PAGE POCR.
EIGHT PAGES.
EVEMSTC OBSEKVER. LA GRAXDE, OREGOK, MONDAY, AtGtST St, ItOS.
a.
i3
.11
4;
if
li ti&Ji iwnM GSservcr
.'-' Published Dally Except Sunday.
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;3ii;oiiiep)ap-iiSaf!
WATER RIGHTS.
The fact that a large Irrigation pro
ject Is now under way In this valley,
which will of tiocegslty Involve certain
water rights and owing to an article
written by Burt Huffman, '--which.
' published In the Oregonlan asking for
legislation providing for the use of the
natural channels of streams to convey
water where practicable, applies di
rectly to our own project. Mr. Huff
man's article was written with . the
best intentions, but not being an at
torney, naturally was not Informed
regarding the present laws.
The gist of Mr. Huffman's article
Is contained In the following para
graph, taken from his article:
"As It Is, we have laws regulating
the turning of the usual flow of water
out of streams, transporting! by ca
nals nnil ditches to the land, but we
have no law by which water may be
stored on the upper rivers and trans
ported down the channol to the prop
erty of those storing It."
When Duvid EccUs was here a few
weeks ago, not being conversant with
the riparian laws of this state, Walter
Plerco had Attorney T. H. Crawford
prepare a brief of the lawn us he un
derstood them. This Mr. Crawford
did, and while It covers a wide scope
and several pages of typewritten pa
per, we quote as follows frnm this
brief, which shows the ryml of the
general law, ulsn our state law, which
leaves no doubt whatever but that
the channels of streams can be used.
"Henry 'P. Pnrnham, author of
Farnham on Waters nnd Water
Rights,' and assistant editor of the
L. R. A., In discussing this question,
says: 'When the Immense cost and
waste Involved In the conveyance of
the appropriated water to Its place of
use confronted the expropriator, the
desire to take advantage for that pur
pose of uny natural stream flowing In
the right direction was, of course,
strong, and It, from the beginning, re
ceived encouragement from the
courts, so as such encouragement
could bo given without Injuring the
rights of others. Indeed, the right to
use natural streams as part of a dlteh
ystem Is so reasonable that It has
rarely, If ever, been questioned.'
"The only limitations upon the right
appear to ba as follows:
I. "The water must be turned Into
the stream fur the express purpose of
conveying It and with no Intention of
abandoning It.
I. "There must be no Interference
with the rights of others.
S. "The rapacity of the stream
must be considered and no more wa
ter turned Into It than can be safely
carried within Its banks, together with
ths water naturally flowing therein,
without overflowing adjacent proper,
ty to its Injury.
Klatmrx of Oregon rorrlng I'olnts.
"The legislature of the slalu of Ore
gon In 1801 passed an act covering
the subject under consideration. This
act Is embraced In sections 4991-5019,
Inclusive, of Hellliiger A Cotton's An
notated Codes and Statute of the
fttnte of Oregon. Section 1 of this act.
being section 49K3 of the Code, pro.
SlT llijlll
lt)Qj
vldes that "The use of the water of
the lakes and running streams of the
state of Oregon, for general rental,
sale, or distribution for purposes of
irrigation, the supplying of water for
household and domestic consumption,
and watering livestock, upon dry lands
of the state, Is a public use, and the
right to collect rates of compensation
for uch use of said water Is a fran
chise.' ,
"Section 2 of this act, being section
4994 of the Code, provides thet 'A cor
poration organised for the construc
tion and maintenance of a ditch or
canal or flume for general Irrigation
purposes, and other purposes above
prescribed, may appropriate and di
vert water from its natural bed or
channel, and condemn right of way for
Its ditch or canal or flume, and may
condemn the rights of riparian pro
prietors upon the lake or stream from
which such appropriation Is made,
upon complying with the terms of this
act. Such corporation shall also have
the right to condemn lands for sites
for reservoirs for storing water" for
future use, and for rights of way for
feeders carrying water to such reser
vols, and for ditches carrying the
same away, and distributing ditches,
and shall have the right to take from
snv runnlna stream In this state and
store away any water not needed for
immediate use by any person having
a superior right thereto.'
"Section-11 of the act, being sec
tion 500 of the Code, provides that
'Any corporation constructing a ditch
or cannl, flume, distributing ditches,
or feeders, under the provisions of
this act, may make use of natural de
pressions ,1n the earth along the line
thereof to all Intents end purposes as
parts of said ditch or canal, flume, dis
tributing ditches 'or feeder; and V
may conduct the water appropriated
by It along the channel of any natural
olrctini, but nut so as to raise the wa
ter thereof above ordinary high-water
mark, and may take the same out
again at any point desired without re
gard to the prior rights of others to
water from said stream; but, due al
lowance shall be made for evaporation
and seepage.'
' "The other sections of this act pro
vide a complete system for effecting
the appropriation and completing the
same together with provision for suits
of condemnation In the courts. While
this act Is no doubt Imperfect, yet It
Is thought to be clearly sufficient and
ample to authorize a corporation or
ganized for the purpose, to appropri
ate and store away In reservoirs on
thn upper sources of the Grande
Romle river Its flood waters flowing
therein at hlKh' water stages for use
In the dry season for the Irrigation of
the dry arid lands of the Grande
ftonde valley, and to use the main
channel of said stream from said res
ervoirs to the point where said stream
debouches Into the valley, for carry
ing said stored water to a point where
they can be diverted into distributing
rrmnls and distributed to the lands to
be Irrigated. Certainly, If the legis
lature has authority to enact this law.
'.e law Itself as enacted Is bronr1
enough In Its scope and Intent to au
thorize this to be done by a corpora
tion organized for the purpose and to
fully guard and protect Its rights In
the premises."
"
CONTEKT NOTICE.
Department of the Interior,
U. 8. Lard Office, La Grande, Ore.,
August IS, 1908.
A sufficient rontcst affidavit having
been tiled lit l. a office by Benjamin
Bowman, contestant, against II. E. No.
ItOfl, Berlnl N.(i17, made February
I, 1002. for NH BV
section 4, township 4 south, range li
K., W. Meridian, by Uiorge E. Price,
contestee, In which It It alleged that
std George E. Price has wholly aban
doned the above described land for
. more than six months last past, and
! further that ha has not resided upon.
Improved or cultivated said land or
resided upon said land at required by
the homestead lawt at any time, and
: that said alleged absence from the
. said land wat not dut to hit employ
I ment In ths army, navy or marine
, corps of tht United States, said par
j ties are her by notified to appear, rs
I spond and offer evidence touching said
allegation at 10 o'clock a. m., on Sep
femner Zz. lion, before the register
and recevler at ths United States land
office In La Grande, Oregon.
The snld contestant having. In a
proper affidavit, filed August II. 1101,
set forth facts which show that after
due diligence persona terries of this
notice can not b mads. It Is hereby
orderrd and directed that such notice
be given by due and proper publlca
tlon. F. C. B RAM WELL,
J. T. WILLIAMSON. Register.
Attorney for Contestsst.
WAUSeptll
MiLL WHEELS
ARE TURNING
In accordance with " an announce
ment made by The Observer last week
the La .Grande flouring mill com
menced operations today. A large
quantity of wheat has been received
during the past few days and this will
be converted Into flour by running
one shift for the present. In a few
days the wheels will be turning night
and day.
This mill Is one of the first In the
valley to be put to work on the new
wheat crop and will set loose a liberal
quantity of money.
rn iTr uitrT
MKiyfliai
Chicago, Aug. SI. Eugene V. Debs,
the socialist candidate for president,
left here today on the socialists' "red
special," on a tour of the west. The
train was shorn of Its colors In the
depot by order of the company. As
soon as the train was out of the
yards, it was stopped and redecorated
with red bunting. Debs stood on the
car platform and watched the pro
ceedings.
A Harrlsburg firm paid S380 freight
on one car of wire fencing shipped
from Indiana. Are freight rates too
lowt
The weariest mnn In this world Is
the one Who Is running from work.
NOTICE FOR PUBLICATION.
Department of the Interior, '
U. 8. Land Office, La Grande, Ore.,
August 24, 1908.
Notice Is hereby given that
. JOHN H. BLUMENSTEIN,
of La Grande, Oregon, who, on Oc
tober 23, 1901, marie homestead en
try No. 10744 Serial No. 01023, for
SWli SEtf. EH SW'4 and lot 7, sec
tion 8, township 2 south, range 38 E..
W. M., has filed notice of Intention
to make final five-year proof, to es
tablish claim to the land above de
scribed, before the register and re
ceiver of the U. S. land office at Ls
Grande, Oregon, on the 8th duy of Oc
tober, 190S.
Claimant names as witnesses: Frank
Belnhoff, Ambroke Wright, Ed Dial,
M. A. Kaelln, all of La Grande, Ore.
F. C. II RAM WELL, ltetrlslor.
RED SPECIAL
wvrr-i-T-w-T's-Twvw VTrvwTTrv SS--
WOOD AND COAL!
sV ''
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It
it
Now is the
about your
t We have the supply and the price J j
tt and quality Is right U
8
"''"' ....
Phone Main 6
4
?! GRANDE RONDE CASH CO
LEWIS BROS.
rss,fHs'eH''sS' v.r4t. te--4.vZ
-TWW-W StSSSS-S'SSt'
-"THE SCHOOL OF QUALITY-
Tenth tnd Morrison, Portland. Oregon A. P. Armstrong;, IX. B., Principal
CWe occupy two floors 65 by 100 feet, have s $ jo, 000 equipment,
employ large faculty, give individual instruction, receive more calls
for office help than we can meet Our school admittedly leads all
others In quality of instruction. It pays to attend such an institution.
CSald a Business Man I " Keep hammering away everlastingly on thorough
work. It will win oat In the end." Raid aa Ednraton "The quality of instruc
tion given tn your school makes It the standard of its kind la the Northwest"
Cppen all the year. Students admitted at any time. Catalogue free.
! References 1 Any bank, any newspaper, any business man la Portland.
NOTICE FOR PUBLICATION.
Department of ths Interior, f '
U. & Land Office, La Grande, Ors. "
"? July IS. 108,
Notice It hereby given that
KATHRTN CONNORS,
of Sioux Falls, South Dakota, who, on
July 8, 1S0S, made timber and ttone
tworn statement No. 0148, for NH
NEK, 8EK NEV4, Sec. Si; 8W14 or
NWH. Sec 12, Tp. 4 B., R. 18. E. W.
M., has filed notice of Intention to
make final timber and ttsne proof, to
establish claim to ths land above de
scribed, before the' register and re
ceiver at La Grande, Oregon, on the
25th day of September, 1908.
Claimant names as witnesses:
Amanda Miller, of Sioux Falls, S. D.i
Charles F. Clency, of Sioux Falls, S.
D.; Joha K. Wright, of La Grande,
Ore.; Walter Spencer, of La Grande,
Ors. F. C. BRAMWELL, .
M4-9-2B Register.
notice. ''
Notice Is hereby given, that pursu
ant to an act of the legislative assem
bly of ths stats of Oregon, approved
February 25, ' 1888, ths following
county warrants which were Issued
more than seven years prior to ths
first day of July, 1908. but have not
been paid, will be paid by ths county
I-,. e TTnlrm Mnitlv Ofmn. If
presented for payment within 80 days
from July 1, 1908, and If said war
rants or any of them, are not pre
sented for payment within 60 days
from July 1. 1908, they will be can
celled by the county court of said
county and payment of the same will
be thereafter refuted:
Clasa HH, No. 1929, City of Union.
$4.18.
Class IT, No. 1155. Ambrose Wright.
11.50.
Clasi II, No. 1480, A. Wright. $7.80.
Clast II, No. 1759, Steve Correy,
12.20.
Class JJ, No, 141, O. C. Horton. 87.
Class JJ, No. 947, J. E. Moore, 81.20
Clnss JJ, No. 1714, Union Electric
Light Co., $25.
Witness my hand and seal of said
county court this 27th. day of June,
A. D. 4908.
(SEAL) J. B. GILHAM,
. County Clerk
NOTICE FOR PUBLICATION.
Department of ths Interior,
17. 8. Land Office at La Grande, Ore.
June 30, 1908.
Notice It hereby given that
HARRT J. HOCKENBERRT,
of La Grande. Union county, Oregon,
who, on June 25th, 1908, made tim
ber and ttone sworn statement No.
8072. for SE!4, Sec. 1, Tp. 5 8., R.
38 E. W. M., has filed notice of Inten
tion to make final timber and stone
proof, to establish claim to the land
above described, before the register
and receiver at La Grande, Oregon,
on the 21st day of September, 1908.
Claimant names as witnesses: Johr
T. V'''lnmnn, Adnn V. Rogers. Oscar
R. Coolldge, Vincent R. Reeves, all
of La Grande, Oregon.
F. C. BRAMWELL. Register.
7-10-9-13
time to think
winter v supply
it
quality is right
??jssssssBSBBBBBBBssBBBBBmaBaaaaaaaaaai
Tor Particulars
It
Proprietors.
Fruit Season
Phone Us Your Orders for
ECONOMYJARS
2 pints ......91.10 dozen s
Quarts . . . . i . .
Half gallons . . .
Extra clamps . .
Extra caps . . .
EXTRAS FOR tASY VACUUM JARS
Caps ..18c dozen .
Rubber rings . .SOc dozen J ,
Clamps ...Hie dozen
1 Extra large Jelly Glasses . . !.4So dozen .
These are an attractive size and shape, and are easily
worth 60 cents per dozen
F- D- HAISTEN
I4II-I4I5 Adams Ave.
FRUIT GROWERS ATTENTION
t
The Ramsey-Oldenbirg Company are
agents for the Grande Ronde Lumber
Company and are now prepared to
take orders for large and small lots
of apple boxes. Call at the office in
La Grande National Bank Bldg and
see samples of new stamp on box.
Stock Will be Delivered at the
Comqany's Warehouse.
PH0f:
Pacific Stales Main 86 Vergere 1402.
WE IRE
1 OUR NEW
LUMBER,
will be sold at reduced prices House bills special
prices. We have Fir finish and V G Fir Flooring
j We have the best grade of Cedar shingles. These
are two grades of the same brand, : : : ; :
STODDARD
ARTIFICIAL ICE
THE ONLY PURE KIND
Ths only kind ot les that ws hsn ale In retail trad. Is artificial Ice,
mads from pore artesian wat.r-tha only purs les In ths city. A q.lWery
wat-on will bring thu PURE ICE to your door on notification by telephone
or otherwise. To regular p.tront our prices are ons-half csnt per pound.
NATURAL ICB handled In whol.tal. lota. Look out for ths Orandy lot
wtfon. 'Plione Black 6"1.
GRAM
is Now On i
.$1.35 dozen
.$1.75 dozen
. .. 10c dozen
, 20c dozen
s
Phone Red 1161
GETTING l
STOCK Of i
V
LUMBER CO. si
THE KE
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s (
jl