Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington, Part 113

Author:
Publication date: 1904
Publisher: Spokane, Wash. : Western History
Number of Pages: 992

USA > Washington > Chelan County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 113
USA > Washington > Ferry County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 113
USA > Washington > Okanogan County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 113
USA > Washington > Stevens County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 113

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HISTORY OF NORTH WASHINGTON.

of the river. A coupling broke on the west side, leaving two cars on that end of the bridge. On the east side a fourth car tipped its load of steel down into the awful chasm on to the un- fortunate men who had gone down with the three other cars. This fourth car, also, broke loose and hung suspended over the yawning gulf. Immediately the work of recovering the bodies of the victims of this terrible accident began. Of the fourteen who made the awful plunge, only six were alive. Seven were taken out dead; one body was not discovered until the following day. The ninth unfortunate died following the amputation of his leg. Their names were: John Johnson, James Wright, Daniel Wakux, Nelson Nelson, Joseph Brady, A. Olson, J. J. Campbell, J. Linville, and John Leonard, conductor. The wounded were: J. Robertson, skull injured and chest torn open by a steel rail; George Nelson, deep gash in the abdomen; Charles Anderson, serious bruis- es about the body, and right arm broken ; Robert Anderson, internally injured and head badly cut; A. Maxwell, struck in the eye by a fish-plate and both shoulders dislocated; C. James, caught under a falling tie and badly bruised about the body; Henry Payne, scalp cut open from above the right eye to the back of the head. A coroner's jury returned a ver- dict to the effect that this fatal accident was caused by improper construction of the bridge.

The fall of 1872 was accentuated by an earthquake, causing a cliff from a mountain, about twenty miles up the river from Wenat- chee to slide into the Columbia. This ob- struction caused the river to "back up," acting in the nature of a coffer-dam, and the great Columbia ran dry for several hours, the entire bed being exposed. The time at which this remarkable phenomenon occurred was eleven o'clock at night. At daylight, the fol- lowing morning, the river bed was still destitute of water. When the stream broke loose it came rushing down in a column fifteen feet high.

Early in 1893 efforts were made to create

a sub-commonwealth to be known as Wenat- chee county, comprising territory south of Lake Chelan, with southern boundaries nearly identical with those of the present county. But the legislature of 1892-3 adjourned without action in this direction. At this unexpected outcome many citizens were, naturally, sorely disappointed. Still, there was subsequent con- solation in the fact that eventually victory came out of defeat, and efforts then put forth in behalf of the project were not barren of result.

Messrs. Chase and Gunn, who had been in charge of the project at Olympia for six weeks, returned to Wenatchee. Their efforts to ob- tain home government awakened sympathy, and the cause was not permitted to languish. The efforts of Representative George W. Kline were ably seconded by a number of friends, both in and out of the legislative body, and the Wenatchee, Chelan and Entiat countries be- came as well known and understood as any other portion of the state.

In June, 1894, a conservative estimate placed the height of the Columbia river at fifty- four feet above low-water mark. The main street in Lakeside was under water, and the waves surged up as high as the porch of the Lakeview House. At Knapp's ferry a newly painted house belonging to Captain Griggs, of Virginia City, was carried away together with its contents. Tons of rock were piled upon the bridge across the Chelan river. Nearly every farm along the Columbia river bottom was flooded, the water being higher than ever be- fore known. People living on the banks saw, aside from vast quantities of driftwood, dwell- ing houses, churches, sawmills, outbuild- ings, etc., going down on the breast of this stupenduous flood. J. H. Hintermister, Dr. A. S. Hayley, A. W. LaChapelle and Louis E. Dart were among those whose places were over- flowed, their crops ruined, their fruit trees, out- buildings, and in some cases their residences carried away. The town of Chelan escaped without material damage, but a large portion

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of Chelan Falls was under water. It was a period of sore trail and incalculable damage throughout the county.

This flood was caused by a very heavy snowfall the previous winter, the heaviest ever witnessed in the Cascade range. The spring was decidedly cool with no warm weather un- til May I, when the weather suddenly turn- ed warm. All streams between the Pacific coast and the Rockies were swollen out of their banks. At Wenatchee the Columbia river reached 73 feet above low-water mark, rising six inches above the Great Northern depot plat- form. At many points between Wenatchee and Columbia Siding, Douglas county, a few miles east of Rock Island, the railroad track was washed away. This caused the entire track between Wenatchee and Columbia Siding to be re-located above high water mark.

According to a decision handed down by Judge Hanford, of the United States Circuit court, in May, 1897, three square miles of cul- tivated lands in the vicinity of Lake Chelan, then occupied by white families, reverted back to Indians. The action was brought in the name of the United States against A. W. La- Chapelle, but with this were consolidated seven other suits. The decision of Judge Hanford applied to all of them. The white claimants, or defendants were A. W. LaChapelle, C. H. Abecrombie, Charles A. Barron, Enos B. Peaslee, John Francis Williams, S. P. Rich- ardson and E. Larrabee. In explanation of this rather hard decision the Spokesman-Re- view said :

"The Columbia Indian reservation embraced the land at the head of Lake Chelan, and where the Chelan river flows into the Columbia. The government made a treaty with certain Indians who ceded this land to the government with the exception that it was agreed that Indian occupants not desiring to move to the Colville reservation might each obtain a square mile where they then resided. Before the land was allotted to the Indians the reservation was sur-

veyed and opened by executive order of Presi- dent Cleveland. The allotments of the Indians had not been made, but as they held land of great value it was soon applied for by the whites, and their filings were allowed by the register and receiver at Waterville. A pro- tracted fight resulted between the Indians and the whites.

"Long Jim, as hereditary chief, occupied a beautiful home at the mouth of Lake Chelan. Chelan Bob and Cultus Jim occupied land near where the Chelan river flows into the Colum- bia. On this tract is a spring which furnishes water for irrigation. At the time this was thought to be an available townsite. It was claimed that LaChapelle drove Chelan Bob and Cultus Jim away, appropriated their crops to his own use, and made complaint that the Indians were dangerous characters. Finally a company of troops were sent out under the direction of Indian Agent Hal Cole, who was ordered to remove the Indians to the reserva- tion. They were incarcerated in the agency jail, but were finally released and a contest in the land office ensued. The register and re- ceiver decided in favor of the white settlers, but Secretary Noble, in 1893 decided in favor of the Indians. Secretary Hoke Smith, in 1894, allotted the land embarced in the home- steads of LaChapelle and the other white claim- ants to the Indians, directing the agent to oust the white settlers and put the Indians in possession. LaChapelle sued out an injunc- tion against Captain Babb, acting Indian Agent preventing him from removing him until after trial. Judge Hanford permanently restrained the agent from interfering with the white set- tlers, reserving to the Indians, or the govern- ment, the right to bring an action of ejectment for possession.

"The case just decided was an action of ejectment brought by the government against the white claimants. The case occupied two days in trying, the government being represent- ed by Assistant United States Attorney F. C.

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Robertson, and the defendants by Blake & Post and Mr. Dawes, of Seattle. R. WV. Starr, who was then register of the land office at Water- ville, conducted the case before the land office on behalf of the Indians. The court sustained the contention of the government that the white settlers having sought to file on lands in possession of Indians against their will, and protest, were trespassers, and acquired no rights.

"The matter has been in constant litigation since 1890. In the meantime the white claim- ants have made improvements of considerable value. Two of the Indians, Long Jim and Che- lan Bob, were born on the land formerly oc- cupied by them, and the wife of Cultus Jim was born there. They testified that their fa- thers' fathers had land there for generations. The testimony was that the whites came in 1890. Prior to that time the rights of the Indians had been respected by the whites in that locality for half a century, the Indians re- fusing tempting offers to buy them off."

A most peculiar phenomenon was witnessed on Lake Chelan about nineteen miles above the mouth, in September, 1899. A singular up- heaval of the glassy surface of the lake to a height, apparently, of from six to ten feet, was witnessed by H. A. Graham, while at the place belonging to E. F. Christie. This was fol- lowed by a tidal wave inshore. It was fully six feet high and drove the little steamer, Kit- ten, moored there, upon the rocks. The re- ceeding of the waves caused the vessel to cap- size and sink. For fully two hours succeeding waves continued to lash the shore, but finally the lake became quiescent. There was, at the time, not a capfull of wind from any direction. T. R. Gibson said that at Mountain Park, four miles east, the wave from this upheaval was not over a foot in height, and was twenty minutes reaching the shore of the lake from the center of disturbance. Officers of the steamer Dexter, which assisted in raising the sunken Kitten, reported that the wave was quite noticeable at

Moore's Point, and at the extreme head of the lake. Judge Navarre, who came down from ten miles up Twenty-five Mile Creek, said that prospectors in that vicinity declared that the creek, one of the largest tributaries of the lake, went dry for the space of three hours, afterward resuming its natural flow. It was a phenomenon that has not since been repeated and is attributed to a volcanic upheaval.

In 1899 another, and more successful step was taken toward the organization of Chelan county as it exists today. Following is the or- ganic act :

"An act to create the County of Chelan subject to the requirements of the State Con- stitution and statutes in respect to the estab- lishment of new counties :

"Be it enacted by the Legislature of the State of Washington :

"Section 1. All those portions of the coun- ties of Kittitas and Okanogan described as fol- lows, towit: Beginning at the point of inter- section of the middle of the main channel of the Columbia river with the fifth standard par- allel north, thence running west along said fifth standard parallel north to the point where said fifth standard north intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers, and the waters flowing south- erly and westerly into the Yakima river, thence in a general northwesterly direction along the summit of said main divide between the waters flowing northerly and easterly into the We- natchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing the said re- spective waters, to the center of the sum- mit of the Cascade mountains; at the east- ern boundary line of King county; thence north along the east boundary of King, Snohomish and Skagit counties to the point along the said east boundary of Skagit county, where said boundary is intersected by the water

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shed between the waters flowing northerly and easterly into the Methow river and the waters flowing southerly and westerly into Lake Che- lan ; thence in a general southeasterly direction along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing west- erly and southerly into Lake Chelan and its tributaries ; following the course of the center of the summit of the watershed dividing said respective waters, to the point where the seventh standard parallel north intersects said center of the summit of said watershed; thence east along the said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river wih said seventh standard parallel north; thence down the middle of the main channel of the Columbia river to the point of beginning, shall be, and is hereby created and established as the County of Chelan; Provided, however, That said Chelan county is hereby created as afore- said, subject to the requirements of the consti- tution of the state of Washington, in respect to the establishment of new counties, and subject to an ascertainment of the fact of such compli- ance, as hereinafter provided, and that the crea- tion of said Chelan county hereby shall not be- come operative to establish said county until such compliance shall have been so had and the fact of such compliance so ascertained.

"Sec. 2. At any time within three months after this act shall take effect, any qualified voter living in any portion of Kittitas or Ogan- ogan county embraced with (in) the boundar- ies of Chelan county, as hereinbefore defined, may present to the governor of the state a petition addressed to said governor, stating, in substance, that the signers of such petition are a majority of the voters living in the portions of Kittitas and Okanogan counties embarced within the boundaries of Chelan county as de- fined within this act, and praying that in case it shall be found that the constitutional provi- sions relating to the creation of new counties

have been complied with that the county of Chelan shall be deemed fully established; Pro- vided, That said petition shall be accompanied by a good and sufficient bond to said superior judge to be approved by him in the sum of $3,000 to cover costs of proceedings under this act in case the said county shall not be estab- lished.

"Sec. 3. The governor shall forthwith transmit said petition to the judge of the super- jor court of Okanogan county and the said judge shall, within thirty days thereafter, ex- amine said petition and ascertain whether said petition bears the signature of persons living within the territory of Chelan county and en- titled to vote therein, in number equal to a majority of the votes cast by voters living within said territory at the last preceding election as nearly as the numbers of such voters voting at such preceding election can be ascer- tained; if the judge finds the petition sufficiently signed then the said judge shall ascertain to his satisfaction upon evidence received in open court, that the strik- ing therefrom of the territory proposed to be set over into Chelan county, will not reduce the remaining population of said Kittitas or Okanogan counties, or either of them respec- tively, to a population of less than four thous- and, and that such territory so proposed to be set over contained a population of two thous- and or more, Provided, however, That the judge may in his discretion appoint an elector, or electors, who shall be a freeholder residing within the territory of Chelan county to take a special enumeration of the population of the counties of Okanogan and Kittitas, or any part thereof, which he may desire, so that it will show separately the number of the popu- lation living in such portion thereof within the boundaries of Chelan county and living in the rest of said counties of Kittitas and Okanogan. It shall be the duty of the person or persons so appointed to qualify by filing with such court an oath that he will take such enumeration

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truly and impartially, and thereupon he, or they, shall take such enumeration and return the same verified by his affidavit, to the effect that he believes the same to be a true and cor- rect enumeration of such county, or as the case may be, of the portions of such county as to which the same relates, in such court, and to file the same in such court within one month after such enumeration has been completed.

"Sec. 4. If it shall be shown to the satis- faction of such judge of the superior court of Okanogan county that there are two thousand or more inhabitants within the boundaries here- in set forth for the county of Chelan, and that there shall remain four thousand or more in- habitants in the remaining portions of Kittitas and Okanogan counties, respectively, thereup- on he shall make a decree setting forth the fact that the provisions of the Constitution of the State of Washington have been complied with. Upon the filing of such decree it shall be the duty of the clerk of such court to make and transmit to the board of county commissioners of Kittitas and Okanogan counties, respective- ly, a certified copy thereof, and also a certified copy thereof to the governor of the state, and to the secretary of state.

"Sec. 5. Immediately upon receipt of said certified copy of the decree of the superior court of Okanogan county the governor shall make a proclamation declaring the county of Chelan fully established.

"Sec. 6. The county of Chelan shall assume and pay to the counties of Kittitas and Okan- ogan, respectively, its proportion of the bonded and warrant indebtedness of each of said coun- ties, respectively, in the proportions that the assessed valuation of that part of Chelan coun- ty lying within the present boundaries of Kit- titas and Okanogan counties respectively bears to the assessed valuation of the whole of Kitti- tas and Okanogan counties respectively. The adjustment of said indebtedness shall be based upon the assessment for the year 1893; Pro-

vidcd, That in the accounting between the said counties neither county shall be charged with any debt or liability incurred in the purchase of any county property or the purchase of any county building which shall fall within and be retained by the other county.

"Sec. 7. The county seat of said Chelan county is hereby located at the town of We- natchee, and shall there remain until the same shall be removed in accordance with the pro- visions of law.

"Sec. 8. Until otherwise classified said county of Chelan is hereby designated as be- longing to the twenty-sixth class.

"Sec. 9. Dennis Strong, of Mission, Wash- ington, Spencer Boyd, of Chelan, Washington, and G. W. Hoxsey, of Leavenworth, Wash- ington, shall be the first board of county commissioners of Chelan county, who shall meet at the county seat of said Chelan county, within thirty days from the date of the gover- nor's said proclamation, as hereinbefore pro- vided, and shall qualify as such county com- missioners by filing their oath of office with the judge of the superior court, who shall ap- prove their bond in the manner provided by law; Provided, however, That if any of the above named commissioners shall fail to quali- fy within the time specified, then the governor shall appoint a bona fide resident and qualified elector of said Chelan county to fill the vacancy.

"Sec. 10. Such commissioners shall di- vide their county into precincts, townships and districts as provided for by the laws then ex- isting, making only such changes as are ren- dered necessary by the altered condition of the boundaries occasioned by the segregation from the original counties.

"Sec. II. In all townships, precincts, school and road districts which retain their old boun- daries the officers thereof shall retain their respective offices in and for such new county until their respective terms of office expire, or until their successors are elected and qualified,

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and shall give bonds to Chelan county of the same amount and in the same manner as had previously been given to the original county.

"Sec. 12. Execpt as provided in the pre- ceding section such commissioners shall be authorized and required to appoint all of the county officers of the county organized under the provisions of this act, and of which they are commissioners, and the officers thus appointed shall commence to hold their office immediately upon their appointment and qualification ac- cording to law, and shall hold their offices until the second Monday of January, 1901, or until their successors are elected and qualified.

Sec. 13. Until otherwise provided by law said Chelan county shall be, and hereby is, attached to the district composed of Okanogan Douglas, Lincoln, Ferry and Adams counties, for juducial purposes.

"Sec. 14. The board of county commis- sioners at a regular meeting held within one year from the time when they shall qualify as commissioners of the said county of Chelan, by an order duly entered in the minutes of their proceedings, shall divide Chelan county into three commissioners' districts in the manner provided by law, and designate the boundaries thereof, and at the next general election in said county there shall be elected three commission- ers, one from each of said districts ; the commis- sioner for district number one to be elected for four years and the commissioners for districts number two and three for two years.

"Sec. 15. For the purpose of representa- tion in the legislature until otherwise provided by law, the county of Chelan shall be included in the first senatorial district, and shall con- stitute the 51st legislative district.

"Sec. 16. Until the county of Chelan is or- ganized by the appointment and qualification of its officers, the jurisdiction of the present officers of Kittitas and Okanogan counties re- spectively, shall remain in full force and effect in those portions of the territory constituting the said county of Chelan, lying within the

boundaries of said Kittitas and Okanogan counties respectively.

"Sec. 17. Within sixty days after the governor's proclamation, as hereinbefore pro- vided, the county auditors of Kittitas and Okanogan counties, respectively, shall tran- scribe from the records of said counties, re- spectively, all records and all papers and docu- ments on file in anywise affecting the title of any real estate or property, real or personal. situated within the county of Chelan, and the county commissioners of Chelan county shall provide at the expense of the county, proper and suitable record books to which such rec- ords shall be transcribed by the auditors of Kittitas and Okanogan counties, in legible writing, and said record books and papers shall be delivered to the auditor of Chelan county and said records and documents so transcribed shall be accepted and received as evidence in all courts and places as if the same had been orig- inally recorded or filed in the office of the audi- tor of Chelan county.

"Sec. 18. All actions and proceedings which shall be pending in the superior courts of Kittitas and Okanogan counties at the time of the governor's proclamation hereinbefore referred to, affecting the title or possession of real estate in Chelan county, or in which one or all parties are residents of Chelan county, shall be transferred to the superior court of Chelan county, and all further proceedings had therein shall be in Chelan county the same as if originally commenced in that county. All other actions or proceedings, civil or criminal, now pending in the superior courts of Kittitas and Okanogan counties, shall be prosecuted to termination thereof in the superior courts of Kittitas and Okanogan counties, respectively.

"Sec. 19. All pleadings, process, docu- ments and files in the offices of the county clerks of Kittitas and Okonogan counties af- fecting pending suits and proceedings to be transferred as provided in the preceding sec- tion of this act, shall be transferred, and all

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records therein transcibed by the county clerks of Kittitas and Okanogan counties, respective- ly, and transmitted to the county clerk of Che- lan county, after said clerk shall have entered upon the duties of said office.

"Sec. 20. All records, papers and docu- ments of record on file in the offices of the county clerks of Kittitas and Okanogan coun- ties, respectively, in anywise affecting the title or possession of real estate in Chelan county, shall be transcribed and transferred to the county clerk of Chelan county by the county clerks of Kittitas and Okanogan counties, re- spectively, and said records and documents when so transcribed and transferred shall be received as evidence in all courts and places as if originally recorded and filed, as the case may be, in the county of Chelan.

"Sec. 21. All records so transcribed shall be certified by the officer transcribing the same under the seal of his office in the manner fol- lowing, to wit: Each book of transcribed rec- ords shall be certified to be a correct transcript of the records of Kittitas or Okanogan county, as the case may be, contained therein, describ- ing in the certificate the office in Kittitas or Okanogan county from which the same were transcribed, and each officer so transcribing shall finally certify to the completeness of all records so transcribed by him.

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Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington, Part 113

Author: Publication date: 1904 Publisher: Spokane, Wash. : Western History Number of Pages: 992

Author:
Publication date: 1904
Publisher: Spokane, Wash. : Western History
Number of Pages: 992