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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Nov. 12, 1903)
g UUUU vtvi vvui .c.Hcwhat you win get u you pot 5J.5rma K. N. & F. Its a Star. Tfeand quality. f omowow by Express receive sixty-five of the new and rLi In Overcoats something oat - . irAM n 9 iron ' r the ordinary- y - 'v; r-: .!in overcoat see what yo think of .t r...io- ffi VVptr all TafMirV UICJ. W' - in A. FXANDER'S DEPARTMENT STORE JUOGE LOWELL'S HOLE ADDRESS (Continued.) PRIDE DMATILIJimpll nood smoke ? Try Pendleton Poqtjot and Prido - . - a nnu nr I ADVANCED OPTICAL KNOWLEDGE sly used in the examination of your eyes and tlie fur- II necessary. iof the niOHl mouern inBirunie-ms. GLENN WINSLOW Nfar Post Ofllc.e. ftft ft ft A ft BIS 'nMV The Best is Always The Cheapest 'The gPBU'nc imported quad ruple coated STRANSKY STEEL WARE is Minerkir to any ware made. It's in a claw by its-if. Exam ine Strntwky Steel Ware At ARKE&Cos Court Street URPHY YOUK- li hd Paper! j It the st prices IRPHYi Street. CU.n pi. v Boor leisure 1 Every. Musical Parlors "Pot. AFTKIt an anxious, fretful day, you need something which Blmll fit your tired body as a well worn slipper (its a tired foot. It must U' something more than food or drink. If you want to taste Nirvana and fmget all your tire and fatigue, take a cup of one of Chase & Sauborn's "Original Package" teas. Theso are the leaves which the natives theniselvej drink with all their vigor Imprisoned. It's a very different drink from ordinary ten. Try a half-pound. "OltlCINAL rACKAiiE" TEA QrlolT (Knnnooa OoIook). Koh.l-noor (Eng. Breakfait) Oungt Ivkof,(Im)lA & tVylon), Sold in Pendleton exclusively ity C. ROHRMAN OOURT STREKT INSURE IN Reliable Companies That pay their losses promptly. Our companies stand at the head of the list. Harlford Fire Insunuice $l2f!Wb Alllanoe Assurance Co "". 89.039.968 London 4 Lancashire Fire Insurance Oo. . . . 2,&M,68S North British & Mercantile Co 10,096,974 Boyal Insurance Co 22,897,153 FRANK B. CLOPTON AGENT m EAST COURT ST. Walter's Flouring Mills Oa!ty, ISO barreli a day. Flour eichanged for wheat. Flour, Mill reed, Chopped Feed, etc, aivrflrt sn bead. by the water diverted nmr. inmi hut hy the amount applied to useful In- uubiry ami actually needed therefor. 3. The apnrourlatlnn nf xeninr is not absolute but Is iletcrmluod by Its diligent beneficial application. It is limited both by th0 use made of It and the reasonableness of the time with In which it is applied. 4. The appropriation of the wntcrs of a stream Include the appropriation of the waters of the tributaries there of above the point of diversion. 5, The doctrine of riparian own ership is Incomparable with the ap propriation of water for beneficial purposes, and therefore It Is pre sumed that an npproprlator of water has appropriated sufficient both for his natural wants and beneficial needs. He cannot claim rights both as an appronrlator and rln.iri. owner. 0. The reasonable use of water comprises a number of elements, namely, the character of the use itself, the size and velocity or the stream, tho country through which It fiowB, the character of tho soil and the purposes for which it Is nllert. and other facts as varied and numerous as tne cases under consideration. 7 Tho right of action for damnccs rests wholly upon the Injury and if mo needs ol a riparian proprietor or approprlalor of water are supplied, he cannot be damaged and tho courts will so declare. These principles thus generally stated, demonstrate our rapid depar ture from the domain of the common law riparian theories and our rapid approach to that higher law which is founded upon public needs In thu great arid empires of the world. Present Needs of Oregon. Our state at this time Is confront ed with a pressing need of legislation upon seven cardinal points. 1. Some statutory provision is necessary by which the actual flow of the various streams in tho various months of the year shall be deter mined and the status of each fixed as to the vested rights of nppropria tore of t.ie waters thereof. It is possible that tne summer How in all the rivers of the state, east of the Cascade .uountains. is already uti lized, but, on the other hand, it is not a violent presumption to assume that under a just and vigorous law, which would hold each user of water to his measured rights and actual needs, there would bo found a flow yet available 'even In summer, whllo It Is a lact apparent to all that In the most of our rivers, not one-twentiein part of tho winter floods are applied to any beneficial use whatever. 2. A metnod of determination hy .proper authorities of the amount of water which tho various kinds of crops and varieties of soil tributary to any stream may require for proper watering. Intelligent and experienced irrlga tors have demonstrated that over Ir rigation Is the tendency In most irrl gated districts, mat some sons re quire Httlp water whllo others require much, and unless there Is some au thoritative repressive force, there will occur a costly nnd unnecessary waate of water 3. An equitable and economical ap portionment and distribution of water among the several users upon a stieam according to inelr respective rights should be assured. w..a such provi sions as will prevent over diversion and assure application to beneficial use. Selfish and Antiquated Doctrine. II Is the usual experience' in every country where artificial watering is essential, to find concrete illustration of the ancient doctrine of the survi val of tne strongest; and without tlie Intervention l the protecting arm of court or state, dwellers high upon tlie stream uro inclined to take water ho- cause t.ielr location gives them the opportunity, not because of any right, and too often the approprlator below. whoso actual right may be superior. sees his crops ruined nnd his labor lost because tho assertion of his claim would mean friction and expense. It Is safe to nssert that in most lo CBlitles water supervision nnd dlstrl bution under public authorlt) would not only assuro a supply for all pres ent uses, but .would disclose a surplus which might reclaim unnumbered bar ren acres and assure, the establish ment of many homes. -I. A doflnite Icglsla.ivo declara tion as to what riparian rights iu irri gation are. Good California Doctrine. The California Irrigation Commis sion recommended the following which certainly is moderate and could properly be declared tho law of Oregon, "Tho riparian rights to irrigate is limited to land riparian to a stream which is Irrlglble therefrom and woub bo benefited by irrigation and which Is within the water shed of such stream, and may bn usjid only to n reasonable extent and consistent with tho equal uso thereof by all others entitled to us0stho waters of such stream, and tho surplus must bo turned back into such stream on suca owner's land." It Is not probable that 'here remain many riparian right;: of any material value upon the streams in tho arid region because most of -ho settlors theroon have themselves become ap piopriators and under tho decisions of our courts have thus abandoned their riparian rights, but sKtuto should lie comprehensive eneu.s'l to cover all posslblo coutinrfei-Cles which tho future may posMjsn. Shut 'Off Spcculfton. B. There is requisite a prflhlbl tlou or the appropriation ol waters for speculative purposes and a definite ' "(Concluded on page C.) ninimHiniinmmmnimfnnnnmnnnmnmHnmminmnmtniminininnMninnimmfeL BIG SALE CONTINUED cr Owing to tho late delivery of our bills advertising our Big Reduction Snlo r last week, we have concluded to continue tho sale oro week longer. The bills t you now have, give the prices that will hold through this week, until Saturday cr night November 14th. This is a great opportunity to buy goods just in the s proper season at greatly reduced prices. NEW MILLINERY ALSO 3 3 3 3 3 3 3 3 3 3 3 3 3 3 jfp A nice lot of new hats arrived Monday morning, and those who are. in nrcd of a Fall ZZ. Hat are invited to call and see ours. The styles arc the latest and prices fight, I THE FHIR McCALL'S PATTERNS HERE. GRAND OPENING Failing's New Music Store Therkelson's Old Stand, 315 East Court St. The New Music Store is now open and in readiness to supply the public. Two car loads of Pianos and Organs Have'been received and are on display in our room. This is the largest and finest collection of pianos and organs ever shown in Pendleton. We will inaugurate a grand introduct ory sale and will offer prices 20 to 25 per cent lower than ever given here, during this sale. We bought our stock for cash and are not a consignment house, hence we are in position to sell at the lowest price possible which will mean a big saving to you if you contem plate bm ine a niano. We cordially invite you to call and sec the new stock, all new. We have been among you for years and our personal guarantee, as wen as tnat ol tne high standing firms we purchase of, is back of every instrument Jwe sell. JESSE EAILING ' A. J. Smith, the expert piano tuner is with us. Leave orders at our store. Its THK BEST THE MOST WHOLKSOMK PllOPEBLY MIIiLKD WITHOUT A BUPEIUOK BYERS' BEST FLOUR The Standard of Excellency. v PENDLETON ROLLER MILLS W. S. Byers, Proprietor. PJIOM1T, HKMAJiLK: BHHV10K A. J. BEAN HAULING OF AIL KINDS lioodi ukea bc4t;otraie ij, uTe ordtri it rnnuu'. I'bon. Main )S71, Oil and -Sweet Spirits of Eden Are guaranteed to cure uuy case of Khtu mati.m Money hack if the)' fail, A r. Koeppen t Bros.,AgU, foe Pendleton WANTED YOU It OltDIiltB I'OK BN. craved card, wedding Invitation, tc. : 100 eogravnl vlaltlng card wltli plate, 11X0 i additional card la future, l jxr nuodrtd. Tp KC OrrgonliD.