settlers in a newly surveyed township to initiate their titles within ninety days after the approval of the survey. Titles to Government lands can neither be perfected nor initiated in an unsurveyed township. However, the term of a person's residence on the claim before survey counts as part of the five-year period required for actual residence under the homestead law. Thus, if the proof shows that a person has been a resident on a tract of land for the full five years, it only becomes necessary for him to make his filing, advertise during a period of six weeks, submit his final proofs and receive his final certificate, which is followed by a patent without unnecessary delay, for no other expense than the advertising and filing fees, which would not amount to over $25.
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
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