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DAILY EVENING EDITBII
....nf In wo
, idrt"-the East
JAdi.urc a House
Eastern Oregon Weather
Tonight .and Thursday, tain
snow. Brisk hlRh winds.
PENDLETQK UMATILLA COUNTY, OtlEGOST, WEDNESDAY, NOVEMBEK 11, 1003.
Itatus of Legislation
stom With Regard to
... -ruio PFRPECT.
.. inii3ted and In.
Application of the
U, of loaa wouia
. renditions. But
Needed iwucn neon"1""
Upon the Commission.
.Uln nrlitrnMU WflH dO-
Hon. Will R. King, of
lie "Organization of lr-
...lHln 1 In MumifllflllV
Dliiatllla county, as tno
to be organized unuer uie
of this state, was at
Us county, lust aummor,
Is author of tho Oregon
t,l isdb. and has made a
.f lhA oiihlnct Mr KlllE
01 me UUlUUHUUi
nsi nH iintuiuu lu iuoau
LIJ.I 1 1 1. I
i . . 1 1 1 . ...!
T inprn ih nil iliiiiiiiiiiiiith
pracucany ueyonu ques-
in the various localities
. ana is not. uiuicuit iu
the necessary capital.
government scums wiu-
md the arid west cau bo
Tnpra Tnnv nnw ,ni.
ima pruuiuiu can ue
(ejected by tlio govorn-
as thoso now existing,
n OI1M Innn ...ntln..,. rt
most perplexing of ques-
11 MCendH Tim Hnmnnrl
My trouble over arises
awn fiilrh nnnuhititltf
mterfprntifn tVrtnt IiIli
(I fit! I it tlm ........ i t
LUft fl 1 if tl pa fiti,l ilwi .
cn tnen arise. No con-
UH VJ LlltJ lallaVMlllL.
vuvii 1U1J UU UH
contlnuo to arino in tho
come from thn intoiM.m.
U.0 H I
peculiar facts and con
nay exist In each case.
- vi iuu irriKauin
ui wiu wiiinr nr.
ft!...-- .. .
- -rviuiiiwiud, Wn8 nny
y our stati In i,.ioii
" apply to corpora-
present c av then.
mi ri M...I.
if lr question lo
u nircaniB hnvn
.- ulu riKiiiB or
.7 'tanrii in run
vu ro nonn nri
amn .. .
--.UK U( n ,ecomes
CAJft ... ...
t .V. v"utlnu to nrlso
i SSpto! An Rct ot
1 7hi a 0ul(1 attompt
water should bo en-
"eam Dll a norso
Z Wm and
7 nparkn t.r,.ni...
en i j ""cn two
" 11 Olio fr.,
A rniiotl...., .
- "anis nf tv, ...
od In this stato by legislative enact
ment, tho same as It Is now In Idaho,
Utah and other western states. As
It Is wow It becomes a very serious
and complex problem.
Wnllo many do not seem to realize
It, It Is a aottlod proposition of law
In our state that the doctrine of ri
parian ownership, to a limited -extent,
Is In forco. It Is true the doctrlno as
applied In 'England and the old com
mon law doctrlno 1b not In force, for
It Is found not to meet and conform
to tho existing conditions as they aro
In the West. Tho doctrine as en
forced In Oregon Is what wo might
term a compromise. Tho courts have
taken a middle, ground between the
doctrine of prior appropriation and
that of riparian ownorshlp as con'
Rtrucd undor tho old common law,
For oxample: It has boon held that
a man may claim tho wiuors of a
stream which flows through his land
cither as a riparian proprietor or a
prior appropriator. but he cau not do
both. It -a stream of two hundred
'Inches should flow through a farmer's
land and ho has appropriated ono
hundred and claims that apnroprla
tlon as prior appropriator of tho
stream, he la presumed to Invvo satis
fled htfl wants and cannot 'complain
if others nbovo him appropriate tho
balance, oven though ho Is n riparian
proprietor upon tho baiilts of tho
stream; but, if on the other hand,
ho haB not diverted tho watorB of tho
stream and assorts his rights as n
riparian proprietor thoreof he may
stand upon his legal rights and pre
vent tho diversion of the flow of sucli
Btrcam, if It can bo Bhown that he Is
Should Amend the Constitution.
The soundness of this construction
and the application of tho law to tho
conditions of tWs country, wo think.
can hardly be questioned. The criti
cism of these conditions and this con
struction, application nnd interpreta
tion of tho law arises principally from
a failure to take Into consideration the
fact that wo aro working under a dif
ferent constitution from that of our
neighboring states; and tho fault is
not with tlio courtB, but with the law
making powor of tho Btate. Tho peo
ple are In fault in not amending our
constitution by which wo would keep
pace with the ntntes of Idaho, "Wash
ington and other western states on
the question of Irrigation.
We should remomcor mat me courts
are not Intended to make laws but to
Interpret them. They cannot amend
tho constitution nor change tho stat
utes. That rests with tho people and
their representatives In the legisla
tive halls. We should, by all moans,
have a constitutional convention to
meet the many now condltlonB arls-
THE NEXT COn
WILL MEET IT HTARIO
A. H Devers of Portland Re-elected president of the State As
sociation, and E, P. Dodd of Pendleton Secretary.
Continued on pago5.)
MINERS ARE OUT
COLORADO AND NEW
MEXICO ARE TIED UP.
jo-. , -v,l iii inrriu-
. iu Jmnatlop
"'a tho nasi t vu antl
ni, 2'r years
JoJEft. d this
In Wyoming and Utah the Strike Is
Not Yet Effective The Coal Mln.
era' Union Is Adding New Members
Denver, .Nov. 11. The tie-up in the
Colorado coal flelds In consequenco of
tho striko order Issued by Jolm Mitch
ell, president of tho United Mlne
workors of America, is moro oxtcn
blvo than operators had anticipated or
union leaders expected.
Colorado and New Mexico Tied Up.
In Las Anlmns county, the princi
pal battlo ground, tho union leaders
assort that only 100 of the 7,000 men
employud by tho various compaules
nro working today. The operators,
however, declare that they still have
about 1,000 men lu tho mines.
In Hucrnfano county aro l.soo
miners, ot whom more than 1,000 are
already on strike and tno lenciurs ure
confldont that they will succeod in
inducing iho remainder to come out.
Prnntlrnllv nil thn 1.700 minors In
Vrnmnnf rnuntv urn Idle.
In tho northern Hold 1,500 mineral
aro on striko and about 400 are work
ing on small. Independent properties
at wnlch all tho demands oi uie men
have beea conceded.
In Wostorn Colorado about 1,000
minors aro working, but organlncrs
aro liunv fimnncr them.
Union loaders at Trinidad say that
80 per cont ot tho miners in fJow
Mexico havo gono out. In Wyoming
and- Utah tho strike has not yot be-
No vlolonco or disorder lias bceu
reported anywhoro In tho conl re
gions. Taking In New Members.
William Howolls, district proslilont
of the United Mlnoworkors, said to
day that alnco tlio striko was ordered
moro than 2,000 members had been
added to tho unions, '
Tho Colorado Fuel Company has
given notice of ojectmont of miners
from company houses unless they re
turn to work Friday,
Miners Are Gaining.
Denver, Nov, 11. Tho coal striko
situation Is unchangod oxcopt that
the minors nro" making stoady gains.
Tho supply of coal Is short and sever
al large manufactories will bo forced
Llcht. doroocrat. was elected moyor
of Gonovq, N. V., by one vote.
Delegates Go Home With the Best of Feeling Towtrd the People of This
City Oregon Will Have a Rousl ng Delegation at El Paso In 1904
Resolutions of Thanks Adopted and the Visitors Leave Town.
After the able defense of the reso- amount needed by their land and tho
lutlon asking for the repeal ot the
timber and stone act, tho desert land
act uml tho commutation clause of
the homestead, by A. King Wilson,
last evening, a vote was taken, re
sulting In a lie, 31 ror and 31 against
President Devers decided the ques
tion by casting his vote for the re
peal, making 32 in favor ot tho Trans
Misslsslppl Congress resolution, ask
ing for the repeal of those lawi.
The resolution as passed is as Jcil
Iowa: Repeal Land Laws.
Whereas, Wo havo a higher desti
ny as a nation than the mere creation
or accumulation of capital; nnd we
must preserve nnd bequeath to future
generations tho natural resources,
which will be necessary to their ma
terial welfare; bo It
Resolved, That the timber and
stone act should be forthwith repeal
ed and thereafter a system should be
Immediately adopted under which tho
fullest utilization of tho timber might
bo made, and the prosperity ot the
Iumboring communities assured, tlio
forest at tho same tlmo preserved
That the desert land net and com
mutation clause of the homestead act
should be immediately and absolutely
repealed, and five years' residence In
nil cases should be required from a
settler before the government parts
with the title to any of Uie govern
meut laud under homestead act
There Bhould bo no increase of tho
acreage area of a homestead entry. It
should In no case exceed G0 acres.
Prof,es3orYciinE-; Able Pa,per.
Following tho adoption of tho res
olutions, as published lart evening,
Professor F. O. Young, of the state
university, read an able iiaper on "Co.
operation with tho government In de
termining the water power nnd arte
sian facilities of the West."
I'rofessur Young is a student of In
dustrial science and economics and
has spent much labor and thought In
pursuiug this topic. It will bo pub
lished in the East Oregonlau, In full,
Experiences of Idaho.
I. II. Lowell, of Caldwell, Idaho, one
of the Irrigation commissioners ot
that state, nnu author of the Idaho Ir
rigation law. followed 1'ioiessor
Young's paper on the working of the
Idaho Irrigation law.
.Ml. Unveil told of tho growth of the
Irrigation sentiment In his stnte; of
the gradual change from the "shot
gun" rule of former days, to thi pres
ent progressive and successful policy
Ho told of the difficulty the law
makers, experienced in that stato in
bridging over between tho old cus
tom of holding water and owning
water by force, and tho new law,
which Justly and equitably distributes
It among settlers according t the
HANG OR NOT HANG.
Threats to Attempt the Rescue
Tom Horn In Wyoming.
Cheyenno, Nov. 11. The governor
will deny Tom Horn's application for
a commulmcnt of tho death penalty,
and he will bo hanged November 20.
Ills friends aro preparing for an at
tack on tho Jail.
A letter assures tho sheriff Horn
will not hang; that a rapld-flro gun Is
In the possession of the cattle barons
which they threaten to use on the. jail.
Tho Jail is heavily guarded.
Convict James escaped from tho
penitentiary last night He scaled the
wall In a terrific wind storm. A posse
Is on his trail.
LOGGING TRAIN RAN AWAY.
..... ' - ..".'. i. II J DIIVUIU)
Condltlous In Idaho and Oregon be
ing largely Identical, ho suggested
that Oregon could benefit by tho same
lino of procedure as that pursued In
Idaho Is divided Into three irriga
tion districts, with a commissioner In
each district, apixilntcd by the gover
nor. These commissioners and tho
state engineer comprise tho state
board ot Irrigation, which has com
plete control of all matters relating
to Irrigation, unless litigants appeal
to the courts over the heads of the
Mr. Lowill's address was a thought
ful, able practical paper, and shows
wldo familiarity with the subject
treated. It will also appear In tho
Kast Orcgonian In full.
Bees in Irrigated Districts.
C. W. Mallott, of Ontario, then read
a paper on "Bee Culture," as an ad
junct 16 Irrigated farming, after
which thr convention proceeded to
the selection of the next meeting
place, the election of officers and the
passage of a resolution of thanks to
the citizens of Pendleton.
Ontario in 1904.
i H. Hirschburg, ot Polk county,
placed Ontario in uomlnation, which
was unanimously selected as the
meeting place for 1904.
Election of Officers.
vvnen ttm election ot officers was
reached, Mr. Herschburg also noml
nated A. H. Devers for re-election. At
this Juncture Mr. Devers cnlled Wal
ter Pierce, ot Umatilla county, to the
chair, and In a few happy remarks.
said that b,iv did W't want to monod-
olize the offlco of president and much
preferred to see the honors passed
around and suggested that First Vice-
President Will It. King, of Ontario,
be elected president, Mr. King declin
ed to allow his name to bo used and
no other nominations being made, iho
election of Mr. Dcvem was made
He thanked the convention In a
fow well-chosen remarks for the hon
or and assured them of his hearty
Interest in the great subject of Irri
gation. Will It. King, of Ontario, waB unani
mously elected first vice-president,
nnd K. Carbine, of Union county, was
selected as second vice-president.
13, P. Dodd, ot Poiidluloii, who has
been assistant secretary of the state
association for the past year; was
unanimously elected secretary, and (J.
C. Hunt, of Ontario, was chosen as
sistant sccretnry for the coming year.
W. T. Wright, of Union, had no op
position for the office of treasurer and
was mado thu unanimous choice of tie
convention for that position.
The treasurer's report, which was
made at this time, showed tho Iota!
receipts of the stute association for
(Concluded on page 10.)
Went Two Mllei Down Grade Six
Men Seriously Hurt
Portland, Nov, 11. Last evening
an engine and flvo heavily-loaded
r&r( In a logging train at Stella.
Wash., ran away down grade two
miles, and all wero wrecked by Jump
ing the track. Six men wero serious
ly hurt, (ieorge Welst, of Stella, and
Mao WIdeman, ot .'ortland, wore fa
tally hurt and wero brought to a hos
pital here this morning by tho stonm
SAN DOMINGO TROUBLE8.
Rebels Have the Capital Besieged
Government la In Dire Straits.
Santo .Domingo, Nov. 11. Tho rev
olutionary forces attacked the city
last night, using artillery, but did no
damage. This afternoon under a flag
of truce, they demanded tho surren
der of the capital, which was refus
ed, and hostilities wero resumed. The
city Is sparingly fortified, but pro
visions aro plentiful.
Dissatiifactlon With Hit Attitude
the Miller Case.
Iloston, Nov. 11. In the Federation
of Labor convention today, Duncan
read his report ot strikes and aleo
reported conversations and corres
pondence with Roosevelt and Com
pers In the Miller caso. President
Roosevelt's attitude was severely criticised.
Seven Years for Defaulter.
Clrclevllle, O., Nov. 11. oofaultlng
Cashier Drown, nf tho Holland bank,
who tied and was arrested in nun
Francisco, today pleaded guilty to
one Indictment and was sentenced to
seven years. He pleaded not K"llty
to. lhroo others.
IN CIRCUIT COURT
8TATE VS. THOMPSON AND
HOWARD, ALIAS WIL80N.
Sidney Van Hook, of Umatilla, Claims
They Forcibly Robbed Him Two
Months Ago Thompeon Was
Caught After a Run,
OPINIONS REGARDING A SPECIAL SESSION
Rourefaontatlve W Sf. Dlakeley was Morrow county, who has been In at
seen today and expressed himself on tendanco on tho irrigation convention,
tlio possibility or a special session ui leu ror jieppner on ine aeiayeo train
While Umatilla .county could nut
nvnr without tho tax levy for 1003
said Mr. Blakeley, "it would bo dis
astrous to tho cities and school dis
tricts and for this reabon It seems
that it would bo best to call a spoclal
Hesslon for the solo purpose of rem
edying the tax law.
"I think tho session should he Just
as shoit as possible. The tux law
could bo ruadcf perfect and the legis
lature adjourn within two or three
days, at tho outside, and I am oppos
ed to the consideration of any other
legislation at tho special session.
"It Is very unfortunato that tho ses
uin Hliniild'ho called, but from all re-
norts from over tho stato. it would J
bo better to call it than to subject
tho municipalities and school districts
t it, tiili(iPi'nuQIIWil t Ihnf. wotilA
"... . tnv U,vv for Should he atte;
f.".,ulL:" islaturo Is In session
"I received tho governors letter
yesterday asking my opinion on the
question of calling tho sossion, and
whllo I do not believe the legislature
snould consider any other matters
than this ono defective law, it would
hardly bo policy for tho moraborB to
ontor Into a contract not to do so,
fnr fear of othor emergencies which
might arise before tho session could
.Mr, Phelps gave tho East Oreguniun
a brief lnterviuw on the question of
the special session of tbe legislature,
"If tho financial condition of tho
statu demuuds that a 'special session
U called," said Mr, PhqlpB, "I believe
thu work of remedying the tax law
sliould be done as quickly ns possible
and the session adjourned to make the
expense s small as posslblo on tho
"I do not believe that any general
legislation sliould be taken up at this
hesslon, but it Is not good business
policy to enter Into an Irou-clad agree
ment to not consider nny other legis
lation for tho reason that some other
vital Issue may confront the people
before tho session is called, and it
attended to while 'lie leg.
The circuit court met this morning
at II o'clock In adjourned session and
took up the case of tho stato of Ore
gon vs. C C. Thompson and L. M
Howard, known ns I-ouls 11. Wilson.
This Is tho case in which Sidney II.
Van Hook, of Urnutllln, accuses thu
defendants ot having robbed him of
a druft for S100 which they took fiom
him oji tho evening of September 22
latt Thompson is tho man who at
tempted to escape fro mDoputy Sher
iff J. A. lllakloy when he went to ar
rest him at Umntllla.
Owing to tho absence of tho wit
nesses for tho defense, tho caso was
postiioued by tho court until after
noon, to which I line It Uxik n recess.
Continued Till January,
When tho court was called In tho
afternoon tho defense asked that tho
rase bo continued until tho January
term, owing to the absence ot ono of
tho important witnesses, who was out
of the stato and could not at this tlmo
be found, The court granted tho mo
tion lor rontlnunucp, and tho caso Is
set lor tno first day of tho January
term. Thu Jurore wore excused from
lurtner atteii'iance and went homo.
There aro now several cases on tho
civil and dlvorco docket, but the Jury
cases were all cleared from tho book.
Senators Smith and Plerco arc both
out of town today and could not ho
seen. Senator Plerco Is lu tho 'obn
Day and Senator Smith In tho crun
try near town.
Uoth of those gentlemen, It Is un
derstood, favor calling the s iislon If
the financial condition of tho Mut'j de
mands It, nnd they both heartfiy agree
with Mossrs. makeiey anu racips uai
Washington, Nov, 11. Nearly 300
nominations of postmasters were sent
to the senate by tho president today.
Among them aro tho following; Cali
forniaFrank Rutherford, Truckce;
George Wattcrson, Illshop; Daniel
Trout, liouldor Creek; William Wolf,
Crescent: Roy Griffon, Foyler; Cath
erine Ryan, (lllroy; Samuel Metculf,
Shot in the Bick.
Topeka, Nov. 11. William Smalo,
a farmer, was shot through a window
while at supper with his family, last
night, and instantly killed. Tho as
sassin Is unknown, and no cause can
United States Will Take Meas
ures to Prevent Colombia
ADMIRAL GLA8S IS IN
COMMAND AT ISTHMUS.
Orrln Hlckola Dead.
Cleveland, 0 Nov. 11. Orrfu
llickola. the well-known drlvor, died
no other legislation should be ''on-1 at the state hospital last night, aged
Representative Phelps' Views. slderod and the session made just as 00 yoars. Ho came from California
Representative G. W, Phelps, of short and Inexpensive as possible. 1 with Bud Doblo.
Germany Disclaims All Intention or
Accepting a Protectorate Over Any
Colombian Territory, or of Other
wise Mixing In the Affairs Pros
pects of Colombia Accepting the In
evitable. Washington, Nov. U. At tho re
quest ot tho state department .the
secretary of tho uavy today ordered
tho warships from Panama to Buona'
VnnhiM fnr thi tiiirnflRit nf WAmlnff
tho captains ot tho two British steam-
rs at that port that tnoy win not oe
nltnwmi I,, inlin mi tuifird iinv Colom
bian troops bound for Pnnanfa.
Information comes that Colombian
troops are bolng moblllzod at Buona.
Ventura ami two British merchant-
mn havo been chartered to transport
thorn to tno istnmus. thu unueu
States will not permit thu embarka
tion of troops from nny Colombian
port. It Is probable thu cruiser Bos
tun will bo sent.
Ruth Orders at Hampton Roadi.
Newport Nuws, Nov. 11. The
llnltp.i Hlnli-R trnlninir hIiIii Prairie
City, at Hampton Roads, this after
noon received rush orders lo coal ana
proceed with all speed to Colon, Coal
ing Is an entire night's work. Sho
satis tomorrow at daybreak.
It is undorBtood Dowoy plans to put
iho Olympla In commission at nnco
and dispatch her to Colon, whore ate
will meet Cogh.an's llagBhlp.
Germany Will Not Mix.
Berlin, Nov. 11. It is fceml offlclally
announced this afternoon that any at
tempt by Colon to drny Gormutry into
tho Panama Imlliogllo will bo vigor
ously resisted by tho German govern
ment. No Encouragement From Germany.
Berlin, Nov. 11. Tho Colombian
commission, It It comeB hero, will re
ceive no consideration from tho Got
mnn government. Tho correspondent
of tho Assoclntod Press today called
tho foreign office's attention to tho
stutement mado yesterday by Arttiro
do Brlgard, the Colnmhlnn consul-general
In Now York, that tho Colombian
wero clamoring for n German prntoc
toroto over their country, nnd that Uie
Colombian government had boon nsk
ed to send a commission to Germany
to offer Kmperor William certain
pieces of land on both sens In return
for Germany's protection, Tlio reply
"Wo havo heard nothing on the sub
ject, but If a conniils'ihm comes with
hiicIi a proposition, It ,-rnuid nut bo en
tertained for ono moment. Wo have
no Intention of mixing ourselveB In
tho affairs of the Isthmian stntos, Wp
aro still without any communication
from our consular representatives In
regard to tho revolution, or nsklng
protection, hence wo havo omitted to
nsk tho United StntcB to look after
Tho statement regarding our com
mercial Interests In Colombia and
Panama havo been much exaggerated,
but wo hopo to sco our trade tlicro
prosiKT hotter after the United Stater
builds tho canal."
No Clash Expected.
Washington, Nov. 11. Thero Is nr.
expectation here of a hostllo clash on
thu Isthmus In thu immediate future,
for It Is believed (hut tho Colombian
government, when fully advised of
what has huppcucd, v. 1 II accept thr
Innvltnblu and not attempt to send
troops til attack Paiiuinn In tho fuin
of tho United States naval vessel
guarding tho approaches,
New Treaty Necetiary,
Senator Hunna was asked whether
in his opinion It would bu necessary
to enact now legislation to provide
for negotiations between the United
States and tho Republlo ot Panama
for tho construction of that canal. W
replied that that was u uuostlon for
a lawyer to answer. lie felt that a
new treaty would bo ucrosuary. d
course, but did not think serious dlf
Acuity would ho encountered iu nogt
Muting a canal trcnlywKu Panama
Admiral Glass In Command,
Tho navy department Is advised
that Rear-Admiral Glass, commanding
tho Pacific station, arrived at Panama
this morning with the cruiser Marble
head and thn eunboal Concord, buying
made a quick run from Acupulro.
Their consort, tho monitor Wyoming,
was not ablo to keep up with tho tun
other vcsEOls,.and probably will not
reach Panama beforo Thursday, By
virtue of his rank, Admiral ainss will
have supremo command over thu na
val forces In the vicinity of Panama.
Thu famine bread upon which 7t)r
000 persons in northern Sweden are
bow subsisting Is mado from g'roua4
plno bark and Iceland moss.