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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Nov. 27, 1903)
DAILY EAST OREGONIAN, PENDLETON, OREGON. -ar NOVEMBER m, 1903. SALE OF k AND YOUMS TS AND OVERCOATS ITER IS WASTED SUPREME COURT DECIDES IMPORTANT IRRIGATION CASE AT EXANDER'S Would Not Assign All the Water in a Stream to One Man, Although He Was Prior Approprlator, Be cause He Could Not Use It All- ui.oars seinsnness from the DIs- tributlon of Water. fOU ENJOY A bUUU SMOKE? PRIDE OP UMATILIJHj 0wmE to tho fact that Irrigation legislation Is now one of tho princi pal topics for discussion In Oregon, a decision just rendered in an lrrl ca tion case, by tho supreme court of uregon, makes interesting reading fpr those seeking Information on Ir rigation laws. Tho case covered by tho decision Is one from Wheeler county, and In volves the division of water In a small mountain stream. One farmer settled on the creek and appropriated the water. Anoth er settled above tho first man later, ami appropriated a portion of tho stream. The suit was brought to define tho rights of the two settlers and hero Is the decision: Decision of the Court. "This is a suit to enloln h, dlvnr. J slon of the water of Squaw creek, a i iiun-unvigaoie stream, which rises In i the Blue mountains, in Wheeler I county, and flows In a well-defined ( channel through defendant's land In I Grant county and through plaintiff's land In Grant county. Plaintiff's , predecessor made an appropriation of water for irrigation In 1&91 and defendant mauo an appropriation higher up in me following year. I "This suit was brought in 1(12 to inat such a quantity Is necessary fr the entire Irrigating season. iuc opinion shows that at the "". continuing from July 1 to September 19. waipp nni.h would How through the ditch to cover mo lauu with water to a depth of ten feet, "That it requires such a quantity or water to Irrigate alfalfa or any other crop is unreasonable, and tho computation hero given demonstrates that the witnesses truthfully test!' fied that they did not understand the memoa of measuring water." Thu testimony also showed that plaintiff's dam In the creek Is not tight, and that tho water which es capes Is used by his brother" loweV flown. As thero was testimony tend ing to show that If properly used the water of Squaw creek would bo suffi cient to Irrigate the lands of both plaintiff and defendant, tho supreme court orders that plaintiff shall bo required, before being entitled to tho amount of water awarded him, to maintain a tight dam of sufficient height to raise the water to the re quired head. Tho court expresses reluctanco at concurring In tho award of 50 min er's Inches of water and says that "as tho decree Is silent as to what constitutes a miner's Inch of water, wo conclude. In view of the grent quantity awarded, that It should be measured un-cr a pressure of Jour Inches." Each party Is required to pay his own costs on appeal. MANY HORSES PERISH. Early Snow In Thunder Mountain Causes Severe Losses. 4 1 ! . , - a itticr n:v:i:ni.-u yesiuruay iiom i C. O. Clark, In the Thunder Moun; tain mining district, states that the fall of snow this fall has been the .ieavlest In the history of the coun try and that a large number of pack animals perished during the storm. k. m t m - itonBoquet" lund "Pride of Umatilla." A. ROHDE, Maker. IE NEST BE MOST WHOLESOME Bl'EELY M1LLKD llTCOUT A SUPERIOR IS' BEST FLOUR The Standard of Excellency. ETON ROLLER MILLS W. S. Byers, Proprietor. enjoin defendant from Interfering 1 siys tho Iewlston 'irlbune. The with plaintiff's rignts. The lower j charges of packing In the country are now very high and supplies at uoose- court found that plaintiff is entitled to 50 Inches of water from Souaw , creek, miner's measure, at tho head of his ditch, and tne defendant to . 10 Inches from Frank's creek, and I enjoined defendant from Interfering j with the flow of water so awarded. "The only question on appeal was as to the measure of water to which tne parties are entitled. Plaintiff has under irrigation 20 acres of alfalfa I land and the testimony tended to ' show that all the water of tho creek was necessary for irrigating his land. One witness, who was nncontradlct ' ed, was asked what amount of water i would be necessary, and he ' replied, ! l would not want to start In with ! less than two and one-half miner's 1 inches.' " Water Cannot Be Wasted. The opinion of tne supreme court says that while It Is possible tliat so mucn water may be necessrry at nrst it seems altogether IrapTObable velt are scarce. The price of packing from Warren to Smith creek, a ois- lance or ;n miles, ..-i iu cents per pound. Mr. Clark Is now engaged In run ning a pack train and was for three days snowed In by the storm. Th Clark pack train and the pack train from the Jewel mine are now united and comprise 40 strong horses that It Is expected to bo aele to travel .nrough the snow ai. winter. The supply of provisions in the camp Is less than last winter and all provis ions arc commanumg a nigh price. A big strike has been reported on the Crown. Extensive development work will be carried on during tho winter. TO ENLARGE DITCH. wnini4-H"t 1 1 1 1 4 m 1 1 tn 1 1 1 1 1 1 1 1 n i i r 1 COMMISSION CP. IU! and Surplus, $300,000.00. Few York and Minneapolis quotations received Weton office over the best extensive nrivate lie world. IliO .National and State Banks a (savings Bank OFFICE: 120 C urt Street KENNEDY, Mgr. What Shall We uavciui Lcciif This quistion -arises in tho family 4 every day. Let usxnswcr it to-day. Try a delicious and healthful dess-rt. Prr pared in two minutes. No boiling! in baking I add boiliiifj water and set to eooL Flavors: lvtmon. Orange, Rasp berry ncd Strawberry. Get a paciac t yonr grocers to-day. 10 cts. MiinniiHinmimnmtiminiiii!iimt!miinmi!inini!iimiiitiiiiimmm ecials this Week 1 j Vest Sale Bold at about half-price. 3 aats piven tree with suits. St bale Everv ennt. rttitA HI iur iil Wats, Suits and skirt sale. Special reductions. 3 rear ale Flef-Pfifl linrlnru'onr 7f5f. nor unit. E2 7 sale Every hat reduced in in price. S Owyhee Company Will Improve Their property and Place it on Better Fl nancial Footing. Tho Owyh?o Ditch company, of Malheur county, operating one of tho longest dlfches In Oregon, will begin extensive Improvements at once. The 'Owyhee and Nevada ditches run par allel, through a portion of Malheur county, and the Owyhee ditch, being above the Nevadn, breaks Into tho Ne vada at places where tho banks are weak. The channel of the Owyhee will be widened, deepened and strengthened, In order to make It car ry tho volume of water intended. The Owyhee ditch has Just been bonded for $70,000 for tho purpose of raising money to pay off an old ac count and tho Increased capacity and efficiency of the ditch will make It more valuable DAY AND SATURDAY or-r?-T A t o lnl! for two tlat.c !.. J -....: .1 1 fnr turn 31': 5 a limited Calico for twn Hauc in var-Hc tn nnp nerson. jo cents Comforts " J j i t 71 IPttlll Jo ptr cent reduction H E FM1R everv nnrVit. V -I l f- nicinmcr fft:t9t a nrrillllJlll ZZ -4 ""J, ilU btlAIlUCD lVCll tUt w r -r-0 uiiuiuiuiuuiiuuuumuuuiuiuiiiuitiiiiaiiuitiitiiUiiiitiiuitiiiiiiiuiR Mokl Tea Positively Cures Sick Headache, Indigestion and Constipa tion. A delightful ..erb drink. Re moves all eruptions of the skin, pro ducing a perfect complexion or money refunded. 25c and 50c. For sale by r, W. Schmidt Co, Farms for Sale. We now have listed for sale some of the best wheat farms and stock ranches In tho county. All the places aro well improved and well supplUJ with water. Also some very desir able city property. Call and get prices. BKNTI.EY A HARTMAN. Welsslitz, president of the Gei man Womans' Club of Buffalo, N. Y., after doctoring for two years, was finally cured of her kidney trouble by the use of Lydia E. PinMiam's Vegetable Compound. Of all the diseases kuown with which the fcinalo organism Is nflllctcd, kidney disease Is the mo.st fatal, lu fact, unices prompt ami correct treatment is applied, tho weary patient hvldom su'vives. lteinir fully aware of this, Mr. Pinkhi.ni, early In her career, gave careful studv to the subject, and in producing her great remedy for woman's ills Tjj'dlu E. Plnkhiuii's YcKUtuliIri Compound made Hiiro that it con tained the correct combination of herbs ivhtch was certain U control Uiat dreaded disease, woman's kidney troubles. Tho Vegetable. Compound noU in harmony with the laws that govern tho entire female system, and while there are many so culled remcdicr fur kidney troubles, liVllla H. IMnk Iiatn's VeKctnble Coiiioiinl is :ho only 0110 especially jircpared for women. Read What Mrs. Welsslitz Says. N "Deaji Miis. Pinkiiam: For two years mylifo was mmply a bur den, I suffered so with female (roubles, and pains across my back and loins. The doctor told me that I had kidney troubles and prescrilx-U for me. For threo months 1 took his medicines, but Brow steadily worse. My huslwnd then advised nio to try Lydlu K. Plnltluim'H Veirctnblo ComiMiuiid, and broiiK'lit homo n bottle. It is tho greatest blessing ever brought to our home. Within threo months I was a changed woman. .Sly pain had dLsapiared, my complexion liccamo clear, my eyes bright, and my t-ntins sytilcm in good shape." Mks. Paula. Wkisslitz, 170 Seneca St linffalo, N. Y. j Froof that Kidney Tronblo ran k (rti by Lytlia E. Pinlham's Vegetobla Gtnptnnd. "Dkau 31ns. Pinkiiam: I feel wry thankful to you for tho good your medicine has lono mo. I had doctored for years anil was steadily growing worse. I had trouble with my kidneys, and two doctors told me I had ltright's disease ; also had falling of tho womb, and could not walk a block at a time. Aty back and head ached all tho time, and I was so nervous I could not sleep; had hysteria and fainting sikjIIs, was tirod all the time, had such a pain in my left sido that I could hardly stand, at times without putting my foot on something. "I doctored with several good doctors, but they did not help mo any. I took, in alL twelve bottles of Kyilla 1J. IMnlclinm's Vcgetiiltlo Coin pound, five boxes of Liver 1'IJls, and used three packages of Haimtlvc AVasli, and feel like a new woman, can cat and sleep well, do all my own work, and can walk two miles without feeling over tired. Tho doctors tell mo that my kidneys are all right now. I am so happy to Iw well, and I feel that I owe it all to your medicine." Jlns. Oi-al Stiiono, Daltoo, Mass. Mrs. IMiikliuiu invites nil slelt women to write her for advice. She litis guided thousands to liciilti:. Address Lynn, Mass. FORFEIT It w cannot forthwHU iro1ooe tho nrfglniil letter vul ilcnatnrMol atove UtlliouuUlf, wlilcli will i-mre Uirlr alwoluto Kenulnne. K. 1'inklii.iii Mmllclu Co., Llui, llu. $5000 Acker's Bicod Elixir positively cures Chronic Blood Poisoning and Scrofu lous affections. At all times a matchless system tonic and purifier. Money refunded If you aro not satis fied. 50c. and $1.00. For sale by F. W. Schmidt & Co. Frm for Rent, l'OO acres near town, t00 In culti vation, 50 acn-s alfalfa ground under ditch, rest pasture, now house, Rood fences, running water, complete out fit. See DEAN TATOM. DRESSING FOR THANKS GIVING is a tune when one wants to look his best, and that no one can do with, out perlectly laundered linen. Ily means of our skill, experience and cartful attention to details we will do the laundering, and when you onre get your blurts, collars and cuffs done up by us U ere will be no trouble in you doing the rest. THE DOMESTIC LAUNDRY YOUR PLUMBING! Have it done by a Scientific Plumber and you will not be bothered with bad breaks. Let lis figure on your work. BECK, TEL" 353 PLUMBER COUHT UTR RET en bom Life in the Yea J903 ilHlAl J "U1UUS IwtSSwl .1. . t; "u you pounds I mo- Wis Its ACT II Now the next question is, what happens in Act 2. . Does the grocer dig into the two-bit coffee next to the cod fish box, grind up some six-weeks-old coffee and charge it up as Java and Mocha at 40c per lb? Or does he really give the custom er what is ordered, a high grade coffee, fresh roasted, and charge t a fair profit. WHAT WOUTiD YOU DO? Supposing there wew two grocers in a well settled, proascroug com munity, one following the first plan and the other the latter. Which do you think at the end ol a years time would have most of the well-to-do customers? Which would have the beat and most profitable coffee trade? During the years that we have been sending out high grade Java and Mocha, we have watched the profitable coffee trade moving slow ly but Burely to the house that sells the best cotiee. We oiler you the but coffees that money will buy. We ask you to try them and be convinced. Things We are Now Displaying that We Never Carried Before We have just unpacked some new creations in cut glass. You surely must drop in and see this Hneeven if yon do not buy. You know what 1847 Hog r' silvcrwear is. Wu do not need to tell you. V'ti ure now eliowing in this line besides tho usual knives, forks, spoons, etc., al' tho fancy pieces. It it not now necoptary to go to Portland for hand painted china. We have tho celebrated T. V. French china. Tho artietR name on every piece. L TEA HOUSE OWL TEA HOUSE BE0TIFUL CHINA TEAS AND COFFEES