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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 11, 1910)
9 FLOODS EXCEPTED PORTLAND WOMEN WILL COMPETE IN FENCING EXHIBITION BEFOBE FENCING CLUB TONIGHT. F OS1C TIIE MORNING OREGOXIAN, FRIDAY. NOVEMBER 11, 1910. ROM WATER RIGHT A Year's M Lessons Federal Judge Strongly Coin cides in Doctrine of Bene ficial Usage. USUAL FLOW CONTROLLED Iddcd Force I Given to Ieclslons of State Courts on Subject l" so of Overflow' Irnled to Irrigation Concern. In holding that riparian rlRht pr lslm only to the usual flow of the waters of a stream and not to the flood waters, the United State Court yesterday irave added fore to Judicial declarations of the scale courts on Irrigation questions, ffh. court coincided fully with the doc (rln of beneficial use of waters. The lltliratlon Just endd ni between the Eastern Orrnoo Land fAxnpany and the "Willow River Land Irrigation Company, the latter company beinc en- , raxed in the construction of a dam to ! Impound flood waters of Willow River 1 at a point shout & mile, shove sle, In Malheur County, and on land alleged to be of a mineral character. The dam Is on land which was part ef The Dalles military waron road It run running; from Boise. Idaho, to Tlie Dai In. the title to which pasnrd by pur- rhK to the Eaotern Oregon Land com psny. In the patent secured from the X nlted Rtatrs a reservation sppeara t the effect that any known mineral lr.d, or any land upon which mineral may ereafter be found, shall be reserved by the l nlted Slates. flood Waters 1'iwd. Both parties to the suit own lands) I the. vicinity of Willow free which are subject to irrigation, the W'llow River Company being; encaged In constructs expensive reclamation worker while the IXern Orojron Company heretofore ha relied upon flood waters overflowing;. Its fcoldlngw and thus placing the land I coiMllti4n to raise valuable crops. Its lands being parallel to the river, the 2Casiern Oregon Company aseerted riparian right to the use of the flood waters of the stream and denied th right of the, Willow River Company to Impound them at Its dam. Dennto Brogan and associates bought land In W In the Willow creek Valley and organised a company to irrigate it. They found that mining claims had been located on either aide of Willow Creek at a point suitable for a dam. and the IBrofraa Company bought the claims, pro giosljig to create a reservoir and carry the water conserved from floods out over lands which were found to be suit able for cultivation. In addition Brogan a.'werrts that he hae secured all Che es tablished water rights on th stream. In doing so he visited the farmers who r.ad mads locations along Willow Creek and had usrd the waters for Irriga tion for many yeara and bought both their water and land. In that way the willow River Land A Irrigation Com pany aexerta that it has secured all the water In the stream at all times of the rear. Flood Waters Excepted. The Eastern Oregon Land Company then asserted its right to use the water ef the stream for such lands as It might own alone rta banks, but admitted that no claim had been made with the State Kngineer until after other tilings had been approved. In passing upon the merits of the claims. Judge Besn held thst the title to the dam site was In the Willow River Company because of the reservation of mineral land by the l nlted States and because of (tie proof submitted that the land had been worked for mineral for several yea rs before the Irrigation schemes came Into being. Judge Bean ruled that the Eastern Oregon Land Company had no claim to flood wat era because of their being un certain In character and time of ap pearance and ' confined the company's claims to such portion of the natural flow of the stream as had been benefi cially applied to its lands, a question to be determined by the district water superintendent snd the 9tste Engineer. PERSONALMENTION. J. X. Finnic, of Spokane. Is at the Lenox. P. K. Smith, of Tamhlll. Is at the Perkins. L. S. Hill, of Cottage Grove, is at the JUmapo. O. I. Feterson. of Astoria, is at the Cornelius. William Gerlg, of Medford, Is at the Cornelius. A. K Davis, of Coolldge, Wash., la at the Ramapo. J. F. McXanght. of Hermlston. Is at the Portland. L. R- Fa rr Is. of Kalama. Wash., Is at the Oregon. G. D. Woodworth. of Hood River, is at the Perkins. B. W. Johnson, of Corvallis, is regis tered at the Oregon. E. R- Bryson. of Eugene. Is regis tered at the Cornelius. John Thomsen. of Baker. Or.. Is reg ime red at the Portland. Rev. G. J. Dtckson. of Pendleton, Is registered at the Ramapo. L. G. Hill, a lumberman of Cottage Grove. Is at the Imperial. Mr. and Mrs. G. W. Ford, of Pendle ton, are staying at the Oregon. Mr. and Mrs. Hugh Jenning. of Ken dxlck. Idaho, are at the Lenox. Mr. and lira C H. Doncaster. ef Aberdeen, are staying at the Lenox. Mr. and Mrs. E. O. McCoy, of The Dalles, are staying at the Portland. Mr. and Mrs. Fred R. Mel Us. of Ba ker. Or, are staying at the Imperial. C- W. James, superintendent of the Ftate Penitentiary at Salem, is at the Imperial. Mr. and Mrs. A. H. Davenhlll. Mrs. F. M. Able. Mrs. Adele Love and Mrs. A. L. MeCue. of Ashland, are staying at the Perkins. WIDE, LONG BERTHS. On Great Northern Shore line express, Portland to Puget Sound and Vancouver, B. C. 11:39 P. M . daily, from Hoyt-atrect station. Eleventh and Hoyt streets. Other trains leave HAM. and S P. M. Ticket sleeping and parlor car reserva tions, city ticket office. 13 Third street and at depot. Vnion Bay Kllensburg Site. OREGOXIAX XEWS BCREAC. Wash ington. Xov. 10. The Secretary of the Treasury todsv authorised the pur chase of a public building site at E1 lensburg. at the corner of Fourth and Rubv streets, ewned by A. L. Crum, for tTOOO. ' fir V J o lL ; Afl FOILS WILL GLA5H Fencing Club to Give Interest ing Programme Tonight. SWORDS WOMEN WILL MEET Kxperte at Okt-Time Art Tie Their Skill at Entertainment Under Auspices of Portland's Xew Organization. One of the most novel as well as Interesting attractions In the line of athletics will be the fencing tourna ment to be staged at the Women of Woodcraft Hall. Tenth and Taylor streets, tonight. This sport is a new one, as far as public Interest Is concerned, but tonight's exceptional programme Is expected to create an Interest in the game which will make It one of the most attractive Winter sports this season. Professor Lam pert, an expert swords man, who has been in charge of the Portland Fencing Club's classes since that nourishing organization was In augurated several months ago, will di rect tonight's entertainment, and many of the best fencers In the Northwest will be on hand In tonight's competi tion. Some disappointment was ex pressed by members of the fencing club yesterday because no fencing team entries had been received from out of town and the inter-club contest orig inally planned has been abandoned. However, one of the most unique fea tures of tonight's exthibltion will be the fencing contest between Miss Lydla Dammeler and Miss Lillian Rosland, two women who are experts with the foils, and this match Is already at tracting widespread attention even among those totally unfamiliar with the art. The Interest undoubtedly means that the attendance at tonight's tournament will be flattering enough to perpetuate fencing In Portland In the future. Professor Lam pert has worked hard and faithfully in the effort to establish this sport here and indica tions point to a successful consumma tion of his ideas tonight. The entries for tonight's meet are aa follows: Individual amateur foil championship, for prise of cold medal Lieutenant It. Sears, of Vancouver. Waah.; llarlo Montreaza. Magnus Noratad. Charles K. Barteau and James D. Paul. o the Portland Finclng Club: Ga.ton Moch. alontesano. Wash. Dueling .word championship Mario Hon trexxa. Charles E- Barteau. Magnus Xor- tand and James D. Paul, ail of the Port- and Fencing club; uastoa aiocn. Moate- no. W a.h. Kxhlbltion contests with foils, dueling word and sabres Major Carl Oustav voa K.loff.teln. Hill Military Academv: Pro- feuor H. A. Comeau. Aberdeen. Wash.: Pro fewor Charles Lainpert. Portland Fencing Club. Ladles foil championship, for silver medal Mies t.vdla Damnjeter. Portland Fencing Club: Miss Lillian Roslaad. Portland Fenc ing Club. of the speaker and was forced to draw his revolver to secure a passage to the police station. Burke, answering a question of the attorney for the de fense, denied emphatically that he had been instructed by his superiors to drive the Socialists from the streets. Attorney Glcason, of counsel for the de fense, told the officer that it was the duty of a policeman to be hooted and shot at. quoting Mayor Gaynor, of New York, to that effect. Judge Tazwell took the case under advisement until this morning. Y. M. C. A.HAS NEW PLAN Several Features Added to Regular Sunday Programme. Sunday programmes at the Toung Men's Christian Association are to be conducted on a new plan, from now on. Several additional features haver been added by R. W. Perkins, religious work director. It is expected that the new arrangement will add considerable In terest to the weekly exercises and serve to Increase the attendance, which Is already large. The series of meet ings each Sunday will be known as the Triangle Club. The programme next Sunday will be gin at i o'clock with a concert in the lobby by the T. M. C. A. orchestra, re cently organized under the leadership of Miss Cornelia Barker. It will be concluded with a trombone solo, after which the auditorium meeting will be gin at J:3U o'clock. Rev. Boudinot Seely, pastor of the Rose City Park Presbyterian Church, will be the speaker, his subject being "The Will and the Way." From 4:30 to 5:30 Bible classes will be conducted, and these will be followed by a fellowship sup per. A feature of the supper will be the T-o-graph, consisting of the ex hibition of some well-known picture each Sunday and a discussion of the lesson taught by It. The picture next Sunday will be "Breaking Home Ties." ' Without Cost 0 We are offering a year's music lessons with every piano sold. In some cases two years' music lessons. QYou can take these lessons with any of 25 of the leading music teachers in Portland. You can choose the teacher you like the best. yiou can buy any piano on easy terms just as soon as you make your first payment on your piano, you can begin taking lessons. These lessons will cost absolutely nothing, not one cent. QYou get this year or two years' course of lessons, as the case may be with every single piano sold ihere are no strings to this offer. You can choose from any of the following pianos: Weber Piano $525, $600, $650, $725. Weber Grand Piano $800, $1250. Fischer Piano $400, $500. , Kohler & Chase Pianos 350, $375, $400, $425. Wheelock Pianos $350 to $450. Hoffman Pianos $225, $275. Kohler & Campbell Pianos $275, $350. EASY TERMS AS USUAL We want every one to know Kohler Chase, the oldest piano house on the Coast. That is why we are making this introductory offer the most liberal ever made by a piano house. We have won a reputation everywhere throughout the State of California for honest piano selling. We nave been in business there for sixty years. We are giving these music lessons td introduce ourselves quickly in Oregon. a. r Which Teacher Do You Prefer? MAIL. THIS COUPON TO Kohler & Chase, Washington and West Park: Please send me particulars as to your music scholarships. I prefer to take lessons with the following teacher: (Write In name of teacher here.) Name, (Sign your name here.) Address This involves no obligation on my part. STREET ORATORS TRIED PROFAXK LANGUAGE CHARGE IS MADE BY POLICEMAN. Citizens Going About Business Have First Right to Thoroughfares, Says Prosecutor. An ordinance prohibiting all street spesking- was urged in Municipal Court by Deputy City, Attorney Sullivan yes terday morning; as the only solution for frequent and vexatious prosecutions of persons accused of exceeding; the limits In using; the privilege bf the streets. "The first right to the streets is to those who are going; about their busi ness, earning their livelihood." said the prosecutor, "and they are hampered and annoyed by the advocates of all sorts of opinions, religious and political." Harry Lloyd, a Socialist, and Adolph Auerbach, his lieutenant, were on trial. on a charge made by Patrolman Burke, lleglng profane language. C E. S. Wood appeared for the defense and made an argument for unlimited free speech. His address wss followed by a slight attempt at a demonstration by the partisans of the defendants ion the benches. Lloyd and Auerbach were arrested last Frldsv night for obstructing the streets. They were fined HO by Judge Taswell the next morning and appealed. Lloyd devoted his remarks Saturday Ight largely to an attack upon the police, and Burke was urged by indlg- ant cltisens to arrest him. The of ficer was resisted and kicked by friends GREENWALD'S BODY FOUND Harbormaster Says Dock - Was Lighted on Both Decks. Five minutes after P. J. Kelly of the Ironworkers' Union began work with grappling hooks at 11 o'clock yesterday morning, tne body of Matt Greenwald. drowned Wednesday night, was recov ered and at once conveyed to the mor gue. From marks on the body it is presumed that Greenwald struck a bal last log in his descent and was probably instantly killed. Harbormaster Speier yesterday made a thorough Investigation of the circum stances. He says that three lights were burning on Martin's upper deck and that gangway lights were shown on the lower deck. where passengers were boarding the vessel, Geo. W. Elder. Captain Thomsen, of the steamer Eu reka, which was lying astern of the Kider, said that he knew nothing of the drowning until late in the evening, but that during the time he was on the dock the customary lights were burning, while there was additional illumination through the fact the saloon deck of the Elder was fully lighted. Funeral arrangements will be made by the Ironworkers, of which Greenwald was a member. Wash and West Sk Kohler CliSLse Washington and West Park Oldest Piano House in the West ASSOCIATION- NOW NEEDS HIGHWAY- COMMISSIONER. CONTRACTORS SPURN TASK Strata of Rock Under Council Crest Balks Work on Sewers. A strata of solid rock underlying a portion of the surface of Council Crest, has caused the contractors for the sewer in that district, the Jacob-sen-Bade Company, to ask the Execu tive Board to free it from Its contract. The street committee of the Executive Board yesterday asked the City Attor ney if it would be legal for the Board to revoke the contract, and he said that If the members could be assured that no property owners objected to the revocation, it might be made with out any legal hindrances. J. P. Sharkey, representing much of the interested property, agreed to get written approval from the property owners and present it to the Executive Board by this afternoon. If the con tract Is revoked, new bids for the work will be solicited. GALE DELAYS FISHERMEN Catch of Silvcrsides in Tributary Streams Is Good, However. ASTORIA. Or.. Nov. 10. Special.) Fishing has been rather slack in the Lower Columbia Klver during the past few days owing In part to the gale, which prevented many of the gill nettens from going out. In the smaller tributary streams, however, the catch of silver sides is excellent snd nhing will prob ably continue there during the balance of the month. While no figures of the pack are ob tainable. It has unquestionably been the banner Fall fishing season on the Co lumbia for many years. Publicity Manager Says Oregon, as Result of Election, Will Have Best Roads in- Country. With an amendment to the constitu tion providing for road construction in counties and bonding the counties for the cost of the same, a general state wide good roads meeting will be held In the near future, according to Phil Bates, publicity manager for the Good Roads Association. The matter is to come up at the next meeting of the officers of the society. L. K. Webster, chairman of the association, has the power to call a state convention, but he prefers to leave It to the officers ana have a general discussion as to the lines to follow with the call. "The situation in Oregon is changed," said Phil Bates, "with the adoption of the amendment to the constitution. It means. In my Judgment, that Oregon will have the best road system in the eoun. try. All that Is needed Is for everyone to put his shoulder to the wheel and push the good work along to a successful conclusion. To attain this we need a road engineer who may be styled a highway commissioner. He will have supervision of all the work and Is the advisory and guiding spirit of all county work. "To give the movement the proper im petus we must have a state convention. It should be held as soon as possible. This convention will draft the measure for presentation to the Legislature. The way is open for real work ana it is only a question of time before Oregon will have occasion to be delighted with the action of its voters last Tuesday." Gold Dust Is the World's Greatest Cleanser PULLMAN MAKES MONEY Report to Railroad Commission Shows Big Profit in Oregon. SALEM. Or., Nov. 10. (Special.) According to a report filed with the State Railroad Commission by the Pullman Car Company, gross earnings for purely local business of the com pany In Oregon amounted to $95,119.20. The gross earnings for all business in Oregon was $443,497.13. which Includes earnings on local business. Operating expenses in Oregon are shown to be $299,953.42 and taxes amounting to $6520.98 were paid in this state. n . - ifrina twivlnc. est fn- samhlque. Is developing Its rubber Industry. Want Then treat your hair well. See that it is properly fed. Growth of every kind demands DroDer food. Starved hair splits at the ends, turns prematurely lOn 2f gray, keeps short and dry. Then feed fi-vril your hair. Feed it with proper food, a regular hair-food. Feed it with Ayer's Hair Vigor. Thus help nature all you possibly can toward giving you rich, heavy, luxuriant hair. Askfyour doctor about your hair and .about AVer's Hair Vigor. Follow his advice. Does not Color the i Heavy Hair? air 3.C. Aycr Company, Lowell. Mess. Reduced Rates to Los Angeles $10.35 SECOND CLASS $21.50, $23.50, $26.50 FIRST CLASS To San Francisco $5.00, $10.00, $12.00, $15.00 , ALL RATES l.VCLl'DE JiEALS AD BERTH. NEW S. S. BEAVER Sails 4 P. M. Sunday, Nov. 1 3 SAN FRANCISCO & PORTLAND S. S. CO. H. C. Smith, C. T. At 142 Third St, Floats i alaia 403 A M02, J. W. Ransom, Agent, Alnsworth Dork hones i Main 2Utii A 1234. It cleans everything worth cleaning from cellar to attic It does more than clean it sterilizes, kills eerms and drives out every impurity, making everything it touches sanitarily safe. The use of GOLD DUST requires little effort from you the powder does most of the work all the hard part of it without vour assist ance. You simply direct it GOLD DUST is the great est aid the housewife has to home-purity, real economy and labor-saving. Let the GOLD DUST Twins show you the easy way to do house work. f Do pot nsa Soip. Naphtha. Borax, soda. CompareOur Prices With thoM yon bars been In the habit of paring, and too will oe that 9 offer yon a substantial sa lug on all work and too cannot get better painless work anywhere, no matter how much you pay. ftv ne Union plate ana bridge wore for out- - . 2 of -town patrons la ,one day If desired. Ammonia or Kerosene PL i if': jffin. l 7 ,i,h Gold Dust. GoM i,;?S?Tml7 Dual hai all desirable cleansing rjualitiea in V Tnf m perfectly harmlesa Wo tlllli JL and laatiny form. "Lft thm COLD DUST TWINS do ytm work' For Dyspepsia You Risk Nothing by Trying' This Remedy. We want everyone troubled with in digestion and dyspepsia to come to our store and obtain a box of Rex all Dys pepsia Tablets. They contain Bismuth Subnitrate and Pepsin prepared by a process which develops their greatest power to overcome ' digestive disturbance. Rexall Dyspepsia Tablets are very pleasant to take. They soothe the Ir ritable, weak stomach, strengthen and Invigorate the digestive organs, relieve nausea and indigestion, promote nu trition and bring about a feeling of comfort. If you give Kexall Dyspepsia Tab lets a reasonable trial we will return your money if -you are" not satisfied with the result. Three sizes. 25 cents, 69 cents and $1.00. Remember you can obtain Rexa.ll Remedies only at The Owl Drug Co.. Inc. Cor. Seventh, and , Washington. S treats. I 3 X rsinreM oxiracuoa Tr' fre when platea OS .V : a bridjze work la order. ',!li CoaaulUtion fret. MMolarCmmt $5.00 fi Srlii l)fl i 1 Pksuhtis dh. w. twist, za nan auausata paaruas "2 "S22kBrid.Ttli4.0d f iiGold Fillinn 1-00 jE-iunl Fillings 1.00 -j Silmr Fillings .50 Good Rubber -.3 Platea 5.00 i2 Beat Red Rubber- Plate. 7.50 Maauii Painlesa rjrtr'tlm .50 BSST METHODS All work fully guaranteed for fifteen years, Wise Dental Co.,inc Painless Dentists FHTnt Building., Third and Washington. PORTLAND. ORE, Office Houra. t A. M. to o t. U. iuodaye, to 1 "I am all right now, thanks to Dr. Miles' Heart Remedy." The same relief is ready for you. Are you sure you do not need it? If Dr. Miles' Heart Remedy helped Charles Holmes, why won't it help you? "I was troubled with heart disease, and after reading about Dr. Miles' Heart Remedy, I got a boltle. Be fore I got the Heart Remedy I had to sit up most of the night, and felt very bad at my stomach. Whatever I would eat made me feel worse, and my heart beat very fast. But thanks to Dr. Miles' Heart Remedy, I am all right now. I eat good, sleep good, and feel like a new man, al though I am almost 68 years old. I have been a soldier in the late war of the rebellion, snd was badly wounded." CHARLES HOLMES, " Private Co. B, 54th N. Y. Infantry Volunteers, Walton, Delaware Co, N.Y. Dr. Miles' Heart Remedy is kept in thousands of homes as a friend always to be relied upon in time of need.. Sold by all Druggists If the first bottle fails to benefit, your money Is returned. Ask any Druggist, MILES MEDICAL CO., Elkhart, Imk I