CONNIE LENZEN, CG. 10411 SW 41st Avenue Portland, OR 97219-6984 E-mail: clenzen@oregonvos.net

The Stariha and Cvar Families By Connie Lenzen

Part 3.

Joseph Stariha	Fort Benton	Homestead, Yachats, Oregon
Naturalization	Waldport	Spokane, Washington To be completed later.

Homestead

An incentive for aliens to become US citizens was the requirement that the applicant be a citizen in order to apply for government land. Under the Homestead Act of 1862, the United States government sold, at moderate prices ($1.25 or $2.50 per acre), or gave away for the filing fee ($16.00), 160 acres to people who were willing to cultivate and settle on land in the public domain (land that was owned by the government).[1] Joseph Stariha became a citizen, and he took out a homestead.

Our next sighting for Joseph Stariha is in Oregon. From his homestead claim file, we learn he settled his 160 acres in the Coast Mountains near Yachats, Lincoln County. When he filed an affidavit on 8 February 1892, his address was Waldport, Benton County, Oregon. [2] [Note: Lincoln County was erected in 1893, and Waldport then became part of Lincoln County.]

By 1890, there were a number of families in the area where he staked out his claim. A history of the area lists a number of families. On the South Fork of the Yachats: Henry Bobell, a German; Claus Ludeman, another German; Jorgensen; Bouey; Tucker; Martin Lyons; Stump; and Ronkesky.

On the North Fork of the Yachats, where his claim was located, lived the following: John Earley; John H. Glines; William Buck; John Hill, a German bachelor; Bobell; and C. A. Shimelfending.

On the main stream lived George A. and John D. Axtell, H. W. Vader, James P. Wolfe, A. C. Beamer, Reedy, and Arthur W. Marks. [3]

We will meet the people marked in bold later.

Joseph Stariha was not mentioned in the history. However, the General Land Office survey for Township 11 South, Range 11 West, Willamette Meridian shows additional names: M. E. W. Depew and Joseph Stariha. [4]

The land was mountainous and covered with dense forests of fir and cedar timber and thick vine maple and salal berries. The trees were not large, mostly four to ten inches in diameter.[5] The absence of large diameter trees suggests the area had been burned fairly recently. A fire is known to have burned large areas of the Coast Mountains in 1846 and 1849. [6]

There were several small creeks, and the North Fork of the Yachats River went through the northeastern corner of the claim. [7]

Axtell, nearest post office, was located in the home of John D. Axtell. The post office was established in May 1891 on the Yachats River, about six miles east of Yachats. [8]   The first mail to Axtell came by horseback via the Eckman Trail. [9]

The only way to get to the claim was by a narrow animal path. In the rainy springtime, it hung with dripping drapes of salal, brake fern, vine maple, and salmon berry. The trail crossed the river in at least four places. Much of the terrain had marshy, soft spots, with springs bubbling up. Everything had to be packed in by horse or mules. [10]

Joseph built his 12-foot by 12-foot house in October 1891. The barn, at 28 by 28 feet, was larger than the 240 square foot house. [11] Homestead houses were usually built in what is called "box construction." In box construction, sills are placed on a foundation, wide boards are nailed vertically at each corner, and a two-by-four is nailed on horizontally along the tops of these vertical boards. Additional vertical boards are attached to form a single-thickness wall with no framing at all. Ceiling joists tie it together, and doors and windows sit in holes cut in the walls for them, their casings usually projecting into the rooms. In the poorer houses, roll siding is applied on narrow strips of wood which are nailed on outside over the cracks to produce board-an-batten siding. Better versions are covered with horizontal clapboards and are thus indistinguishable from frame on the outside. Inside the walls are usually heavily papered to keep out winter winds. What this manner of construction lacks in durability, it makes up in economy, for it is the least expensive way to enclose a given volume. [12]

The surveyor's notes indicated the soil was second rate. From the homestead file, we learn the land was suited to grazing and farming. Joseph cleared 15 acres and planted a garden and an orchard. The whole homestead was valued at $300 in 1897. This equals $6,383 in 2001 dollars. [13]

Joseph resided continuously on the land until he made his final proof on 24 April 1897. The description of the land was: the East 1/2 of the southeast 1/4 of section 22 and the west 1/2 of the southwest 1/4 of section 23 in Township 14 South, Range 11 West.

Naturalization

Joseph finished the naturalization process that he had started in Fort Benton. On 5 April 1897, he received his certificate of naturalization at Toledo, Oregon where the Lincoln County courthouse was located. [14] Toledo was a bustling lumber town, nestled in the Coast Mountains. In order to get to Toledo from the homestead, one would go to Newport, then up the bay to the train at Yaquina, and then by train to Toledo. [15]

The naturalization document says [16]

Be it Remembered, That at a Regular Term of the County Court of the State of Oregon, for the County of Lincoln, begun and held at the county Court House, in Toledo in said County and State, on Monday the Fifth day of April A.D. 1897, the same being the first Monday in said month, and fixed by law for holding a regular term of said Count. Present: Hon. J. O. Stearns, Judge, presiding, Where upon, on this Monday the Fifth day of April AD 1897, the same being the first Judicial day of said term of said court, and among other proceedings, the following was had, to wit; In the Matter of the Application of Joseph Stariha to become a citizen of the United States. Now comes Joseph Stariha and in open court makes application to become a Citizen of the United States and it appearing to the court by the testimony of the said Joseph Stariha, given in open Court, that on the 18th day of May 1888 in due form of law, he declared his intention at Fort Benton, Montana, to become a citizen of the United [States] And it appearing to the Court from the testimony of Robert Campbell and H. W. Vincent two responsible witnesses, that said Joseph Stariha has resided in the United States for more than five years last past, and in the State of Oregon for more than one year, and is a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. It is therefore ordered by the Court that said Joseph Stariha be admitted to citizenship. Whereupon the said Joseph Stariha takes in open Court the oath prescribed by the naturalization laws of the United States, and is duly admitted a citizen of the Untied States of America. (Signed) J. O. Stearns Judge

Robert Campbell and H. W. Vincent, the two men who testified that Joseph had resided in the United States for more than five years, and in the State of Oregon for more than one year, and was a man of good moral character, are not found in the 1900 Lincoln County census. We do find a newspaper item from a December 13, 1894 issue of a Toledo newspaper. [17]

 Married -- At the residence of the bride's parents at Cape Foulweather, on Monday, December 10, 1894, at 2:30 o'clock p.m., Robert Campbell and Miss Nelley Briggs. . . . The groom is -- well, everybody knows jolly, genial Bob Campbell, the butcher of this place.

Joseph, now of Waldport, sold his homestead to J. Ann Howell, wife of Silas Howell of Lincoln County on 27 May 1898. The purchase price was $400. The witnesses were Effie Whitman and Kate Wakefield.

A January 14, 1897 issue of the Lincoln County Leader newspaper stated that Rev. Silas Howell of Alsea conducted a funeral. [18] In 1900, the Howells were living in Five Rivers Precinct. [19] Silas was listed as a 55-year-old farmer.

Waldport, Oregon

One wonders why Joseph went to Waldport, and nothing about the area provides a reason. There is nothing about it to remind one of Slovenia. There was no Slovenian settlement. A clause in land deeds states establishments for selling liquor are not to be built. We will see later that Joseph had a saloon in at least one location.

Waldport is situated in present day Lincoln County, on a bay at the mouth of the Alsea River. The 1900 census shows 47 houses -- a very small community. The occupations of the residents provides a picture of the town:

Stationery engineer, railroad laborer, stone mason, saw mill proprietor, 5 day laborers, 20 farmers, surveyor, 2 fishermen, 15 stock raisers, 4 stock herders, carpenter, 3 school teachers, 2 servants, county commissioner, hotel keeper, hotel manager, hotel clerk, fisherman, boat builder, canal man in log camp, wood chopper, 2 mail carriers, and a teamster.

There were no stores, no butcher shop, no grocery. People had to be independent and provide their own food. There were no churches.

We do not find Joseph Stariha in the 1900 Lincoln County census. He should have been there; he sells property in 1898 and purchases land in Waldport in December 1900. Perhaps he was tending stock in a canyon that was unvisited by the census taker. What has not been checked is Alaska. Alaska gold fever hit Oregon in 1900.

The 1900 Oregon census shows some of the people who were mentioned in the homestead paper or who were homestead neighbors.

• Albert Reynolds is boarding at William Wakefield's hotel in Waldport. Reynolds was born November 1864 in Indiana and was a boat builder. [20]
• John H. Earley, a farmer, was born in April 1857 in New Jersey. He too was living in Waldport. [21]

On December 27, 1900, Joseph Stariha purchased Lots one and two in Block 13, Town of Waldport for $100. [22] These lots are on the corner of Broadway and Grant.

The deed is a pre-printed form, filled in by hand. Bold italics indicate the handwritten part.

This Indenture, Made the 27 day of December in the year of our Lord one thousand eight Nineteen hundred and ninety between C. L. Diven and A. M. Diven his wife of Lincoln County, State of Oregon parties of the first part, and Joseph Stariha of Waldport Oregon the party of the second part. Witnesseth, That the said parties of the first part, for and in consideration of the sum of One Hundred Dollars of the United States of America, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, conveyed and confirmed, and by these presents do grant, bargain, sell convey and confirm unto the said party of the second part, and to his heirs and assigns, forever the following real property to-wit: Lots one and two, in Block thirteen in the town of Waldport, in Lincoln County, Oregon, This deed is made subject to the following conditions, Namely: that on the premises hereby deeded, there shall never be any building erected or used as a gambling house or for the manufacture, vending or sale in any form of spirituous or intoxicating Liquors as a beverage. And in case the conditions of this deed are violated, then the land shall become the property of the School District in which it is situated, and the Directors of Said School District are hereby authorized to institute a civil action against any person or persons owning the land for the possession of the same as the property of said School District. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title and interest, - - - - - - - property, possession, claim and demand whatsoever, as well as law as in equity, of said parties of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances: To have and to hold, all and singular the above-mentioned and described premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. And the said parties of the first part, and their heirs, the said parties of the first part, and their heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant, and by these presents forever defend. In Witness Whereof, the said parties of the first part have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of W. E. Hosford W. P. Hayes [signed] C. L. Diven A.M. Diven State of Oregon, County of Lincoln This Certifies That on the 27 day of December 1900, before me personally appeared the within named C. L. Diven known to me to be the person described in and who executed the within instrument, and acknowledged to me that he freely and voluntarily executed the same, for the purposes therein set forth and A. M. Diven, wife of said C. L. Diven an an examination made by me separately and apart from her said husband acknowledged to me that she executed the same freely and without fear or computation from anyone. William R. Wakefield Notary public in and for Lincoln County, Oregon Recorded at the request of Joseph Staraha Jan 5 1901 at ____ minutes past 8 o'clock A.M. in Book of Deeds page____ Records of ________ County J. H. Lutz, Recorder

 

The clause regarding spirituous liquors, etc. is a standard phrase used in Waldport deeds located west of Mill Street -- the residential section of town. [23]

The 1900 census shows Charles L. and Alice M. Diven in Waldport. [24] Diven, age 32, was a dry goods dealer.

Joseph sold lot one, which is at the corner of Grant and Broadway Streets in Waldport on 12 February 1902 -- for use as a "Macabee hall". [25]

The present address of this property is 285 NE Grant Street, and the 704 square-foot house on the property was built in 1929. [26]

This hall may have been the public hall built in Waldport in the early 1900s off Broadway Street. The building burned in 1906 and was then used as storage for chittum [cascara] bark. [27]

Frank C. Vader purchased the property for $24.00 from Joseph. The witnesses to the deed were S. H. Harcleroade and J. H. Glines. Both Vader and Glines were homestead neighbors. The 1900 Waldport census shows Frank Vader. [28] He was born in December 1873 in Iowa and is a farmer. He is renting a farm. [29] The same census shows John Glines, a 45-year old day laborer.

On 6 June 1902, Joseph Stariha sold Lots three, four, five, and six in Block eight and lots one and two in block 13 in Waldport. [30] James Tyler, of Waldport, was the purchaser, and he paid $1000 for the property. The witnesses E. E. White and C. L. Diven.

James Tyler, a 58-year-old farmer from England, [31] appears on the 1900 Census, living in Waldport.

We cannot find the purchase deed for the Block eight properties in the Lincoln County deed books, which begin in 1893.

Voting

Joseph Stariha's name appears in the 1902 Official Register of Electors for Lincoln County, Oregon. [32] He registered to vote in Alsea Precinct (Waldport) on March 14, 1902. Other men who registered on the same day were