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Show Free Press - Wednesday, October 19, 1994 - Page 4 0 Cattlemen: Still riding the range near Lehi Continued from front page Alpine canyons. "Our ancestors managed our land well and developed it," said Lewis. The fences they erected,in the 408 covers miles of acreage; beginning north of Cedar Fort and on around Tickville, the Camp Williams Res ervation. The cattle can climb over the mountain into Kennecott and Ophir but the association hires what is called a "range rider" to prevent runaway herds. The range rider used to camp up on the mountain with the cattle. His transportation was his horse or mule. His duties were to distribute salt to the cattle, check their health, check and maintain the fences, and ofcourse, keep theherdmaintained. The present range rider is Phil Black, a resident of Lehi with his wife Mickie. A retired communications specialist for the government, he loves his job. But times have changed; he travels not by horse but 0 Three women arrested for DUI in three incidents by a four wheel terrain vehicle and his method of communication is by cellular phone. He can do more in less time than anyone could do on horseback. The oldest livingrange rider and the first one hired by the state chartered LCA is Jack Colledge; he has driven cattle for 65 years. The tough cowboy retired one year ago and lives with his sister Eva Oxborrow Johnson in Lehi. Rancher Joe Smith from Lehi hired him to keep the cattle out of the Tooele Watershed. At that time there were no fences on White Pine and it was a difficult task. While Colledge was away during WWII, Nels Otteson took his place as the range rider. Cited in VanWagoner's histories, his literal shooting up the town and riding his horse into the local pool hall are a matter of record. A real cowboy's cowboy is the description that comes to Sherwin Allred when he talks about Otteson. Allred is a third generation cattle rancher. He is not atypical of the membership. "When Delbert (Sherwin's grandfather) was on a mission to England, his family needed money to send to him. So his boys, one was Robert my father, rode up to West Canyon and drove back two steers; which they sold to Larsen's Meat Market for four cents a pound. The steers weighed 2000 pounds and brought them 40 dollars which in that time was a lot of money," recalls Allred. Other third generation cattlemen are Reldon and Gary Barnes, sons ofHarold Wilford Barnes whose father was George F. Barnes. Reldon's most exciting moment on the mountain was the day he got a concussion from a fall, rode down to camp and passed out. "Darrell Allred brought me in and I kept passing out on him; he Yesteryears Continued from front page seven deputies swept through town arresting Bishop Thomas Cutler, Edward Standring, James and George Kirkham, JohnLGibb.John Hart, Samuel James, and William Yates. Francis W. Kirkham, a young boy at the time, later recorded the scene when his father, James, was caught in the mass arrest: How vividly the picture presents itself to me. Pa was expecting John who was staying in the tithing yard to call him at about 4 o'clock in the morning, & of course when he heard a knock at about that hour he said, "All right John 111 be there." Imagine his surprise when a stranger accosted himby saying, "larrestyou in the name of the law." I was laying in the next room, &Iwas perspiring with excitment. Ofcourse the household was soon up. My mother started a fire & soon had some warm tea for one of the Deputies who was sick. At this raid 5 men were arrested in Lehi, including bishop TJt. Cutler, Pa was summoned to court & he being true to his religion was taken to the Utah Pen (then an Old filthy adobe building) on March 21, 1887. As the Utah penitentiary population gradually became predominantly Mormon, sentences for "illegal cohabitation" became a mark of status and honor. The Lehi Ward, along with others, staged elaborate social functions in honor of the departing or returning "cohab." Despite the glowing sendoffs, the incarcerated men found prison life difficult. After the new "fresh fish" was processed, the prisoner found himself in the company not only of polygamists but also of common criminals. Rudger Clawson, later to become president of the Quorum of the Twelve, found this introduction uncomfortable 60 men gathered around him and "stood gazing like wild beasts ready to pounce upon their prey and devour it." John Lee Jones wrote of his first night in a cell: "I could precive dark ugly Visiages in human Shape each one was sucking a dirty Pipe the smoak darkened the cell till you could Scarsely distinguish anything inside. The dense clouds of smoak imited from the Pipes turned me heart Sick." Clawson's first night was, in his own words, "oppressive to a degree almost maddening." The stench of tobacco was overwhelming; the noise from throat clearing, spitting, and prisoners' grunting in their sleep prevented him from sleeping at all. The bedbugs were so thick that Clawson reported "a man could write his name with the blood of bugs by pressing his finger against them as they crawled along the wall." James Kirkham, on the eve ofhis release, celebrated the occasion by spending most of the night on a bedbughunting expedition. "Such a night I shall never forgethe wrote: "we spent the whole of the time fighting bedbugs. We killed by actual count 249." Time moved painfully slow for the imprisoned men. One commented: "At morning I long for the - eveningAt evening I long for the day." Rudger Clawson, who endured the longest sentence of any polyga-mis- t, wrote that "one day so nearly resembles another in every particular as almost to create confusion in the mind . . . one long, tedious, g day a living death." Lehi polygamist William Ball in a moment of deep distress wrote his daughter Sarah Ann to "let that canary bird have its freedom, if it has the same feeling about being imprisoned,Iamverysorryforit.In the mean time turn it loose." During his imprisonment, Bishop Cutler avowed that if ever released "he would return and stand upon that wall, where the visitors stood, and look down into the yard." Perhaps the nightmare of that terrible environment was too vivid for the bishop; he never went back to climb onto those prison walls. He instead returned to Lehi and ma mersed himself in family, business and church activities. Today polygamy has fallen into disrepute among the majority of mainstream Mormons. Church lead ers not only avoid discussion of the topic but until recently also worked with law enforcement officials to have known polygamists arrested, Church instruction manuals often treat plural marriage, when broached at all, as an embarrassing relic of the past; scholars at church instutions are discouraged, from publishing articles on the subject; andpracticing polygamists are sum marily excommunicated from never-endin- - With cattle prices hitting an all thought I was going to die on him" relates Reldon. time rock bottom, the larger herds Keith Bushman and his son are necessary to survive. Kent's cattle business span four4 "Family farms are dying in the generations. Their cattle brand, as county to subdivisions," explains far as they know is one of the oldest Peggy Lewis, rancher's wife and brands in the city, the "open AB." "You can make more monThe Barnes brand is the OPR brand ey selling the land and retiring." and is rumored to be originally Orin Another problem with ranching Porter Rockwell's brand. is the lack of help. Many of the Three other memberships of the generation's old cattle businesses association are two generations old. are losing their youth to high tech Stan Lewis follows in Bill Lewis' and better paying professions. The LCAhad to quit driving path; Kenneth Webb in Ward Webb's; and Steve and Stan Smith the full distance from West in Roosevelt "Rosie" Smith's. Mountain to Lehi, two years ago. Cattle associations throughout Instead they drive them down the the county are dying out. As each mountain, round them up in corrals cattlerancher retires his position at the base of the mountain and may be inherited or bought out by a truck them to the LCA's corrals new member. In its heyday, about across from the Willowcreek Park. 50 years ago the LCA membership At that site, the cattle are cut out was as high as 40. As members buy into holding pens for each owner. others out, the membership gets Each rancher then trucks his herd smaller but the head ofcattle essenback to their private ranch. Economics and increased traffic contially remains the same. gestion was the determining factor in switching from a major cattle drive to trucking them into the outskirts of the city. Before that they would drive them through the dirt back roads from West Mountain and past Tickville, eventually driving the herd on highway 73 and on into the church fellowship. holding pens and corrals across from Many historians and legal scholWillow Creek. 1879 the believe that however, ars, Supreme Court decision which banned polygamy will eventually be then-cattl- modified. Social attitudes influence judicial decisions. Popular opinion and legislative action since 1879 have demonstrated significant change in the way variant lifestyles are viewed by many Americans. As one legal scholar recently pointed out, "while there was much nineteenth century rhetoric concerning the evils of polygamy, g there is no solid scientific data indi-catin- that the practice is deterimental to society. In fact, the success with which many nations have long lived with polygamy is indicative that it is an alternate family style, no better and no worse, perhaps, than monogamy." 1 PcsflieQ e into the Utah County Jail. A traffic accident that led to $1,000 damages to one car and $800 to the other led to citations for the drivers. One was drivingon suspension, the other was cited for failure to yield and not wearing corrective lenses. Fishingequipmentvaluedatover $700 was stolen from a vehicle that had been parked on Main Street. The unknown perpetrator also caused $150 in damages by throwing something through the rear window to obtain entry. A VCR valued at $400 was stolen from a Lehi residence. The owner reported that his doors are kept locked; there are no suspects. '' Preliminary approval of garbage agreement ISSN No. 8750-466- 9 U.SP.S. No. 309-50- 0 Published weekly by Newtah News Group 59 West Main American Fork, Utah 84043 Councilmember Knollin Haws, with a second from Councilmember Reed Sunderland, made a motion to tentatively accept Waste Management's proposed agreement. Final action cannot be taken until a public hearing is held on the matter prior to the Jan. 1 starting date. The proposal would increase rates by $1 and would provide a garbage toter for each resident. Residents who want additional toters may rent them for and additional charge. In addition, other curbside trash will be collected on the last week of the month. Telephone Number a Circulation... 756-7- 6 Advertising News Publisher ... Brett Bazzant Marc Haddock Managing Editor City Editor Rust Daly Subscription price $24N per year Second class postage paid at Lehi, Utah PotfniMtan MndsfdfMtohvilB M Wt Mm, Amran Fdk, Utah 84003 Folks who believe in haunted houses do have reason to be concerned. However, not so much about ghosts, goblins and ghouls, but more about the specters and illusions that can menace the title to the home you purchase. When buying a home, it is wise to be well informed about the pitfalls and problems that may lurk in the shadows. Advance knowledge of these specters and illusions - and how to avoid them can save a buyer thousands of dollars. The illusions of "good deals" have sent many buyers to an early grave. Title specters are more commonly known as "clouds." They cloud a title so that it cannot be transferred, free and clear. A simple bill of sale or deed does not fully transfer the ownership of real estate. A title may be clouded many different ways. A few examples: Forgery: In one case a couple returned from an extended tour in Europe to find, to their surprise, another family was living in their home and their furniture-al- l gone. This other family produced a. signed deed and earned ownership. It was finally revealed that a scheming lady had seen the home vacant, forged a deed to herself, then,., fraudulently sold the home for quick cash then disappeared. Forgeries signed, even in the distant past, do not convey ' title. This specter or cloud had to cleared before a clear title could be conveyed. after dead showed declared who been had Another a Dead: up time, corpse" "walking legally Walking several years to claim his family's home. The place had been sold to another party. This created a real legal ghostly entanglement. Phantom Heirs: Oftentimes there may be an unknown heir at the time the estate was probated. In one case a "phantom heir" was discovered living in Australia 17 years later. This put a ghoulish shadow on the title. Unknown Easements: It's possible to buy property with an unrecorded utility line across it. A farmer once without saying anything about the easement. owned 15 acres of farm land. He sold it to an innocent sold It, a title search revealed that a gas line crossed the property. When the farmer Years later, when the sold this easement, the transaction was recorded, but as a part of another deed. Therefore, the prior title search failed to show the easement. This created a monstrous legal battle. Unrecorded Reconveyances: Oftentimes a person will pay off a mortgage but fail to have the note and trust deed returned and reconveyance recorded. Such a situation occurred where the title company and former lender both went bankrupt. The bank failed to sign a reconveyance before going into receivership. Shortly thereafter the title company went broke. It took nearly six months to clear up that specter. Other Specter Examples: Law books are filled with similar cases. It is "buyer beware" when trying to buy directly from a seller without professional protection, assistance, and counsel. er (Not to mention what it does for communications.) The property may not appraise lor as much as the seller Is asking. The property may not conform to a lenders standards -- repairs may be needed. The property may have structural defects or water seepage problems. The home may have an unapproved add-o- n or rental apartment The septic system may be hazardous or wet may be polluted. The building may not conform to building codes or zoning ordinances. - The property may be encumbered with bonds or assessments. The property may be involved with an eminent domain action. - The land may have been illegally split or recently rezoned. The property tnes may gap or overlap or the description not close. - The title may be clouded with prescriptive rights or encroachments. - The legal description of the property may be different from fence ines. - The property taxes may have been billed in error and unpaid. The properly may be functionally obsolete and energy inefficient The age of building and property taxes may be misstated. The square footage of the home and lot size may be misstated. The building may be condemned tor code violations or structural obsolescence. The property may be h a flood plain, Ire zone, landslide area, near an earthquake fault, or by a hazardous landfill. - The property may be in the path of a proposed freeway, rapid-trans- it One, shopping center, airport development, etc. - The property may be encumbered with mechanic's Sens, Judgements, IRS tax seizure. Bs pendens, foreclosure, option, probate, etc. This list ol specters can go on for untold pages any attorney can attest to this. -- 'III I1 ' fix nH This year, U S WEST will complete the fiber optic cable groundwork that will bring the Electronic Superhighway to Utah. And our unique partnership with the State of Utah and the Utah Education Network is now paving the way for the on and off ramps to communities throughout the state. Exciting things will take shape, as government, business, economic development, health care and the public merge with education on this new Electronic Highway. We'll be able to provide new services that will improve the way you learn, work and play in the future. U S WEST is proud to be using our expertise to build the network necessary to make it happen. Because we believe when it comes to increasing your communications opportunities, the wonders should never cease. LQKZMEST W.W B pm ir-- n I BO'S.- GHOSTLY CLOUDS Protection: Sellers don't always divulge all the facts, pitfalls, and problems that can affect the value of the property they want sold. What's worse, some sellers are so desperate to sell they will tell a buyer anything to make a sale. Granted, many of these haunting problems may exist unbeknownst to the property owner. Many thousands of dollars have been lost due to errors, omissions, and misstated facts in real estate transactions. It's for these reasons that all states have laws that require a person selling real estate, for someone else, to have a license. It takes 120 hours of classroom study to get a broker's license. One then must pass an exhausting five-hoexam. Once licensed, a broker is required to protect and safeguard all parties equally in real estate transactions. This includes buyers and sellers alike. This is the law. (In contrast, attorneys protect only the person they represent) For a smooth, swift, safe, and sure real estate transaction it is advisable for a buyer (or seller) to engage the assistance and counsel of a Realtor. If that Realtor makes an error or overlooks one of these haunting problems, heshe may be held liable for any losses incurred by the buyers (or sellers). Most buyers prefer the protection offered by their own Realtor. That's because they cannot afford the losses that can occur. It's for this reason that 90 percent of all real estate transactions are consummated by Realtors. Your Realtor is your protector and works as your ghost buster. Let himher be liable for the errors, omissions, and misstated facts. Copyrighted 1994 E Kendall Lane If you are thinking of buying (or selling) real property, it would be my honor to be your Realtor and protector. I will direct you to the best values. You can select from over 1,500 properties. I will arrange the best possible financing for you. The price you pay will be at or below the fair market value. I've been a Realtor since 1965 (29 years). Experience can make the difference. Your call I is welcomed 24 hours a day. 785-603- 0 Eldwin"E.K.MLane Associate Broker Licensed since 1965 Home Office ' Inthreeseparateincidents,three women were charged with driving under the influence of alcohol after failingbothfield sobriety and' breath tests. , All three vehicles were impound- 1 1 1 eu aim onv vi uic wuiueu w as uuunea GHOSTLY PROPERTY TITLE PROBLEMS We've found that an increase in fiber can do wonders for you. J 785-603- 0 225-150- 0 ... MANSELI. JLJ AND ASSOCIATES Mi f ' |