Morning Oregonian., April 29, 1908, Page 6, Image 6

6
TTTE MORXI5G OREGOM X. WEDNESDAY, APRIL 29, 190S.
RIPARIAN
RIGHTS
GET SEVERE JOLT
Supreme Court Renders Deci
sion Materially Affecting
the Proprietors.
RIGHT TO USE WATER
Ioabt a to Whether Owner of the
land Through "Which the Stream
Flows Can tTs the Waters to
the Detriment of Others.
8AL.EM, Or.. April 28 (Special.) The
Supreme Court today gave the doctrine
of riparian rights a severe Jolt and in an
opinion in an irrigation suit ued language
which pave the way for a later decision
very materially limiting the rights of ri
parian proprietors in this state.
The case decided today did not involve
a. direct decision upon the extent of the
rights of a. riparian proprietor, so that
the lw upon that question is not de
clared, but tlie court took occasion to
state two questions upon which the law
is In doubt, and Intimated that the law
may be different from what it has been
generally assumed to be. The remarks of
the court will serve to start men who are
interested in the use of water thinking
about the questions involved, and sooner
or later thee questions wilPoe before the
court tyr solution.
Otte of AVlllianirt Against Alt now.
The opinion In which the extent of ri
parian rights has been brought in ques
tion was written by Chief Justice Bean in
the ca.se of S. S. Williams and others
neat nut William Altnow and others, from
Harney County. The case was tried and
decided by Judge Cieorge E. Davis, and
on appeal was modified in the opinion by
Justice Bean. The case involved the
rights of ull the ranchers using water
from Otis Creek and its tributaries, all
of which run into the Malheur Hiver.
The opinion is a lengthy one. setting
forth the separate and distinct rights of
each of the claimants to the use of water
on certain described lands.
In passing upon the rights of the de
fendant, Altnow, th court uses the fol
lowing language, which serves to Jar
loose the supposed well-fixed right of a
rtparian proprietor to the use of water for
irrigation as against an appropriation, or
to have the water flow in its channel un
diminished in quantity and unimpaired in
quality:
Opinion of Supreme Court.
It is contended that the defendant, Alt
now, Is entitled to the um or w.tr from
Warm iHrlnir Creek, by right of prior ap
propriation, to th extent of his original
appropriation, and to the surplus water la
ueh s ream , If any, as ripa rla.n proprietor,
because tlte lilinjr of his predecessor in Inter
est whs the first one made on the stream.
There are severnl reasons why this position
4innot be sustained. In the first place. In
t he ' opinion of the writer, It Is doubtful
whether the owner of land, through which
a non -navigable stream flows, ean claim the
rig lit, as riparian proprietor, to ue the
water I hereof for Irrigation. as against
suhequent impropriators on the stream be
low htm.
And again, it Is a serious question whether
the Desert Land Act does not abolish the so
culled niodlfted doctrine of riparian rights,
which gives to riparian proprietors the right
to itt use of water for Irrigation, as to alt
lands, through which mm-navigable streams
flow, the title to which "has been acquired
from the Government of the 1'nlted States
fines the passage of that act (177. It de
clares that all surplus waters, over and
above that appropriated by the dsert lsnd
claimant, together with th-s waters of. all
lakes, rivers and other source of water
supply, upon the publlo lands, and not
navigable, shall remain and be held free for
the appropriation and use of the public for
irrigation, mining and manufacturing, sub
ject to existing rights.
The Oovernmen-t of the Ignited States, as
primary owner of the sol!.' undoubtedly had
(he right to make such provision concern
ing the waters of non-navigable streams
thereon, as It deemed iroier. and it is at
Yeast a debatablo question whether, by the
language quoted, Congress did not Intend
to recognise and asxeut to the appropriation
of such waters in contravention to the com
mon law dot-trine of riparian rights as to
rersnns subsequently acquiring title from
the 1'nlted States.
l 8. Supremo Ouurt Hasn't leiriod.
The court says, however, that the de
termination of Altnow's right does not
require a decision upon either of the
questions suggested, for a riparian pro
prietor cannot assert rights as both an
appropriates and a riparian proprietor.
The questions mooted In this case have
never been passed upon by the United
States Supreme Court. They were before
the Washington Supreme Court some time
ago but were not decided because the
case was determined by other questions.
The language used by the Oregon Su
preme Court is probably the strongest
that has been used hy any Supremo Court
In the United States, as raising a doubt
ss to the existence of riparian rights as
they have been understood.
A decision definitely announcing the
t. onelusions strongly Indicated by Justice
Bean would have a disastrous effect on
the claims of those riparian owners of
water power sites In Kastcm Oregon who
have been leaving their water powers un
developed believing that their right under
the rommon law doctrine of riparian
rights could not be taken away by ap
propriations for irrigation purposes.
I STLK KOCR WILIj EXPAND
Votes I nanimously to Annex District
Eat of the City.
('APTLK ROCK. Wash.. April 28.
(Special.) A special election was held
here last Saturday to determine the
question as to whether or not a large
urea on the east side of town should be
innexed to the city. While rather a
light vote was cast, considerable inter
est was taken In the election. The vote
in the city proper was unanimous for
annexation, while that In the territory
annexed was almost so, only two dis
senting votes being cast. This is the
most desirable residence portion of the
town, being; high and eiglitly, and as
soon as the water mains and electric
light wires are extended, it is expected
it will rapidly be built up with homes.
The lack of water and lights has kept
people from building there to any great
extent heretofore, but now that these
obstacles will be removed, a rapid
change Is expected.
APPEAL TO SUPREME COUIIT
Albany I.fquor Cases'to He Carried
rp for Settlement.
ALBANY. Or., Apil 28. Special.)
Defeated in the local Justice Court, and
In both departments of the State Circuit
Court. 1-ce Morgan. 11. F. Hulburt and
Charles A. Curren. charged with violat
ing the local option liquor law, are
carrying their contentions to the Supreme
Court of the state. Transcripts on ap
peal are being prepared here and will
probably be filed with the clerk of the
Supreme Court.
The men pleaded cuilty, and later
sought to- reverse their plea, and a con
tention over the procedure at the time
is causing the legal battle which has oc
cupied The attention of three courts and
is now being taken before the highest
judicial tribunal in Oregon.
GINGER IX LA GRANDE CLUB
Commercial Organization Elects Of
ficers and Make Plans.
LA GRANDE. Or., April 28. .Spe
cial.) John Collier, president; George
Palmer, vice-president; Fred G. Tay
lor, secretary; George L. Cleaner,
treasurer. This is the personnel of
the new Commercial Club officers.
These men are among the city's most
prominent business men. and will give
new life and ginger to the reorganized
club. A conference with General Pas
senger Agent William McMurray of
the O. R. A S. on next Wednesday will
be the first step toward a publicity
campaign. Mr. McMurray has a scheme
to advertise Oregon and La Grande
which he will unfold at that meeting.
FINDS BROTHER AFTER DEATH
Through Announcement in Papers
Family Is United, Too Late.
ABERDEEN-, Wash., April 28. (Special.)
Through the death "of AH Lssjla, the
young logger, and the announcement in
the newspapers, his sister Hulda was
found here today. They had been sep
arated several years and six weeks ago
the sister came here to work, not know
ing her brother was here and ill. Her
grief because she could not minister to
his wants is most poignant. The brother
ceased to communicate with his relatives
and his address was unknown.
KENTUCKY "BHD MAN" ACTS
HATFIELD OF FEUD FAME IX
TROUBLE OX TRAIX.
Pat a Toes Through Seat and Tickles
Passenger When Latter Objects
Is Beaten With '"Gun.
MONTJiSANO, Wash., April 2S- Spe
cial.) Isidore Tsenberg was attacked on
the train near Oakvllle Friday and
would have been beaten to death if
others had not interfered.
J. W. Hatfield, seated just behind him,
put his toes up between the cushions and
kept annoying and tickling Isenberg,
and when the latter resented his action,
Hatfield pulled a revolver from his
pocket. Isenberg caught his assailant's
arm, but Hatfield wrenched free and be
gan beating a tattoo on Jsenberg's head.
The blood streamed down over his head
and coat as they fought. Another man
managed to separate the two. The con
ductor telegraphed ahead to Elma and a
deputy sheriff arrested Hatfield. He was
today bound over under $1000 bonds.
Hatfield is a member of the Kentucky
family made famous by its feud with the
McCoys. Several of the Hatfields emi
grated from Kentucky to the West and
settled In this neighborhood.
DEAD OF THE NORTHWEST
Mrs. C. AV. Hall.
OOLVrLLE "Wash".. April 28. (Special.)
Mrs. Hal), wife of C. W. Hall, a sta
tionery merchant of Colvllle, died here
Saturday afternoon after a brief illness,
the result of a daugerous surgical opera
tion. Mrs. Hall was a native of Llnn
County and with her husband came to
Colville about It years ago. Rev. G. H.
Wilbur, of the Congregational Church,
ot which Mrs. Hall was a member, con
ducted funeral services.
Wants to Change HIh Verdict.
SEATTLE. "Wash., April 28. (Special.)
That he firmly believes Mrs. Mary Tln
ette. whom a Jury on Saturday convicted
of conspiracy to defraud the Seattle Klee
trlc Company, to be entirely innocent, was
the statement made by Henry Miners,
a member of the jury whichv tried the
woman. Miners declared that ever since
the trial his conscience has been troubling
him, and he finally concluded to ask the
newspapers to publish his statement. He
said that the jury stood eight for conv!c-(
tlon and four for acquittal. The four'
finally were persuaded to agree, taking
Into consideration. Miners says, that in
the event of a disagreement the woman
would have to remain In jail until she
could be tried again.
Echo of Rotten Egg Shower.
TACOMA. Wash., Apr!! 28. (Special.)
Deputy Sheriff Gregory returned from
Wllkeson today with six men and boys
charged with taking part In the rotten
egg and stone hower last Friday. Two
of the six. with W. V. Dunning, presi
dent of the Miners Union, are said
be the ringleaders of the affair.
Charges of assault and battery have
been preferred against all of them.
Those who were brought In this morn
ing are: Stanley Telinda, a-j saloon
keeper: Ed Mainwaring, .Iannis Webb,
Peter Murphy, Erncwt Woolardand Roy
Hunter. Young Hunter is the only one
who has pleaded guilty, and he will be
given a light sentence.
Now School for Cornelius.
CORNELIUS. Or., Apiil 28. (Special.)
School District No. 2. or Cornelius,
has voted $9000 bonds for the purpose
of acquiring Krounds and erecting a
new brick school building. The grounds
will be 340 feet square, and the build
ing i to be constructed according to
plans drawn by Ernest Kroner, of
Portland, 100.000 brick being used in
Its construction. It will be two stories
high, and In the basement will be a
modern heating plant, with an auto
matic ventilating arrangement. The
location is to be Just north of that
where the present Inadequate building'
stands.
X e w B u lid i n gs f or Weston .
FKXDLETON, Or., April 28. (Special.)
Plans for the erection of two new build
ings for the Weston Normal School are
now being perfected by President R. C.
French. The two are to cost approxi
mately i 70,0m) and will be iued to house
departments already In existence as well
as those which are being created by the
Wilson agricultural bill now before Con
gress. One of the buildings is for the
use of the training department and for
the agriculture laboratories, while the
other one is for the "domestic science and
manual training departments.
Defend the Appropriation.
ALBANY. Or.. April 2S. (Special.) Two
of the lading defendeYs of the University
of Oregon appropriation will meet with
tlie originators of the referendum on the
appropriation next Saturday at the meet
ing of Linn County council of the Grange
at Oak Plain Grange near Shedds. Allen
Katon, of Eugene, one of Lane County's
Representatives, and Professor Alderman,
of Evgene, will at that time address the
Grange In defense of the appropriation.
DID Y0USAY HAT? .
If liatj are what you want call at 1
Palat Royal. There you will find them,.
both large and small, at prices to suit
you all. 375 Washington street.
FROST CAUSES
SMALL DAWIftGE
Willamette Valley Fruit Crop
Not Hurt to Any Great
Extent.
THINNING GREATLY NEEDED
0
In Some Localities Freeze Is Benefi
cial Low Lands Suffer Most.
Berries and Small Fruits Bear
Brunt of Harm Done.
Although there was a perceptible frost
last Friday and Saturday nights, in some
places amounting to a severe freeze, 'so
far as can be learned no great damage
has been done to the fruit crop in the
Willamette Valley. The orchards and
berry patches that suffered most were in
the low lands' and in the river bottoms.
Small fruits appear to have suffered more,
and' In some localities the asparagus and
potato crops have been more or less
damaged.
The frost seems to have been the most
severe in the extreme southern part of
THOMAS H. LUCAS.
Pioneer of Polk Couaty, Who
Bled April 26.
the state, and in the low lands near
Grants Pass it is estimated that apples.
pears and peaches have been hurt about
25 per cent. Those crops that are on
higher ground appear not to have suf
fered at all. Taken in general, how
ever, the frtiit crop of the Valley is un
harmed, and the frost amounts In some
places merely to a needed thinning out.
1'EAR CHOP IS ONLY THINNED
Near Mot! ford Berries Suffer Most.
Cherries Hurt Some.
MEDFORD, Or., April 28. (Special.)
Fruitgrowers have been carefully ex
amining the orchards in the vicinity of
Medford. and while there was a thin
sheet of Ice Friday night, followed by
another frost Saturday night, which haa
injured the berry crop materially and
the cherry crop to some extent, it is the
consensus of opinion among; the fruit
men that the pear crop in many- or
chards is only thinned to an extent
which will do away with much hand
thinning. The apple crop as yet re
mains untouched from the frost. In
some of the orchards pears were not
damaged at all. Mr. Hopklno, of the
Snowy Butte orchard, states that the
pear crop is slightly damaged. Mr.
Perkins, of the Hill Crest orchard, re
ports only a slight thinning of the fruit,
and Mr. Perry, of the Fruitgrowers'
Union, believes no damage has been
done other than, perhaps, a slight losa
on the young and tender apple and pear
trees, which are just coming into bearing-
GRANTS PASS FllEEZKS HARD
Grrat Damage Done In the Bottom
Lands to Small 1-Yultn.
GRANTS PASS, Or.. April 2S. (Spe
cial.) Two heavy frosts visited this
community Saturday and -Monday
nlifhts, doing considerable damage.
The mercury dropped to freezing and
water congealed in pipes.
To what extent the fruit has suf
fered cannot be ascertained at this
time, but reports confirm that apples,
pears and peaches have all been dam
aged 25 per cent. Strawberries, lo
gans, potatoes and all early vegetables
have been frosted to the ground and
blackened by the freeze, particularly
on bottom-lands, but in foothills It Is
believed the fruit crop has not been
materially shortened. Coming as it
did. upon a mild and exceedingly open
Winter and Spring, all fruit and vege
tables were advanced beyond their
usual growth ,ftnd were not in a stage
to offset the results.
ASHLAND REPORTS NO DAMAGE
Trees Are So Heavily Laden Thaf
Thinning; Is Necessary.
ASHLAND, Or.. April 2S. (Special.)
Prospects thus far are for the biggest
fruit crop in years In the Ashland di:
trict. Peach trees are so heavily loaded
that they will have to be thinned by hand
unless a freeze, improbable at this late
date, should Intervene. Berry crops also
promise to be prolific though strawberry
blooms were damaged In some of the low
land farms in this vicinity by the frost
last Saturday morning. Advices from
other points in Rogue River Valley lndl
cate that there was less damage by the
frost in this vicinity than elsewhere and
more or less damage to tree fruits is re-
ported In some of the lowland sections.
Foothill orchards suffered practically no
injury.
ASPARAGUS IirRT AT EVGENE
All That Had Started Is Nipped.
Strawberries Suffer.
KUGEN'a Or.. April 2S. (Special. )-Re--j
ports from farmers and frultraisers about
Eugene do not indicate serious dvmages
from the frosts. The strawberries suffered
some in certain localities and asparagus
seemed to get H worse than any crop.
The frost Friday night took all the aspar
agus that had ventured above ground.
Borne damage is reported to prunes, but
.& ft .iH i
i
There's no chance for
an argument on the
question of what is style
for men the facts and
proofs are here inyour
new showing.
Smart patterns in
fancy fabrics that add
distinction to any man's
appearance $10 to $30.
iLION1?
CLOTH Hi GCO
Cus KuhnProp'
" 166-168 Third St.
this damage is confined to a few local
ities where the loss is estimated at from
a quarter to a half. Peaches, cherries
and other fruits are said to be unharmed.
The frost was heavier in the river bot
toms than on higher land. Prospects are
good for a splendid all-round fruit orop,
and cherries look especially well.
Slight Damage Xear Salem.
SALEM, Or., April 28. (Special.)
Since the frosts of lat week, consider
able interest has been manifested in
the extent-trt the damage done, if any.
While reports are yet limited, because
it is too early to determine results
definitely, it is the prevailing: opinion
that no particular damage has been
done to the fruit crop in thi part of
the valley. A few orciiards in expoeed
places may have suffered, but this Is
not yet apparent. Some early potatoes
were put back, but not killed. Straw
berry vines suffered in some places.
The damage, so far as now known, was
not material.
Thinning Beneficial at McMinnvllIe
MMINNVILL.E, Or.. April 28. (Spe
cial.) Frosta Friday and Saturday
nights were rather severe for this sea
son, but the damage to fruit in this
section was slight. Cherries and ap
ples suffered to some degree, in certain
localiti-ee, but growers are of the opin
ion that he thinning of the fruit was
beneficial. Berries have not been In
jured. N'o Ifliinage at Xewberg.
NEWiBERG, Or., April 2S. (Special.)
Fruit trees of all kinds are loaded with
bloom with fruit already set on some
varieties. There is a tine prospect for a
splendid crop of fruit and berries. No
damage was done by the frost of last
Saturday night.
DKIVEX FROM THEIIl HOMES
Scores of Sbanties on Seattle Water-
front to Be Burned.
SEATTLE, Wash., April 28. (Special.)
Scores of shacks along the waterfront
will be destroyed by fire on June 8. A
special squad of inspectors began today
posting condemnation notices. Squalor
and poverty Rro the rule In all these
shanties. Most of the persons who in
habit them are old and infirm and many
of them are sick. Some of them have
been existing on as little as U or to a
month which Is given them by the County
commissioners. what is to become of
them Is a problem. The sanitary author
ities have decreed that move they must.
Only one out of all the huts visited today
that was in any manner clean was ttiat
of a saloon swamper, who has mado lhe
shanty his home for 26 years.
KILLED BY FALLING TlMBEIt
Archie McDonald Crushed hy Tree
and Dies From Loss of Blood.
RAINIER. Or.. April 28. (Special.) As
a result of getting his leg badly mashed
yesterday afternoon, Archie McDonald
is dead. McDonald, whose home is In
British Columbia, was working for the
knstem & Western Lumber Company
at 6tella. Wash., and the accident oc
curred while felling timber. He was
hurriedly brought to Rainier and placed
under a doctor's care, hut he did not
long survive as the loss of blond bad
been too great. McDonald has one
brother here, who will take the remains
to Portland tomorrow, where t'.iey will
be Interred in the Catholic Cemetery.
He was about 40 years of age. 4
IMMAX SURRENDERS HIMSELF
Tells Story of Fight in Which He
Shot Another Indian.
TACOMA, April 2S.-Iame Mowich. the
Indian who shot another Indian, tieorge
Nason, in a drunken tight at Woilochet
Saturday night, came in with other In
dians from Brookville on the Puyallup
Reservation yesterday, surrendered to
Sheriff Morris and was placed in Jail.
Mowich says Xason started beating
young Mowich and then set upon ' Mrs.
Mowich. When he refused to resist
Jimmy Mowich went out and got his
gun. When Nason began throwing rocks
at him and threatened to kill him, he
shot him.
Chokes to Death in Water.
ASTORIA. Or.. April 28. (Special.)
The American schooner Mlndoro arrived
in this evening, 107 days from New
castle, N. S. W. Captain Larsen, her
master, reports a fairly pleasant but
long voyage. On February 12, iV.
Schroeder. the second officer, fell over
board from the poop of the veesel. and
although he was picked up within 10
minutes, he waa dead when brought on
board. No one saw the man fail over
hoard, but he was quickly missed and
his body was discovered afloat with the
head under water, a short distance
astern. An examination showed that
a large chew of tobacco had lodged in
the man's throat, and he Is supposed to
have choked to death. " Schroeder was
about 60 years of age. and a member
of the Lonshoremon'a Union of Port
Blake y.
Allans'. Or. F. H. Coliilttn. a lornl mmlnr
ssayer, plsiel two uitrae nlled wltb
cluthes of hlmKflf and bride on a .trt cor
ner lust evening while h w?nt to attend to
some business He returned in a few minutes
to lind thm gon.. No ol.w ha. been found
to the roMw.
f WOODARD, CLARKE & CQ.1
POTTERY
is ar wr.-jr-- j '
m
4- Days' Reduction
on Varnish Stains
Several things should be considered in
selecting paint. Will it hold its color,
cover well and withstand climatic con
ditions? Our paint will.
i-gallon, regular $1.35; special... 97
1 quart, regular 0r; special 49?
1 pint, regular 40c ; special.. ...3l
lij-pint. regluar 25c ; special 17
Spray Your House
Plants, Trees, and
Bushes
Woodlark Concentrated Rose
and Fruit Spray haS no su
perior. Sure death to Fruit
Caterpillars, Currant Worms,
Cherry Slugs, Asparagus
Beetles, and all leaf-eating
insects. For use on Rose
Bushes, House Plants, Vines,
Fruit Trees, etc.
Pint Bottle 25d
Quart Bottle 50
Gallon Can $1.50
Spray Pumps 65 C
One Quart Rose Spray and
Spray Pump ... $1.00
PHOTOGRAPHIC SUPPLIES REDUCED
rmnm
CROSS
JAIL FOR FATHER AND SON!
J. M. AND WILLIAM DICKEXSOX
GET LIFE SEXTEXCE.
Found Guilty of Murdering Hindu
at Boring Mere Boys Implicated
Arc Released on Parole.
OREGON CITY, Or.. April 2S. Special.)
Sentenced to imprisonment for life in
the Oregon Penitentiary, J. M. Dirkenson
and ilia son, William, wore this afternoon
taken to Salem, accompanied by Walter
Sinclair, who was Klven a term of six
years for manslaughter. All three of
them were charged with killing Ilarnan
Singh, a Hindu, near Boring last Octo
ber. Sinclair pleaded guilty to man
slaughter, while Dickenson and his son
were convicted of murder in the Becond
drree. Father and son walked, hand
cuffed together, up Main streetfrom the
County Jail to the Southern Pacific depot,
the former smoking a pipe.
The courtroom was filled with a eurious
crowd this morning when Jutlffe AU'Bride
pronoune-ed sentence on IMckenson, his
two sons, Sinclair, John Riley and Karl
RaTlsier. all of whom were implicated in
the Hindu murder ease. John Dickenson,
Riley and Rnnsier were found guilty of
Merchants
Savings 6 Trust
Company
247 WASHINGTON STREET
Capital$150,000
Pays interest on Savings Ac
counts and Time Certificates.
Receives deposits subject to
check without limitation as to
amount.
Effects collections in any part
of the country on most reason
able terms.
Acts as Trustee in all legiti
mate relations.
Cares for properties, collects
rents, etc.
Interviews solicited with those
contemplating any phase of our
service.
AND BRASS
Over 2000 different pieces of imported Art Pottery at one-half the
regular price.
v Our entire line of Russian and Japanese Brass, including Steins. Fern
Dishes. Tea Pots, Jardiniers, Trays. Loving-Cups and Candlesticks, during
this sale one-half off.
From one-fourth to one-half off on Koszane Ware, f Royal Doulton
"Ware, Japanese Bronzes and Japanese Kouchi Ware..
' Hundreds of other remarkable bargains on the third floor all this week.
SEE OUR WINDOW DISPLAY.
IF YOUR
EYES
Have been irritated by wrong
glasses, advised by some incom
petent shop-clerk optician, or per
haps by a traveling peddler, who
cares only to sell you tlic glasses,
regardless of their after effects,
you should lose no time in eon
surting a reliable optician. Our
optician is thoroughly competent.
Seeds Nonhalation P'Ortho Dry" Plates
eioxSVs, regular $2.10 dozen; now $1.60
5 x7, regular $1.40; now 97
8 xlO, regular $3.00 ; now $2.45
Buster Brown Camera, picture 2V4x3Vi-- $2.00
Buster Brown Camera N'o. 1, picture 2V4x3V4 $6.50
Printing and Developing in 24 Hours
GLOVES FOR MEN AND
manslaughter by the jury, and the latter
two were recommended to the mercy of
the court. The three are mere boya mid
were led into the escapade by older heads.
Tho court sentenced them to three years
in the Penitentiary, but paroled them. Ho
talked firmly but kindly to the htds, ad
vising them to lead good lives. and
warned them that any attempt on their
part to break parole would be punished
by immediate execution of the sentence.
He told young Dickenson to go home with
his good mother and take care" of her.
and when court adjourned the boys went
to the chambers of the judpre and with
tears in their eyes thanked him for his
leniency and assured him it would not be
abused.
Sinclair made a statement In an effort
to explain his action in assaulting Jailer
Xehren two months ago. He said Nehren
was drunk and that he had as-led in self
defense, whereupon Jine McBride called
the Jailer, who testified upon oath that
Sinclair had been an ugly prisoner and
had made an assault that was entirely
unprovoked. Nehren has had charge of
the jnil for shout n years, and this If the
REMOVED FROM 86-88 THIRD ST.
fife
' I "r-tiiuMi-' 1 1
HANDCRAFT
FURNITURE
TT We are showing a superb Jine
ot this most popular and artistic
furniture. The designs are
strong, yet elegant; the wood rich
and warm in tone, the leather of
the finest quality and color. Built
for service, Handcraft furniture
will endure for a lifetime, a con
stant joy to its owner and a source
of substantial beauty to any room
J. G. Mack & Co.
. Fifth and Stark
4 TO 2 OFF
Garden and Lawn
Hose
25 feet Conduit. Vi-iueh , . . . .2.50
25 feet Conduit, 34-inch $3.00
25 feet Superior, i-inch 93.25
25 feet Superior, 3-4-inch $3.50
Hose Reels $1.00
Rainbow Sprinklers 25c
Ball-Boaring Sprinklers SI. 25
Menders 5 and up
Nozzle Tree With Every 50-Foot Length of Hose.
Have It
Charged
Don't hesitate to ask for
credit. Remember, about 00
per cent of the country's
business is done on credit.
Business would stop without
it. If you want anything in
our store, don't wait another
minute. Come right in and
select what you want. If
yon are a well-meaning per
son, in good standing, we will
gladly give you credit. We
want you to open a monthly
account with us.
WOMEN
nrst time he nas had trouble with & pris
oner, o that Sinclair's statement had Ml-,
lie ent'ci,
The court stated that Hindus are an un
desirable class and are not wanted in this
country, but so long as they are permitted
to enter they arc entitled to the protec
tion of tho law. Ho complimented the
jury upon the verdict, which he couri
ered discriminating, and then gave a life
nentrnee to Dickenson, who encotraged
his two sons and the other boys to attack
the Hindu cabin, and to Willium IMcken
4n. who tired the fatal shot. When
asked whet her he had anything to say,
the latter face"d the crowd and exclaimed:
"Indies and gentlemen. I am Innocent,
and. though my liberty is taken, my con
science is ch'ar."
"That Is true." hysterically nobbed th
mother of tUf young man, rising in her
scat near the rail.
J. M. Dickenson h;s beon in Judge Mc
Rride's court before, and about four years
a do was fentenced to several months in
the County Jail for beating his wife. She
obtained a divorce, and they have lived
apart sinee that tlm.
will i i r n t