g TnE.SCXD.lT OREGOXIAX. rOKTLAXP. DECEMBER 31. 1911. '
llll, II
OUR PRICES
PONT VARY
GOOD WORK CANT BE PRODUCED
FOR LESS MONEY THAN WE CHARGE
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This trreat sale commenced last week and runs through the whole month of January. Nearly every article m the stock is marked with a
special discount ticket, which means a saving to the purchaser of 10 to 25 per cent in addition to our regular cash discount Besides this
we have made countless sweeping special reductions on articles that we insist on disposing of, such as Rugs, etc , of unpopular patterns
and colorings. A ten-dollar article with a white discount ticket costs only $8.10; a red ticket would reduce it to $7.88; a blue ticket brings
it down to $7 50, or a green ticket makes it only $6.75. The high cost of living is caused mainly by high rents and high advertising ex
pense. If you want to get things reasonable, take a stroll down on First street and see what we can save for you.
DR. B. r. WRIGHT
That I will care for my tooth as I wish them to
caro for nie.
That I will sro a dentist when necessity demands
it prcforablr Dr. R E. Wright.
That, desiring pood health and a wholesome ap
pearance, the i.nlv wav to be sure of these blessings
is to consult Dr. Wright for all tooth troubles.
That as thousands have found Dr. Wright's work
entirely satisfactory and the best obtainable, and as
his prices are extremely moderate, I will also use
my best endeavors to induce my friends to avail
themselves of his unquestioned skill.
DR. B. LWRIGHT
AND ASSOCIATES
342V2 Washington Street, Corner Seventh
OFFICE HOURS: 8 A. M. to 6 P. M. Sunday: 10 to 1
Phones: Main 2119, A 2119
Seventeen Years Practice in Portland
PRIOR HOLDERS OF
WATER RIGHTS WIN
Lawyers Say Burnett's Deci
sion Recognizes Claims of
Initial Appropriator.
RIPARIAN OWNER SECOND
Surplus Ktow of Stream It Is Held
May B Taken by Settler on
Vpp-r Part If It Is I'wJ
for nencfk'lul l"urpoe.
Intil they have had an opportunity
to read the opinion of George II. Bur
nett. Associate Justice of the Oregon
Moprrnw Court. In the c of Cavlnesa
against tho Iol Uremic Irrigation Com
pany. rrii.lrrl ihla wrvk. Portland
iV)rr acuualute.1 with water rlKht
questions arc not prepared to llscuas
the probable effect of that decision aa
to the appropriation of water from
streams In thla state.
It la the generally acccptol opinion,
however, that the decision of Justlow
l.urnett recognises and support the
uoctrinc of prior appropriation against
t'.ie contention of riparian ownership.
In ctl'-t. the most recent decision of
Oregon's appellate tribunal Is to do
amir with the question of riparian
ownership In favor of the prior appro
priator. While a member of the Supreme
Court. Y. K. king, of thla city. In the
case of Huff against Torter. rendered
an opinion holuing that no riparian
rights attached to land settled upon
subsequent to March 3. 1ST". The
decision of Justlre Burnett applies to
and affects only those lands that were
Clod upon prior to the act of It".
Afsrafrialsr le ISTr4.
In the s daclded by Justice Bur
nett, the appellant had appropriated
water from a certain stream and with
the consent of a land owner. holding
land between the property of the ap
pellant and the atream Involved la the
controversy, had conveyed it acrosa the
Ciller's land and used It for Irrigation
purposes. According to the decision of
au-tice Burnett, the appropriator of
the water In this esse was entitled to
trie appropriation as against the mna
located on the lower part of the ;ream
from which t:ie water was taken.
The decision of Justice Burnett does
not undertake to deny to settlers alone;
any stream the right to the use of an
adequate supply of the flow of that
atream for domestic and livestock pur
poses but It does hold that aside from
IM or.sldrrallon. which cannot be
.ered settlers on the lower river, the
surplus flow of a stream may be
appropriated by a settler on the upper
part of the river so lone as the water
so appropriated Is applied for beneficial
purposes. It la a recognised principle
.f law In this atate. that a sufficient
supply of water must descend the
lecctn of a stream to furnish eettlers
Dwninc property a!!oirUna that stream
with an ample supply for domestic and
livestock purpose before the question
of the application of the surplus flow of
the stream for Irrigation purposes
entera Into the question.
St I sal el ma Osrejerakla la Faetsr.
The question of riparian ownership."
said W. K. King. ex-Justloe of tre tfu
prrma Court. and an authority on
question affecting water litigation,
"must be re. ofciused to the extent that
sufficient water most fl"W the entire
length of a atream to supply all land
owners along the stream with a euffl
etent quantity for domestic and live
stock purposes. When thla haa been
provided, then the surplus, according to
Justice Burnetfa decision, la available
for appropriation by any aettler o long
as the water so appropriated la used
for a beneficial purpose, regardless of
the contention of so-called riparian
owners on the lower part of the stream.
This Is the determination of the
question to which the authorities of the
state having the matter of distribution
of the watera of the various streams
must come eventually. It la a ruling
perhapa two or three years In advance
of the ttmes but It will be found to be
the only feasible solution to a problem
that has confronted and perplexed the
authorttlea of this state for some time."
lithe lawyers who havo had more
or less experience In the trial of water
right suits In the courts do not agree
with Mr. King In his eetlmalo of Jus
tice Burnett's decision. Among thorn
re Jay Bowerman. who haa tried a
number of rases Involving the question
of the right of distribution of water
In the streams of Eastern Oregon.
Beweraeaa CWIvea atafesaeaC
"Under the ordinary accepted idea
of riparian rights In tho matter of Ir
rigation, all riparian land haa an equal
right to the flow of tha waters In a
stream so that each aero Is entitled
to Its proportionate part of tho total
flow, having a regard only to tha n
eessltlea of tho different tracts." said
Mr. Bowerman yesterday. "In other
words, the owners of riparian lands
havo beon considered tenants In com
mon In the flow of a stream, each
owning a portion of all the water
equivalent to his portion of all of the
land, having regard, of course, to the
requirements of tho different tracts.
"This rule, has had only a alight
application in the arid portions of tho
slate for the reason that it was In
applicable undt'r conditions In an Irri
gated country.
"I'ndcr tho riparian theory, the last
settler on a stream has a right equal
to that of the first settlor, although
tho supply of water may bo entirely
Inadequate for the needs of all and
the tlrst settle-, as tho country sottled
up. would gradually bo divested of his
osier right, with tho result his lands
In tine would bo rendered lees val
uable. If not valueless.
"In all public lands tho Federal Gov
ernment la tha owner not only of the
land, but tho water. In other words.
It Is the riparian owner. In 117.7 tha
Government, as riparian' owner, by an
act of Congreea. authorised a settler
to take all of tho waters of any atream
on public lands and divert and carry
the same away to bo used for certain
purposes. Including Irrigation. This
art sanctioned what la known as tha
right of prior appropriation. Under
It a person gains an absolute right to
divert and use forever tho amount of
water necessary for the irrigation of
his land.
Xev ttettlersr Rights tstsadary.
"TV hen the water has boon appro
priated, diverted and applied to a ben
eficial purpose, under thla theory the
right to continue the use becomes a
property right which can be pro
tected. New settlers or new users take
only the watera of tho stream remain
ing after the requirements of previous
apprftprialors have been supplied.
Many decisions heretofore have held
that no appropriation could be made
which would take from a stream ao
much water that there would not be
left a sufficient quantity to supply the
requirements of riparian owners for
use upon their lands for household
and domestic livestock purposes.
-t seems to me that the decision of
Justice Burnett simply reduces contro
versy over water rights to a question
of priority and I am Inclined to the
opinion It Is good law." said George F.
Martin, yesterday. "As I understand
tha decision. It recognises the rights of
both the appropriator and the riparian
user so long as the water that Is taken
Is used for beneficial purposes. The ri
parian owner baa the nndlaputed title
to a sufficient surply of water from a
stream to serve his domestic and live
stock requirement and tha surplus
flow Is subject to appropriation In order
of priority for Irrigation or other pur
poses. This gives the riparian owner
and the nnn-rlparlan appropriator equal
opportunity for appropriating the flow
of a atream so long aa the water Is
applied for beneficial purposes. "
A compact sound-peoduetng Hiachtns tor
dm In cocncti"ti alto motr pictures eaa
fad to prt1ea aa eiff.rant effects
sierma. ! fcesie. Mri of surf, braak
U( of :aaa aa anas ae
III
Io Discount
On Goods Marked
With WHITE Tickets
V2Io Discount
On Goods Marked
With RED Tickets
P22P0 Discount
On Goods Marked
'With BLUE Tickets
25
Io Discount
On Goods Marked
With GREEN Tickets
WONDERFUL RUG
VALUES
S 8.00 Brussels Rugs at $6.6Q
$10.00 Brussels Rugs at $7.75
$11.00 Brussels Rugs at $8.5Q
WONDERFUL RUG
VALUES
$16 Brussels Rugs at $11.65
$25 Axminster Rugs $15.95
$48 Wilton Rugs at $31.00
,M 1 11,1 1 1 j
U
'Us
Sanitary Steel Couches $3.98
All Ladies' Desks
Reduced $7.50
Is the sale price oF a good
little Lady's Oak Desk, like
illustration. liegular value
$10.00.
x- ,
SANITARY STEEL DAVENPORT, $5.a.5
These goods arc regular iu every respect, not cheap
trash, bought for sale purposes. The Couches arc worth
regularlv $3.50 and the Davenports $7.50. Both are in
destructible and will last for years of ordinarc usage.
Heating Stoves and Ranges Reduced
$ 2.00 Heating Stoves of sheet iron $ 148
$ 6.00 Heating Stoves, with cast top $ 4.75
$10.00 Heating Stoves, with cast top $ 7.90
$30.00 Steel Ranges, high closet $24.75
$40.00 Steel Ranges, high closet $33.00
AH Library Tables
Reduced
We have every finish you can think of pol
ished golden, fumed, wax golden, Early Eng
lish and mahogany. Table here dy A C
illustrated P
This is a good Oak Table; regular $10 value;
size 42 in. long and 24 in. wide, with a drawer.
Your Credit Is Good
"We sell on easy pay
ments and carry in
stock everything to fur
nish your home completely.
vFifcVs..
f A GOOD PLACE TP TRADED
Special Offerings This Week
Our Bedding Depart
ment offers Sheets,
Spreads, Comforters,
Blankets and Pillow
Cases at lowest prices.
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BRADY 1ELLS OF TRIP
GOVERXOnS' SPECIAL ADVER
TISED WEST HE SAYS.
Toor of EaM. Declared to Hare
Shown Need ' Co-operation
Among Coast Suites.
rOCATELUD. Idaho. Pec. 30. (Spe
cial.) F.x-Governor James II. Brady.
originator and sruldlns; spirit of the
famoua "Governors' Special" train, re
turned today to his home in this elty.
-I traveled more than 10.000 miles In
connection with the running; of the
Western GoTernors' train." ha said. I
made two trips acrosa the continent.
Tisltsd every Western State, and made
different trips to San Francisco. Salt
Lake. Boise. Spokane. Helens, Butte,
Omahh. Denver and St. Paul.
-The train visited Chicago. Buffalo.
Xew York City. Washington. Baltimore.
Philadelphia. Harrlsbura-. P'ttsburR.
Columbus. Cleveland. Dayton. Cincin
nati and other cities and returned to
St. Paul with two more Governors than
we started with.
"At tha finish of the trip the West
ern Governors held a conference at St.
Paul, where the results of the trip
were cast up. This to-ir means that
Governors of the Western States have
come to know eu.-h other better and
have come to realise the need of co
operation In the West, in order to se
cure that attention In the Kast and
from the National Consrress which the
West deserves. I predict that In fu
ture, rea-ardless of politics, the Govern
ors of the West a-ill work together In
harmony and that this will result In a
greater advancement of the West In all
wave.
-Take It all In all. the Western Gov
ernora' special was a university on
wheels with eight Governors as In
structors, everyone of whom had grad
uated from the field of a worthy and
useful life and they taught the people
of the Kast many things they did not
know relative to the advantages of life
In the West and the result Is Kolnjr to
be felt for years to come. i
"Kach i;oernor on the trip had a dif(
ferent line of Ihouaht to express and
Uovernor West, of Oregon, always told
Id a forceful way of the arrest timber
resources of his state, of the advantages
derived from tha seaboard traffic and
of the Oregon system of civil government."
PELT BOUNTIES ARE LARGE
Trapper Gels fMS for 30 Coyotes, 8
rtobcats and 5 Timber Wolves.
OOLPENDALK. Wash.. Dec. SO. (Spe
cial.) Harry Vsrnell. of Bickleton.
Wish, who haa devoted the past three
months trapping coyotes and other ani
mals on which there Is a bounty, ap
peared at the County Auditor's office
this morning with 30 coyotes, S bob
cats and S timber wolves.
For this collection he received $145
bounty. Mr. Yarnell received about the
same amount as bounty reeeniber 4.
The state has paid him about $300
bounty on coyotes this year, and It is
estimated by stockmen in different
parts of the county that their Industry
has been benefited to the amount of
IJO00 by his work alone.
Mr. Yarnell Is a very successful trap
per, and has collected about (1000
worth of fur. which he will take to
New Tork City.
Chchalls Flax Fiber Taken East.
CHEHALIS. Wash.. Dec. 30. (Spe
cial.) Joseph Schuss. manager of the
department store of Hartman & Nath
an, will leave Tuesday on an extended
Kastern trip to New York and other
centers on business. Mr. Schuss will
take with him a number of samples of
Chehalls flax fiber and its products and
will visit several linen mills. It is
hoped to find some one in the East
who may become Interested In the pos
sibilities of linen manufacture in the
Northwest at this place. It has been
demonstrated beyond question that flax
fiber of tho highest quality can be
grown here successfully.
GIFTS STOLEN ALLEGED
Chauffeur and Woman Accused of
Theft After Display of Goods.
Display by an Oregon City mother
nf rKH,rmna srifta from her daughter.
made to the woman from whom they
are alleged to nave oeen aioieo. mu
to the arrest of R. S. Johnson, a chauf
feur, and Mrs, Mary Baldwin. 1 yeara
old, by Detectives Coleman and Snow
. Th. wn wsra taken to Ore-
nt h a constable from that
(, u . j
place to answer a charge of stealing
a quantity or silverware nu
goods.
T-i- fa. V. t,ns Hn married
before, is the daughter of Mrs. Naylor
In Oregon (Jity. to wnom una prui
a dress "pattern" at Christmas time.
Mrs. Naylor displayed the gift to a
neighbor, whose house had been rob-
bed several months ago of various ar
ticles. Including about 65 pounds of
silverware. The woman said nothing
at the time, but obtained a search war
rant for the Naylor house, hoping to
find the stiver there also. It was not
discovered.
Detectives in this city were appealed
to several weeks a cro, and arrested
Johnson, who was also charged with
stealing automobile equipment here.
Remedies are Needed
Were we perfect, which we are not, medicines would
not often be needed. But sinoa our systems hsve be
come weakened, impaired aad broken down through
indiscretions which hsve gone on from tha early ages,
through countless generations, remedies en needed to
aid Nature in correcting our inherited and otherwise
acquired weaknesses. To reach the seat of stomach
weakness and consequent digestive troubles, there is
nothintf so good as Dr. Pierce's Golden Medical Discov
ery, a glyceric compound, extracted from native medic-
inal roots sold for over forty yesrs with grest sstisfsction to all users, for
Weak Stomsoh, Biliousness, Liver Complaint, Pain in the Stomach after eating.
Heartburn, Bad Breath, Belching of food. Chronic Diarrhea and other Intestinal
Derangements, the "Discovery" is a time-proven and most efficient remedy.
W fit
The genuine haa on its
outside wrapper the
Signature
a . 1
You can't afford to accept a secret nostrum as a substitute tor tnis non-aicw
holic. medicine ow .sown coMrosmoN, not even though the urgent desler msy
thereby make a little bigger pro6t. .
Dr. Pierce's Pleasent Pellets regulste and invigorate stomach, liver ana
bowels. Sugar-coated, tiny granules, easy to tske as candy.
t. ... . tminH that the silver had been
shipped out of the city. It was traced
and turned over to the Oregon City
authorities.
A Stolnway Piano
for rent or sale. Call at once. Sherman
Clay & Co.. Morrison at Sixth.
Coal IS up. Edlefsen Fuel Co.
Christmas Holiday Fares
on the
U - - aaT aV
ObDcNttsnASIAI
ROUTES
Account the Christmas and New Year Holidays, a
special Round Trip Rate .from Portland to all points
in Oregon has been authorized of
One and One-third Fare
Also
Between All Stations in Oregon and California
Where Regular Fare Is Less Than $15
SALE DATES
December 23, 24, 25, 30 and 31, 1911, January 1, 1912
Final return limit January 2, 1912
For full particulars call or write to
JOHN' M. SCOTT,
General Passenger Agent. Portland. Oregon.