Morning Oregonian. (Portland, Or.) 1861-1937, June 14, 1910, Page 13, Image 13

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Malheur County Irrigation
Company Made Defend
ant in Suit.
Legal Action, Companion Proceed
ing to One Brought Against Mal
heur Valley Railroad Company
to Be Tried Here Friday.
After 40 miles of Irrigation ditches
have been constructed, through which
water is now being run for the -benefit
of 3000 acres of young orchard lands,
the Eastern Oregon Land Company
yesterday requested the United States
court for an injunction to stop opera
tions. -
The suit is directed against the Wil
low River Land & Irrigation Company,
in Malheur County, and Is a companion
to the suit recently brought by the
same plaintiff against the Malheur Val
ley Railroad Company to enjoin the
building of a railroad from Vale to
Brogan, all of the grading having been
completed and trains running over 11
miles of track before the suit was initi
ated. The latter suit will be argued be
fore Judge Bean on Friday.
In 1867 Congress granted alternate
sections of land to the Dalles Military
Wagon Road Company, and. from time
to time, until within the past few years,
the title has been attacked and the rec
ords of the courts filled with allega
tions as to fraud. The lands have re
mained In their unimproved and virgin
state for 43 years, and stretch from t-e
Eastern line of the state to the Colum
bia River.
History Dates Back Two Years.
In 1908 the Willow River Land & Im
provement Company entered Malheur
County, Dennis Brogan was president
of the company and had Investigated
the possibilities of irrigation along the
bottom and bench lands of Willow
River. He found the Cole, Logan and
other pioneer families had been mak
ing use of the waters of the small
stream for more than 40 years and that
the entire flow of the stream was ap
propriated. The Willow River irrigation Com
pany purchased all the lands and water
rights and completed filings which
would give them complete control of
the natural flow as well as the flood
waters of the stream. By the construc
tion of reservoirs, itwas proposed to
make possible the irrigation of 20.000
acres of fruit lands, and $600,000 were
expended in the projects. Two reser
voirs, holding 60,000 acre feetof water,
were completed.
In carrying out its plans the lands
were divided into small tracts, and sev
eral hundred settlers induced to go
upon the lands.
In affidavits presented to the court
yesterday it is pointed out that in 1909
the necessity of a railroad became ap
parent and the matter was taken up
with the management of the O. R. & N.
Railroad and the Eastern Oregon Land
Company, which had purchased the
holdings of the Dalles Military Road
Land grant. The latter company is
said to have promised to give a free
right of way for the construction of the
Anotner interested party was the
Willamette Valley & Cascade Mountain
Wagon Road grant. Colonel C. E. S.
Wood, as agent for the owners, also
offered a free opening for the much
Beeded steel connection.
Upon this understanding, it is charged
that the Malheur Valley Railroad pro
ceeded with construction from Vale to
Brogan, completed the grade, contract
ed for a brick depot at Brogan and
placed 11 miles of rails. The railroad
company then requested a deed to their
right of way.
Fall to Keep Faith Is Charged.
The affidavits set out that the East
ern Oregon Land Company declined to
live up to their verbal agreement, and
at that time notified the railroad com
pany that its consent to crossing the
lands of the Eastern Oregon Land Com
pany was withdrawn. A condemnation
suit was brought In Malheur County
and was transferred to the Federal
Court at the time the present case was
Attorneys Lionel R. Webster, John B.
Hart, of Seattle, and W. K. Lowrey, re
cently from Chicago, appeared for the
defendants yesterday and questioned the
jurisdiction of the United States Court
because the value of the 61 acres of
land consumed by the right of way was
of less value than J2000. The docu
ments point to an affidavit of the offi
cers of the Eastern Oregon Land Com
pany filed In Malheur County, in which
the value of the bottom lands Is placed
at $40 per acre and the bench lands at
The basis of the complaint upon which
the injunction against the railroad Is
asked is that it will Interfere with a
plan of irrigation ditches contemplated
by the Eastern Oregon Land Company.
The Willow River Company answers
with the statement that the Eastern
Oregon Land Company owns neither
water nor reservoir sites on the Willow
River and that there are none for it to
acquire, but if the plaintiff will im
mediately designate where its ditches
will be run plans will be made to ac
commodate them.
President Davidson, of the Oregon &
Western Colonization Company, who ar
rived at the Portland yesterday, did not
know of any promises which Colonel
Wood had made to give the railroad a
right of way. "But I will cheerfully
make that promise on my own ac
count," said Mr. Davidson. "I will give
them a right of way going up the Wil
low River, and another one to come
back on if they want It," he concluded.
Mlnnesota Wins State Land Case
Over Douglas County Folk.
Judgment for $23,901.10 with inter
est was yesterday rendered by United
States Judge Bean against J. G. Pearce
and Carles E. Worden, of Douglas
County and in favor of Alfred Dan
iels, of Minnesota. The litigation was
the result of the sale of IS certificates
of purchase issued by the state land
board for timber lands which Oregon
did not own. The court held that the
certificates representated nothing of
value, the documents having been
later cancelled by the land board. ,
The state land board selected cer
tain timber land in Southern Oregon
as indemnity due the state from the
National Government, and as soon as
the lists had been filed with the gen
eral land office, sold them on the cer
tificate of purchase plan. Later, the
Government caused the - filing to be
But prior to the cancellation. Pierce
and Worden had arranged a sale of the
certificates to Daniels and had re
ceived the money. .
Tribal Rule Over Umatilla Indians
" Effective, Says Court.
In a decision rendered ' yesterday in
the United States Court, Judge R- S.
Bean upheld the tribal laws of the
Umatilla Indians as to marriage and
divorce, and declared that so long as
tribal relations are maintained the laws
of the State of Oregon, relating to those
subjects, are not effective against the
The question has never before been
determined by the Federal courts, and
a similar decision by Justice Moore, of
the Oregon Supreme Court, was later
reversed in the Supreme Court of the
United States. Nevertheless," Judge
AGE OF 33.
I ,as - ""'It
10 - I
Hermann W. Pauling.
Hermann V. Pauling-. . a -well-known
druggist of this city, died Sat
urday, aged 33. Mr. Pauling wu bom
in Mtesouri ana came to Oregon with
his parents when a smalt child. The
family settled at Oawego, where Mr.
and Mrs. Charles Pauling still reside
and where Hermann grew to manhood.
He married Lucy Isabelle 'Darling,
who survives him, together with three
children, Lirrus, aged 9; Pauline, aged
7, and Lucille, aged 0.
Mr. Pauling was connected with the
Skidmore Drug Company for a num
ber of years and at the time of his
death, u-ae the proprietor of a drug
store at Forty-fifth and Belmont
streets. He was a member of the.
Independent Order of Oddfellows.
Bean held that the logic of the de
cision by Justice Moore appeared to be
The decision was rendered in dis
posing of three contests between heirs
of Indians for possession of allotted
lands In the Umatilla reservation. Many
of the Indians follow polygamous prac
tices, but In most cases the marriage
ceremony is a simple agreement to live
as man and wife. After the death of
the Indian at the head of the wigwam
it has been a custom of the squaw
mother to claim his lands on the ground
that the squaw wife was not the legal
wife of the deceased.
In one of the decisions handed down
the court held that a Catholic priest,
forcing a supposedly- dying Indian to
disavow his wife, did not sever the
marriage under tribal laws. The case
was that of a relative of Sho-qu-you-in
against Mis-net, his wife. The Indian
recovered after his first Illness and
took Mis-net back to his tepee as his
wife, but the relatives Insisted that
she was his concubine. The court ruled
that Mis-net was entitled to be known
as the wife of the Indian and as his
Government AVins Water Right Suit
in Klamath County.
Surrendering their fight against the
United States reclamation project at
Klamath Falls, the heirs of Roscoe E.
Cantrell and Cordelia L. Ankeny yes
terday stipulated to pay a judgment of
$750 for the use of water supplied for
irrigation purposes. .
Roscoe Cantrell and Cordelia Ankeny
were each Interested In a ditch con
structed in the early days of the set
tlement of the Klamath country, and
which they agreed to sell to the
reclamation service at the time that
the Government . undertook to supply
an irrigation system 'covering 200,000
acres- of land. They deeded their ditch
and .gave possession, but alleged they
were to have water free of charge until
such time as the irrigation system
should be completed by the reclamation
service and turned over to the settlers.
Upon that understanding- Cordelia L.
Ankeny and the heirs of Roscoe E. Can
trell declined to reimburse the Govern
ment for water which came to them
through the ditches they had originally
owned, and In 1909 suit was brought in
the Federal Court.
A check for the amount of the judg
ment rendered upon the stipulation was
turned into the office of Clerk Marsh
and the litigation ended.
Calkins Named Commissioner.
W. W. Calkins was yesterday ap
pointed a United States Commissioner
at Eugene. The position has been va
cant for some time, and on Saturday
the matter was brought to the atten
tion of Judge Bean. In criminal mat
ters in which the United States is
plaintiff, the law requires that arraign
ment shall be had before the nearest
commissioner, and by locating repre
sentatives of the court at convenient
points, a large amount of mileage is
Head of Trades School Too Active
Outside, Is Rumor.
George W. Hamilton will not be
elected this year as principal of the
Portland School of Trades, for the
directors of District No. 1 have con
cluded he is not the man for the place.
He was notified by letter that he would
not be employed again, in order to
give him opportunity to seek another
position. He will remain until the end
of the present term, which will be
about one more week.
The board had considerable trouble
with Hamilton last Winter. He was
representing a correspondence school
and tried to force all his subordinates
to take a course in that school. They
preferred charges, but the board o.d
nothing more serious than to chide
him at the time.
Actual Photographs of All Carnival Parades 5c-Folders of 18 Views of Electric Parade
lOc Each, 3 for 23c Demonstration of Schram Fruit J ars Best Jar Made Ttiird Floor
More than 3.0OO.000 pairs f blankets
woven In tno United Kingdom Annually.
h w
Tir jl
-Hiiragf Store
$2 Handbag's $1.19
$5 Handbag's $2.29
500 extra good quality Goat Seal
Handbags, with single or double
strap handles, leather-covered or
German silver frames; leather-lined,
fitted with coin purses. Excellent
values at $2.00. Re- -moval
Sale price, each 3)1,1"
Another line of extra superior qual
ity Goat Seal Handbags, single or
double-strap handles, leather-lined;
some are fitted with coin purses and
card cases ; colors are black, tan,
brown, blue and greeny A r qa
regular $5 values, now P,ejjy
Removal Sale Prices prevail on all
Music Rolls, Card Cases, Wallets,
Traveling Cases, Bags, eto. Highest
standard of quality in every respect, at lowest level of prices.
Electric Portables
and Reading' Lamps
The fourth floor House Equipment Store offers great Removal
Sale bargains in all lines of Electric Portables and Reading
Lamps. Electric Irons for pressing and general use, worth their
weight in gold these warm days. Removal prices prevail:
$5.9Q Lamps at $4.40
$0.9O Lamps at $5-00
$9.50 Lamps at $7.12
Gas Lamps at
Removal Prices
Special Removal Sale of all Gas Lamps,
Complete lines of Gas Hot Plates, Ice
Cream Freezers, Refrigerators and
other weather needs in dept. 3d floor.
Special PiircKase
$L6Q Printing
Press for $1.Q5
$6.QO Hand-Car $4.25
Boys' Printing Press, made entirely of
steel; complete with type, etc. Packed in a
neat wooden box. Excellent for J1 fC
card printing:; reg. $1.60. Spcl plVJ
BOYS' HANDCAR An -all-metal handcar,
double geared, -in. rubber tires on wheels ;
fine finish; regular $6.00 yal- t1 OEI
nes. Special Removal price, at'PB"
15c Doll Wagon for 9c
$1.50 Dressed Poll 95c
In the Toy Store, fourth floor, a sale of
steel wagons; just the thing for the little
ctiilds' doll; a regular 15c seller Q
Special Removal Sale price, only
Dolls Full-dressed dolls, complete with un
derwear, shoes and stockings, etc; eyes
open and shut; full 21 inches high; QP
' regular $1.50 value; Removal Sale '"C
Removal Sale HammocKs
Rem'val Sale Lawn Goods
Removal Sale Go -Carts
All the Mill Had in Broken
S Cartairis $2.95
LOT 1 Comprises about 7QO pairs of Irish
Point and Cluny Lace Curtains The Irish
Point are in arab and white and two-toned
effects Very neatly designed patterns appli.
crxied on French net The Cluny curtains
come in arab and white also Rich patterns
in lace and insertion mounted on French
of 25QO Fairs Lace Curtains
Were Sacrificed to Us
net Actual $5 values priced very
special for speedy selling at only
SEE WINDOW DISPLAY, which shows only enough to give you an
idea of the great bargains shown in the department, fourth floor.
Hundreds of other lines are shown and all are priced much lower than
you will expect. Take advantage. Come early and get first choice.
LOT 2 Comprises OOP pairs of high-grade
Cluny Lace Curtains in arab and white.
Rich new patterns of lace and insertion in
various widths Marie Antoinette patterns
on French net Novelty braid patterns with
Battenberg effect Very rich designs on best
French net These curtains are actual
gO.OO values Special Removal
: $3.95
$2.5Q Hat Pins 97c
$1.25 Hat Pins 57c
' V Thousands of very trettv and stvlish
Hat Pins, in every wanted design;
'hipestone, novelty, jewel set and all
kinds of new ideas, such as arts and
crafts designs; values to $2.50: sne-
cial removal sale price 97c;C!7
icguiar values 10 $J..o, each w
N85c Sterlina'
Novelties 37c
. , Regular 35c Values at 17c
A general clean-up of sterling silver
articles priced, very much less than
wholesale cost. Files, tooth brushes,
tweezers, nail brushes, etc.; regular
values to 85c ; on sale for 37c ; "j
regular values to 35c. for. each JL C
Dollar WatcK for 69c
Reliable Standard Make, Guaranteed
A very unusual sale of reliable, standard make watches, guaranteed
for one year. The works are best, which assures, perfect time ; the
cases are of nickel or gunmetal finish. There's 1000 in the CQ
lot. Actual $1.00 values, at Special Removal Sale price, each "IC
! W fcM ItMOP
S2fii. SITE'S I
Sale price, for speedy selling, pr,
SEE WINDOW DISPLAY Lot 1 and lot 2 represent only about half
of this extensive purchase. Some very exceptional values are shown
at other prices. There are several pairs of a kind in every pattern.
If you come early you can fit out your home at a saving of nearly half
Great Sale of
Dinner Sets
Big Reductions
""rl''li n sacrifice sale of the mosttaple
mi which a small margin of
profit is made. Take elevator to 3rd floor.
Cottage Dinner Sets, in 3 decorations,
pink flowers, gold spray ' and grold
borders; regular 3.7o; tull
42-piece set. Removal Sale
50-pc. old blue dinner set, $6.20 J fiji
vaiue; special Removal Sale V"0
60-piece old blue dinner set, $8 (PC QC
value. Special Removal Sale p''
$6.85 50-piece gold decoration set, 5.2T
$8.75 60-piece gold decoration set, $6.95
$13.50 100-pc gold decoration set, $10.79
50-piece pink and green border OO
decoration set, $7.85 value, for pO.O
"0-rieee dainty pink and green flJO OQ
border decoration, reg. $10.50, PO.Ofc
lr0 nc cliinty Tiink and ereen (J1 O A(
border decoration, $15.50 set P fr3
50-pc gold incrustation bdr.-flJIfV i n
pattern, very rich, $12.75 fo V -1 A f
60-pc set, $17.35 value. Special, $13.79
100-pc se, $26.25 value. Special, $21. OO
45c Ribbons 29c Yd.
Trimming Half Price
Here's an opportunity to get
rich, lustrous Taffeta Ribbons,
Moire Taffeta and a big line of
"Warp Print Dresdens, in all
the new Summer shadincs.
Values up to 45c the yard. fg
Removal Sale price onlyyC
WASH RIBBONS Just think of it
5000 pieces, five yards in a piece.
Ribbons for corset covers, to run in
headings of all kinds ; good qualities
that will wash ; reg. 10c sellers.
Sp'l Removal Sale price, boltOC
A general elean-up of all odds and
ends in Dress Trimmings, Bands,
Appliques, Braids, etc. All 1 A
short lengths, on sale at just
5Qc Venise Bands Special. Yard. 19c
VENISE ALLO VERS Several : hundred yards, T f j g
full 18 ins. wide, in white only ; vals. to $3.50 yd. X i
VENISE BANDS In white, cream and ecru colors, for trim
ming Summer dresses. Widths W2 to 2Y2 inches; ac- - f
tual values to 50c a yard; special Removal Sale price X J C
Lincoln Class Will Receive Diplomas
on Evening of June 21, and
Washington June 22.
Graduation exercises of the Washing
ton High School will be held Wednes
day night. June 22, at 8 o'clock, in the
school auditorium. The complete pro
gramme has not been announced by
the Board of Education, but there will
be an address, presentation of diplo
mas and musical numbers. The School
Directors will be present.
Lincoln High School will hold its
graduation ceremonies In the assembly
hall Tuesday night, June 21, at 8
o'clock. The address of the evening
will be delivered by Dr. Slsson. of the
University of Washington, and there
will be a musical programme, and the
presentation of diplomas. The gradu
ating classes are a follows:
Washington High School.
Blaine Ackley. Ada Alderton, Fred
Anunsen. Rose Basler, Edgar Bennett,
Laura Bert rand. Milo Blair, Eva Blair,
Eva Blood, Raymond Branion, Edith
Brobst, Esther Campbell, Elsie Clair,
Hasel Coote. Francis Corbln. ' Flora
Crego, Rebecca Curtan. Helen ' Cur
tis, Mary Davis, Hazel Davis. Ethel
Dickinson. Fay Douglas, Evelyn Fat
land, Lavlna Fraxier, Nina Graves,
Helen Gabble. Grace Grlswold, Geral
dine Hall, Earle Hammond, Annie Jor
dan Harrison: Clara -Heissler,- Maude
Herman, Sue Hills, Earl Hughes,
Chester Johnson, Joe Jones, John Kelli
her, Joyce Kelly, Emma Kexcha. Rachel
King. Robert Krohn. William Laidlaw,
George Lane, 3ertha Larry, Florence
Le-edy, Elizabeth Leonard, Jane Lewis.
Royala Loomls, Lucia Macklin, Maurine
McAdams, Estelle McCarthy, 'Newton
McCoy. . Bertha Memhoff, Alice
Metcalf, Beulah . Miller,. . . Lorain
Miller, Parks Morden, Edwin Nash,
Evelyn Nicolal, Marshall Nisbet, Her
man Oberteuffer, Frank Olson, Kather
ine Piggott. Edith Potter, Jessie Pros
ser, Thomas Raddell. Marguerite Ran
kin, Marie Rogers, Harold Ross, Ruth
Rugg,- Raymond Singletary, Lenora
Sinks, Clara Smith, Florence - Smith.
Norval Smith, Gertrude Speer, Delbert
Stanard, Helen Sullivan, Helen Walton.
Lena. White, Hortense Williams, Hoig9
Wilson, Bernice Wommelsdorf and
Wllma Zelgler.
Lincoln High School.
Don Rice, E. Carlander, W. B. Can
field, L. Walker, C. Venstrand. H. Bens,
Lilah Barker, R. Wittenberg, W. Hus
ton, Frances Rutherford, Lucy Shearer,
Tomine Fety, Charlotte Prince, Caroline
Wurtenberger, Thomas Draper, Caro
lyn Friendly. Orvine Daly, Ethel Sund
berg, Ethelind Rlsley, Jean Wolverton.
Ethel Lee, Frances Greenberg, Fanny
Gevurtz, Lena Beckett. Elsie Simon,
lone Morrison, Isaac Dcllar, M. Gold
stein, Edwin Holms, Georgia Plocgstra,
Leah Johnson, Leeser Cohen, Eva Ma
gulre, Jean Harden. Ruth Dunne, Janet
Morris. D. Minsifiger. J. Bankus. Claude
Bristol, Frank Dudley. Ella Fisher,
Wesley Grasle, Henry Ruscu, Ira Yoss,
Grover Sinks, Mary Rodman. Lottie,
Banfleld, F. Converse, H. Cudllpp, F.
Benz, R. Brlghthlll. Edna Messenger;
Fannie Tost. Marguerite Gets. Adah
Carber, Pearl Shub, Adrian Shanafelt,
Vernon Smith.
Chamberlain's Cough Remedy Is sold
on a guarantee that If you are not sat
isfied after using two-thirds of a bottle
according to directions, your money
will be refunded. It is up to you to try.
Sold by a.11 dealers.
Each of the chief or
gans of the body is
link in the Chain of
Life. A chain is no
troor . than its
weakest link, the body
weakest organ. If there is weakness of stomach, liver or longs, there is
weak link in the chain of life which may snap at any time. Often this so-called
"weakness" is caused by lack of nutrition, the result of weakness or disease
oi me siomacn ana outer organs ot digestion and nutrition. Diseases-and
weaknessc of the stomach and its allied organs are cured by the use oi Dr.
Pierce's Golden Medical Discovery. When the weak or diseased stomach is
h but wl
cured, diseases of other organs which seem remote from the stomach h,. whlok
nave tneir origin in a diseased condition of the stomach and
other organs of digestion and nutrition, are cured also.
The strong man baa a atron& mtomaeh.
Take the above recommended "Discov
ery' and yoa may hare a atroni atom
ach and a strong body.
Givbn A wat. Dr. Pierce's Common Sense Medical Adviser,
new revised Edition, is sent free on receipt of stamps to pay
expense of mailing only. Send 21 one-cent stamps for the
book in paper covers, or 31 stamps for the cloth-bound vol
ume. Address Dr. R. V. Pierce, Buffalo, N. Y.
4 Su
is graded
MNa2 j lNa3
. None of these
grades will do for us.
We must abso
lutely have "the Best
Rye in the field".
Grain men say we
are the hardest buy
ers to please.
Perhaps we are, .
but see the result
Injure gvg
ecrrnxpjN bond