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