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