Morning Oregonian. (Portland, Or.) 1861-1937, November 11, 1910, Page 9, Image 9

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A Year's M
Federal Judge Strongly Coin
cides in Doctrine of Bene
ficial Usage.
Iddcd Force I Given to Ieclslons
of State Courts on Subject l" so
of Overflow' Irnled to
Irrigation Concern.
In holding that riparian rlRht pr
lslm only to the usual flow of the waters
of a stream and not to the flood waters,
the United State Court yesterday irave
added fore to Judicial declarations of
the scale courts on Irrigation questions,
ffh. court coincided fully with the doc
(rln of beneficial use of waters.
The lltliratlon Just endd ni between
the Eastern Orrnoo Land fAxnpany and
the "Willow River Land Irrigation
Company, the latter company beinc en- ,
raxed in the construction of a dam to !
Impound flood waters of Willow River 1
at a point shout & mile, shove sle,
In Malheur County, and on land alleged
to be of a mineral character.
The dam Is on land which was part
ef The Dalles military waron road It run
running; from Boise. Idaho, to Tlie Dai
In. the title to which pasnrd by pur-
rhK to the Eaotern Oregon Land com
psny. In the patent secured from the
X nlted Rtatrs a reservation sppeara t
the effect that any known mineral lr.d,
or any land upon which mineral may
ereafter be found, shall be reserved by
the l nlted Slates.
flood Waters 1'iwd.
Both parties to the suit own lands) I
the. vicinity of Willow free which are
subject to irrigation, the W'llow River
Company being; encaged In constructs
expensive reclamation worker while the
IXern Orojron Company heretofore ha
relied upon flood waters overflowing;. Its
fcoldlngw and thus placing the land I
coiMllti4n to raise valuable crops. Its
lands being parallel to the river, the
2Casiern Oregon Company aseerted
riparian right to the use of the flood
waters of the stream and denied th
right of the, Willow River Company to
Impound them at Its dam.
Dennto Brogan and associates bought
land In W In the Willow creek Valley
and organised a company to irrigate it.
They found that mining claims had been
located on either aide of Willow Creek
at a point suitable for a dam. and the
IBrofraa Company bought the claims, pro
giosljig to create a reservoir and carry
the water conserved from floods out
over lands which were found to be suit
able for cultivation. In addition Brogan
a.'werrts that he hae secured all Che es
tablished water rights on th stream.
In doing so he visited the farmers who mads locations along Willow Creek
and had usrd the waters for Irriga
tion for many yeara and bought both
their water and land. In that way the
willow River Land A Irrigation Com
pany aexerta that it has secured all the
water In the stream at all times of the
Flood Waters Excepted.
The Eastern Oregon Land Company
then asserted its right to use the water
ef the stream for such lands as It might
own alone rta banks, but admitted that
no claim had been made with the State
Kngineer until after other tilings had
been approved.
In passing upon the merits of the
claims. Judge Besn held thst the title
to the dam site was In the Willow River
Company because of the reservation of
mineral land by the l nlted States and
because of (tie proof submitted that the
land had been worked for mineral for
several yea rs before the Irrigation
schemes came Into being.
Judge Bean ruled that the Eastern
Oregon Land Company had no claim to
flood wat era because of their being un
certain In character and time of ap
pearance and ' confined the company's
claims to such portion of the natural
flow of the stream as had been benefi
cially applied to its lands, a question to
be determined by the district water
superintendent snd the 9tste Engineer.
J. X. Finnic, of Spokane. Is at the
P. K. Smith, of Tamhlll. Is at the
L. S. Hill, of Cottage Grove, is at the
O. I. Feterson. of Astoria, is at the
William Gerlg, of Medford, Is at the
A. K Davis, of Coolldge, Wash., la at
the Ramapo.
J. F. McXanght. of Hermlston. Is at
the Portland.
L. R- Fa rr Is. of Kalama. Wash., Is
at the Oregon.
G. D. Woodworth. of Hood River, is
at the Perkins.
B. W. Johnson, of Corvallis, is regis
tered at the Oregon.
E. R- Bryson. of Eugene. Is regis
tered at the Cornelius.
John Thomsen. of Baker. Or.. Is reg
ime red at the Portland.
Rev. G. J. Dtckson. of Pendleton, Is
registered at the Ramapo.
L. G. Hill, a lumberman of Cottage
Grove. Is at the Imperial.
Mr. and Mrs. G. W. Ford, of Pendle
ton, are staying at the Oregon.
Mr. and Mrs. Hugh Jenning. of Ken
dxlck. Idaho, are at the Lenox.
Mr. and lira C H. Doncaster. ef
Aberdeen, are staying at the Lenox.
Mr. and Mrs. E. O. McCoy, of The
Dalles, are staying at the Portland.
Mr. and Mrs. Fred R. Mel Us. of Ba
ker. Or, are staying at the Imperial.
C- W. James, superintendent of the
Ftate Penitentiary at Salem, is at the
Mr. and Mrs. A. H. Davenhlll. Mrs. F.
M. Able. Mrs. Adele Love and Mrs. A.
L. MeCue. of Ashland, are staying at
the Perkins.
On Great Northern Shore line express,
Portland to Puget Sound and Vancouver,
B. C. 11:39 P. M . daily, from Hoyt-atrect
station. Eleventh and Hoyt streets.
Other trains leave HAM. and S P. M.
Ticket sleeping and parlor car reserva
tions, city ticket office. 13 Third street
and at depot.
Vnion Bay Kllensburg Site.
ington. Xov. 10. The Secretary of the
Treasury todsv authorised the pur
chase of a public building site at E1
lensburg. at the corner of Fourth and
Rubv streets, ewned by A. L. Crum,
for tTOOO.
' fir V
J o lL
; Afl
Fencing Club to Give Interest
ing Programme Tonight.
Kxperte at Okt-Time Art Tie Their
Skill at Entertainment Under
Auspices of Portland's
Xew Organization.
One of the most novel as well as
Interesting attractions In the line of
athletics will be the fencing tourna
ment to be staged at the Women of
Woodcraft Hall. Tenth and Taylor
streets, tonight. This sport is a new one,
as far as public Interest Is concerned,
but tonight's exceptional programme Is
expected to create an Interest in the
game which will make It one of the
most attractive Winter sports this season.
Professor Lam pert, an expert swords
man, who has been in charge of the
Portland Fencing Club's classes since
that nourishing organization was In
augurated several months ago, will di
rect tonight's entertainment, and many
of the best fencers In the Northwest
will be on hand In tonight's competi
tion. Some disappointment was ex
pressed by members of the fencing
club yesterday because no fencing team
entries had been received from out of
town and the inter-club contest orig
inally planned has been abandoned.
However, one of the most unique fea
tures of tonight's exthibltion will be
the fencing contest between Miss Lydla
Dammeler and Miss Lillian Rosland,
two women who are experts with the
foils, and this match Is already at
tracting widespread attention even
among those totally unfamiliar with
the art. The Interest undoubtedly
means that the attendance at tonight's
tournament will be flattering enough to
perpetuate fencing In Portland In the
future. Professor Lam pert has worked
hard and faithfully in the effort to
establish this sport here and indica
tions point to a successful consumma
tion of his ideas tonight.
The entries for tonight's meet are aa
Individual amateur foil championship, for
prise of cold medal Lieutenant It. Sears,
of Vancouver. Waah.; llarlo Montreaza.
Magnus Noratad. Charles K. Barteau and
James D. Paul. o the Portland Finclng
Club: Ga.ton Moch. alontesano. Wash.
Dueling .word championship Mario Hon
trexxa. Charles E- Barteau. Magnus Xor-
tand and James D. Paul, ail of the Port-
and Fencing club; uastoa aiocn. Moate-
no. W a.h.
Kxhlbltion contests with foils, dueling
word and sabres Major Carl Oustav voa
K.loff.teln. Hill Military Academv: Pro-
feuor H. A. Comeau. Aberdeen. Wash.: Pro
fewor Charles Lainpert. Portland Fencing
Ladles foil championship, for silver medal
Mies t.vdla Damnjeter. Portland Fencing
Club: Miss Lillian Roslaad. Portland Fenc
ing Club.
of the speaker and was forced to draw
his revolver to secure a passage to
the police station. Burke, answering
a question of the attorney for the de
fense, denied emphatically that he had
been instructed by his superiors to
drive the Socialists from the streets.
Attorney Glcason, of counsel for the de
fense, told the officer that it was the
duty of a policeman to be hooted and
shot at. quoting Mayor Gaynor, of New
York, to that effect.
Judge Tazwell took the case under
advisement until this morning.
Several Features Added to Regular
Sunday Programme.
Sunday programmes at the Toung
Men's Christian Association are to be
conducted on a new plan, from now on.
Several additional features haver been
added by R. W. Perkins, religious work
director. It is expected that the new
arrangement will add considerable In
terest to the weekly exercises and
serve to Increase the attendance, which
Is already large. The series of meet
ings each Sunday will be known as the
Triangle Club.
The programme next Sunday will be
gin at i o'clock with a concert in the
lobby by the T. M. C. A. orchestra, re
cently organized under the leadership
of Miss Cornelia Barker. It will be
concluded with a trombone solo, after
which the auditorium meeting will be
gin at J:3U o'clock. Rev. Boudinot
Seely, pastor of the Rose City Park
Presbyterian Church, will be the
speaker, his subject being "The Will
and the Way." From 4:30 to 5:30 Bible
classes will be conducted, and these
will be followed by a fellowship sup
per. A feature of the supper will be
the T-o-graph, consisting of the ex
hibition of some well-known picture
each Sunday and a discussion of the
lesson taught by It. The picture next
Sunday will be "Breaking Home Ties."
' Without Cost
0 We are offering a year's music lessons with every piano sold. In
some cases two years' music lessons.
QYou can take these lessons with any of 25 of the leading music
teachers in Portland. You can choose the teacher you like the best.
yiou can buy any piano on
easy terms just as soon as you
make your first payment on
your piano, you can begin taking
lessons. These lessons will cost
absolutely nothing, not one cent.
QYou get this year or two years'
course of lessons, as the case may
be with every single piano
sold ihere are no strings to
this offer.
You can choose from any of
the following pianos:
Weber Piano $525, $600, $650, $725.
Weber Grand Piano $800, $1250.
Fischer Piano $400, $500. ,
Kohler & Chase Pianos 350, $375, $400, $425.
Wheelock Pianos $350 to $450.
Hoffman Pianos $225, $275.
Kohler & Campbell Pianos $275, $350.
We want every one to know Kohler Chase, the
oldest piano house on the Coast.
That is why we are making this introductory offer
the most liberal ever made by a piano house. We have
won a reputation everywhere throughout the State of
California for honest piano selling. We nave been in
business there for sixty years. We are giving these
music lessons td introduce ourselves quickly in Oregon.
a. r
Which Teacher Do You Prefer?
Kohler & Chase, Washington and West
Please send me particulars as to your
music scholarships. I prefer to take
lessons with the following teacher:
(Write In name of teacher here.)
(Sign your name here.)
This involves no obligation on my part.
Citizens Going About Business Have
First Right to Thoroughfares,
Says Prosecutor.
An ordinance prohibiting all street
spesking- was urged in Municipal Court
by Deputy City, Attorney Sullivan yes
terday morning; as the only solution for
frequent and vexatious prosecutions of
persons accused of exceeding; the limits
In using; the privilege bf the streets.
"The first right to the streets is to
those who are going; about their busi
ness, earning their livelihood." said the
prosecutor, "and they are hampered
and annoyed by the advocates of all
sorts of opinions, religious and political."
Harry Lloyd, a Socialist, and Adolph
Auerbach, his lieutenant, were on trial.
on a charge made by Patrolman Burke,
lleglng profane language. C E. S.
Wood appeared for the defense and
made an argument for unlimited free
speech. His address wss followed by
a slight attempt at a demonstration by
the partisans of the defendants ion the
Lloyd and Auerbach were arrested
last Frldsv night for obstructing the
streets. They were fined HO by Judge
Taswell the next morning and appealed.
Lloyd devoted his remarks Saturday
Ight largely to an attack upon the
police, and Burke was urged by indlg-
ant cltisens to arrest him. The of
ficer was resisted and kicked by friends
Harbormaster Says Dock - Was
Lighted on Both Decks.
Five minutes after P. J. Kelly of the
Ironworkers' Union began work with
grappling hooks at 11 o'clock yesterday
morning, tne body of Matt Greenwald.
drowned Wednesday night, was recov
ered and at once conveyed to the mor
gue. From marks on the body it is
presumed that Greenwald struck a bal
last log in his descent and was probably
instantly killed.
Harbormaster Speier yesterday made a
thorough Investigation of the circum
stances. He says that three lights were
burning on Martin's upper deck and
that gangway lights were shown on the
lower deck. where passengers were
boarding the vessel, Geo. W. Elder.
Captain Thomsen, of the steamer Eu
reka, which was lying astern of the
Kider, said that he knew nothing of the
drowning until late in the evening, but
that during the time he was on the dock
the customary lights were burning, while
there was additional illumination
through the fact the saloon deck of
the Elder was fully lighted.
Funeral arrangements will be made by
the Ironworkers, of which Greenwald
was a member.
and West
Sk Kohler
and West Park
Oldest Piano House in the West
Strata of Rock Under Council Crest
Balks Work on Sewers.
A strata of solid rock underlying a
portion of the surface of Council
Crest, has caused the contractors for
the sewer in that district, the Jacob-sen-Bade
Company, to ask the Execu
tive Board to free it from Its contract.
The street committee of the Executive
Board yesterday asked the City Attor
ney if it would be legal for the Board
to revoke the contract, and he said
that If the members could be assured
that no property owners objected to
the revocation, it might be made with
out any legal hindrances.
J. P. Sharkey, representing much of
the interested property, agreed to get
written approval from the property
owners and present it to the Executive
Board by this afternoon. If the con
tract Is revoked, new bids for the work
will be solicited.
Catch of Silvcrsides in Tributary
Streams Is Good, However.
ASTORIA. Or.. Nov. 10. Special.)
Fishing has been rather slack in the
Lower Columbia Klver during the past
few days owing In part to the gale,
which prevented many of the gill nettens
from going out. In the smaller tributary
streams, however, the catch of silver
sides is excellent snd nhing will prob
ably continue there during the balance
of the month.
While no figures of the pack are ob
tainable. It has unquestionably been the
banner Fall fishing season on the Co
lumbia for many years.
Publicity Manager Says Oregon, as
Result of Election, Will Have
Best Roads in- Country.
With an amendment to the constitu
tion providing for road construction in
counties and bonding the counties for
the cost of the same, a general state
wide good roads meeting will be held
In the near future, according to Phil
Bates, publicity manager for the Good
Roads Association. The matter is to
come up at the next meeting of the
officers of the society. L. K. Webster,
chairman of the association, has the
power to call a state convention, but he
prefers to leave It to the officers ana
have a general discussion as to the lines
to follow with the call.
"The situation in Oregon is changed,"
said Phil Bates, "with the adoption of
the amendment to the constitution. It
means. In my Judgment, that Oregon will
have the best road system in the eoun.
try. All that Is needed Is for everyone
to put his shoulder to the wheel and
push the good work along to a successful
conclusion. To attain this we need a
road engineer who may be styled a
highway commissioner. He will have
supervision of all the work and Is the
advisory and guiding spirit of all county
"To give the movement the proper im
petus we must have a state convention.
It should be held as soon as possible.
This convention will draft the measure
for presentation to the Legislature. The
way is open for real work ana it is
only a question of time before Oregon
will have occasion to be delighted with
the action of its voters last Tuesday."
Gold Dust
Is the World's Greatest Cleanser
Report to Railroad Commission
Shows Big Profit in Oregon.
SALEM. Or., Nov. 10. (Special.)
According to a report filed with the
State Railroad Commission by the
Pullman Car Company, gross earnings
for purely local business of the com
pany In Oregon amounted to $95,119.20.
The gross earnings for all business in
Oregon was $443,497.13. which Includes
earnings on local business.
Operating expenses in Oregon are
shown to be $299,953.42 and taxes
amounting to $6520.98 were paid in
this state.
n . - ifrina twivlnc. est fn-
samhlque. Is developing Its rubber Industry.
Then treat your hair well. See that it
is properly fed. Growth of every kind
demands DroDer food. Starved hair
splits at the ends, turns prematurely
lOn 2f gray, keeps short and dry. Then feed
fi-vril your hair. Feed it with proper food,
a regular hair-food. Feed it with
Ayer's Hair Vigor. Thus help nature
all you possibly can toward giving you
rich, heavy, luxuriant hair. Askfyour
doctor about your hair and .about
AVer's Hair Vigor. Follow his advice.
Does not Color the
3.C. Aycr Company, Lowell. Mess.
Reduced Rates to Los Angeles
$10.35 SECOND CLASS $21.50, $23.50, $26.50 FIRST CLASS
To San Francisco $5.00, $10.00, $12.00, $15.00
NEW S. S. BEAVER Sails 4 P. M. Sunday, Nov. 1 3
H. C. Smith, C. T. At 142 Third St,
Floats i alaia 403 A M02,
J. W. Ransom, Agent, Alnsworth Dork
hones i Main 2Utii A 1234.
It cleans everything worth
cleaning from cellar to attic
It does more than clean it
sterilizes, kills eerms and
drives out every impurity,
making everything it touches
sanitarily safe.
The use of GOLD DUST
requires little effort from you
the powder does most of
the work all the hard part
of it without vour assist
ance. You simply direct it
GOLD DUST is the great
est aid the housewife has to
home-purity, real economy
and labor-saving.
Let the GOLD DUST Twins
show you the easy way to do house
f Do pot nsa Soip.
Naphtha. Borax, soda.
CompareOur Prices
With thoM yon bars been In the habit of paring,
and too will oe that 9 offer yon a substantial sa
lug on all work and too cannot get better painless
work anywhere, no matter how much you pay.
ftv ne Union plate ana
bridge wore for out-
- . 2 of -town patrons la
,one day If desired.
Ammonia or Kerosene PL i if': jffin. l 7
,i,h Gold Dust. GoM i,;?S?Tml7
Dual hai all desirable
cleansing rjualitiea in V Tnf
m perfectly harmlesa Wo tlllli JL
and laatiny form.
"Lft thm COLD DUST TWINS do ytm work'
For Dyspepsia
You Risk Nothing by Trying'
This Remedy.
We want everyone troubled with in
digestion and dyspepsia to come to our
store and obtain a box of Rex all Dys
pepsia Tablets. They contain Bismuth
Subnitrate and Pepsin prepared by a
process which develops their greatest
power to overcome ' digestive disturbance.
Rexall Dyspepsia Tablets are very
pleasant to take. They soothe the Ir
ritable, weak stomach, strengthen and
Invigorate the digestive organs, relieve
nausea and indigestion, promote nu
trition and bring about a feeling of
If you give Kexall Dyspepsia Tab
lets a reasonable trial we will return
your money if -you are" not satisfied
with the result. Three sizes. 25 cents,
69 cents and $1.00. Remember you can
obtain Rexa.ll Remedies only at The
Owl Drug Co.. Inc. Cor. Seventh, and ,
Washington. S treats. I
3 X rsinreM oxiracuoa
Tr' fre when platea OS
.V : a bridjze work la order.
',!li CoaaulUtion fret.
MMolarCmmt $5.00
fi Srlii l)fl i 1
dh. w. twist,
za nan auausata paaruas
"2 "S22kBrid.Ttli4.0d
f iiGold Fillinn 1-00
jE-iunl Fillings 1.00
-j Silmr Fillings .50
Good Rubber -.3
Platea 5.00
i2 Beat Red Rubber-
Plate. 7.50
Maauii Painlesa rjrtr'tlm .50
All work fully guaranteed for fifteen years,
Wise Dental Co.,inc
Painless Dentists
FHTnt Building., Third and Washington. PORTLAND. ORE,
Office Houra. t A. M. to o t. U. iuodaye, to 1
"I am all right now,
thanks to Dr. Miles'
Heart Remedy."
The same relief is ready for you.
Are you sure you do not need it?
If Dr. Miles' Heart Remedy helped
Charles Holmes, why won't it help
"I was troubled with heart disease,
and after reading about Dr. Miles'
Heart Remedy, I got a boltle. Be
fore I got the Heart Remedy I had
to sit up most of the night, and felt
very bad at my stomach. Whatever
I would eat made me feel worse, and
my heart beat very fast. But thanks
to Dr. Miles' Heart Remedy, I am
all right now. I eat good, sleep
good, and feel like a new man, al
though I am almost 68 years old. I
have been a soldier in the late war
of the rebellion, snd was badly
" Private Co. B, 54th N. Y. Infantry
Volunteers, Walton, Delaware Co,
Dr. Miles' Heart Remedy
is kept in thousands of homes as a
friend always to be relied upon in
time of need..
Sold by all Druggists If the first
bottle fails to benefit, your money
Is returned. Ask any Druggist,