i. Mi I' . -.i ( PAGE EIGHT. DAILY EAST OREGONIAN, PENDLETON, OREGON, SATURDAY, JULY 9, 1004. . rit ItJI f 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 8USTAINS P08ITION 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 Him. 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 authorities. 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. Sudden Slimmer Sickness 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 Blackberry Balsam 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 ', give satisfaction. Tailman (Sb Co. LEADING DRUGGISTS WEATHER REPORT. Past 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: Max. July 1 87 .81 .89 .83 .92 .97 .94 .89 MIn. 62 02 58 58 55 60 62 64 SPECIAL POLICEMAN. 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 owners theretor. 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 Rain. .03 2.00 trace 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 fund. 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 pnny. ' 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 summer sonson. PLEADED GUILTY. 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. Golconda Meeting. 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. Flemish "mm tbeBt0 von l...... ""id ouuer cool. Removal Ptj( See our OWL TEA HOUS O. W. Coffman Went on Duty at Noon Today, 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 public purposes. 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. sequent appropriators. TWO ARRESTS. 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. A Bank Account Drawing Interest 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 lanu. 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. sloner Halley. 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. GRAY-HARTMAN. Commercial National Bank OF PENDLETON! 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 week's honeymoon. 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. REMEMBER THIS IS THE TIME OF YEAR WHEN WE ARE MORE THAN GENEROUS 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 EVERY DEPARTMENT. 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 nary bulk. GREAT SAVING "V. Are You .Satisfied with the coflec you arc drinking? If not it is your own fault. You can buy Golden Gate High grade grocers sell it. 1 and 2 K. aroma-tight tins. J. A. FOLGCR OX CO. Ban imUco laapovtar of Fin Coffa Have you a "boomerang"? Great port for tho boys; 25, 35 nnd 50c each. Frederick Nplf &Co. Bird cages, onamoled and brass. IE uiueroni siyios, (vc to ji.ub. Men's and Boys' Clothing at Slashed Prices $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 BOYS CLOTHING We will glvo n apodal discount upon all boys' clothlnfr Straw Hats at Half Price 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. moving pins.