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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Aug. 26, 1916)
SATUEDAYAUGUST2M916. AGE FOBS LA GRANDE EVENING OBSERVER iiiiTrn i mil unmn lhki (EXPOUNDED i PRETTY FACE WORTH MONEY -n-i f vnlntivt rie-hts of . ji : n,.im,un in the Grande U0 VBI IUUB ......... ... , , f Konde river which is under study, ri be resumed this winter by the BUte Water Board, and makes an tv, statu Water '.' tjo-H rnHn. nnheld bv the United ' o. Cimi-omo rnnH recently, desir ' tu .Inioinn nf that court in case contains what is said to be We most complete and succinct. epiu.. i rf the statute on record. The opinion . -t .ori hu Justice Van ! Devanter, who was appointed from Wyoming, is, in part, as follows, and : should be read by every user in this c0?i. - viii i- onnitv to enioin a ,' proceeding before the State Water , Board of Oregon, looking to the as ' certainment and adjudication of the relative irignts oi me vtt -u : ants to the waters of Silvics river, in that state, the grounds upon which such relief is sought being 00. that it is essential to protect a jurwd c tion previously acquired by the dis ; trict court, and (b) that the local 5 statute, 3 Lord's Oregon Laws, title XUII., chap. 0, Laws 1913, chaps 82, 86 and 97, authorizing and controll ing the proceeding, is repugnant to ; WSSSS laAtpojutoS court juv.B-" -. 5), and motions to dismiss the bill, as disclosing no right to relief, were afterwards sustained. The plaintiff, a California corpora tion, owns large tracts of land along the river, and claims a vested right . londs a nortion of TO UOC UUUIl mtnv ' . the waters of the stream for irriga- . tion and other Deneiiciai The defendants are the members of the State Water Board, and a few out of many persons and corporations Maiming similar rights in the waters of the river. The statute under which the proceeding assailed is being con 1 aa enacted in 1909 and amended in 1913, and most of the rights affected by the proceeding are claimed to have arisen prior to the statute,-the plaintiff's as much as thirty years before. All claimants to the waters of the river, including the plaintiff ,were brought into the pro ceeding by due notice and in conform ity with the statute. A general outline of the statute, as it has been constructed by the su preme court of the state, will serve to simplify the questions to be con--1 i I. .Atntrni7PR that in Ure- Biuereu. ii, o.t, , .ikta f nan the waters 01 streams for irrigation and other bene ficial purposes may be acquired by appropriation, adopts a comprehen sive scheme for securing an economi cal, orderly, and equitable distribu ilia MTotapa nmnntt those en- titled to their use, incidentally pre scribes a mode of determining the .:,.nfD nf tho vurious claim- re.ut.vvs IIRHW . - ants to the waters of each stream, and in large measure commits the al- :.:i..ifn vf trio nrheme to the 7I..I..BI.I ' - . State Water Board and officers act ing under supervision or its mem i. U7hn nno nr more users of r.. ar., ) roam renuest it. the board, if finding that the conditions justify it, is requnreti vo sot. ... tion a proceeding looking to an as certainment and adjudication of all rights to the waters of that stream. Every material step in the proceeding is to be attended with notice and an opportunity to be heard, the adequacy of which is manifest. In the begin ning each claimant is required to pre sent to the division superintendent a sworn statement of his claim, show- required, at his own expense, notwith standing the conclusiveness of the board's findings and order, to assert and prove his claim before the board, and to pay for having it considered, a fee of 16 cents per acre for the first 100 acres, 6 cents per acre for the next 900 acres, and 1 cent per acre for ne 1 " . ...L. 1 nnn nires. all un- any excess - .. . ..ii.. - t.t nir his rlaim If r K-where aUBthe evidence laid before the board goes before the court on final hearing, mere t j-j : nrnnoi- wpicht and value. accorueu ii.o . m, .i; Imfnra t MP State Water Board authorized and controlled by 3 L. O. Li,, tit cnap. u. .J.n -i o br ntwl 97. for the purpose of determining the relative rights of all the claimants to the wat er of a stream for irrigation and other beneficial purposes, are not wanting i j ..A.s.d nf law because the I sworn statements of claimants are taken ex parte in the first instance, r' renort is ac- i aim unc dww - : i i- cepted, tnougn not swum w y ants 'statements are open to public inspection, opportunity is given for contesting them, and upon the hear ing of the contest, witnesses may be examined, including inose maimis dence may be produced, and where the measurements ana - exniniiu.iu' r ai i nil in flour msnm am rn WIDE RRHGE OF PRICES i - ,Flour sold in Baker in November,, lS for $12 a barrel and in some of 111 emining localities it coudl hardly be procurred at any p M n"e 'a 'rtner with the late W. J ttasswent to Weston where the SKr-'flSS' operated a flouring mill .nd whe . had or , h.nd 4(100 barrels wmtu , sell to Mr. Miner for $4. 0 per bar- rel. The only tmng deal was that Mr. Miner was not sure he could Eet toams to haul the iour over tne mouiiu. rande Thomas & Ruckles , road to Grange L could havrreaiiz'-e'd within two L a profit of one hundred per Sent or about $9000 on the deal. Mr Miner was a very unique char ir. lumci nme UD to acter in many wu,. cautions bath every "I give those , f .... - wUa What h. 'i ha moinnig, " - ; pninir. bathes them ec, them again i "How OSked. ... , , m.nM.aofl. d8o HVaUh took the case under "visement. "do" you bathe thorn?" was TflWRT Corsets i c) P Frorvt Laced shown in the engineer's Teport are ... " , Grande from made and reported in the discharge of the 0'd W n oi tnership wlth his official duties and under sane- Poitland to go in p bu tion of his oath of ottice, ana ximeiy L1UI1 VI Ilia Vv.. w . ' notice of the date when they are to be gin is given to an claimants. 6. The requirement of 3 L. O. L., tit. 43, chap. 6, Laws 1913, chaps. 82, 86, 97, that, pending final adjudication by the court, tne waters oi a stream dhi W. J. bnograsb ... "--..Knt of noss While ne iwua Feortiand he was a member of the old baseball team manK , tel, whose demise occurred ago. Mr. Miner was a d ftinctive Member of the early baseball aggre- er.tion from tne iati. w e. . jmii.j - Tindltmn .01 No foreign prince ever called Mae Burns the prettiest girl in America, but a few years ago she discovered she wasn't altogether bad looking and decided her face would be her for tune. She posed in a fashion show rr5 - Ue distributed to the various claim- g,1 ,fcd the position .of LU'lTt'S antg accordin(r to the administrative g"" that would not be and hats and frocks she -re be- o rnmnnc Nnw she is called the "best fashion model in the country. She is also the best paid model and some business men might envy her her income. ing its nature, inception, and extent, and all the particulars upon which it is baaed. These statements are to be exposed to public inspection, so that every claimant may determine wheth er there is occasion for him to oppose Ik. Jniiiii nf nthers. The (II cuiivcai. wig vi.... ". j . . state engineer, or a quanueu ant, is to measure the now oi tne stream, the carrying capacity m - several ditches taking water there from, and the land irrigated or sus ceptible of irrigation from each ditch, and also to taKe sucn uu.er tions as may be essential 10 a prupo. understanding of the claims involved, a report of all of which is to be made i . :.:.. A mi olnitrmnt desiring to contest the claim of another may pre sent to the division superinxenue.it sworn statement showing the grounds of contest, and obtain a hearing be fore that officer, at which the parties may present whatever evidence they have, and may secure the attendance of witnesses by compulsory After the evidence in the contests is taken, it and the sworn statements of the several claimants,' with the re- to be fully heard. Further evidence may be taken by the court, or tne matter may be remanded with direc tions that additional evidence be tak en, and that the matter be again con sidered by the board, in which event the evidence ana a copy oi tne turmw wir. svf ha hnnrH Are to be trans mitted to the court as in the first in stance. In short, upon exceptions tne . i ..A Avomino flna whole mat- cuurt may v.. - " z ter. should be adjudicated in the I ed- eral court, ana xnat tne .uu. iiuiik ...Mnnn4- tlia 14th Ampnd- waa rcpugiiaui. vw --------- ment. More than two hundred other claimants also appeared ana suDmii' 4 1 .,AinH.i.nla nf tViait. rlflimii. nil be leu MttttUIIIClll-o VJi v..v,. . : innn;i.A.i liicrlipr nr the stream .ill; ucoviiucii ..&. . i' , than that of the plaintiff. When the statements were openeu tu puiii. nM;An mamr Kimtpsta waw initiated. apcvtiuu inu1(J ---- Couuml nf these were against the . i . .: .. : ri-'.. Ain;m. a 1 d i-ir.. niimhpr were p. u. lit. 11 o i.ioi'i -.- by the plaintiff against other claims, l -i nfAi.a in ii'Vlir'Vl it. is anu tntiie wcic ... -- said, the plaintiff was not directly concerned. It was at this stage of i .;nv ond hpfnrp anv evi- dence was taken in any of the con- a suitable bond is given. to stay the attompteo in fim operation of such order, ,s not want- eJS?P terminated after ing in due process of law where the : fnodgraw i m Miner wfint of the several claimants, w.ui u.c '-'ue.icc v.c.. ... ----port of the engineer's measurements tests, that this suit was brought, p . . ..." Ko In H Iir. ' Ttnnn the nssiimntion (1) that i i ai.n tn hp laid be fore the board the statements and the report both being .regarded as evi dence appropriate to be considered. The board is then to examine all the evidence, make findings of fact there from, enter an order embodying the ,.' i ....ioinnallv ilptermin- IlllUingH unu 1 . ioiuiii. ' , , ing the relative rights of the several claimants, and transmit the evidence and a copy of the order to the circuit court of the county wherein the stream or some part oi it nes. ccptions to the board's findings and order may be presented to the court, and in disposing of them the court is to follow as near as may be the prac tice prevailing in suits in equity. All parties in interest, including the board, as representing the state, are IS YOUR CAR INSURED, OR AUTO Should Your Catch Fire And be totally or partially destroyed would you have to stand the loss personally? WE CAN INSURE ANY CAR MADE Let Us Insure From Fire, Your Home, Furniture, Piano, Garage, Merchandise, Business Property, Barn, Implements, Oram, Hay, Etc., Etc. We Also Write Life, Accident and Health, Bonds, Plate Glass, Hail and all kinds of INSURANCE If It's INSURABLE Currey Can Insure It" George Huntington Currey Manager Insurance Department Geo. H. Currey Opposite Y. M. C. A. Phone Black 2001 HE WHO MOTES REAL ESTATE 108 Elm Street La Grande, Oregon TT..' U ncciimntinn Ml that the removal proceedings were effective, .. . .. . : l.-frt 4-Ya () tnat tne proceeuuig ueimc board is substantially identical with the pending suits and (3) that that proceeding is essentially judicial in its nature, the plaintiff insists that the continued prosecution of the pro ceeding before the board constitutes an inadmissible-mterference- with the district court's jurisdiction, and that this jurisdiction should be maintaned ana proiecieu oy an ppupi" in junction. The insistence must be over ruled, because the assumption upon which it rests cannot be indulged. Nothing was accomplished by the removal proceedings. The district court did not take jurisdiction under iun l...f am tlio i.nnlrarv. hv it re- Llll-lll, "JUL. Ull V.. J I -- .v.nnH;nii nnlni ndiinlfrpd that thev .iiam limit! thnrizpil. That order is not subject to review, either directly or in directly, but is iinai ana conclusive 1. An order ot a r eaerai aisinct court, remanding a cause to a state court, is not subject to review by the Federal Supreme Court, either direct ly or indirectly. 2. The proceeding before the State W (,. Kni.vrl niithnrizpd 1)V 3 L O. L., tit. 43, chap. 6, Laws 1913, chaps. 82, 80, and 97, looking to the com plete ascertainment and adjudication of the relative rights of all the claim ants to the waters of a stream for irrigation and other beneficial pur poses, is so essentially different from pending private suits between a few only of sucn claimants, previuuaiy ire gun in a Federal court, to restrain al leged encroachments upon plaintiff's rights in the water oi tne stream, as to preclude the application of the rule that where the same matter is brought before courts of competent jurisdic tion, tho one first obtaining jurisdic tion will retain it until the controver sy is determined, to the entire ex clusion of the other, and will main tain and protect its jurisdiction by an appropriate injunction. T nw noints decided bv the court in this case follow: 3. The Federal Supreme (Jourt win accept the view of the highest state An.. na 1 OtOC C D 1V rflQIllt. nf the I 1 II 1 1 1 lilt, l.V I....'!.. J ' - ' - highest court's construction of a state statute, that the proceeenng aumo n.i.l rnntrnllnil llV 3 L. O. L.. tit 43, chap. 0, Laws 1913, chaps. 82, 86, and 97, for the determination of aa ,altivA riirhta nf nil the claim ants to the water of the stream for irrigation or other beneficial purposes, is, while pending before the State Water Board, merely preliminary and administrative, not judicial. .1 A .laimfint trt ria-htu in thp wat ers of a stream is not deprived of property without due process oi law, rt TT S Pnnst.. 14th Amend.. ! I V.A..tDA in Virt nrnliminnrv ndminift- ' lltUIUKli 111 I K' V ......... . Itrative proceeding before the State Water Hoard, initiated unacr a l,. u. 1 1 L.. tit. 43. chap. '6, Laws 1913, chaps. 82. Rfi. nnd 97. to determine the rela tive riffhtfl of all the claimants to 111 III UV l"vuU V , - j- : Maria nniv flftpr fideauate no tice and full opportunity to be heard. NEIGHBORLY ADVICE. Freely Given by a La Grande Citizen. mrun nnt Vins suffered tortures from a bad back and found relief from the aches and pains, that person's ad- VIC IS OI UIIVUIU VOIUO W lUtiiua ;Kr.o Tho fnllnwinw neierhiborlv advice comes from a La Grande resi- aent. . ... . M-o V Rnrorpss. 1405 Ninth it.. La Grande, says: "I was subject to lumbago. At times l couia naraiy get about and the pain in my back was so severe when I got down, I could hard ly straighten up. Sharp pains, like a knife sticking me in my back, took away my breath for a minute. Doan s Kidney Pills were recommended so highly that I got a box and found them beneficial. Four boxes perma nnntiu Aurot Tvip nf lumbago and since then, I have never had any signs of backache, l couia not aavise anyone tv take a better medicine for lumbago than Doan's Kidney Pills." Price OUc at all dealers, uon t sun i not fnr a. kidnev remedy get j,., .. -- --- - -- - c nnnn'R Kirinev ins ine same tnat Mrs. Burgess had. Foster-Milburn Co., Props, Buffalo, N. Y. Adv. Snoagrass . . .T. . f a very few years and Mr. Miner went " a. wnc ARRO- east ana suun u"--- f ciated with the .advertising finn of N W. Ayer & Jo., oi rnnau;.F.... To Mr. jviiner is w.'"" . ,,T"0. j . .i ii aa tmAa.mnrK 'Uneeda oi tne ceieum:u biscuit for which he received a large sum of money. Twenty-Four Years Ago 1 iu. nl1 TTlloul rrrom tne " ' . Miss Kosa Sommer, the second daughter of Mr. and Mrs. A. Sommer, and Leopold Rosenthal were married 111 rOrXIallU ittai vjuv.j. Ta trrk of the Union railway . . xl- tho onrnorate 1 1 Hi iro m uie ucpui w v..- . its has been finished. The balance of the material is expected to : -v.--!. timo wlipn the road will III a siiuib v....- - , . soon be in readiness for operation. J. S. Clark has completed arra k i i miAhiicp nnd handling ments iur wo - of grain both at La Grande and Ali- cel. ...... -j ml On 1 nAiifal OTICriTlP. S111U boiler for the Alliance mill arrived this week. The balance of the ma chinery is expected in ia uranue uy the 15th of September. BATHES PIGS TWICE DAILY CHICHESTER S PILLS W THE DIAMOND BHAND. yrV Cbl-hiw-Ur'a Diamond Bran dA 1'HU in Red and tiold meuilicV boies, sealed with Blue Ribbon. V Take bo iher. Buy of Jfoor J. . DracclHt. AskforClll.CIIE&TER'S i T C(UI A1h.su Rrlllt.lA SOLD BY DRUGGISTS EVERYWHERE PI MOD ART This Name Should Mean a Great Deal To You THE MODART Corset has at tained a degTee of popularity that tells very plainly the story of appreciative MODART -wearers. Its style its graceful lines the poise it gives its wearers the comfort the exquisite ma terialsall spell satisfaction to the purchaser. All MODARTS are created by Jennings generally accounted the foremost figure hi the world of corset designing. If you have never experienced the pride of exceptional poise, and comfort of easy freedom found in every model of tills master designer, you must try on a MODART Corset fa our fitting room. Yet Neighbors Say Animals Are Not Kept Clean New York, Aug. 15. Spotless town has been found. It is North Bergen, N. ' Neighbors of Louis Tracass. of No. 675 Hillside Placo complained to the RnnrH of Health that he did not keep his five little pigs in "cle:in and sani- , - f tary condition." t t ' PflUlltlCLCClCnC TraPflBsn r.TK?areJ before the board ! ,',r " - I to defend himself. With an aggrieved i SotnmerJiOtel tSlag. . t -' tone, he told of his sanitary pre- Maxwelh ears have greater, adaal, delivered horsepowsr. per poand of weight, than any car built. F.ors. oarraoo: POWER must bo reckoned in inference to the weight involved. This is the big underlying truth that is often overlooked in careless statements about horsepower. We repeat that Maxwell cars have greater horsepower, per pound of weight, than any car built This has been proved within the last six months by four competitive tests made in the two leading scientific schools of the United Stataa, The point for you to remember is tttis: Maxwell cars will take you anywhere that any 1 aa t . Av?1 Y-M 4U.0& MAI M1 . WUi taso yUU nu,l lucjt u ioub jrw u um aa yvu u . . i TO TXclVcl. We are ready to prowtty and all of our statements. car dare iMir Toorh4 Car, $599 l-nnHnw Komamtmr - sou -p tfT CbrjJ $M3 R. W. Leighton, Agent Phone Main 737 V I tu. .nic rf (Via stream fnr irriirntion 2 1 lilt; vvotii v iiiv -r I . J 1 LnHf;A;nl niiMtAGoa ha 1 a ana uwivr whvimbi r""! ,,v " V
