EIDDENG SEAS OF DERELICTS THAT MENACE OCEAN USERS.
V . - .
A 90O fHXMT XV A ' '' (JlMg!'?' a !
STATE CONTROL OF WATFR.
Over n year ngo the Treasury Department invited bids
for the coiiKt ruction of a craft specially etiuippt'd for the
destruction of the many derelicts which nre a continued
nieniice to vessels on the high sens.
This derelict destroyer, which has lieen named the
Seneca, hns a wireless equipment, which euahles her to
receive and give information as to the location of dere
licts. In uJJlliuii, the vcrre! Is r"v!'M with nn am
munition room, stored witli high explosives, for sinking
unci blowing to pieces flouting lu.lls and wreckage. As
In warships, prevision Is made for flooding the magazines
in case of any emergency. The destroyer is furnished
with an equipment designed to assist her in salvage and
life-saving work, for which her size and the 1,700-horse-power
engines will render her highly elllclent.
It would seem to require some vessel, specially
equipped as this one Is, to clear the seas of the wrecks
which now incumber them. In recent years It has been
tiie custom for a rescuing ship, after taking off the crew
of a etorm-beirten vessel, to set fire to the. wreck. Hut
a derelict Is rarely, If ever, destroyed by this means,
and for the good reason that when a wooden sailing
vessel, which Is the type of craft that the majority of
derelicts are made of, reaches a condition when Its crew
Minis It Imperative to abandon. It, the hull, as a rule,
has become waterlogged, and the ffore efforts to de
stroy It by (Ire are almost always unsuccessful. Such
II res as are kindled do little else except to burn away
the upper works, thereby leaving the wreck still more
Invisible.
Through Its hydrographlo office, the Navy Department
contributes much to the safety of all who travel upon
the seas. It publishes charts, sailing directions and
other aids to navigation; it Is constantly searching out
the dangers of the ocean and putting its results into con
venient form. It is truly the "track walker' of the
great deep. A recent issue of its monthly chart shows
live derelicts now washfug about the North Atlantic.
And, with the perversity of Inanimate things, they seem
ever to be where they are least wanted and where their
presence is most potential of harm. Partially submerged,
scarcely detectable by day, and almost If not wholly In
visible by night, their very existence Is unsuspected, and
the question of plumping Into them at night or In thick
weather Is one of merest chance.' The sodden und sullen
things make no signal, give no warning.
The danger that lies in them has been frequently ex
emplified. Many disasters are known to have been due
to collision with these half-hidden dangers, and It is
believed that many In that melancholy roll of "miss
ing" have staggered away from such Impact to plunge
under with bows crushed in and water roaring Into holds
and Are rooms. i
Most derelicts are the wrecks of lumber-laden sailing
vessels, "flontlng on their cargoes," as the Lloyds phrase
It. But not long ago a steamship was added to the list,
and drifted about the North Atlantic as a menace tfl
shipping for nearly four months. This was the Dun
more, wrecked on the coast of Europe. No action, was
taken for Its destruction until the British government,
moved by numwous complaints, sent out a squadron of
warships to search for and destroy the wreck. The
search proved unavailing, the vessel probably baring
foundered before the quest was begun.
THE OKIGIN OF FLOWERS.
There were no roses till the first child
died,
No violets, no balmy breath heartsease,
No heliotrope, nor buds so dear to bees,
The honey-hearted woodbine, no gold-eyed
And white lasht daisy-flower, nbr, stretch
ing wide,
Clover and sowslip-cupB, like rival seas,
Meeting and parting, as the young
. spring breeze
Runs giddy races paying seek and hide;
For all flowers died when Eve left I'ara
dise, And all the world was powerless
awhile.
Until a child was laid In earth,
Then from its grave grew violets for its
eyes.
And from its lips rose-petals for its
, smile,
And so all flowers from that child's
death took birth.
Maurice Francis Kgan.
Glockner's Scheme $
beln' lie don't need no hired man's
long's he's got Malvlny. An he don't
need to lack for anythln' Jim Sellers
has got for the same reason an' Dave
Harper will break all the colts for
him that he c'n raise."
"Oil, shucks r . said the storekeeper.
'Pretty as a little red wagon, ain't
she?" said the storekeeper, admiringly,
as he stood In the doorway and watch
ed the poppy-trimmed straw hat going
down the street. "She's a stlrrin' up a
right smart o' trouble, too, they tell
we."
"It's nachel she should," observed
Marvin I'arsons, his gaze also follow
ing the retreating hat. "There'd orter
be a law compelllu' any gal that's got
niore'n her fair share o' good looks to
settle down ou some one feller for bet
ter or for wuss by the time she gits to
her eighteenth birthday."
"That mout work, an' then again It
nioutn't," said Washington Hancock.
"n some respec's It's right an' fair, au'
' others it 'ud work hardship."
"How's that?" asked Solomon Raker.
"Who was It broke old Blgley's
2-year-old for him?" asked Hancock.
"Dave Harper, wasn't It?" said I'ar
sons.
"Dave It was," said Hancock, with
l grin. "Who was It loaned Blgley his
ivagon an' worked half a day flttln' a
ood new reach to It, an never charged
the old man a cent for the use of It
for over a year?"
"I guess that was Jim Sellers," said
tto storekeeper.
"Who's Blgley's hired man?" Han
cock Inquired.
"He ain't got none," answered Par
sons. "I don't call to mind that he's
had one for four or Ave years. WhyT"
-Yes, why?" repeated Hancock.
That s what I'm asking you fellers. If
you don't know I c'n tell you. It's
"There was old man Glockner," said
Hancock. "He had a gal, that was Jest
seen another as Malvlny Blgley. She
was red headed as Malvlny's dark com
plected, but they was both alike In one
way. All the boys was plumb crazy
over Joanna, Glockner an' all the gals
Jest nachelly doesplsed her. She was
the plumpest, peachlest,' sassiest little
gal I ever laid my two eyes on. I
reckon the Lord Almighty never turn
ed out a prettier Job lu the woman line
liefore or sence. If He did there was
a lot of young feller's that got -the
wrong Idee about It. They was swarm
In' around the Glockner place thieker'n
llles, and It went on that-n-way for
nigh to four years.
"Flu'ly Caleb Wells got Joanna off
by herself one day an' says he. 'I
ain't comln' 'round here no more.'"
"'Why not? asks Joanna, smilln'
up at him. 'Don't you like us?'
" 'I like you too blame well to stand
around an' watch a hull passle 6'
coots makln sheeps' eyes at you,' says
Caleb. 'I've tried my derndest to get
you to say whether or no you'll take
me, an' beln' as you can't make up yo"ur
mind I'm goln' to sell the place an'
move out to Utah.'
" 'How do you know I can't make up
my mind?' she says. 'P'raps I've niade
it up. But o' course If you're goln'
to Utah It ain't no use my tellln' you.
How many wives do you allow you'll
take out there?
"Caleb ketches holt of her ani. she
didn't squirm none particular.
" 'I reckon I won't go to Utah,' says
Caleb. 'Mlzzoura's good ' ernuff for
me.'
inn mere b tnis aoout it.' says
Joanna, after a while. 'Things has
got to go on Jest the snme ns they has
been goln'. Paw's goln' to be mad er
nuff as 'tis.
"'What do you mean?' asks Caleb.
" 'You go see paw an' ask him,' says
Joanna. 'He's over by the corn crib
watchln' Lee Robinson shuck. Paw's
hands has got the rheumatlz an' Lee
said he'd come over an help him out.
Meblie Jack Ritchie's there, too.
" 'I'll see to Lee and Jnck later on,'
says Caleb. . 'Here goes for the old
man.'
"He goes over to the corn crib an'
there's the boys up on a wagon shuck
In' away for dear life. Old man Glock-
uer, fat's settln' down smokln' bis pipe
an' eucouragln' 'em. 'I never see bet
ter, quicker, cleaner shuckln'.' he says,
as Caleb walked up. 'I must have Jo
anna come out this afternoon an see
you all shuck. Why, here's Caleb I
Howdy, Caleb? Do you reckln you'll
ever git so's you enn shuck corn as
lively as that? Try it wunst.
"'I hain't got time, now,' says Ca
leb. 'I want to speak to you on some
private an' particular business right
away.'
'The old man got up an' after tell
In' the boys to keep right at It, he fol
lers Caleb around to the back o' the
bnrn.
" 'I want to tell you that me an Jo
anna's goln to get married, an' I
thought I'd see If you didn't want to
give me your hlessln',' says Caleb.
"The ol' man looked at him steady
for a minut'. Then he says very slow :
'I don't want to give you a cussln' on
less you drive me to It, Caleb, but you
ain't goln' to do no sech a thlilg.
You're welcome to come here with the
rest of the boys an' be neighborly -like
they all are, but I don't want Joanna
to decide on nothin' yet awhile.
'"Why not?', says Caleb.
" 'I've got my prlvlt reasons,' says
the old man, strokln' hls billy-goat
heard. 'An' I've also got a shotgun.
'"It's In the house, ain't it?' says
Caleb.
" 'Yes, It's In the house right handy,'
says the old man.
'"Onless you're a better foot-racer
than I take you for I can beat you to
It,' says Caleb. 'Joanna's In my buggy
right now an' If I can't make Squire
reterson'B with her by the time you're
out to the front gate with your shotgun
I'll farm this place five years an' not
charge you a cent.'
"Old man Glockner looked over to
the house, an' there by the gate, shore
'nuff was Joanna In Caleb's buggy.
" 'Caleb,' says the old man, .'why not
let things go on the way they are for
a few years an' not say nothin' to no
body? Then, if you want her yo
can have her. '
"Caleb shook his head.
"'Will you wait till after harvest
then?' ,
'"No, slree,' says Caleb. Til wait
long enough for you to get on a b'lled
shirt an' go with us to the squire's.'
" 'See here, Caleb, says the old man.
Thar's no use beln' mulish about this
thing. I'll compromise with you. You
wait till eveuln' until after Lee an'
Jack has got that corn shucked an'
In the crib an' I'll go with you to the
squire's. But I'm bound to get that
much done. It's the last free help I'll
get "Kenneth Harris In Chicago
Dally Newa
Paper Presented at Recent Meeting
of Oregon State Grange.
By John H. Lewis, Stmt Engineer.
When we see the miracles wrought
by irrigation and think of the potential
energy of our streams as representing
thousands of acres of the most valuable
coal lands, it is no "wonder that we
hesitate to challenge the statement that
the water resources of Oregon are to
day its most valuable asset. Yet our
, legislators have persistently Tefused to
enact laws governing the use and distri-
; bution of this valuable commodity.
Tar-sighted corporations are rapidly ac
quiring perpetual franchises to the use
of water for power development, with
out present or possible future compen
sation to the public, from whom the
privilege is acquired.
Through the lack of a reliable record
of vested rights to the use of water,
ths public has no means of ascertain
ing the location and amount of unap
propriated water which is available for
new uses. Large quantities of water
are being held without use through
actual or threatened litigation, and the
intending investor or settler moves on
to mors progressive states, where water
rights can be secured by application to
the state officers, and when granted are
protected, the same as other property
rights. The holder of these question
able vested rights joins with the power
interests in opposing the enactment of
any law providing for public control
and making beneficial use the basis of
"ights to ths use of water.
How Water Is Appropriated.
Any person ean acquire i water
right by simply posting a notice at the
proposed point of diversion, stating the
amount of water claimed, the intended
nie, and recording a copy of the notice
at the eounty court house. If the water
is to be used for irrigation purposes, a
certified eopy of the notice must be
filed with the state engineer within 30
days thereafter. It makes no differ
ence if the waters of the stream are
already fully utilized at points below.
The notice can specify any amount,
even though such, amount exceed the
regular flow ef the stream. It may be
impossible to use the water beneficially
for the purpose as claimed, but that
makes no difference so long as Construc
tion 4 commenced within six months.
Your title is then complete, but the
reeord is not completed by the filing of
proof that work has commenced. By
refiling every six months, a water right
ean be held without the performance of
any work until some legitimate Investor
trys to secure control of the same water
right. Then work must be commenced
and prosecuted with due diligence. Un
der this law one of our leading attor-
l sere has stated that a one-armed man
with a shovel, employed at. tht intake,
I ean hold a water right indefinitely.
) Thus the legitimate investor must first
bay off the notice man, who has eoa-
tributed nothing to the public welfare.
Even the payment of this blackmail
' j i i. .... . ..
uuc uui. give aim clear line to Ice
necessary water, for the apparent sup
ply may, perhaps, all be fully utilized
in the adjoining counties below, through
which the stream runs.
In the absence of state control, the
only way for this investor to even
guess at the amount of unappropriated
water is to first measure the stream,
and then travel down the same, meas
uring the maximum capacity of each
ditch, to ascertain how much of this
water has already been appropriated.
. If the stream is a hundred or more
miles in length, this task alone would
j discourage the most enthusiastic in
jvestor or settler. Then the records of
water filings, under our present laws,
'must also be examined to ascertain how
j many rights have been initiated which
imay ultimately become vested" and
, prove prior in time to his right. No-
tlces claiming water, posted in thick-
-io muiiK wie uHiiKj or a stream, can
not be found and are, therefore, of no
value to him. The county records are
of but little, If any more value, as the
recorded claims to water invariably ex
ceed many times the regular flow of
the stream. For example, the records
of Baker county show claims to the
waters of Powder river for irrigation
purposes amounting to over eighty
times the flood flow of this stream at
Baker City during 1905, and the 1,145
reeorded claims for all pnmoses
amounted to over one hundred and
eighty times this flood flow. These
claims, therefore, cannot all be vested
rights, and it is impossible to ascertain
from the record which, if any, are valid,
or ultimately may become vested. Be
sides, many ditches have been built
and water diverted without any public
reeord whatever. In a separate record
will be found court decrees affecting
titles to the water of this same stream.
These decrees may divide the water
among a minority of claimants, without
any consideration whatever of the
rights of the public in the unappro
priated waters. The eounty record thus
serves enly to cloud title to unappro
priated water and discourage invest
ments. The stream under consideration by
the investor may flow through or bor
der on two or more counties where wa
ter titles are equally as complicated as
described for Baker eounty. To ab
stract the water records of the
Deschutes river would require a jour
ney of practically 1,000 miles, and the
examination of ths worthless records
of five counties.
Under the 1908 aet, all filings for
irrigation purposes were to be recorded
In the state engineer's office at Salem,
but no penalty was provided to en
force this provision. Out of 138 filings
la Baker eounty under this act, only
five were reeorded at Salem. . Thus
what -was intended for a complete ree
ord is, therefore, of no value to the
public.
Resulting Litigation.
The conditions in California are
identical with those in Oregon. Tne
Commonwealth club has labored for
years to secure the enactment of mod1
em water laws, and in the proceedings
of this club we find the statement that
the. bar of California was delighted to
find in their primitive water laws such
a fruitful source of income, and did
nothing to remedy conditions. "The
statutes in question have been the
foundation of some of the larjre for
tunes of California, but these fortunes
are he'd exclusively by "the attorneys
of record of the misguided individuals
who availed themselves of the privilege
granted by these statutes."
A ense-is reported where ditch "A"
sued ditch "B" and upon the sworn
evidence introduced obtained a decreo
giving it a priority of twenty cubic
feet of water per second. Ditch "B"
sued ditch "C" with the same result,
and ditch "C" thereafter sued ditch
"A" with the same result, and there
were still 25 ditches diverting water
from the same stream whose rights were
not determined.
Along the Walla Walla river in Ore
gon, litigation to secure a proper di
vision of the stream has been in prog
ress for about 30 years, without settling
a single issue. This experience is typi
cal of many other communities and
should serve to demonstrate the failure
of the present system of distributing
water by the courts, through injunction
proceedings.
There are approximately 200 ditches
diverting, water from this stream in a
distance of 10 miles, for the irrigation
of some 5,000 acres. Nearly 500 per
sons or -corporations have been made
parties to the latest suit, and 25 law
yers retained to protect the various
rights. When the decree is rendered,
the relative rights of the various
ditches will be known, but how will the
water be divided among them? The
pioneer irrigator knows that the court
cannot deny him his usual water sup
ply, and though his right has been de
termined for perhaps the second or
third time, the question is still, how
to get this water at the time when
needed. How will he determine which
of the many ditches above is diverting
water without right, in order to bring
an Injunction suit against itt
The decree is binding only on thf
parties to the suit. New appropriations
ean and will be made, thus forcing new
litigation. The same conditions which
broupht on the present suit still exist
and this decree, without additional leg
islation, will be of no jnore value in
settling conditions than former decrees.
The supreme court, by consistent de
crees, has enacted practically all the
water law of this slate. To expect the
court to provide In their decrees for the
complicated administrative machinery
to make water decrees effective looks
like a complete shifting of the burden
from the legislature to the eourts.
This, in the opinion of leading water
right lawyers, is not possible.
One of the leading attorneys In the
Walla Walla river case estimates that
the presont suit will ultimately cost be
tween $20,000 and $25,000. This enor
mous drain upon the agricultural re
sources of this small valley, for a nega
tive result, cannot help but retard set
tlement and discourage capital.
The purchase of a water right in
Oregon means the purchase of a law
suit. No litigation over water rights
in this state has ever settled any issue
so that it cannot again be raised. Th'e
decrees are binding upon only the
parties to the litigation. These decrees
often serve to cumber title to the un
used waters, as the state, interested in
preserving the unappropriated waters
for future users, has not been repre
sented in court at trials of these cases.
Conserving Our Waters. '
In the arid portion of this state th
area of irrigable land far exceeds the
regular water supply. The summer
flow of these streams can be increased
many fold by the storage of water in
the mountains, and using the natural
channel to convey such water' to the
place of intended use. This class of .
development, which is encouraged and
protected in Wyoming, Idaho and other
states, is absolutely impossible in Ore
gon, except under the most favorable
conditions. Capital will not invest in
such storage works until the state pro
vides the necessary administrative ma
chinery for protecting stored water as
it passes down the stream past numer
ous diteh diversions to the plats of in
tended vuse.
No Bute Protection.
It is not a crime In Oregon to steal
water. In fact, the law encourages it.
As stated above, any person can ac
quire a water right by posting a notice '
or digging a ditch and diverting water,
regardless as to the area of crops de
stroyed at the lower end of the valley
by such wrongful diversion. Without
the necessary administrative machin
ery, and a reliable record of vested
rights to the use of water, if would bs
impossible to enforce any criminal law
covering water, even if enacted.
Theft of water in an arid region is
as serious a crime as destroying the
crop of another, since It amounts to
the same thing in the end, ytet this
state maintains no department "having
control of diversions from publie
streams. There is no department to
which the homeseoker or investor ean
write to ascertain if the water rights
claimed for constructed works are as
represented, or whether any unappro
priated water remains in a certain
stream. Even if unappropriated water
exists, there is no method provided by
law for acquiring clear and undisputed
title to this water from the public, to
whom It belongs.
It requires constant litigation on ths
part of early appropria tors to seeure
their rights. Where the price of justice
exeeeds the value of the water right
the plaee must be abandoned. '
(CONCLUDED NEXT WEEK.)