The Oregon May/June 2024 A publication of the Professional Land Surveyors of Oregon
Editorials From the PLSO Chair, by Scott Freshwaters, PLS, PLSO Chair of the Board 2 From the PLSO Office, by Aimee McAuliffe, PLSO Executive Secretary 4 Featured Articles The Riparian Boundary Challenge, by Dr. Richard L. Elgin, PS, PE 6 Claude Mansfield, by Chuck Whitten, PLS 10 Mark. E Boyden, by Darren Goheen, PLS 13 Columns The Lost Surveyor, by Pat Gaylord, PLS 14 Surveyors in the News, by Pat Gaylord, PLS 18 On the Cover 3D laser scanning below river level at The Dalles Dam navigation lock. Photo courtesy of John Blaikie. The Oregon Surveyor is a publication of the Professional Land Surveyors of Oregon (PLSO). It is provided as a medium for the expression of individual opinions concerning topics relating to the Land Surveying profession. Address changes & business All notifications for changes of address, membership inquiries, and PLSO business correspondence should be directed to Aimee McAuliffe, PO Box 230548, Tigard, OR 97281; 503-303-1472; [email protected]. Editorial matters & contributions of material The Oregon Surveyor welcomes your articles, comments, and photos for publication. PLSO assumes no responsibility for statements expressed in this publication. Editorial matters should be directed to Vanessa Salvia, [email protected]. Advertising policy Advertising content and materials are subject to approval of the PLSO Board and LLM Publications. The publisher reserves the right to reject any advertising that simulates copy; material must be clearly marked as “Advertisement.” For advertising, contact: Ronnie Jacko, [email protected]; 503-445-2234 A publication of the Professional Land Surveyors of Oregon Executive Secretary Aimee McAuliffe PO Box 230548 Tigard, OR 97281 503-303-1472 Toll-free: 844-284-5496 [email protected] www.plso.org Published by LLM Publications 503-445-2220 www.llmpubs.com Advertising Ronnie Jacko, [email protected] Design Hope Sudol © 2024 LLM Publications Editor Vanessa Salvia Publications Committee Tim Kent, Interim Chair Pat Gaylord Contents Professional Land Surveyors of Oregon Professional Land Surveyors of Oregon @ORLandSurveyors The Oregon Vol. 47, No. 3 May/June 2024
2 The Oregon Surveyor | Vol. 47, No. 3 From the PLSO Chair Some Thoughts on Ethics and Business Practices Scott Freshwaters, PLS Chair of the Board I had a phone call from a prospective client last week who, after relaying the basic information and me giving him particulars of the survey, excluding the cost, said, “I am in a hurry and can pay you more if you move it up in the schedule.” My response was, “I don’t work like that.” The next day, per his request and after doing the requisite research, I called him back with the cost and approximate time frame. We talked for a while and I found out that he called a couple of other surveyors about this project and still gave me the go ahead. He said he “had a good feeling about me.” Now, I can’t say for sure that he respected the fact that I wouldn’t delay some other project commitment for his project, and that isn’t the point. What is important is that the right ethical choice was made. Let’s continue with the definition of “ethic” according to Merriam-Webster’s Collegiate Dictionary 10th Edition: “the discipline dealing with what is good and bad and with moral duty and obligation,” also “a set of moral principles or values.” Much of the following is paraphrased from Dennis Mouland’s book Ethics for the Professional Surveyor. In Chapter Two, he recalls a time when he was Party Chief on a highway bridge project. One day the PM called Dennis into his office and asked him to reduce the monthly elevation measurements by 0.2' in the borrow pit. This would greatly increase the amount of the progress payment since we are talking about a 25-acre site. The PM’s company needed cash now to buy an expensive piece of equipment for the project. The PM tried to convince Dennis that there was no harm, no one else would ever know, etc., and even went so far as to offer monetary compensation to Dennis. Needless to say, Dennis declined and the relationship with the PM went downhill from then, and two months later Dennis was no longer assigned to that project. However, he had a clear conscience and had retained his integrity. Chapter Seven is about multiple monuments at a corner. In that chapter, a couple of comments stand out: “This sends a terrible message to the public. We look like a bunch of prima donnas all trying to out-brag each other about our accuracies and precisions.” Then he starts a short hypothetical about finding an uncalled-for pipe that is six minutes off bearing 0.30' off in distance in comparison to the deed calls. Next, he lists nine important questions to ask before accepting/rejecting it. The book has 153 pages with 54 chapters and a short appendix that includes an Ethics Questionnaire that will make you think. Each chapter addresses a different topic along with numerous ethical breaches the author has uncovered. I highly recommend it no matter where you are in your career path. Another well-written and informative book that speaks to the issue of multiple monumentation is The Pincushion Effect by Jeffery Lucas. Dan Beardslee wrote a book about business practices for surveyors, called A Business Management Handbook for Land Surveyors. Dan was a presenter many years ago (2003) at the PLSO annual conference in the Albany area. He gave us his 20 rules and the following 10 are from my notes from his presentation. I may include the other 10 in my next article. 1. If your customers aren’t complaining, you aren’t charging enough. 2. If you have so much work that you can’t meet deadlines, you are not charging enough. Regulate workloads by charging more. 3. If you are not making money, you are not charging enough. Most surveyors
3 Professional Land Surveyors of Oregon | www.plso.org My client told me, ‘I am in a hurry and can pay you more if you move it up in the schedule.’ My response was, ‘I don’t work like that.’ From the PLSO Chair How to Send Us Your Work Please email the editor Vanessa Salvia with submissions: [email protected]. Your submission should be in .doc format. Please send images separately (not embedded in the document) and at the highest file size available (MB size range versus KB size range—larger sizes are encouraged). Please include the author’s name and email address or phone number for contact. are afraid to charge enough for their services. 4. If your rates are the same as everyone else, you are not charging enough. 5. If your rates are the same as everyone else, you are making a big mistake. Rates should be based upon: Value (To the Customer) Cost (Expenses). 6. If you do not have enough work it is not because you charge too much. People hire us because they are comfortable with us. 7. Don’t worry about the firm down the street—make them worry about you. 8. Bad situations do not get better by themselves and they won’t go away. A) Take care of a problem immediately. B) The sooner you fix a problem, the better off you’ll be. 9. Call clients before they call you. A) Someone with a problem deserves a solution. B) You only have one chance to solve a problem. 10. When you offend someone in a business situation, you offend 250 people as well. Bad news travels a lot faster than good news. I hope this article sparks some spirited discussions and introspective thought that will make us all better surveyors.
4 The Oregon Surveyor | Vol. 47, No. 3 From the PLSO Office Aimee McAuliffe, PLSO Exec. Secretary If you read this column and attend the conference, you’ve heard me discuss community partnership ad nauseam. I wouldn’t say I’ve always been this way. However, when you have a high school– age child you become more aware of things that either don’t get promoted enough or that are glaring holes in connecting education and the very real needs of the workforce. When I was a senior in high school in the ’90s, I remember “modeling” schools, the Army, and state colleges hosting booths around the cafeteria, and that’s about it. First, let’s all take a moment to roll our eyes at the modeling schools of that era. Such a bankable career to be sold at high school career fairs, right? If you were a girl or had a daughter or sister during this time, you may know it was just a way to get money out of kids (mostly girls) who wanted to learn how to be a model. It didn’t lead anyone to any actual job possibilities. So essentially, I’d call it the finishing school of the day. (If you must know, my older sister did this, not me. I know you were wondering.) Thankfully we’re well beyond that time (despite the fashion being popular again) and have really interesting opportunities to get in front of teachers and students. In today’s professional landscape, the symbiotic relationship between local school districts and organizations like PLSO is more crucial than ever. For better or for worse, kids have to decide a path that will affect their entire life at 17 and 18 years old. Whether they make an informed decision could depend entirely on the resources of the school. Therein lies the problem. Many kids are choosing their path based on marketing, which begs the question—if a land surveyor’s total station chirps in the forest and there is no one around to hear it, did it actually take a measurement? I know you literal folks actually answered this question, either in your head or out loud. But no matter what your pragmatic minds told you, the answer is no. We are just niche enough that we are an afterthought because land surveyors don’t like talking about themselves, and up until now, engineers haven’t wanted to admit they need you (okay, that bit was just seeing if you were paying attention). However, if we don’t tell anyone we’re here and we have less people in the profession, someone with enough sway in Salem or Washington will find a way to get rid of licensure because they’re tired of waiting for their projects to be built. As you are more than aware, licensure protects the public by upholding standards of competency and ensures accountability. Not having it floods the market with people willing to take short cuts for bottom dollar prices, leading to quality concerns and risk of fraud. I don’t like sounding like Chicken Little, but in short, there is a lot at stake for us and the public. So, what can we all do? Get your head out of the woods and start building relationships with your local school system. Recently, PLSO’s Pioneer Chapter represented us all at the ACTE Conference in Portland, of which we were a gold sponsor. Jered McGrath (S&F Land Services), Jesse White (1-Alliance), Jim Luke (U.S. Mineral Surveyor), and Margaret Thornton (Westlake Consultants) and I all spent a little time with the CTE teachers in Oregon in March. The thing that I kept The Importance of PLSO Partnering with Local High Schools
5 Professional Land Surveyors of Oregon | www.plso.org From the PLSO Office hearing was, “This is so exciting, I teach elements of this and they have such a hard time connecting to jobs in the real world.” That was followed by, “I would love it if someone came and spoke to them.” Our teachers know what they need, they just have to jump through a lot of hoops to get it. Our role is to find out how we can make it easier. Maybe create a lesson that you do every year for your local fifthgrade class, such as teaching them how to “survey” the playground, or volunteer to represent PLSO at one of the many youth career exploration fairs we get invited to. Once you get in front of teens, the question is about how to talk to them. First, not like they are kids. They hate that. Second, you are there to talk about a possible future for them. You are adding to their toolbox to decide what pathway to walk down. In short, professionals, you are there to market. Teens are highly susceptible to marketing influences, primarily due to their developmental stage, social environment, and exposure to media. It sounds calculating, but if you promise to use your powers for good, I will go further into what factors contribute to this susceptibility: 1. Developmental Vulnerability: Teens are in the process of forming their identities, seeking peer approval, and asserting independence from their parents. Being sure to stress the “identity” and “lifestyle” of a land surveyor is really important. By identity, I mean a problem solver, has a love for the outdoors and working on multiple projects, and likes technology. 2. Peer Influence: We all know that teenagers’ friends play a central part in their life. Highlighting group identity within teenage subcultures is important. This is a little harder for land surveying, but understanding that a good land surveyor doesn’t necessarily come from ONE subculture is important, and that not everyone has to have math as their favorite subject. Do they like to participate in hands-on projects? Do they have a STEM-inclined mine with an eye for design? Do they consider themselves a hiker? One may be a “goth” and the other “emo,” but they both certainly have roots to grow. 3. Media Consumption: Today’s teenagers are immersed in a digital landscape characterized by social media, online platforms, and targeted advertising. This provides us with unprecedented access to tailor messages for people who have interests such as the outdoors, technology, and design. 4. Emotional Appeal: Teens experience a wide range of emotions. If you are a parent, you may have seen your own child go through excitement, happiness, fear, and rage in a matter of 10 minutes. It’s a sight to behold. The truth is that emotional people are more responsive to emotionally charged messaging. Finding that emotional balance between the joy and freedom of walking through the woods and the fear of calculating least square is going to be important. We need to be consistent with our messaging that resonates with teenagers’ aspirations for their future, and if you can create FOMO (fear of missing out) on surveying, you will have discovered El Dorado. The significance of community partnerships is important to create holistic development of students, which helps shape a future workforce. We must help the schools provide insights into various industries, career pathways, and skill requirements. All of this helps students make a more informed decision about their future. It is then our responsibility to be sure and offer meaningful job shadow and scholarship opportunities, internships, mentorships, and authentic work environments to keep them working towards licensure. PLSO has many resources online for teachers and members. Our teacher page may be found at www.plso.org/Teachers and resources for you to use may be seen by logging in to plso.org and going to www.plso.org/plsomaterials, which includes the presentation made at the 2024 ACTE Conference. Please contact me at execdirector@plso. org if you are interested in being a part of our Outreach Committee.
6 The Oregon Surveyor | Vol. 47, No. 3 Featured Article Featured Article The Riparian Boundary Challenge The Riparian Boundary Challenge By Dr. Richard L. Elgin, PS, PE
An 1864 map of the Mississippi River. 7 Professional Land Surveyors of Oregon | www.plso.org In the United States, rivers, streams, and lakes provide a natural boundary for millions of parcels along thousands of miles of boundary line. As boundaries, rivers are a natural monument, holding the highest priority in the order of conflicting title elements. Visible, their identity certain, they have been used by man as boundaries for millennia. However convenient, and as natural, visible, substantial, and inviting as they are for governments, treaties, and owners, they have one huge, troublesome characteristic: They move! There are many other issues related to using waterbodies as boundaries, but their ambulatory nature is what makes riparian boundaries different from all others. This boundary movement, influenced by the whims and vicissitudes of Mother Nature and the designs and construction of man, brings uncertainty. With movement, the extent of title, and tract acreage changes; even small differences in fluvial processes can result in large differences in ownership. Landowners face uncertainty in something they desire to be firm and absolute: the location of the boundaries of their real property. Generally, owners do not like their boundaries to change, their acreages decreasing or increasing, their lands perhaps vanishing altogether. These boundaries can change by forces of nature that are not within the riparian’s control. Or one’s riparian boundary may be changed by others without the riparian owner’s knowledge or permission, such as, by artificially- induced river movements. Riparian boundaries frequently bring conjecture to the landowner, consternation to the surveyor, confusion to attorneys, confoundment to the courts, and they have conflated commentators. Additionally troublesome is that riparian boundaries can be four-dimensional: In a plane, their north/east horizontal position can be affected by vertical movement of the waterbody. And time can affect the riparian/littoral boundary location. (If the river moved slowly or quickly can have an effect.) Four dimensions, very unlike its usual two-dimensional boundary brethren. And most boundary disputes between adjoiners are personal and are based on emotions. The cost of litigating a boundary almost always far exceeds the value of the land in dispute. Not so in some riparian boundary disputes. At stake can be thousands of acres of land or issues worth tens of millions of dollars. The most epic boundary litigation matter in United States history was a riparian boundary dispute: The famous “Red River Litigation” between Oklahoma and Texas. That litigation spent the 1920s in and out of the U.S. Supreme Court and even at this date there remains an ongoing kerfuffle concerning the boundary. Another example is the current “Is it a river or is it a lake” question in Lake Catahoula in Louisiana (with huge ownership and other consequences). Lex Aquae With its foundation in English Common Law, courts and legislatures (both state and federal) have proclaimed “lex aquae,” the law of the water. Riparian (river) and littoral (lake or seashore) boundaries are part of that law. Riparian boundary law is complex, largely buried in court decisions that set precedents, and, like the shifting sands in a river, it has and will continue to evolve. But it establishes the rules and principles to be followed by the Professional Surveyor when determining the location of a riparian boundary. continues Featured Article
Photo illustrates past complex river movements. Today’s boundary position will depend on the area’s fluvial and title history. This image shows the same area as shown in the 1864 map. 8 The Oregon Surveyor | Vol. 47, No. 3 Featured Article continued Boundary control legal principles are fairly uniform nationwide, hence there are books by Skelton, Clark, Brown, Robillard, Wilson, and others that do a good job of stating and explaining them. Some legal principles are broadly applicable nationwide. The general riparian rules for erosion, accretion, and avulsion are examples and they are adequately covered by the authors listed above. Under the Equal Footing Doctrine, the federal government left most riparian issues to the states (while reserving federal interests). Because states can (and have) developed their own law and rules relative to water law and riparian boundaries, there are differences. Some riparian boundary issues are very state-specific. One doesn’t have to dig too deeply into riparian boundary subjects to find rules that are very different state-to-state: If a state owns the bed of a river that is navigable for title (not all states do), what is the title boundary between the state and the upland owner? If you said Ordinary High Water Line, you’d be correct for less than half the states. So, books by the authors listed above don’t delve too deeply into riparian boundaries . . . as they shouldn’t. Some Examples To illustrate how state-specific some riparian/littoral boundary issues can be, here are some questions or hypothetical situations. For your jurisdiction, state the applicable legal principle, along with any qualifying statements or explanations necessary. No answers are supplied with this quiz because there is not one answer that will be correct for all 50 states and federal lands. One or two will be close to the same nationwide, but even they will need a qualifying note or two. If you’ve not accomplished many surveys of riparian tracts, you may not have thought of or encountered some of these circumstances. All of these issues have been before the courts. It is likely these issues are settled for your state. (Perhaps not to the specificity desired by the Professional Surveyor, but the general principle can be stated.) 1. For a non-navigable stream, what line is the boundary between opposite landowners? Define, exactly, that line and how it is located. 2. Who owns the bed of a waterbody that is navigable for title? Is it the State in trust for the public? Is it the upland landowner but subject to an easement in the public for commerce and recreation? Or is it in some other entity? 3. Suppose the bed of a river is navigable for title and is owned by the State. Where is the boundary between the State and the upland owner? Define, exactly, that line and how is it located. 4. Who owns an island that forms in a navigable river? 5. On a navigable river that has barge and commercial traffic, for the states on opposite sides of the river, where is the state boundary? Define, exactly, that line, and how is it located. 6. Suppose a non-navigable lake is not meandered by the GLO and slowly goes dry. The littoral owners hire you to survey their lakebed ownership. First, do these upland littoral owners have any rights in the now dry lakebed? Describe how you proceed. 7. Suppose that post-avulsion on a navigable river, there’s a cutoff lake, formed from the abandoned channel. The cutoff lake partially fills in. Who owns the bed of this cutoff lake?
9 Professional Land Surveyors of Oregon | www.plso.org 8. Owner A conveys to B “all lands north of the river,” then Owner A conveys to C, “all lands south of the north bank of the river.” Based on those facts, what is C’s northerly title line? 9. For your state, are the legal principles different for a river as compared to a lake? If so, define or distinguish the difference between a river and a lake. 10.The GLO meander line is practically never the upland owner’s boundary. As the successor to the patentee, the patent being a lot made fractional by a waterbody, the waterbody is the boundary, not the meander line. Can there be an exception, the meander line being the boundary? 11.Suppose in the deed of a riparian tract, its acreage is given. A current survey shows that the acreage mentioned does not include the accretions to the tract that have been added since the deed was written (but has been used in subsequent conveyances for many years). Are the accretions conveyed by the later deeds? 12.Does your jurisdiction embrace or reject re-emergence? That is, suppose that by erosion an advancing river completely erodes and washes away a parcel. The river then retreats, accretions forming where the parcel formerly was located. Who gets title to the “re-emerged” parcel? Does the original owner’s title “re-emerge,” or, does it accrete and inure to the benefit of the owner of the last mainland the river touched (who could have been previously non-riparian)? 13.On a stream that is non-navigable for title (the upland owner(s) holding title to the bed) does the public have the right to float-fish or canoe through the property? Camp on its banks? 14.Suppose artificial improvements to the banks or in the channel of a river create changes downstream by erosion and accretion. Do the usual legal principles of riparian boundaries still apply? 15.When does the apportionment of an accretion stop, the apportionment becoming fixed? That is, as an accretion grows and changes shape its apportioned lines move as well. When do those lines become fixed? 16.Is there a difference between navigability for title and regulatory navigability? Is there a nexus between the two? Who decides if a river is navigable for title? Who decides regulatory navigability? 17.Is, or can there be a difference between federal navigability and state navigability? Can a river be navigable for title under the state test, but non-navigable under the federal test? Can the state test and federal test be different? 18.Is the river adjoining the tract you are surveying navigable or non- navigable for title? How do you know? Will it make a difference in the survey? Yes! For your state, who determines if a river is navigable for title? [By the way, is there a difference between navigability for title and regulatory navigability? The answer is yes. I know of no state where they are identical. But, in riparian boundaries, statements such as this are dangerous. It seems there is always an exception.] Note that these questions/situations are focused on inland, nontidal rivers and lakes. Just as many questions could be posed for tidal boundaries. The Challenge Each state needs its own manual that addresses its riparian and littoral boundary location principles. Coastal states should include its tidal boundaries. To accomplish this, all riparian/littoral decisions related to boundaries need to be discovered, indexed by topic, read, abstracted, then summarized. With these summaries and aided by learned articles on the subjects, publications and statutes, the legal principles can be stated. The product will be a book on riparian/littoral boundaries specific to the jurisdiction. This has been done for only one state, Arkansas. See “Riparian Boundaries for Arkansas” by the author of this article. Pages: 288. Tables: 30. Figures: 12. Within that book, the answers for each question given above can be found. To start your state’s manual, for the questions/circumstances in the examples given above, do the case law and statute law research necessary to state the legal principle or provide guidance on the matter, specific for your jurisdiction. Cite the applicable decisions and summarize them. Once this is accomplished for each state and the federal lands, someone with high professional knowledge of and experience with riparian/littoral boundaries and who is an excellent writer with lots of energy and unlimited time and resources can edit the resulting tome about inland, nontidal riparian and littoral boundaries and coastal tidal boundaries. It would be a herculean task. That’s why no one has done this to date. This “challenge” is made somewhat in jest, but posing the questions/situations is not. They illustrate how complex riparian boundaries can be, and how state-specific they can be. Dr. Richard Elgin, PS, PE is a surveying practitioner, educator, researcher, collector, and author. He codeveloped the “ASTRO” software products and coauthored the Lietz/Sokkia ephemeris. He wrote The U.S. Public Land Survey System for Missouri, Riparian Boundaries for Arkansas, Shoulda Played the Flute (a memoir of his year flying helicopters in Vietnam), and Riparian Boundaries for Missouri (in press). He owns a large collection of early American surveying equipment, rides a Moots bicycle, and drives an Alfa Romeo 1600 GT Junior. Dick’s articles have appeared in “American Surveyor” for many years. He may be reached at elgin@ rollanet.org. Because states can develop their own law relative to riparian and littoral boundaries, some riparian boundary issues are very state-specific. Featured Article
Claude Mansfield as a young man. Photo courtesy of Patricia Mansfield Harris, who shared the photo from Ancestry.com. An interesting note: The photo was saved by a photo rescuer, Diane Herd, who found the photo and contacted the family. Captain Salmon B. Ormsby, supervisor of the Cascade Forest Reserve. Photo provided by Chuck Whitten, who scanned it from S.A.D. Puter’s book “Looters of the Public Domain,” published in 1908. 10 The Oregon Surveyor | Vol. 47, No. 3 Featured Article There are many names that appear on maps. They are usually attached to physical features such as creeks, rivers, mountains, etc. Some names are recognizable while others are relatively unknown but still have an interesting background. One of these in the North Santiam country is Mansfield Creek, which flows into the Breitenbush River near the hot springs, approximately 10 miles upstream from Detroit, Oregon. Mansfield Creek is named for Claude Howard Mansfield, born in 1868. He was the only son of Margaret Adaline Hill and Howard Mansfield. His mother was the daughter of an Oregon pioneer, Dr. Rueben Coleman Hill. Margaret became widowed and then married a fellow named Rufus Thompson and they then had nine more children. In the 1880 Census, Rufus Thompson, his wife, and six children were noted along with “Claude Mansfield, age 12, stepson, at school.” In July 1892, Claude married Harriet (Hattie) Eliza Ross in Albany, Oregon. They would then go on to have three children: Cynthia Estella Mansfield, Alfred Lorenzo Mansfield, and Naomi Claudine Mansfield. Cynthia died in infancy. The Breitenbush River was “officially named” by John Minto while on his 1873 “exploring trip” to the Minto Pass area. He named it after John Breitenbush, who he called “a one-armed hunter and nothing else.” John lived at the confluence of the Breitenbush River and the North Santiam River, east of the present Mongold Boat Ramp. The 1890 U.S. Census records were all destroyed in a warehouse fire, therefore, not much information is to be found about Claude and Hattie, but they evidently lived in the Detroit area in the 1890s. The Mansfields started visiting the hot springs and developed a plan to make Breitenbush a spa where people could come and “take the vapors.” In 1900, Claude applied for a “Homestead Claim” within the “Cascade Oregon Forest Reserve.” As a surveyor, I have come across many “Homestead Entry Surveys” and they normally have random boundaries that follow natural features or improvements, etc. instead of north-south and east-west lines. In looking up “Homestead Entry Surveys” in the General Land Office records, I was surprised to see that they were authorized by “The Act of June 11, 1906”! I then started to wonder how Mansfield could apply for a “Homestead Claim” when the law authorizing them was enacted six years in the future! There had to be an explanation, since the survey for Claude’s “claim” was actually completed in June 1900. Further research reveals that an earlier “Homestead Act” was passed in May 1862! It went into effect on January 1, 1863, the same day Abraham Lincoln issued his “Emancipation Proclamation.” To acquire a patent to 160 acres of public land, only residence, cultivation, and some improvement upon it was required. After five consecutive years, the homesteader could apply for and receive a patent to the land for the cost of a $15 filing fee. To “get the ball rolling,” an application for the “Homestead Claim” would have had to be submitted to the General Land Office, whose representative in this area was Captain Salmon B. Ormsby, Supervisor of the Cascade Forest Reserve. Ormsby was later dismissed by the GLO in 1902 after he was implicated in the “Puter Land Frauds” scheme in T11S R7E, eight miles south of the hot springs. However, once the application was filed and accepted, a Government Deputy Surveyor named James A. Warner, by then 66 years old, was instructed by Ormsby to begin the required survey. Warner had started surveying for the GLO in 1876 and worked both in eastern Claude Mansfield (no relation to Jayne) By Chuck Whitten, PLS
Typical Homestead Entry Survey. Map provided by Chuck Whitten. The “blank line” surveyed by Warner over rough country. 11 Professional Land Surveyors of Oregon | www.plso.org Featured Article and western Oregon for many years. In 1900, he borrowed a solar compass from a fellow deputy surveyor William Barr, who had defeated Warner in the election for Albany city surveyor in 1889. After finishing the survey, Warner broke Barr’s solar transit and failed to return it. Barr promptly filed suit against Warner for damages and the case ended up in the Oregon Supreme Court where Barr won his case for a new trial. (Outcome not known.) Mansfield’s claim was in un-surveyed forest land so Warner’s 1900 work had to start from an existing section corner which, in this case, happened to be two miles south from Mansfield’s “claim area.” The closest corner was on the north line of Township 10 South, Range 7 East, which was surveyed in 1893 by William Bushey, said corner being the northeast corner of Section 6. Warner then ran a “blank line” (meaning that he did not blaze it or note creeks and ridges, etc.) north for two miles and set a stone for the Southwest Corner of Section 20, Township 9 South, Range 7 East, W.M. He then ran and marked the boundaries of that one mile “square.” In his “General Description,” Warner notes, “One settler located on the NE quarter of Section 20, Claude H. Mansfield,” who also happened to be one of the axmen on his crew. Fortunately, the area Mansfield was claiming fell just within that square mile. Today, Section 20 is still the only government surveyed parcel in the whole township. On September 6, 1880, Judge John Breckenridge Waldo, (namesake of Waldo Lake; According to “Oregon Geographic Names. 7th edition,” Salem's Waldo Hills were named for Daniel Waldo, father of Judge Waldo) had stopped at “Breitenbucher Hot Springs” for a warm bath. He, with some friends and a pack string, were on their way back to Salem after being in eastern Oregon since July. Waldo and his friends would travel into the central portion of the Cascade Range to explore the relatively unknown places in the vast wilderness of the mountains. This he did almost every summer between 1880 and 1907. His usual packer was Don Smith of Gates, whose turn of the century home still stands intact, just east of where the Gates Motel used to stand, until the September 2020 Lionshead forest fire consumed it and many other homes and businesses between Stayton and Detroit. Waldo again visited the springs in July 1887 and described it as “this boughy and aromatic forest of the Cascade Mountains where the foot of the lumberer he detested so much has never trod.” Six years later, in 1893, Waldo returned to Breitenbush and lamented, “Then (in 1887) the spot was in its primeval wilderness —a lovely opening in the forest above the river and fragrant with incense cedar. Now it shows the hand of progress and development; handsome cedars cut down and logs lying about. The effect was disfigurement which was only not greater because the improvement had not extended very far. The landscape artist who directed the improvement should receive little employment. The cabin was put somewhat back and in this better taste was shown. A log bath house, very plain, had been built over one of the hot springs.” The above improvements were undoubtedly made by Claude Mansfield, as he and Hattie were then starting to develop their “claim.” Finally, on August 16, 1904, Claude received a patent for Homestead Entry 6682, being the NE Quarter of Section 20. Mansfield Creek flows southwesterly across Claude’s claim and into the Breitenbush River near the middle of his west boundary. In the early 1900s, Claude and Hattie’s son Lorenzo contracted polio, leaving him paralyzed. Since there were no successful treatments for polio at that time, Hattie thought that maybe the hot springs at Breitenbush might relieve his stiff legs. They built a pool fed by the hot springs for him and he spent much of each day in it. By the end of summer, he was able to walk again with only a slight limp! Many years later it was discovered that heat is a treatment for polio. Lorenzo went on to become an interior designer, married, continues
12 The Oregon Surveyor | Vol. 47, No. 3 Featured Article and had three children, 15 grandchildren, and 17 great-grandchildren, and lived to be 73 years old. Claude died in 1906 and several years later Hattie married one of her childhood friends named Fred A. Bruckman. Fred was the inventor of the first ice cream cone machine. It was called Bruckman’s Real Cake Ice Cream Cone machine and was very profitable, enabling Fred’s son Merle to build the existing Breitenbush Lodge in 1927 and he continued to run it until the early 1950s. When my family lived in Idanha from 1945 to 1956, we would often go to Breitenbush to go swimming in the big, warm pool in July and August. My older sister, Cara Lee (aka “Cookie”) worked at the hotel/lodge in the late 1950s and early ’60s. I’ll always remember the huge sign that read “Welcome to Bruckmans” as you rounded Cleator Bend on the Breitenbush River. The sign was about 10 feet high and 30 feet long and was a faded yellow with big black letters. The hot springs are mainly on the south side of the river, but there was a store and some cabins, plus a few springs north of the river. I remember stopping there in the mid 1970s for gas and a fellow came out of the store and pumped the required amount of gas into a large glass tank atop the pump. That tank was graduated in gallons and showed how much was pumped in (it probably would have held about 15 gallons). The fellow then put the nozzle into the car and the designated amount would gravity flow into your rig. That pump probably dated from the 1930s. (Those glass tanks make wonderful terrariums.) I had originally intended to write only about the origin of the Mansfield Creek name. As I started to learn more about Claude, it seemed logical to also tell of his involvement in the development of the Breitenbush Hot Springs. The cabin that he and Hattie had built in 1904 was still standing in 2004, though much deteriorated, just behind the Lodge. Sadly, most of the cabins and structures were also destroyed in the September 2020 Lionshead Fire. It will be decades before the site even begins to look like the area we once knew and fondly remember. However, it still remains as the largest privately owned hot springs complex in Oregon and is slowly struggling to rebuild. Chuck Whitten graduated in 1967 from Oregon State University with a BS in forest engineering and is still a licensed land surveyor in Oregon and Washington (retired). He has lived near Battle Ground, Washington, since 1977. One of his hobbies since retirement has been recovering and maintaining original GLO section corners under a 1995 volunteer agreement with the Willamette National Forest. continued 1904 and 2021 maps of Section 20. Map provided by Chuck Whitten. Map provided by Chuck Whitten.
13 Professional Land Surveyors of Oregon | www.plso.org Featured Article One of the most influential and respected surveyors in Jackson County in the 1900s was Mark E. Boyden (1924–2011), PLS 281. In order to learn more about Mark Boyden, I interviewed two local surveyors who knew him well: Dick Bath and Harold Center. Mark was the son of C.Z. Boyden, also a respected surveyor in Jackson County, and he learned the profession by working for his father from a young age. C.Z. taught him the fundamentals of surveying, such as correctly pulling a tape or diligently researching deeds, but the most important thing he passed on to Mark was his passion for surveying. To Mark Boyden, surveying wasn’t just a job, it was his calling. This passion, combined with his Christian faith, made him pursue surveying with an integrity and dedication that leave those following in his footsteps in awe. Two things that always stood out to me when retracing Mark Boyden’s surveys were the accuracy of his measurements, no matter what the terrain was, and the detail of his narratives. Through all his decades of surveying, Mark stayed active with his field crews, training them in person and requiring that they adhere to his standards. He insisted on being present with the field crew for all survey work, feeling that the responsibility of a surveyor was to be doing the surveying, not in the office. He was always dedicated to using best practices by leaving no traverse unclosed, measuring side shots from multiple angles, and even using the survey instrument and chain to make measurements to bearing trees. The result wasn’t just a quality survey product, but another generation of respectable surveyors mentored by him personally. Mark E. Boyden One of Jackson County’s Finest Land Surveyors By Darren Goheen, PLS Many of the quality surveyors in this area today can trace their practices in part to Mark’s influence. Mark’s maps are held in such high regard in this county that when I was a very green technician, I was told by my mentor that Mark Boyden’s maps were like gospel. Mark also had a reputation as “a walking encyclopedia” according to contemporary Dick Bath, PLS 1069. He loved to talk about surveying and was full of stories from his experiences. Part of what made him such a good leader in the surveying community was his eagerness to share those experiences and the infectious passion for surveying that flowed out of him as he spoke. Mark was also a businessman, and like many of his era he had a proprietary view of his previous survey records. This mentality allowed Mark to build up his knowledge network, especially around the Rogue Valley, which served to increase his productivity and his accuracy, as more and more of the local puzzle pieces were fit together by him. Furthermore, he served as the Jackson County Surveyor from 1956 to 1965 while also running a private survey business, giving him easy exposure to the maps of other surveyors in the area, in a time when recorded surveys weren’t available with the push of a button. During his time as county surveyor, he also reestablished many of the Donation Land Claim corners and section corners around the valley, which further built upon his land network, while also benefiting other surveyors. Much of this work was done in coordination with U.S. Forest Service surveyor Harold Center, PLS 1071, with whom Mark would develop a lifelong friendship. As I mentioned previously, Mark was a man of faith, and he is remembered by many for the Prayer Breakfasts that he initiated as a staple of the annual PLSO conferences for many years. He handled the organization and scheduling for the breakfast, and even lined up special speakers each year to give a short devotional message. Mark Boyden was a true professional land surveyor and a leader. He was passionate about his work, involved with both the state level and local organizations, and set a high standard for survey work in Jackson County. The tracks he laid continue to guide and inspire future generations of surveyors as we follow in his footsteps. Darren Goheen, licensed in 2023, is part of the Emerging Leaders program, led by Jeremy Sherer. Goheen is President-Elect of Rogue River chapter and Interim City Surveyor for the city of Medford and serves on the PLSO Outreach Committee. He wrote this to honor Mark Boyden for National Surveyors Month, which was in March. Mark Boyden was a true professional land surveyor and a leader.
By Pat Gaylord, PLS Lost The surveyor
15 What city park is named after a long line of surveyors, several of whom have been covered in this column? Question continues Klamath Falls is home to a city park which encompasses more than 400 acres and lies at the southern tip of Klamath Lake on Lakeshore Drive. The park is only two miles (as the crow flies) from the Oregon Tech campus, and I’ve driven by it many times thinking someday I would use it for a story. What I didn’t know is how involved the story would be to tell and how the park’s namesake led a fascinating life which was interwoven with some of the hero’s and scoundrels of Oregon’s surveying history. As all good surveying families go, the park’s namesake comes from Answer a long line of surveyors, several of whom have been covered in this column. His family left their roots in Marion County and arrived in Linkville (present day Klamath Falls) in 1874. His father, William S. Moore, soon built a sawmill on the Link River which he operated with his youngest son, Charles, who would go on to become a Klamath County judge and Oregon State treasurer. Charles also did some surveying, but he is not the focus of this story. By 1882, William had turned the sawmill operations over to his two sons, Charles and Rufus, who became notable land owners, timber barons, and pillars of the Klamath Falls community. The latter of those three things is where the story becomes more complicated because within his extended family, we find some heroes and scoundrels. Throughout his life Rufus was a capitalist who was responsible for the development of mills, canals, railroad development, power generation, lumber, and logging. It was said he knew every inch of Klamath County like it was his own front yard, and according to his obituary, he often walked more than 2,000 miles in a single season. It was common Professional Land Surveyors of Oregon | www.plso.org The Lost Surveyor
16 continued for early pioneers to hold many jobs and cover many miles in their lifetimes. Rufus Scudder Moore covered many more miles as our Lost Surveyor in this story. His obituary noted that he had surveyed on “all sides of the Rogue River and many parts of Klamath County” (November 7, 1931, Klamath Herald). Through the extensive research of Jerry Olson, we know that Moore surveyed far more parts of Oregon than that and he held numerous contracts with his uncle, Henry Meldrum and others. This is where Moore’s story takes a turn. According to the February 10, 1897 Times Herald in Burns, Oregon, survey Contract No. 637 was awarded to Rufus Moore and No. 639 was awarded to Moore and his uncle Henry. The two had already worked together for many years at this point, but turmoil was on the horizon. Unfortunately for Rufus, within two years of being named Surveyor General of Oregon in 1901, Henry Meldrum was removed from office and on trial for land fraud and Rufus would be swept up with him. In the fall of 1903, the trials began for conspiracy to defraud the government by fraudulent surveys and forged applications for surveys. Those indicted included Henry Meldrum, Surveyor General; George Waggoner, Chief Clerk; Rufus Moore, Deputy Surveyor; David Kinnaird, Examiner; John Hamaker, Notary; George Brownell (Attorney and Oregon State Congressman), Notary; and Frank VanWinkle, Surveyor and Notary. Meldrum, Moore, and Kinnard were all related to each other. Additional players in these trials ranged far and wide in Oregon social and political circles. In addition to the surveyors, the cast of characters included Senator Mitchell and his law partner Judge Tanner, both from Portland, and with the exception of Senator Fulton, the entire Oregon congressional delegation rested under the imputation of guilt. (February 15, 1905, Morning Oregonian) The trials were not regarding the quality of the surveying, but were focused on fraudulent applications, forged signatures, and made up entrymen. Mitchell and Tanner were indicted for perjury to protect Meldrum. Meldrum ultimately was convicted of 21 counts and sentenced to 34 months in McNeil Island Penitentiary in Washington. Coincidentally, the infamous Robert Franklin Stroud, known as the “Birdman of Alcatraz,” was housed at McNeil Island about the same time as Meldrum. Moore had been accused of knowing of “forging the signatures of survey applicants, awarding and accepting a survey knowing that had happened, defrauding the government by making said survey, knowing that it was unauthorized because the land was worthless, and remaining silent The Oregon Surveyor | Vol. 47, No. 3 The Lost Surveyor
17 for the others involved.” (Jerry Olson, GLO Surveyor Personal Notes, Oregon) Moore was not accused of the forgery or of falsifying his survey notes. In 1909, Moore’s attorney petitioned the court for demurrer, claiming the facts against him were insufficient, which was overruled and he was ordered to stand trial. In a story of a dispute over his attorney’s bills in 1914, the Oregon Daily Journal noted the fraud charges against Moore were dismissed without trial. Jerry Olson notes in his research that by 1914, generally speaking, the prosecutors were tired and ready to quit because the big names had been convicted. In addition to the turmoil described above, Moore surveyed many contracts throughout Oregon with at least eight other notable (and reputable) surveyors of Oregon. He also held the office of Klamath County Surveyor, which by his obituary on November 7, 1931, he won by “the slim margin of one vote which he declared was cast by himself.” (The Evening Herald, Klamath Falls) Despite the cloud on Rufus Scudder Moore’s history related to the land fraud he was associated with through his dealings with his uncle and others, it is clear he was a respected citizen of Klamath County. In 1925, Moore and his wife offered a donation of 80 acres of park land to the park board. The Klamath Herald noted that as a part of this new acquisition, the existing Riverside Park would be sold to the railroad. The same article notes that the deed for Riverside Park included a reversionary clause to Moore and his partner. As a part of the resolution of the reversionary clause, the partners received $13,500 and Moore donated the 80 acres. After the passing of Rufus Moore, his wife donated additional land to Moore Park. The total acreage of the park now stands at nearly 400 acres. According to the Klamath Falls website, the park offers a day camp area, disc golf, extensive bike and hiking trails, picnicking, play areas, sports fields, and of course, tennis and pickleball courts. Klamath Falls’ Moore Park stands as a monument to a prolific Oregon surveyor. As his obituary notes, he was “a man of social temperament, with a keen sense of humor. Mr. Moore has been one of the best beloved citizens of Klamath Falls for more than half a century.” (The Evening Herald, Klamath Falls) References “Linkville and the Moore Family,” By Lawrence Powers, Oregon Encyclopedia https://www.oregonencyclopedia.org/ articles/linkville_and_the_moore_family/. Jerry Olson, GLO Surveyor Personal Notes, Oregon https://www.northwest glosurveyors.com/. University of Oregon, Historic Oregon Newspapers https://oregonnews. uoregon.edu/. Professional Land Surveyors of Oregon | www.plso.org The Lost Surveyor
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