative to improvements and cultivation thereon, and had recommended the issuance of patents, in view of his investigations; also how he had secured affidavits from various persons residing in the neighborhood, all of whom certified to the good faith of the entrymen. I likewise cited the fact of Captain Ormsby, Superintendent of the Cascade Forest Reserve, having gone there and of his making a supplemental report, covering practically the same ground.
After listening to these arguments, the Senator said: "Mr. Puter, you cannot afford to pay me such an amount as this," at the same time, picking up one of the bills and pushing the other in my direction.
I tossed the bill back across the table to him and replied: "Senator, I insist on your taking this money; your services are well worth it in this case, and if you will only spare the time to go over the homestead proofs with Commissioner Hermann, together with the reports of Special Agent Loomis, and Forest Superintendent Ormsby, you will convince him that patents to those twelve claims should be issued without delay. I am satisfied that Mr. Hermann does not want to turn those entries down; I could see from his conversation and manner toward me that he stood ready to assist in every way possible, and am confident, 
At nine o'clock next morning I called on the Senator at his rooms in the Dewey Hotel, at which time he informed me of having called on Commissioner Hermann on the evening before; of having gone over the ground with him, insofar as Mrs. Watson's pressing need of money was concerned; also laying before him the fact of my close personal friendship with Mr. Mays, of Portland, and in addition, the Senator added, "I told him how I felt about the whole matter and advised that he do something for you without further delay. Commissioner Hermann," continued the Senator, "then mentioned having known you for a long time, and when he expressed himself as feeling kindly toward you I lost no time in 'fixing' things up with him, and I feel confident that you will experience little or no further difficulty."
The Senator then suggested that I call around and see Mr. Hermann that afternoon or the following morning and that he would probably have something definite for me at that time.
About 2 o'clock, while on my way to the Land Department, I met Mr. Hermann, who informed me that the Senator had been up to see him and that they had talked matters over relative to my twelve claims, and that it was his purpose to take the matter up personally and, if within his power, he would have the patents issued.
I did not find it convenient to call on Senator Mitchell again that evening, but paid him a visit on the day following, when I proceeded to inform the Senator that I had met Mr. Hermann on the afternoon of the day before and that he had promised to take the matter of my patents up personally.
"It is evident, Mr. Puter, that I have seen Mr. Hermann since you talked with him last," broke in Senator Mitchell, "as he told me last evening that he found everything all right and had decided to issue the patents."
This was good news to me, so I repaired at once to the Commissioner's office, and was told by Mr. Hermann that he had ordered the patents issued and that I would get them in a few days.
Two or three days later, I called again on the Commissioner to make sure of the ground, and Mr. Hermann sent one of his clerks down into the basement with me, where we found a female clerk, whose business, I was given to understand, was to write up the patents, and I ascertained that she was working on those of mine, much to my satisfaction and relief, for now, at last, the long chase was indeed drawing to a close.
I then returned to the Dewey Hotel and informed Senator Mitchell that everything was all right, as I had seen several of my patents made out, and that the others would be forthcoming immediately, so I bade him goodby and returned to Portland, Oregon, via California, and when I arrived in Portland, the entire twelve patents were awaiting me.
Calling on F. Pierce Mays immediately on my return, I gave him a complete history of my experience in Washington; how I had "backed and filled"—lost and won—only to lose again, and how, in my last desperate effort, as it were, I planked down a cold two thousand, and, in the immortal words of the Yankee trader who said, "Money talks," I managed to come off victorious, though I was forced to admit, without having added materially to my bank account.
After finishing my story, I thought that Mays would have a fit, right there and then.
"Two thousand dollars—two thousand dollars," he repeated, "why, man, what were you thinking about?"
"Had to be done," said I, "it was a case of come through or lose everything."
To say that Mays was angry with me would be expressing it mildly. He said that those people in Washington would think I was made of money and would eagerly await my return visit.
"Yes, sir," said he, "you have ruined the game, Puter, and from this time on, it will be a case of 'money talks' or no business, whereas, heretofore, we could get most anything- asked for at comparatively little expense."
Mays thought that $500 was a great plenty for the work involved, and upbraided me severely for having paid a cent more.
Having escaped from Mays' office, the question arose as to which of my experiences was the most exciting. In Washington, I was in danger of becoming a bankrupt and losing my credit; while upon my return home, it appeared, for the moment, that my very life was in jeopardy.
My first thought was to leave the country, but as I had gone to the trouble and expense to secure patents to those lands, I decided to stop off at Albany, Oregon, where I had the patents recorded and obtained an abstract of title. I then mustered up sufficient courage to return to Portland, where I called on Frederick A. Kribs, the financial agent of C. A. Smith, the millionaire lumberman of Minneapolis, Minn., mention of whom has been made in a former chapter. I informed Mr. Kribs that patents had been issued to the twelve claims in Township "11-7" and that, as I had agreed to sell them to him upon receipt of patents, I asked as to his disposition in the matter at this time.
Mr. Kribs was glad to learn that the title had been made clear, as he had an opportunity to select twelve quarter claims of extra fine timber land in lieu thereof.
As Mr. Kribs wanted to secure transfer of the property immediately, I had him make out a deed, which I presented to Mrs. Watson upon her return from the East, and had her appear before a notary public to acknowledge the same, transferring the property to Kribs, after which Mrs. Watson returned the deed to me, and I called on Mr. Kribs again, turning over the deed and abstract of title to him, and receiving in return, a check made payable to Emma L. Watson in the sum of $10,080, which was at the rate of $5.25 per acre. The check in question was delivered to Mrs. Watson by me and deposited by her to her personal account, at which time she deducted the amounts advanced toward the purchasing of the claims, together with the amount she was to receive for her personal claim, and handed me a check for the balance.
