The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, February 01, 1907, Page 3, Image 3

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    'II Ill < ] NORFOLK WKKKIjY NKWS-JODRNAh : PHI PAY , KKMItUAUY 1 , 11)07. )
THEN SEWER CONSTRUCTION
STOPS FOR WINTER.
NOW THIRTY INCHES OF FROST
Contractor O. P. Hcrrlck Arrived at
Noon From DCS Molnes to Pay Out
Another $1,200 for Labor Sewer
Bonds Not Yet Disposed of. .
( From Sntunliiy'H Dully. )
There will be two more weeks of
work on the construction of Norfolk's
now sewer this winter , nftor which the
contractor and the laborers will tnko
n. rest until about the fifteenth of
April on account of the frost. Within
two weeks It Is expected that the sewer -
or will bo completed from the Elkhorn
river , two miles southeast of ( ho city ,
to Norfolk avenue and First street.
Frost is now thirty Inches ( loop and
Contractor O. P. llerrlck , who arrived
nt noon from DCS Molnes , says that
after the sewer Is completed to Nor
folk avenue It will not pay to work
longer and the lay-off will be taken
until the frost thaws out.
Pays Out Another $1,200.
Mr. Ilerrick , besides coming to look
over the work thus far , also came to
pay out another $1,200 for labor. The
checks were drawn up during tlio af
ternoon.
After the frost goes out of the
ground the work will ho resumed from
First street west on Madison and Park
avenues and the contract will bo com
pleted early in the spring.
Bonds Not Yet Sold.
The sewer bonds have not yet been
old , though J. B. Haase , one of the
committee appointed to look after the
matter , reports that two or three firms
In the cast have become somewhat In
terested and a sale may be made soon.
SATURDAY SIFTINGS.
\V. R. Locke was In the city yester
day from Stanton.
J. H. Conley expects to icove soon
for Texas on business.
G. J. Borgstrom , jr. , of Columbus
was in Norfolk yesterday.
K. B. Cook was over from Wayne
yesterday.
O. I. Stone was over from Madison
yesterday.
A. W. Wilson of Utica was in the
city yesterday.
V. Voigt from St. Edward was a city
visitor yesterday.
Dr. C. A. McKim returned to his
home in Lincoln.
Emil Ekberg of Brunswick was in
the city yesterday.
13. G. Malone of Columbus was in
the city yesterday.
Sarah 13. West was in Norfolk yes
terday from Ulysses.
M. L. Ames of Henderson was in
in the city yesterday.
\ C. J. Carrlg of Columbus was a Nor
folk visitor yesterday.
Alice Yount came down from Croigh-
ton Saturday morning.
J. Higbcc of Meadow Grove was a
Norfolk visitor yesterday.
Myron S. Whitney was in Norfolk
yesterday from Randolph.
C. D. Case of Wood Lake was a
Norfolk visitor yesterday.
II. D. Wizgznt was a Norfolk visitor
yesterday from Clearwater.
W. J. Scott was a Norfolk visitor
yesterday from South Bend.
C. L. Daniels left this week for
Wayne whore ho will open an office.
Mrs. Daniels left for Wayne today.
Miss Nora Stlrk and Miss Margret
Lund of Battle Creek were in Norfolk
yesterday.
H. A. Drebert went to Lincoln on
the early train Saturday morning.
Gco. D. Butterfleld , who went to St.
Paul a few days ago , concluded to ex
tend his trip to Winnipeg , Man.
Mrs. H. A. Compton , who has been
Tlsiting her daughter , Mrs. R. B. Dry
ant , returned to her home in Schuyler
Saturday.
Fred Hellorman , who has been con L-
fined to his homo since returning from
the firemen's meeting at Grand Island ,
is again able to bo about.
Mrs. L. M. Tompkins of Inman
stopped off in Norfolk to visit her
daughter , Mrs. E. L. Loucks , and left
for Schuylor where she will spend a
few days with another daughter , Mrs.
Fred Kenny ,
Lorin H. Doughty returned to Nor
folk Saturday morning from Burke
where he has been working for sorno
time past with the construction com ' "
pany on the extension of the North
western road from Bonooteel.
.
Miss Helen Bain is on the sick list
this week.
Julius Salzwedlo Is again suffering
with rheumatism in his right arm.
Engineer C. D. Fisher of Cbadron
is here on business.
Engineer Pat Kllloran is taking a
few days lay-off and I. N. Owens is
taking ills place.
' Engineer James Callings is sick and
Barney Cnldwoll is taking his place.
Mrs. John Quick Is among the sick
Fireman E. C. Smith of Chadron
will now run out of here.
Mrs , Ira Taylor Is In Lynch visiting
with her mother , Mrs , Sellier , Orr one
other relatives.
Mrs. Gilbert Anderson left on the
early morning train for a visit will
relatives in Blair.
The E. V. P. boys gave their N. Z.
girl friends a masquerade party in
the Railroad hall last evening. Mud
fun was the result of some of the cos ' -
tumes , while some were very pretty .
The evening was very pleasantly spoil it
In games and music In the course if
which lunch was served and all wen
home , feeling that they had had a
splendid time.
Miss Bessie Ettor of Niobrara , who
teaches school near Pllgor , Is here vis-
, King with her eoUHlns , MlHHoa Cieneva
, and Nora Moollck.
The ladles of the Aid society wish
to I hank Mrs. Robert Craft for her
HiiiluogH In allowing them the per-
ceiilngfvhoh ! they received from Hie
sales of Tuesday , Wednesday and
Thursday , and also the Indies who so
kindly unstated at the sales.
The infant daughter of Paul Huob-
nor died and was burled Saturday nt
Hadar.
The mercury dropped down and
struck the 1-bolow-zoro mark with a
chug during the night. It was the
coldest night of the winter thus far.
Chester Heckman of Hadar died at
his homo near Hadar. Ho had been
sick with typhoid fever. The funeral
will be hold on Monday at the Luther
an church In Hadar.
C. P. Parish Is confined to his homo
with Illness and It Is said ( hat. ho Is
threatened with typhoid fever. On
Thursday he was out In the cold wind
for some tlmo and that night , be be
came 111.
A Union Pacific olllclal states that
his road will make Homo exhaustive
experiments with stool cars on Us
lines In Nebraska. Throe of different
typos , ono n freight car , one a coach
and one a mall car , are now being
built in the Omaha shops and will be
put Into service soon. Steel framed
cars have become quite common , hut
the all-steel car Is yet to bo successful
ly used. The Union Pacific succeeded
in solving the motor car problem in
Nebraska , and now it will attempt to
build a successful stool car. The
frplght car will be limited to Nebraska
use and will be heavily loaded for ox-
oriniental purposes.
SADIE'S ' SHEEP AGAIN
iuggestlon That Flanagan's Goat
Methods be Used.
Pierce , Neb. , Jan. 28. Special to
'he News : The controversy arising
ver Sadie's sheep might be settled
ml the sheep industry stamped out
vlthln the corporate limits of Norfolk
y the city assessor taking notes from
ho Flanagan goat episode of recent
cars. It will be remembered that one
"lanagan lived on a street in n city
veil patronized by pedestrians , llav-
ng a couple small children he pur-
based a goat for their amusement but
caving the goat without restrain it
lovoted most of it's tlmo to practicing
lis passtlmo on passcrsby in the
trcet. People soon were obliged to
go two extra blocks to avoid a colli-
ion with his goatship's head. It so
iiippened that one Finnigan ( the city
issessor ) lived farther out on the
amo street. When Flanagan ap-
) earcd at the treasurer's office to pay
ils tax ho was confronted with a llfty
lollar tax to pay on a goat. Raising
great "holler" he was referred to the
city assessor. Flanagan approached
lis Irish friend most audaciously and
demanded an explanation as to why he
required to pay a fifty dollar tax-
on a goat that only cost two dollars.
i'innigan , equal to the occasion , pulled
he law on Mr. Flanagan and read
'property abounding and abutting on
Genoa street shall be assessed at twen-
.y-flvo dollars per front foot , " and clos-
ug his book with a look of , dlsdain ,
Mr. Finnigan remarked , "Now go on
lome and count yez goat's front feet. "
And Another Ode.
And yet another ode to Sadie and
icr sheep has been sent In , without
.lie writer's name :
Miss Sadie had two little lambs ,
With which she used to walk ,
Until the cops of Norfolk
Made such an awful talk.
They said that she should walk alone
And leave the lambs at play
That is , "they" didn't say so ,
I guess 'twas only Hay.
But Sadie says , "It makes no dlff ,
Who made the horrid rule ,
She'll always take the lambs with her
Except to Sunday school. "
This , Sadie says , she don't attend ,
And other lands she'll seek ,
And if they kick on Norfolk Avo.
She'll take them "cross the creek.
TO .FORESTALL NORTHWESTERN
Burlington Begins Building Through
Big Horn Canon.
Thermopolls , Wyo. , Jan. 2G. A par
ty of Burlington railroad contractors
and construclors have begun building
a line of railroad through the famous
Big Horn canon In order to forestall
the Northwestern line , which was to
be built through the same canon next
spring. For twelve miles there Is room
for only one road through the cleft ,
and It has been a race between the
two roads as to which could first reach
the canon and secure the right of way.
The Big Horn canon is the key to
traffic In all northern and western Wy
oming and the only route through the
Owl Creek mountains. The North
western must seek nn outlet to the
west far to the south of its planned
1Ine >
THREE FUNERALS HELD.
Burial of Mrs. Wachter , Mr. Heckman
and Herman Schwanke.
Ono funeral Sunday and two Monday
formed the burial record for the two
days. On Sunday the funeral of Mrs.
Herman Wachter , who succumbed Frl-
day morning , was held from the home
and later from St. 'Paul's Lutheran
s'church , Rev. Mr. Witto officiating ,
Monday noon the funeral of Mr.
Heckman nt Hadar was held ,
Monday afternoon the funeral of
Herman Schwanko , who was dragged
to death In a runaway last Thursday
night , was held from St. Paul's Lulh-
eran hcurch.
LOCAL MARKET UEATS HECORD
FOR FOUR YEARS.
ALSO SOUTH OMAHA MARKET
Shortage In Hogs , Due to High Price
of Corn and Epidemic of Cholera ,
Has Sent Price Skyward With . .Joyq
ous Result for Farmers.
I From Tuemlnv'p Unily.l
Not In four years hits the prlco for
hogs boon so high In Norfolk or Ne
braska as It is right now. The local
market broke a four-year record Tues
day morning when fO.'Jfi was offered
.
per , 100 pounds of live pork , and Iho
Soulh Omaha market broke a four-
year record when It lopped the market
at fC.Sfi.
The high prlco of pork has brought
joy , to farmot-H who are fortunate
enough to own Iho live slock Just now ,
The high record Is said to bo duo to
a shortage In hogs , and ( be shortage
in hogs was duo to the high price of
corn last year nnd ( o cholera during
( he piiHt year or so which killed many
animals.
MONDAY MENTION.
It. C. Wilson of Columbus Is In the
city.
city.M.
M. 1) ) . Irvin wont to Omaha yester
day.
day.Miss
Miss Lulu Johnson spent Sunday in
Winslde.
Charles Jennings went to Omaha
yesterday.
II. C. Mercy of Pierce spent Sunday
In Norfolk.
E. L. Ruble of Crolghton was In ibo
city Saturday.
Charles Klefo of Burke spent Sun-
day in Norfolk.
II. M. Scott was down from Plain
view yesterday.
L. C. Whiting of Al.'ilon spent Sun
day in Norfolk.
A. E. Kull of Boncstcol was a city
visitor yesterday.
G. R. Ncsblt of Oakdalu was u city
visitor yesterday.
J. F. Steffes of Humphrey was in
the city Saturday.
Frank Carrier of Winner was in
Norfolk Satrday.
Editli Borryman of Crolghton spent
Sunday in Norfolk.
If. P. Wcttongel was in Norfolk Sat
urday from Turnov.
Mr. and Mrs. J. Davonson of Plain-
view are in the city.
R. II. Hall spent Sunday with rela
tives In Norfolk.
Tom Donahue of Omaha spent Sun
day at the Carberry home.
Clarence Schoflold Is back at work
again after a few days' illness.
Dr. S. W. Vallier left Monday for
his now location in Grand Island.
Mrs. Bernie King and sou of Stanton
are visiting at the homo of W. L. Kern.
C. P. Parish is much bettor and was
able to bo down town during the day.
.
Miss Ella Ilauptli spent Sunday nt
r
home , returning to Battle Crock last
evening.
Misses Nora and Stella Stirk and
Clara Palmer of Battle Crook spent
Saturday and Sunday hero.
Mrs. U. J. Davis of St. Edwards was
In Norfolk Saturday.
C. S. Johnson of St. Edward was a
city visitor on Saturday.
J. D. Darrow of Creighton was a
Norfolk visitor Saturday.
Mr. and Mrs. Van Kleek of Crelgh-
ton were in the city Saturday.
Oscar Anderson and Frank Angston
were over from Wnkefleld Satin day.
Win. Lomm and W. L. Johnson of
Vivian , S. D. , spent yesterday iti Nor
folk.
Joseph Knight and daughter of Porcupine
cupine , S. D. , were Norfolk visitors
over Sunday.
Miss Jessie Drobert spent Sunday
with relatives In Vordlgre , returning
home Monday morning.
Charles St. Glair , Joseph Chapman
and Olive Rouillard from the Santee
reservation were In the city yesterday
Collins Bros , orchestra spent Sunday
in Norfolk , They played in Hoskins
Saturday night and will play at Mead
ow Grove tonight.
Mrs. Culver of Chicago , who has
been visiting her sister , Mrs. S. M.
Braden , for two weeks , has returned
to her homo , accompanied by Mrs. Braden -
den , who will remain a short time.
F. W. Koerber , superintendent of
telegraph construction , was down yes
terday from Burke , S. D. , where his
men are stringing wires along the line
of the newly constructed railroad. ' Ho
returned to Burke at noon.
Miss Elsie Case nnd Mrs. A. Larson
spent Saturday with Mrs. Bronk Rylo
of Scribner , formerly of Norfolk.
Mr. and Mrs. Stansborry and chll
drcn are visiting with their parents
and other relatives in eastern Iowa.
Mrs. J. W. Wilson and two children
are quite sick with la grippe.
Selkirk Ellenwood Is quite sick with
la grippe.
Mr. and Mrs. John Spellrann left
yesterday noon for a visit with Mrs.
Spellman's parents in Scribner.
The little son of Mr. nnd Mrs. Clar
ence Hedripk is very sick.
Mr. and Mrs. Asby nro In Wisner
visiting with Mrs. Asby's parents.
Fred Koerber , who is superintending
the telegraph lines along the new ex
tension of the Bonesteel line , came
down on the early morning train yes
terday to visit his family , and returned
at noon.
Miss Bessie Etter , who has been vis
iting at the homo of her uncle , M , Moo-
lick , returned to her school near Pil-
gcr yesterday.
Martin Young is among the sick to
day.
Engineer C. J. Hlbbcn reported for
work this morning after being off on
u-count of the lllticsH of Mr. * , lliliboii.
A few of ( ho uolKhliorlUK > oinu !
i.illiH HiirprlKcdMM ! \ | ) HCHHC | Kttcr at
the homo of her coiiMliiM , MIHHCH ( ie-
neva null Nora Moollck , with a pitrly
Saturday evening. The tlrie wan Hpeiil
very pleasantly In miiHlc mid dancing.
' Mr. and Alrn. George a pour entor-
tallied a few friends at dinner Sunday ,
A line daughter was born at the
homo of Warren ROUHO Saturday even
ing.
Thlnlly Social guild will glvo a danc
ing party next Friday evening nt Mur-
quardt ; hall.
Mr. and Mm. J. P. Sturgeon delight
{ fully ' entertained a few frlondu at a
Vonr-courso I dinner Sunday.
The marriage of MHH ! Matilda Much-
miller to Alexander Wlchiunun Is an
nounced lo take place on February 7.
The annual ball of Iho Klldt lodge ,
which WIIH to have been given last Fri
day ' evening and was postponed , IIIIH
boon given up for thlH year and wilt
no ! bo given at all.
Mr. and Mrs. C. II. Groesbock enter
tained ' a few friends at dlnnor yester
day ' evening. Among thorn wore P.
M. Mai-roll , Kd | Hall and Thomas Hop-
kln.s
South Dakota homoMteiidorit In the
vicinity of Rapid City have received
word ( hat they will ho granted u throe
mouths' leave of absence on account
of the Hovero winter.
A social given by the members of
the ChrlHtlan church was held at the
homo of N. 1. Owoiin on Wodnemlny
night. Quito a nuiu'bor wore proHoul
and a very pleasant evening passed.
Quito a number enjoyed the dance
at the Paclllc hotel on Salurday night.
The music was good and when Iho
. ,
HOOP In the dining room was cleared
It was greatly appreciated by all pres
ent.
MIsH Delia Uorrluglon is to bo mar
ried February ft Instead of February
_
7. Miss Harrington was not previous
ly a member of the Nebraska Telephone -
phone ! company force , as was ataed ( in
these columns.
The dance to bo given at the Mar-
quiirdt hall this evening promises to
.
bo well attended. The funds received
are to bo devoted lo maintaining the
.
Norfolk band nnd Iho enlortalnment
Is entitled to a good patronage.
K. U. Small just received a letter
from his mother and sister In North
Dakota , which was mailed January C.
They are snowbound on a claim and
the snowdrifts are up to ( lie top of
their house. They are not suffering
from fuel shortage.
Mrs. H. A. Haley and Mrs. N. W.
Clover will bo liostosHos at a social
of the Ladles' guild of Trinity
church Wednesday nftoriioon at 2
o'clock at ( ho homo of Mrs. Haley.
The ladies of the parish and their
friends are cordially Invited.
The first real snow of the winler be
gan falling over Norfolk and the north
west on Sunday and continued during
Monday. The weather prediction Is
for snow and warmer weather Tues
day. ' The streets are coated \vlth
something over two Indies of the
while Hakes.
Mr. and Mrs. H. G. Corroll of Plain-
view spent Sunday in Norfolk visiting
at the home of Mr. and Mrs. C. 11.
Din-land. Mr. Corrcll had not been
out of the house since October , when
he suffered a severe fracture In a bono
between the knee and ankle. Ho was
walking down a stairway in the dark
and slipped through an opening left by
a broken step.
The wrecked Kost bridge northwest
of Norfolk , which recently turned over
and fell to the ice , has been cleared
from the river. It will be about forty-
five days before the new steel bridge
arrives. It now appears that the coun
ty got a better bargain by about $100
than ' it seemed at first , and at first
it was probably the best bargain in a
steel bridge the county will ever get.
BECAME RAVING MANIAC.
Man Named Kelly , Working on Sewer ,
Suddenly Scares Roomers.
A man giving the name of Kelly ,
who had been employed on the new
sewer construction work , yesterday he-
came violently insane at the C. C. Rob
inson rooming house , corner Norfolk
avenue and First street , and was tak
en into custody by the police. He
threatened to kill people at the lodg
ing house with chairs or anything else
that ho could seize.
It required handcuffs and feet cuffs ,
too , to handle Kelly and at that Chief
of Police Hay was compelled to get !
assistance from three big strong men
before the maniac could be landed in
jail.
Robinson now show's ' a rational mood
but it was thought ho would bo taken
to Madison tills afternoon before the
Insanity board.
Odd Fellows at Nellgh.
Fifteen candidates were Initiated
into the encampment branch of the I ,
O. O. F. nt Nellgh Friday night.
Among the grand officers there to help
with the ceremony were S. R. McFar-
land of Madison , grand sentinel ; C.
E. Doughty of Norfolk , past grand pa
triarch ; E. I. Dlmmlck of I iurol ,
grand patriarch. The Initiation con
tinued until 0:30 : a. m.
THINGS TO BE PROUD OF.
Spencer Has the Finest and Best Im
provements.
Spencer , Nob. , Jan. 28. Special to
The News : Spencer now boasts of
ofh
having the largest and finest church ,
the largest and finest school building ,
the largest and finest bank , the largest
and finest newspaper plant , the largest
and finest postolllco , the largest and
finest opera house , the largest nnd fin '
est residence , the best hotel , the best
system of water works , the finest sa
loon and the grandest fair ground ami ,
1,1y.
race track of any town in Boyd county.
WAS CAUSED DY DEATH OF W. M.
RODCRTSON.
TO HOLD MEETING THIS WEEK
Mr. Mathewson Announced That a
Meeting of Directors of Commciclal
Club Will Possibly bo Held Wednes
day Night to Discuss Future.
Owing lo ( ho death of Iho Into W. M.
UohorlHou , who WIIH president of the
Commercial club , a mooting of direct-
oi'H of thai organization will ho culled
Homo evening during the present week
for the purpOHo of Inking action to
ward Iho filling of the olllco made va
cant by Mr. HoherlHiin'H domino. Mr.
MalhowHon mild In IhlH regard that Iho
meeting would he held ponslbly
Wednesday evening nnd Unit IIH largo
an nlteuilnnce an poHHlhlo IH donlrod.
It IH said that there are Hovornl pliinn
nn fool which may bo developed for
Noiiolk'H honelll.
TO LEASE GRAZING LAND
Senator Dtirkctt'o Dill As a Solution.
Refers to Western Nebraska.
Following IH the to\l of a hill which
him been Introduced In the United
Stilton Honiilo by Senator llurholl. rol-
nllve lo u Holntlou of the public gruzn
Ing liiuilH of woHletn NehniHka ami
other Hliiles , which have been lately
Iho scene of warfare waged by Score-
lary Hitchcock of ( ho Interior depart-
monl. The bill WIIH rend twice and
then referred to the commitleo on
public lamlH. The bill roads :
Providing for the control of grazing
upon Iho public lands In the arid HtatoH
and territories of the Unltod States.
Whereas there are approximately
four hundred million acron of public
lands which yield no revenue to tin
government or the HtatoH , and Iho larg'
or part of which under prosunt condi
tloiiH IH nol siiltablo for culllvatloir ,
nor located HO Unit It can bo reclaimed
by Irrigation , nor valuable for timber
or mineral , but imoful only for pastur
ing live Htock ; and
Whereas there IH no nuthorltatlv <
control , either public or private , ol
grazing upon Iho public lamlH , ami
thlH area Is nol being used to the best
InloroHlH of lhi > people , nor under a
system which secures Its full grazing
value , but Is being lined In a way which
doHlroys to a large extent the turf
gniHH. and forage1 upon Iho land ; am :
Whereas I hero Is no law to proven !
overcrowding ( of the public range mn
to authorize occupancy thereof , for
which roiiHoiiH no lucent I vo exist H to
protect and Improve the range or lo
oKlabllHh a permanent business there
on , and many controversies arise , ro-
Hulllng both in IOHH of life and destruc
tion of property ; and
Whereas lo safeguard their bUHlnoHS
Int'M-eRtH ami Improve both tin- quality
of the slock and the condition of the
range It IH nocoHwiry In many locall-
lioH for stockmen to sccuro the right
of oxcIiiHlve use of the range by fenc
ing ; nnd
Whereas grazing on the public lauds
IH a valuable privilege protected by
federal and stale laws , and therefore
It IH fair and oqiillablo that persons al
lowed a definite use of the public
lands should pay a fair price for Hiich
privilege and for the protection given
them ; and
Whereas H Is essential that homesteading -
steading of those- lauds be encouraged
where practicable by assurance to the
homesteader of reasonable grazing fa
cilities for such number of stock as IH
necessary to consume the products of
his agricultural lands ; and
Whereas the secretary of agricul
ture is already charged with the sani
tary protection of live stock ami Its
movement from one stale to another ,
also with experimental investigations
to preserve and improve the forage ,
and to propagate grasses and forage
plants suitable to Improve grazing con
ditions upon the public lauds , and with
the administration of forest-reserve
grazing lands adjacent to and inter
spersed with the public lands herein
mentioned ; and
Whereas the administration of the
forest reserves by the department of
agriculture under the present system
of permitting grazing thereon protects
the growth of grass and other forage ,
encourages and aids the permanent es
tablishment of the live-stock business ,
thereon , gives such opportunity to the
use thereof as Is most beneficial to
the public , and encourages rather than
retards the establishment of homes
and the permanency of business ; nnd , j
Whereas the application of a similar
system to the grazing of the public
lands is to the public interest : Now ,
therefore. In order to secure the oh I
jects and benefits horeinabovo set
forth , to obtain a revenue from the
use of the nonarable public lands , to
control grazing upon the public range.
to protect and improve the forage , to :
recognize and protect range equities ,
and to encourage the establishment ' /
homes and the permanency of busi
ness :
Be It enacted by the senate and
house of representatives of the United
Mln
States of America in congress assem
bled , that the president of the United !
llb
States is hereby authorized to establish
ba
lish from time to time , by proclama
tion , grazing districts upon the unre
served , unappropriated public lands enf
the United States. Thereupon , the
secretary of agriculture , under rules
and regulations prescribed by him ,
shall execute or cause to be executed
the provisions of this act and all other
laws affecting the grazing or use of
public lands within such grazing dis
tricts , except such laws as affect the
surveying , prospecting , locating , lieP
propriatlng , entering , relinquishing ,
reconvoylng , certifying , or patenting
of any lands within such grazing
districts ; appoint all officers ncces
sary for their administration and
Kjprotection ) ; regulate their use for graz
Ing purposes ; protect them from dep-
'redatlon and injury ; restore and Im -
prove their grazing value ; issue per
mits to grnzo live stock thereon for
periods of not more than ton years ,
giving preference when practicable to
lull" ' 11 , nr | nnd In , lli" < i-lll OI'CII-
r the ran HP who iiwu Improved
iinHu'H in- who bnvo p ovlileil water
'IT I ! < < Hindi KIII/oil i.n thn public
iniilH. ami chiirxo and collect roiiHon-
ilili < IOOH for Much grazing iiormltn , an
H now dnnr fiir the IIHO of fcmiMl-ro-
niMod upon Iho KrnzltiK vnlno of Iho
and In each locality.
Hoc. l ! . That lamlH within mich grit/-
ng dlHlrlclH nhnll ho continually imb
ed to homcHlcnd entry and lo other
ipproprlnllon nnd illnpOHal under all
luldlo-liind IIIWH : Provided , thai , after
ho oiiliilillHliiuenl of any mich grazing
llHlrlcl , no form of locution , Hcltlo-
nonl , or entry thereon Hhall glvo a
right lo grazing prlvllcgoH on public
iniilH , ovcopt when made under lawn
requiring cultivation or agricultural
IHO of Iho land- Provided , thai per-
ullH to graze live Hlock upon hind
which IH HiiliHcqitontly appropriated tin
ier any public-laud law Hhnll not bo
ilfoolod by Hiich Hubnoquonl npproprl-
illou , except IIH lo the land actually
ipproprlaied , until the end of the cur
rent annual unr/lng period : Provided
'urllier , thai no permit Hhall ho given
lo any Hiich Holtler or onlryman which
ivlll enlltlo him to thi < MHO of any
HilldlngH , oorrnlH , feucoH , n-HorvolrH ,
u- oilier ImprovemonlH owned or con-
irolled by n prior occupant until ho
IIIIH paid Hiich prior occupant n ronson-
ible pro rain value for the IIHO of mich
l ImprovonicnlH. ( If Iho purlieu InloroHt-
ed can nol agree , then the amount , of
Hiich , payment Hhnll be determined un
der ruli'H of Ihi' Hoerolnry of agricul
ture : Ami provided further , ( hut land
upon which buildings. corralH , ronor-
\-olrn , wollH , or oilier Improvoinontii
owned or lawfully controlled by Iho
holder 1 of a grazing penult Imvo been
oHiabllHheil shall not , when any mic.li
ImprovenienlH ' exceed one hundred
dollars In value IIH delorinlnod by rules
J
of the Hocrelary of agriculture , bo Hub-
Jed lo Holtlemenl or appropriation
under the public-land IIIWH during the
permit period without Iho consent of
the owner of mich ImlldlngH , corrabi ,
ri-HorvolrH , wells , or other Improvo-
montH : and when Hiich Improvement *
are worth Ions than ono hundred dol-
larn , Hottloment may not bo made upon
lamlH containing them during the per
mit period until the new occupant has
paid mich amount for the Improve-
mi'iilH IIH may ho determined under the
mien of Ihi' secretary of iigrleulluro.
Sec. . ' ! . That no grazing permits In-
Hiied under thlH act Hhall prohibit nut-
tlei-H. iirospoctors , and others from en
tering upon Midi grazing districts for
nil proper and lawful pin-pones , Includ
ing Iho IIHO and enjoyment of tholr
rights and properly , and prospecting ,
local Ing , and developing thn mineral
roRonrooH of Hiich districts ; and wagon
rondH or ImprovoiuoiilH mny ho con
structed thereon In accordance with
law.
Sec. I. That , the secrolary of agri
culture may Hot aHldo such -public
lamlH In any grazing district IIH are
not occupied by a hona llde settler or
claimant under the public-land laws
not to exceed In any ono case throe
per centum of all public lands in any
grazing dlHlrlet when such lands are
needed for schools , churches , ami stale
or county ImlldlngH , or for public , ad-
mlnlftratlve , experimental , or Im
provement purposes under ( his or any
other law ; nnd when lands so sot
aside have been listed In the local land
nfllco Ihoy nhall not bo subject to set
tlement , entry , or location under the
public-land laws until such lints are
revoked by the Hocrotary. All waters
on public hind or subject to the juris
diction of the United States within
Hiich grazing districts may bo used for
domestic , mining , milling , or Irriga
tion purposes under the IIIWH of Iho
stale or lorritory wherein such graz
ing districts nro Hit mi ted or under the
InwB of the United States and the
rules and regulations established there
under.
Sec. 5. That the secretary of agri
culture shall llx n date , which shall
not be IOHH than ono year from the es
tablishment of any grazing district ,
and after such date the pasturing of
any clnsH of live Klock on public land
In the grazing district without a per
mit obtained as heroin provided shall
constitute a misdemeanor and Hhall bo
punishable by a line of not less than
ten dollars nor more than one thou
sand dollars , or by Imprisonment for
not less than ten days nor more than
ono year , or both such fine and im
prisonment , In the discretion of th
court.
Sec. d. That so much of the special
forest reserve fund provided for In
sccllon five of Ihe act of February
flrsl , nineteen hundred and five ( volume -
ume thirty-three of the United Slates
statutes at largo , page six hundred
and twenty-eight ) , as the secretary of
agriculture may from time to time al
lot Is hereby appropriated , to bo available -
able until expended , for the payment
of expenses necessary to execute the
provisions of ( his act. nnd all money
collected for grazing fees under this
net shall be deposited In the treasury
as a special grazing fund , which is
hereby appropriated , to bo expended
as follows : Ton per centum of all
money received from each grazing district
trlct during any fiscal year shall be
paid at the end thereof by the secro-
lary of the treasury to the state or
territory in which said grazing district
Is situated to be expended as the state
or territorial legislature may prescribe
for the benefit of the county or coun
ties In which the grazing district is
situated : Provided , that when any
graded district is in more than one
state or territory or county the dis
tributive share of each from the proceeds -
coeds of said grazing district shall be
proportional to Its area therein. The
residue of such receipts from all graz
ing districts shall first be used to re
imburse the special forest reserve fund
heretofore mentioned for money allot
ted thorofrom as provided In this sec
tion , and the remainder Is hereby ap
propriated and shall be available until
expended in accordance with specillc
estimates of expenditures to be sub
mitted by the secretary of agrlcullure
with the estimates of appropriation in
the annual book of estimates for the
administration , protection , and im
provement of all the grazing districts.
Sec. 7. That the president Is here
by authorized at any tlmo to modify
any proclamation establishing any
grazing district , nnd by such modifica
tion may reduce the area or change
the boundary lines of such grazing dis
trict or may vacate altogether any
proclamation creating It ,