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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (July 9, 1904)
I' . -.i
DAILY EAST OREGONIAN, PENDLETON, OREGON, SATURDAY, JULY 9, 1004.
j July Clearance Sale
From July Cth to 31st, wo will make It a special Inducement
for you to buy your shoos and Oxfords from us. On nil broken
lines of shoes nnd Oxfords wo will niako DIG REDUCTIONS, and
you will save money by purchasing at this sale.
Tho best of shoes at bed-rock prices.
DINDINGER, WILSON & CO.
GOOD 8HOE8 CHEAP. "Phone Main 1131.
DECISION BT ELLIS
OF THE DEFENDANTS,
Irrigation Districts Must Acquire
Water Rights Either by Purchase,
Lease or Condemnation Before They
Can Assume to Control or Regulate
Water Opinion Rendered in Ac
tion Brought by Irrigation District
to Restrain the Aggressions of Pri
vate Users of Water.
i IS INCORRIGIBLE
".YOUNG BOY ACCUSED OF
"r ' STEALING A GOLD WATCH.
Is a Saloon Loafer and Has Been In
RJinor Troubles Before Was Ap
prehended With the Assistance of a
Xady Friend Defendant Is In Jail
'He Claims Ahat He Traded a Ho
bo Out of the Timepiece Strong
Circumstantial Evidence Against
Roy Hutchinson was arrested last
sight on an Information charging him
with larceny from a dwelling, and
Vlodged In tho county jail. Ho Is ac
cused of stealing a gold watch be
longing to Jirs. William Baker.
It Is stated by tho authorities that
while tho boy Is tho son of honest
nnd highly respected people, ho him'
self Is a ne'er-do-well, and has spent
the most of his time loafing around
saloons. On several occasions ho has
been In trouble for petty offenses, but
lias been allowed to escape prosecu
tlon on account of his youth and out
of regard for his parents.
A short time ago the watch was
missed from lirs. Baker's houso
under circumstances which pointed
strongly toward Hutchinson as tho
thief. City Marshal Carney was ask'
ed to Investigate the matter. He gave
a young fellow named Bowman $5 to
assist him In ferreting out tho auth
or of the crime. Bowman bad a con
versation -with a girl with whom
Hutchinson has been keeping compa
ny, In which ho divulged to her that
Hutchinson rested under suspicion of
The girl, informed Hutchinson that
he was suspected, whereupon he wont
to Carney with the watch and said ho
In an lmportnnt nnd far-reaching'
opinion delivered from the bonch In
the circuit court this morning, Judge
Kills holds that nu Irrigation district
must acquire by somo legal procedure
had obtained It from n hobo. Ho ile- "o vested rights which existed In In
clared he had. given tho tramp a illvlduals prior to tho formation of tho
chean watch nnd n smnll amount of district. Tho decision wns rondored
money for Mrs. Baker's tlmopleco. Ho In tho suit of the Little Walla Walla
was not then nrrested on account of Irrigation District against O. N. Pros
tho objection of Mr. Baker, who as- ton and others, residents of tho dis
serted that he did not caro to prose- trlct. Tho district was represented
cuto a young boy. Carnoy saw Mrs. by Attornoys Stlllmnu & Pierce, while
Baker later on nnd told her that sho Halley & Lowell appeared as conn-
Bhould take action, ns the boy is an sel for the defendants.
Incorrigible nnd has been allowed to Tho iiartlea to tho suit had locked
escapo punishment for a number of hnrnn imnn Mm niiMlInn nf thn now.
offenses. 0rs of tho irrigation district to control
Airs. linker tlien swore to an in- thn wntnr In IIh lorrllnrv. Tim nttnr-
formation laid by Deputy District At- noys for tho plaintiff contended that
lurnuy coiner ami uopiuy anoriii wlion thn nririin zntlnn wns comnletod
Davis plnced Hutchinson under arrest it carried with it power to control or
insi mgni. reculntn thn water within Its boun
muciiinson wns arraigneu in ine claries used for lrr lint on mimeses.
circuit court ueioro jungo wins on Whllo tho attorneys for the residents
tho charge of larceny from n dwelling took the ground that before this could
this morning, nnd entered a plen of i)n ilnnn thn district must ncoulro bv
not guilty. His ball was fixed at $260. ieKni nrocess the vested rights which
He was unable to securo bonds nnd existed In individuals nrlor to its or-
wns returned to tho custody of tho Unnlzntlnn. Thn miirt holds with tho
sheriff. His trial will take place nt iicfcndantR
the next jury term.
At this season ti.ere is al
ways the danger of sudden at
tacks from stomach and bowel
troubles. It Is best to bo pre- 1
pared to prevent serious re
sults by having always at
hand a bottle of our
There is nothing like having
a good r jedy when it is need
ed. For tho quick relief and
cure of colic, cramps, cholera
morbus, dysentery and ordinary
diarrhoea, It Is pleasant nnd
may be taken by young or old. '
Your tonoy back if it falls to ',
Tailman (Sb Co.
Week Has Been Very Warm
and Very Moist.
tho past week, furnished by Observer without duo process of law, and in
This question is touched upon both
by tho constitution of the United
States and of tho state of Oregon and
by tho settled precepts of the com
mon law, to tho effect that private
property shall not be taken for public
without compensation or
H. F. Johnson:
July 1 87
this case, while there is no attempt
mndo to attack the Irrigation district
as an entity, tho defendants claim
that they have vested rights In the
water which tho district cannot in
trace any manner Interfere with until by
somo legal means they have acquired
those rights and compensated the
Judgo Kills takes the view, which
he holds Is borne out by a long lino
of authorities, that property In water
exists just tho same as property In
land, and that an Irrigation district
must acquire such property If it would
Therefore he concludes
EAGLES CARNI vmL MONDAY.
Dixie Carnival Company Comes From
The Dalles Tomorrow,
Tho Dlxlo Cnrnlval Company will
nrrivo tomorrow from The Dallos, to
open a weok's carnival under tho nua
pices of the Eagles on Mondny morn
ing. Tho compnny comes highly rec
ommended nnd tho weok's amusement
nnd enjoyment promises to ho first
class In every respect.
The local nerlo of Eagles has tnken
every precaution to protect the peo
ple from grafters and fnklrs and tho
dty will be presented with a clenn,
Interesting show including somo of
the beat novelties on tho road.
Tho voting contest for king of tho
carnlvnl Is progressing nicely, thcro
bolng plenty of "quiet onthualnsni"
on tho subject. Votes will bo receiv
ed until noxt Thursdny evening, nt
which time tho successful cnndldnto
will ho crowned in stylo befitting tho
man and the occasion.
Tho Eagles feel highly elated ovor
the prospects for tho success of tno
carnival, and fully bellovo that Pen
dleton nnd surrounding towns will
heartily patronize tho event In order
to assist the lodge In its building
Tho proceeds of tho cnrnlval to tho
Eagles' lodge will bo applied to the
now Eagles' temple In this city, which
will be erected in the near future.
The Dlxlo compnny hns received no
bonus from nny source to como to
this city and will depend for its m
como upon Its merits, which is n guar
antee of its good faith and cleanliness.
NEW THEATRICAL TROUPE.
Organized by K. J. Taylor and Will Go
on the Road,
Manngcr K. J. Tnylor, of tho Frazor
thenter, hns booked an aggregation of
histrionic tnlent nnd wll go on tho
road with his troupo for two wooks.
Two wore booked from Spoknno, a
team from Portland, and seven others
from various points, including local
tnlont, making 11 persons in tho com
Tho troupo lenves here Monday and
oxpecls to mako Ijh Grando and Bnkor
City during tho tlmo It is on tho road.
Returning In about two wooks, tho
company will piny tho Frazor for tho
Defendant's Alleged Pal Is Out on
Bonds at Athena.
G. C. White pleaded guilty In the
circuit court boforo Judge Ellis this
morning to n charge of cattlo steal
ing. He will bo sentenced noxt Mon
dny. He stole three cows from Sol
Lemery, two of them being Bold to
Walla Walla butchers. Thoy wero se
cured by Lemory boforo being slaugh
tered. J. W. Duffy, jointly accused
with White, is now out on bonds nnd
nt his homo in Athena.
Will La Roque nnd Wnrd Stevens,
charged with horso stealing, wero ar
raigned and entered pitas or not
guilty. They will bo tried at tho Oc
tober term of court.
J. A. Howard, manager of tho Gol
cumin mlno at Sumptor, arrived in tho
city yestorday on business connected
with tho mlno. Ho hnd conforonces
this morning with Colonel J. H. Raloy,
Attorney T. O. Hnlloy nnd John S.
Heckwlth, tho ofTlclnl court reporter.
A meeting of stockholders is billed
for this nftemoon or evening.
Now spring shirts. Tho Boston.
von l...... ""id
O. W. Coffman Went on Duty at Noon
n W. Pnffmnn nnnnlnlnil a ononlnl Control It
officer by City Marshal Carnoy yester- he Plaintiff must either purchase or
day evening, in accordance with ac- V .
Hon tnken nt tho last meeting of tho or 11 11 cJannot u? thls' 80 ,nt0 "10
common council, went on dutv at courts and let a Jury pass upon tho
noon today. His shift will bo from
noon until midnight dally. Coffman
will remain in tho employ of tho city
during the noxt 60 or 90 days.
Operation for Appendicitis.
C. B. McKennon. of La Grande, was
operated on for appendicitis at St.
Anthony's hospital this morning by
Dr. M. K. Hall, of La Grande, assist
ed by Dr. W. G. cole.
value of such rights In the same man
ner as a railroad company may con
demn a right of way, or a city prl
vate property for street, park or other
In this caso some of the rights of
tho defendants and other citizens
within the irrigation district ore val
liable nnd ancient, and, should the
matter over como before tho courts
under condemnation proceedings then
the principles of law as laid down by
tho Oregon supreme court would ap
piy; nameiy, tnat riparian owners
Life Diploma to Miss Baum,
lie schools, this morning received no . be divested, and that prior appro
llfn rtlnlnm from thn Bta.n nf flrn. I,naw 01 Wer Ior DenellCIOl PUr-
1 tin U 11 CI hniri) vi.rhta .min.fn. in nil . . 1 .
1""J u Hi' v . ft l u ou(Vt.UI IU Ull DUU'
gon, of which she is justly proud.
Vote for King of the Carnival.
I voto for
to bo king of tho Eagles' Car-
nival, Pendleton, July 11-16.
This coupon is good for five
votes- nnd must bo voted nt
this office not Inter than 6 p.
ni July 14. All candidates for
king must bo members of the
local nerie of Eagles.
WE RECEIVE DEP08ITS FOR ANY SUM FROM ONE DOL
LAR UPWARDS. A PA88-BOOK WILL BE GIVEN YOU WHEN
YOU MAKE THE FIRST DEPOSIT. YOU THEN HAVE A BANK
ACCOUNT' WHICH DRAW8 INTEREST. YOU CAN ADD TO
THIS ACCOUNT AT YOUR PLEASURE.
One Defendant Held, Another DIs
charged From Custody. '
Joe Williams, nn Imllnn wna m-
rested vestonl.iv hv TTniiori simmc,
Deputy Marshal Jacob Proebstel on
u warrant issued oy united States
Commislsoner John Halley, charging
mm wun inning liquor on the reser
vntlon July 5. At the examination
uuiuro mo commissioner this morn
IniT WllllllnlH WAR hnltl in nnown. l.n
foro tho federal grand jury at Port
The nvlilenpn Rhmvnrl tl.nl wniion.
' 1 '. 'I V IT I, 1, 1411, 13
was drunk and illsnrilnrlv
searched by Jack nnd Wacatse, Indian
poucemon, wno round a bottle of nlco
noi on mm.
Charles Ooisn Wns nrrooln.l
rrocnsiei vesierr nv im rhir,,mi ,..ui.
giving llouor to Frank nnnlfnr n hnir.
breed. Uonlfor hnd n iiian.rr-onr,,nt
- --- .....,, wiiuivut
With GcIsh after rennlvlno ihs un...
( . . ...jj ll.u UUUt,
u is aiiegeu, anil told of the occur
rence, unaries M. Robinson, tho
UKencv clone, snnt him in rnt,ii.
His story was then corroborated by
Tillequolts, another Indian, who was
with him at thn II mo hn i
.. ifiwtiua iaj
nave ueen given the whisky by Golss
At tho oxamlnatlnn VAQlnrilnv linn.
ever. TlllenuollR ilnnlod nil l,r,,'i,i
of tho affair. As a result Golss was
acquitted ror lack of evidence.
Commercial National Bank
Party Returns From Attending Wed
aing ceremony at Astoria.
Judge O. A. Hartmn n r-fltnrriarl in
- - . .viuinvu U
mo cuv una mnrnini- fmm n
t....i "--,---- ...... nip lu
iwiiiuiin aim Asioria. Ho loft Pen
dleton last Sunday mnmlnrv with n
party to nttond tho WPlltllntr t9 file
sun, u. imrimuii, jr., to Miss Mary
Allco Gray, which took placo nt As
toria Wednesday nfiem
O'clock. TllOSO Who attention mo.l.
ding from this city wero Judgo nnd
Mrs. Hartman, Fred Hartman, Miss
Jessie Hartman, Mrs. Llna Sturgls,
Cresslo Sturgls and Roy W, Ritnor.
Tho ceremony wbb performod at
tho resldonco of tho bride. Mr. Rltner
officiated as groomsman. The newly
wedded couplo loft for Newport, on
Yaqulna bay, shortly after the nup
tials woro colobralnil
A new-born hnhn wna rmm.i in ti.n
brush near -Eugene. Wednomiiiv.
James Smith, Deserter.
James Smith, who deserted the
United States army service whllo
serving ns a member of Company B,
19th Infantry, nt vnncouver barracks,
will be taken bnck tomorrow by City
Marshal Cnrnoy. A wiro wns receiv
ed this morning by tho marshal from
Col. Huston, the officer commnnding
nt the post, saying tnat on the de
livery of Smith at the barracks a re
ward of $30 and necessary expenses
would be paid.
Official Bonds Filed.
Tho official bonds of tho following
were filed with County Clerk Sallng
today: M. A. Ferguson, justice of
tho peace, Adams district; William
Baker and T. A. Llouallcn, sureties;
O. L. Baker, constable, Adams dis
trict, William Baker and August Arp
sureties; L-. S. Wood, justice of the
peaco Weston district, G. W. Proeb
stel and M. M. Ransom, sureties.
THIS IS THE TIME OF YEAR WHEN WE ARE
THE END OF THE SPRING SEASON AND MID-8UMME
FINOS US WITH A NUMBER OF BARGAIN8 ON HANI
THE8E WILL BE MADE EVEN MORE ATTRACTIVE BY FUl
THER PRICE REDUCTIONS. YOU WILL FIND THEM
The Boston Ston
Shoes and Clothing
An Improved machlno for sealing en
velopes has been Invented by a man
In Topcka, Kansas. The machine, it
is claimed, will seal from 8000 to 15,-
000 envelopes per hour of any ordi
with the coflec you
arc drinking? If not
it is your own fault.
You can buy
grocers sell it.
1 and 2 K. aroma-tight tins.
J. A. FOLGCR OX CO.
laapovtar of Fin Coffa
Have you a "boomerang"? Great
port for tho boys; 25, 35 nnd 50c
Frederick Nplf &Co.
Bird cages, onamoled and brass. IE
uiueroni siyios, (vc to ji.ub.
Men's and Boys' Clothing at
$12.50 Mon's Suits
J16.00 Men's Suits
f $17.50 Mon'a Suits
J20.00 Mon's Suits
Thl3 same rate of reduction applies to all other priced clotl
We will glvo n apodal discount upon all boys' clothlnfr
Straw Hats at
BAER. & DALEY
Almost 200 patterns fancy cups and
saucers, ioc to 51.-15 each.
Curtain stretchers, two styles, $1.05
1U SL'.'Jl). M&dn or hard wnnrt nnri
Oregon State Normal Sctool, Monc;
-nm rvMir ttr
uogins its twenty.thlrd year Soptombor i'u, v"t'r0ag a coi
eaen scnooi year, affording equal opportunities iu
in Soptombor. November. February and April.
THE BE8T TRAINING FOR TEACHERS , ,
is tho Normal course, with Its .assurance of good P'". n totett
wages. Write for now cntaloguo containing full 'D''1 undr rl
ing courses of study, training in actual teaching affprae" . j
conditions In town and country schools, and full aei J'tticiei
"uimivuu wuurou ui muuy wun mo uuumu neM'r'
Address SocreUry J. B. V. Butler, or Prt8'M'lJimouth', 0rt9'u
whoro it had been deserted.