East Oregonian : E.O. (Pendleton, OR) 1888-current, November 12, 1903, DAILY EVENING EDITION, Image 1

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. ... .n "ad"'
Eastern Oregon Weather
J5JJ ,111 bring
Tonight nnd Frlilay occasional
NO. 181)4.
of Irrigation Log
Oregon" His Sub-
.ic nc PRE9-
unt -
... B.ui.w of the Old
i iM rhl Rlate
iibu "
Step Toward
nnnn Needs
paper wan rend
i convention by
Lowell of this city,
c rculatlon nnu
int. lillktttWIO
nd Kcntlcnicii!
.i H K TTntfnH
ij the subject or ir
threo gcnernl sub-
of the English com
rives tho riparian
i. ik Jflnm rt trnntn
Quantity and un-
tv sumccL univ iu
. II . . .1 ....... ,.
r riparian pro-
i many phases as
Region Doctrine,
(round of beneficial
do duoiii- itmi IlUl
of the Atlantic
the newer states
In the third, those
was once Known as
are of tho guar-
of the race and
of its purposes.
ninrnpc ni ,t irimon
tWi Republic have
mistake, and not
Is law of waters,
s theory had Its
lit onnrflttnnn
Mile irrigation a
ersnin nr 4i.ni
. ... iim,i:i mill.
W responsible for
owner of the land.
wnicn tin Hii-oimi
the owner iif tlm
......it,,,, nviiL
wre, Ho could not
I... :
" " "MO UUt till
(toe principles of
"7 the Anmrl win
t a time when men
uhii in r.. ....
wre to obtain In
ana tho non
..r-iiaii liinnnos
iiv umii i
rwedent th unttirwi
wy or tho states.
t. the mistake and
'laturo and theJ
. Riven to
ft modified rule,
.i.uu m Oregon.
J Improvement,
elimlnatlnp tho or
or basin in ,
'Pi In mnsit
afy. hilt hnn ,W
Wraisten l
Value ii
toward V"VE:
in ti-, .
irrigation development of California,
Colorado and Utah began to attract
attention to tho unrivaled resources
in climate and productions of the
semi arid regions, this state awak
ened to the neede of its own vaat area
o kindred. JjOjlTJiescattered Irri
gation projects in the eastern and
southern counties began to disclose
sources of wealth and possibilities
for homes of which the founders of
the commonwealth hau not dreamed,
nnd' of necessity the courts were
brought by the force of public inter
est, .which is always paramount, to
approach, as rapidly as the conser
vation of vested rlguts would permit,
to the Arid Region Doctrine, and the
legislature in 1891 supplemented the
effort by tho following declaration:
"Tho ubo of tho Water of tho lakes
and running streams of the state or
Oregon for general rental, salo or
distribution, for' tho purposes of Irri
gation ajid supplying water for house
hold and domestic consumption and
watering livestock upon dry lands of
the state, is a public use."
The act of which tho above language
Is a prelude, provides nlso for the
condemnation or rights of riparian
owners, preserving to the latter, how
ever, sufficient water for domestic
use and Irrigation for crops actually
Judiciary Is Up-to-Date.
The Judiciary of thK state, In appre
ciation of the great needs und pos
sibilities of Its arid acres, which con
stitute probably two-thirds of its ter
ritory, has in the last decade viewed
with 'broad vision Its importance to
tho future, and its Intimate connection
with public interest, and has Justly
endeavored to place the consideration
of tho subject upon tho high plain
which it. deserves. The opinions pro
mulgated in recent years have hap
pily far removed us from our common
law beginnings.
Synopsis of Oregon Law.
Th law of Oregon then, stated in
guneral 'terms, is ns follows:
1. Tim water of the lakes and
streams ,s' public property subject to
appropriation by public corporations,
for public purposes, limited only by
the vestod rights of prior proprietors,
and the rights of riparian owners to
the extent of their actual needs for
domestic purposes, watering live
stock and actual present (not pro
spective) Irrigation.
2. 'As between approprintors, be
,who 'is first in time is first In right.
An Appropriation 13 1101 uoiermineci
' (Continued on. pace 3.)
Unions Claim the Street Car
Companies Have Armed the
Strike Breakers.
Especially Intended to Secure Legis
lation to Prevent Tie-Up of Mining
Industries Will Secure Jury Trials
In Certain Cases.
i knot inj i
- in adr,nfln
lu? there and
- l Wavnrto In ....
In -i . . . "'lull
- "biub cannot
" Jarcer
mi,?'8 regarded
.tiat' ilhere' ani
It I. ,
Butte, Nov. 12. All mines, melt
oi s and otliqr works uf the Ainali;a
mated 'Copper Company in this and
otlie,- states, which were s,hut c.own
(n account ot tlio recont court decis
ion, weru ro-oponod this morriliig ns
a. result of th'o call for nn extra ses
sion oi the legislature to enact a
"fair .trial law." Thcro is great re
joicing throughout tho district.
Tho proposed "fair tr'nl law." de
manded by all the people of Montana
lrrespectivf ot business or other af
filiations, wlh provide:
First, Jor tho operation of all -min
ing properties pending suits and
ponding tiio settlement by arbitra
tion, or .agreement of disputes be
tween llclgunttj and owners, and also
during the hoaring of suit, disputes
and arbitration proceedings. The
wunu boing,' designed to protect all
and common))ntore8tB trom the ehock
of unexpected sh'ut downs piocipltat
ed by, the whim of disgruntled liti
gants -ind often supported by Injunc
tion proceedings.
Second, for Jury trial of cases in
all mliiine HUeation wherein a Jury
trial Is possible under tho stnto toiH
Htitution, thus taking from tno coiu-is
tho burden of responsibility which, as
Illustrated by reoent-events, too fre
quently react upon tho personnel of
the court to tho subversion of tho re
spect for .its decjsioife and tho Judicial
systom generally.
Quotations-Furnished by Coe Commls-
alon Company B. E. Kennedy, Lo
cal Manager.
Pendfcton, Nov. 12. Wires arc all
down 'today and no mnrket letter waa
Chicago, Nov. 12.
Wheat Opening.
Hoc f 76
May , 7C
Doc 4214
May , 41
Minneapolis, Nov. 12.
Wheat Opening.
Dec , 76
May 7C
Postoffc6 Trafficking.
Omaha, Nov.-12. Tho fedornl Judgo
has taken up the charges of trafficking
in postofflcoB In which Senator Diet
rich la implicated,
Twenty-One Lines Tieti Up Trains
'Mobbed and Overturned and Train
Men Assaulted Mali Trains Not
Disturbed Directly, 6ut Are Nces
sarlly Delayed Five Hundred Po
lice Squad Nearly Overcfome.
Chicago, Nov. 12. Representatives
of the employes thlr morning declare
the Employers". Association has furn
ished the non-unionists who are ex
pected to take their places, with GOO
Colts' revolvers. The Employers as
sociation officials deny tins.
Last night the committee from tin
union called on Mayor Harrison- and
assured hlra the strike will be con
ducted orderly and no effort made to
Interfere with mall mrs, and any
sfriker Indulging in violence will bo
summarily punished by the union.
The mayor assured them there would
bo no city interference unlessJ-there
Is violence. '
Strike !IE On.
Promptly at 4 this morning tha
greatest car strike in the history of
Chicago commenced and 21 lines are
tied up, comprising all tlnj Chicago
railway companies. The strike order
was formally Isnued by a ratification
meeting last night. ,
It was nearly 8 o'clock befora any
attempt was made to run, while tho
south side cjtfvated and the. Illinois
Ceutral were -.overtaxed 5n efforts to
bring belated workers tnd business
men down town.
Rlotirjf Began at'Once," "
Shortly before 8 the big carbarn
dooxh swung open and six trains, in
cluding the mail train, which was
sandwiched 'In, started out with non
union help. No effort was rando to
stop them mntil tbny passed outside
the police detailed nt tno tiarns, wnen
they were greeted with a storm of
missiles. .
Three tiaiiih managed to weather
tho storm, but the other thiee crews
abandoned ;thoir curs .and lied io tho
barns with bleeding wounds. Oikj
man wns so liad'y hurt lie was taken
to the hospital.
The mail train was not molested,
but could not he moved because tire
trains ahead and behind were aban
doned. Teamsters Organize Blockades.
The first curs reached the down
town "Wertt worth llne.nnd hnd an un
eventful trln until they reached Claris
and Van Uuren. where following tho
usual custom, teamsters who wer.o in
sympathy blockaded the tracks, hopo"
lesslv entangling them.
From all tildes came bombardment
of tthe .care. Windows wore riddled
and holes knocked through tho roofs,
and pinto glass windows !n nodrby
stoien suffered. Several people in the
crowd were .hurt. The police finally
dispersed the mob and ears piocecu
At lrt:3K fh-i first Cottage filove
nvnmio ear returning was again blocli
nrW hr teamsters and a mob. A
Hjuad of 500 police charged tho mob,
lint were .met ho determined they were
.almost overpowered. The grlpman
announced ho had had enough and
would step, off thq train as soon as
it raurne.a to tlieruarn. too cruwu,
i-hnoroA am! ineedl'lv onened the way.'
The grlpmen of the three succeeding-:
ipfltnc nlun reRle-iwtu.
a mnh at Forty?seventh and Cbti
tago Grove ftvenue' stojiped the carf
and pulled the crew, off and tieat them
nnd tipped closed .coaches .ovor and
smashed the grip apparatus.
a rrf.fi Reduced.
tn.ll Mann VnV. 12. NotlCOS
were posted at Fall itiver mills tA.
morning announcing a in per oni
dijctlon of wages effoctlvo November,
23 It anecis au.uou wurnuio,
. , I
Shipping' in AustWans.
Now York, Nov, 12. A carload of
Austrian non-union mine jic
shipped to tho Coloriflo coal fields
take the nlaco of
ilitn -
Prfessionaland Business Men
Vaht Improved Telephone
Butchers Strike.
Cincinnati. No.v. 12. Seven hund
red butchers struck this morning for
n 10-hour day nnd 10 por cent In
crease In wagos.
Settle With Queen's Heirs.
Holgrnde, Nov. 12. Tho Servian
government hat paid 100,000 to tho
sisters of the hue Queen Draga
proceeds ot tho sale of nil her prop
erty. Pension Bill Passed.
Havana, Nov. 12. The Gomel bin
porislontng i ubnn patriots today pass
ed the senate.
OverC00 'Phones In Pendleton and
Changes should Be Made In Moving
IntjSJWw Quarters Business Done
by ..Company In Pendleton Justifies
BesServlce In Use Question Is
Being Agitated.
There is very strong sentiment
among the buslnuss and professional
men ofl'endleton in lavor of nn lm
proved i telephono system In Pendle
ton. The Pacific States Toiphonc and
Telegraph Company lias over tiOO
'phones in this city, and according to
the ttopulatiou Pendleton is one of the
very best patronB of the telpbono ou
tho Pacific Coast.
At its present stago of develop
ment the telephone company is now
operating the largest possible area of
telephones with tho smallest possible
force, making the system-very profi
table and the expense ot handling it
very light, compared to the amount of
business done.
While Uie offices aro being changed
from the present quarters In the Sav
ings Dank building to tno elegant new
offices in tho Matlock building, It is
highly important that the change bo
asked at this time, and thero is a
movement on foot to ask tho company
to favor 'Pendleton by installing the
"express system" of calls now In use
In Portland and other large cities, in
stead of '.nstalllng the same old-
fashioned .hell call system now in use
In this cur.
' lt"-wlH"bo""neocssary to put In differ
ent fixtures and switchboards, for
tho new system, and as tho offices are
to bo moved, the expense of ma.g
the change during tho move will bo
much less than after tho old system
is put in place in tho new offices.
The "express system" of calls does
away with tho old bell box and instead
of ringing up "central" and waiting
to get her, and then giving her tho
number wanted, with this new system
a number drops in front of the oper
ator the Instant u receiver is taken
down, and "central" Immediately calls
for your number.
Tho bell box is unknown In tho
"express system" and tho 'phono can
bo moved from the center table to
tho dinlug table or any other conven
ient place in tho home, making Jt n
convenience and pleasure for profes
sional men who uro subject to hund
reds of telephone calls during the
day and night.
As It is now, an antiquated bell box
must be uttached to tho wall and tho
person wanted must answer tho
'phone In tho hall or other out-ot-tho
way place in which the cumbersome
box may bo located.
Thousand Feet of Bluff Fell Onto
Track and Right of W?v.
Last night nenrly 1,000 feet of the
bluff a mllo the other sido ot tllngham
slid onto tho track and right of wny
of tho O. R. & N. nnd has held the
trains thcro until late this afternoon.
Tho track at that point runs under n
steep bluff of scale rock and dirt cov
eted with trees and brush. It has
been a troublesomo point for years,
nnd toHay loosened by tho recent
rains, the largest slldo of all occur
red. A train left here this morning
which picked up all tho laborers this
sldo of Dtngham, and over SO men
have been nt work nil day clearing
tho lino and laying new track: Part
of the mass had to be blasted out of
tho way, as It was composed of boul
ders too large to movo.
Trains 5 nnd 1 and 21, west-bound,
C east-bound and two oxtrnB. have
been held at tho sccno all day, the
first one passing the slide about 2
o'clock this afternoon.
Appointed and Confirmed by Request
of Senator Mitchell.
Portland, Nov. 12. The Journal's
Fpoclnl Washington correspondent
pays Senator Mitchell received unani
mous consent in oxecutive session to
day for consideration of tho Oregon
land ofilco appointments, nnd tho sen
ato confirmed Edward W. DavlB na
register at La Grnude; A. 8. Dresser,
ns register at Oregon City; Charles
U. Snyder, as receiver and John Wat
son as register at Lnko View,
Will Find Whether They Know as
Much as Tney Claim to.
Topeka, Nov. 12. Ab a result of a
10-column story In last night's edi
tion exposing tho joints and gambling
houses In Topeka, tho entire editorial
force of tho Evening Herald was sum
moned Into tho district court today to
glvo evidence.
Members of House and Sen
ate Are Responding to the
Governor's Request.
The Dalles Military Road.
Portland. Nov. 12. The Journal
fcreclal Washington correspondent
says the secretary of the Inter'or .to.
day approved the selection ot The
Dalles Military Ho.nl Company of 25,
243 acres in the Burns land district,
Has Sent Letters of Inquiry to All
Parts of the County He Says
Amend tne Law and Adjourn Re.
plies Favor the Special Session.
al und buhiucss men nro unanimous
in their wish thar the company would
instull the new system in making tho
change from the old to the now omcos.
Thov feel that the busluess transacted
hv tho telenhono company in Ibis
city justifies tho demand for the Im
proved service.
Dr. C. J. Smith was ten this morn
ing In regard to his position on the
special session of the legislature, and
Hutul that he had at this time no
opinion, hut was waiting to bear from
the county.
In order to find out the conillllou
of the county nnd tho desires of the
The profession-1 people Senator Smith has mailed over
.Judge Bradshaw Overrules Demurrer
to the Complaint In the Portage
Case Yesterday.
Portland, Nov. 12. Judge Urad
shaw. at Tho Dalles, yesterday over
ruled the demurrer of tho O. R. & N.
romnanv to the complaint of tbo
jitato iu tho nonage roao conaem-
nation proceedings, for tno ngni oi
way for tho portage, over tho land be
longing to the company.
The grounds of the demurrer W
that the state could onry conaemn
land for a crossing, and not land
that extended longitudinally along
the track of tho company. Judgo
ilradshaw hold that the state could
condemn any lund not actually In
'una or occuDled by tho tracks of tho
eqtnpony, or that tne state couia ex
nrclsA the right of eminent domain
over any unoccupied portion of tho
right at way.
The portage roan survey loucnes
the O. R. & N. right of way at five
points In tho 11 miles, but at no point
does Jt approach nearer the track
than 30 feet. Right of way through
all other property lias been secureu
by the state.
Fire in Constantinople.
Constantinople, Nov. 12. A serious
fire in the Kroba took place today.
Valuable public buildings were de
stroyed and seven were reported
Trying to Be Reinstated,
Washington, Nov, 12. Threo naval
cadets recently found guilty of haz
ing and dismissed from Annapolis,
aro trying to get the presdont to re
instate them.
25 letters, sending them to all of the
principal school districts of the coun
ty, and one to tho mayor of each
town; also one to the county Judge,
asking them what Is the condition of
their finances, and what would bo tho
result of no session. As yet h hus
received but few answers, but nil of
them aro in favor of it special session,
saying that the schools and cities
would be emlmrrapsed by not having
a tax levy.
While Governor Chamberluln whh
In the city he and Dr. Smith talked
tho plan over, and the governor
thought that It was a good way to
determine tho sentiment of the peo
ple and expressed a desre to seu
tha answers received, Until al), or the
majority of tho letters have been an
swered Dr. Smith will make no state
ment as to his opinion in regard to
tho session. In any ovent bo would
not bo In favor of any outside legis
lation should tbo legislature be call
ed. He would wish to settle tho tax
question as quickly as possible and
then adjourn, not tuinkng it advisa
ble at this time to attempt any other
No ''American Appointed at the First
Public Consistory,
Rome. Nov. 12. Tho first public
consistory of Pope Plus X was held
today with great pomp. Tho proces
sion was headed by tho Swiss guards,
then the cardinals, then the pope,
boruo by eight. He was followed by
great throng of prJests. Ho con
ferred hats on threo cardinals, boing
Talianl, of Vienna; Alutl, of Lisbon;
Katschtaler of Suisberg. Merry Del
val, secretary of state, and Callcglar
Haduo, after tbo consistory, confer
red tho pallum on Archbishop Bourns,
of Westminster.
Prussian Diet Elections,
Rerlln, Nov, 12. Keon Interest Is
taken In the election of members to
the Prussian diet today. The social
ists expect to gain a footing.
Not Much Unanimity of Opinion
Some Seek the Repeal of the Cor
poration Tax Law, or Consideration
of Other Matters Than the Tax Law
Others Stand True to Issues of
the Hour. s
Tho following concensus ot opln'on
from the members of tho legislature,
on tho special session Is gleaned from
tho stato press:
RepnUentatlvo T. N. Murphy, ol
Uuloii rtvinty, w!i Is nt pit sent con
fined nt his homo In La (Irnndo with
Illness, will consult with his constitu
ents nnd act In necordnnco with their
sentiment In the matter. He has not
answered the governor's letter nnd Ir
not In position to do so until ho con
fers with tbo taxpayers,
Senator Justus Wado, of Slimmer
vllle. Union county, favors a special
session, but believes tho tnx law
hhould bo remedied and tho hcsslon
oil sim.'t to save expur.sos.
Senntor Watt Tylor Smith aiid Hep
rcscntntlve 11, F. Jones, of Lincoln
county, havo joined with tho couuty
Judge nnd other citizens in petitionee
for a special session to relieve the
financial conditHn of that county, oc
casioned by tho loss or tho tax levy.
Representative I, U. Rlddlo, of
Douglas county, believes the session
should be called but the legislation
confined to tho tax law alone, to save
costs on tho people.
Herbert Holmnn, Joint roiuesents
tlve from Clucknmns nnd Multnomah
counties, Annts to wear no mntxle
and will not agree to consider noth
ing but tho tnx luw and says H tho
sosslon is held other matters of Im
portance should be attended to and
refused to answer tho courteous let
ter from tho governor. Hu'unan
would like very much to sec I ho cor
poration tax law repealed at the spec
ial session. It is rumored.
The common council of the city of
CorvnlllH has put (tinned the governor
to call n special sesson to provent
financial onibarrnssment to that city.
Washington county members will
not express un opinion hut lire delw
mined not to agree to confine . idr
nftlon to the tax law, alone, us ther
are other matters pertaining tn tho
nlTulrH of that county which demand
Immediate roller. One of the matters
that would he luouglit up from Wash
ington county Is relief fiom the pres
ent damuglng congeston of trulllc o
the Southern Pnil- Hues hi that
county. , ,,
Rcprebontntlvo l,uurlcH V. (.ullo
way, or Yamhill county, boliovoi th
session should be culled nml thut It
should bo Just us short na tho con
sideration of the tax law will perm t
of, hut ho declines to pledge hlinroll
not to consider any other measure,
uiniim. unit lie desires to be free to
do bin duty by his constituency under
all circumstances.
llowHvnr. Mr. (lul owiiy tntnics uiai
Inasmuch as the legislature mutto
mlatiikii In tin tax aw. llio monioein
should remedy tho law, free of chart
10 thu H!opo of tno sunn, nnu him
no pay should bo allowed legislator
for tho special session.
Representative W, It, llllym, of
Linn county, says If the legislators
do not pledge themselves to consider
nothing but tho tax law, thut tho cor
poration tax law will bo assiiled b
tho special sesslou, nnd that tho cor
poration tax law must not bo touch
ed until It has been thoroughly -to!'
cd. Ho favors u special session if It
can be confined to remedying the fin
law. '
Representative Thomas I). Kay, ot
Marlon county, stands pat with Utt,
governor, and believes that tho siv
inl mission should not bo prolonged If
consider general legislation. He jayi.
tliorn Is iii-cent need Of ino mi iuvj
of 1903 In many portions of the statu '
,,1.1 imt uflu'ii this remedial leglslir ,
tlon Ih passed, tho session should nd
Journ without Imposing unnccesHarj '
oxpenso on tho taxpayer. Mr. Kny
was a vigorous oppotmu or the new
tax law last winter- Ho will nstcu t
the terms of tho governor's deraane
hy promising not to consider any
other matter thun the tnx law, nlw
some emergency not now oxisUns
should arise.
Raker, Hurney, Malheur and Grant
counties havo not boon heard from
yet, hut It Is thought that the mem
bers from Uakor and Orant at least,
will favor tho repeal of tho corpora
tlon law at tho special session, owing
to tho mining corporations In thus
counties that are so bitterly oppus:wi
to it.
Thero Is no truth whatover In the
report that J, Plerpont Morgan w
retire from active, business life,