TWELVE PAGES.
DAILY EAST OREGONIAN, PEWDLETOJC, OKEGON, WEDNFXDAY, DECEMBEK 27, 1911.
PAGE TIlKEX.
ality
os urn
At lower prices than you are compelled to pay for inferior makes
Alfred Benjamin, Society Brand and Chesterfield
Suits -and Overcoats
The Clothes with the style.
The Clothes with the wear.
Special Prices for This Week
$22.50 Suits and Overcoats for . . $16.90
CLOTI-ICS Sl5L
WmW
k.j ukj
Mm
$25.00 Suits and Overcoats for . . SI 8.75
$27.50 Suits and Overcoats for . . $20.70
$30.00 Suits and Overcoats for . . $22.50
$15 00 Suits and Overcoats for . . $1 1.25
$ I 7.50 Suits and Overcoats for . . $13.15
$18 50 Suits and Overcoats for . . $13.90
$20.00 Suits and Overcoats f or . . $ 1 5.00
. . ,
$35.00 Suits and Overcoats for . . $26.25
We Assure You Satisfaction or Your Money
Cheerfully Refunded
BON
BROTHERS
Pendleton's
Leading Clothiers
SUPREME COURT
DECIDES WATER CASE
i si: of v.vri:ii fndf.k
A NEW I'lUVClPI.!
One Appro.'trintor 'un I'so All WaMT
! and I.oavM N"nn for Tho4 WIkh-h
Cla im I lii nk Second or fnwr Op
Mrlunity Is First Kswntial.
AT IHE PICTURE SHOWS
OrphPiim.
Special Kaloin featuro in three
reels for Tuesday's change.
"Arrah-No-Pogue," (Kalem). An
Irish drama in three reels. Every
arena made in the Heautlful Emerald
Isle. A verltablu transcript from hu
man life, related in 4 7 absorbing
Rccncs, embellished with primitive
scenic splendors and Interpreted by a
galaxy of artists of surpassing merit.
"Mr. Pock does Calling," (Bio
graph.) Jt is Sirs, peck's birthday
and Peck hns bought, her a ring. They
make a neighborly call and poor
I'eck is placed In a very embarrassing
position. He falls to sleep and Is la
ter taken for a burglar. Ho escapes,
but leaves his coat behind, which Is
found later by Mrs. I'eck. It takes a
lot of explaining.
"The Hoautlful Voice," (Blograph).
An eccentric Frenchman, passing al
ong the avenue, hears the sound of a
beautiful voice and falls in lovo with
I he unseen singer. When ho presents
himself he finds It is a phonograph.
less he calH a battleship to his aid,
and Rosamond is saved.
"Lucky Hob." Bison. Bob got the
job of Farrel who was discharged and
a'so won Nell, the Superintendent's
daughter. Incurring the enmity of
Jack, the foreman. Jack bribed Far
rel to tamper with the hoisting ma
chinery, cau-lng a serious accident
and bob was blamed. Nell clears
him and the plotters were pursued
nnd lassoed in a sensational manner.
"The Laft Friend." Ambrosia.
Heautlful story of a child's love for
her little pet.
"Molly of the Hegimcnt." Ambro
sia. Ftirrlntr story of war time
"Was n Worth Whl'e." Nestor.
It's a worth wh'le picture of great
dramatic strength.
1IFAVETTS AGAIN DltAW.
At the Grand.
"The New Judge" Is breaking nil
house records a a laugh producer
and large houses.
"The flood hlp, Nancy I-ee,"
Thursday's change, the management
lias something up its sleeve as a sur
prise for thi rn'rons of the Grand.
This Is one of the lloger Bros.' feature
comedies nnd had a long New York
The Hewett company at the Ore
gon theater last night was we!l re
ceived by another good house. The
dramatic work done by Mr. and Mrs.
Hewett, who were once associated
with the Orpheum circuit, proved
them to be artisU in their line. To
night magic and illusions will fill the
bill with Daniel Boon as a leading
feature film.
: I CDADTC I
i
KAISER IS A GOOD llFNTEK.
Kalscrin Frequently Accompanies Illm
on His Shooting I'xiMxlitlons.
Berlin. Kaiser Wilhelm has been
indulging his well-known passion for
hunting with more than usual vigor
this year and the cold which for a
few days postponed his intended trip
to South Germany was the pontlty of
exposure on the hunting grounds
about Doberitz.
Since early fall most of his leisure
has been spent in following the
Fight For Championship.
Salt Lake City, Dec. 27. When Jim
Flynn and Tony Caponi enter the ring
here tonight for a ten-round bout
each man will have an eye on cham
pionship honors. "Anxious as I am
to meet Jack Johnson," said Flynn
today, "I cannot afford to take chanc
es. I will go In to win from the start."
Caponi, who aspires to the middle
weight leadership, declared: "This is
my chance to show the fans what 1
can do against a heavier man. I am
sure I will be able to go through ten
rounds and take Flynn's measure."
Salem, Or., Dec. 27. A decision of
general Interest In Oregon at this time
owing to the issue over the u e of the.
i water of the Umatilla river 'n the ex
tension of the Umatilla project, and
also because of the fact that the de
cision Illustrates a decided evolution
in the court's way of interpreting wa
ter right laws, was handed down by
the supreme court In an opinion writ
i ten by Justice Burnett in the ca-e of
i Cavinesa vs. the La Grande Irriga
j tion company et al.
I The plaint ff settled on the Grand,
. Ronde river in 1862 and about three
years afterward appropriated water
from the stream for use on his land.
! More or less use was al o made of the
! water by neighbors on the river above
h'm He alone maintained his origi-,
; nal holding of land and water to the
I present. The lands higher up the rlv-,
er passed into other hands and the
successors of the original holders
formed various corporations to appro- j
priate water mainly for Irrigation. !
Claiming that these corporations and:
some few Indlvidua's above him were:
tak'ng so much water that his rights1
were invaded, the plaintiff brought;
suit to quiet his title to the u-e of the i
water in the amount he claimed and :
to enjoin the defendants from inter-
fering with it. The defendant corpjor-!
atlon endeavored to prove that thej
other orig'nal settlers made appro-
j prlations of water before the plain
tiff and to trace their t'tles back to
I them.
Two Kinds of l Impossible.
In the opinion by Justice Burnett,
the court mod'fied the decision of the
c'rcult court and enunciated the fol
lowing principles:
An allegation that a corporation Is
a mere ho'ding concern, organized for
the auxilliary purpose of managing
the water privileges belong'ng to cer
tain persons, is not proven by articles
of incorporation showing that the
company is doing business as a water
uer. In the absence of anything
showing that such a corporation ac
ouired appropriat'ons of water made
by prior holders, it cannot defend an
appropr'ation made earlier than its
organization. Although one whose
land borders upon a non-navigable
stream may claim the use of water
either as a riparian owner or as an
propriator, he cannot cla'm in both
capacities at once, a reason for this
being that a ripar'n used of wter is
always a tenant in common, in a cer
tain sense, with every other riparian
user on the stream, while an appro
priator is a tenant In severalty, In
dependent of other water users, and
one cannot at the same time hold title
to the same th'ng both In common
and In severalty.
At least for the purposes of irriga
tion, the right of one claiming the use
use of water as a riparian owner is
Tmited at all times by the condition
that U must be so exercised rs not ma
terially to injure the rights of other
riparian owners in the proportional
use of the water of the same stream
for the irrigation of the'r riparian
land.
One Mnu May Take All.
On the other hand, an appropriat
or, subject to rights in existence at
the time his appropriation is made,
may take all the water he can use
resionably nd without wste for a bene
f'cial project, although none may be
left for those who come afterwards.
One who demands tne use of a fix
ed quantity of water under all cir
cumstances is construed to claim as
Tlio Past line.
Interesting program for holiday
week. Tuesday's change follows:
. "Suffer I-'Ulo Children." Vita
Kraph. Those who see nothing beau
tiful in a child must have something
wrong insldo them. Here 1 a Mory
of an old fellow who preaches love
and practices hardhness to h's chil
dren until he Is awakened t oa real
ization that God la love and children
are of H's kingdom. He opens his
heart and takes his own unto him
felf. "WRo Owns the Baby." Lubln. The
baby alone is enough to make any
audience just love this picture. Add
to th 8 tho well knit plot, the high
class histrionic art, the happy ending
and It is surely a winner.
"Tho Now Super'ntcndent." Sellg.
A benutiful and picturesque romance
of old Mexico, This is a strong Ptory
founded on the California oil well
f res. The only picture of this nature
ever secured. Very exciting.
"Peggy, tho Moonshiner's Daugh
ter." Kalem. An Idyl of the hills. A
story of lovo and loyalty, featuring
Al'ce Joyce as Peggy.
nnd Chicago run. The scene is on t() report, he has again shown himself
board the sh p Nancy J,ee, oound lor ., n,Pj,t nt both forms of sport. Up
the North Pole. This Is a scenic rro- Pn n9 visit to his shooting-box,
duetlon and nil special scenery has Hubertusstock. he achieved n record
been arranged for same. The dates Hi- thirty-one stags, bringing down sev
for tho military drama given for the or.,i 0r them with long and difficult
Matnhan camp of veterans of tho shots.
Spanish American war will be Janu- This year the Kalscrin has nccom
nry 15, IB and 17th, Instead of dates panted him on many of his hunting
g'ven in Tuesday night's issue. Friday expeditions and at the Doberitz hunt
n'ght la amnteur night at the Grand. n large number of women, among
Don't miss It. I them his daughter. Princess Victoria
Johnson Would Meet McVey.
Chicago. Ill, D. C. 27. Believing
thiit some of the near offers for a
fight mean real business, Champion
Jack Johnson today began light train
ing in order to be ready to start hard
hounds or in shooting, and, according I work if he should be made a bona
GARCON! A FII.ET KFIXDEEH.
Louise, Joined in the chase.
The Cosy,
Wednesday and Thursday an extra'
ord'nary feature comedy, totally un
like anything you ever saw or Imag
ined before, full of wonderful UIu
slons and surprises. Absolutely the
best comedies ever made.
"Desperate Desmond Foiled by
Claudo Eclair." Nestor. These won
dorful comedy pictures are taken
from the series of funny pictures that
have beon running .'or some time In
the dnl'y papers. Wh'le Rosamond
and Claude are boating on the lake
they are scon by Desperate Do'mond.
P,y tho aid of some wild nien on
moving 'sland the lovers are captur
ed; after being saved from a pot of
bo'Tnar tnr, Claudo Is put in a big safe
and thrown ovorboord but lands on
the back of a big turtle, who kindly
puts him ashore. By means of wire-
MAYOlfS WIFF, SF.U;S
GOOIMI'.S AT CUT It ATE
fide offer for a bout. He stated that
he is willing to meet Sam McVey. be
fore Hugh Mcintosh's club in Austral
ia for 130 000, pr.nvnod Mcintosh will
deposit the money in a bunk.
Murphy Wins Decision.
New York, Dec. 27. "Harlem"
Tommy Murphy, who recently lost
the decision in a 20-round match with
Packey McFarland, won the poular
decision by a narrow margin from Joe
Bedell, a Brooklyn lightweight, in a
ten-round bout in Brooklyn last night.
'. S. Official Says We Soon Will He
Knt'nir Meat of Alaska.
Washington Reindeer meat from Indianapolis, Ind. Mrs. Lewis
Alaska soon may ho a fond common Shank actively reinforced her husband
to the Amer'can table. ;the mayor of Indianapolis, in hns cam-
Thls opinion was expressed by Wll- paign against the high cost of Chrlst-
llnm F Lopp. in chnrge of the gov- mas feasting.
ernment's reindeer service, who has j she stood In the public market sell
Just returned from a tour of Inspee- lug dressed turkeys and chickens,
tlon through Alaska in behalf of the walnuts and mlnco meat, purchased by
United States bureau of education. the mayor directly from the producers
A commercial sh'pment of rein- and offered to the consumers nt pri
ces under those asked by the regular
dealers.
Mrs. Shank's smile of acknowledg
ment of fellclatlons stimulated busi
ness at the mayor's stand and the
stock moved rapidly.
Outside the market building the
fnayor in person superintended the
sale of live turkeys and chickens. He
offered In all a thousand fowls, a ton
o' walnuts and several hundred gal
lons of mince meat at cut prices.
Day and night school nt the Pen
dleton Business College will open Jan
uary 2nd. Special inducements to all
pupils enrolling during opening week.
SHOW HEN NIPS DIAMOND.
E
OREGONTHUTR
The Sreai
Go
liwiSfl
rnpany
Magic
Illusions
Dramatic
Sketches
Huskrated
Songs
Moving
Pictures
Change of pro
gram every
night
Performance at, 8 p. m,
10 and 20C
an appropriator and not as a ripar
ian owner, lthough his land abuts up
on the stream.
Opportunity to take in the first es
sential to an appropriation so that
any one may appropriate water from
a non-navigable stream or he can
lawfully gain access to the stream for
that purpose, and water is there not
subject to the use of nother.
Swellings of the f'esn caused by In
flammation, cold, fractures of the
hone, toothache, neuralgia or rheu
matism can be relieved by applying
HALLARD'S SNOW LINIMENT. It
should be well rubbed in over the part
affected. Its great healing aid pen
eratlng power eases the pain, redu;
ditiens. Price 25c, 50c and SI per
cs swelling and restores natural con
bottle. Sold by A. C. Koeppen & Brks.
CASTOR I A
For Infants and Children.
The Kind Ycu Have Always Bought
Bears the
Signature
TALLMAN & CO.
Guarantees Hyomei
If you really mean that you want
to dr:ve every bit of catarrh from
your no-c and throat why- not try a
sensible remedy that is guaranteed to
banish catarrh, or money back.
If you already own a little hard
rubber HYOMEI (pronounce It High-o-me)
for on.y 50 cents. If you do
not own an inhaler ask for complete
HYOMEI outfit which contains no in
haler, this will cost you $1.00.
Then breathe HYOMEI and 'get rid
of catarrh, rel'ef comes In f've min
utes, a day's treatment will make you
happy, a week's treatment and snuf-fje-s
mucous and hawklngg go, an
other week and goodbye to catarrh.
Try it today on money back plan.
Sold by Tallman & Co. and druggists
everywhere.
UKF, OF ANY CHHONIO IHSKASKTHF, GKKATl'ST hVCCFSSFVIv C
WITHOUT HUG JvMFE.
Pee our patients testimony. Dec. 1st, 1911.
I am glad to tell the public what the Chinese Doctor did for me. I
was nearly dead suffering from abcess in the stomach and three Am
erican doctors told me there wis no hope for mo except an operation
which I felt would kill me. So we called Pr. Leo Ching Wo and tried
his medicine and in two weeks I was out of danger. Took his wonderful
medicine four weeks more and am nearly well.
I can cheerfully recommend hi remedy to any one who is in need of
a doctor, for he certainly saved my life. Mrs. Ida Herring, 215 West
Alder St., Walla Walla, Washington.
We receive testimonials from our patients daily who have been cured.
It you want to be cured, come and see us or if unable to come, write
and enclose a two cent stamp for symptom blank. Write without delay.
Address: LF.O CUING WO, CHINESE MEDICINE CO.,
H E. Main St.. Walla W alla, Washington.
deer meat tho first made Into this
eountr, hns Just been received at Se
attle," Lopp said.
"In twenty-five years, with the per
centage of Increase,' there should be
3.000.000 reindeer In Alaska, on which
the peop'e of this country can depend
for much of their flesh diet."
A Terrible Blunder
to neglect liver trouble. Never do !t.
Take Dr. King's New Life Pills on the
first sign of constipation, biliousness
or Inactive bowels and prevent vir
ulent indigestion, Jaundice or gall
tones. They regulate liver, stomach
nnd bowels and hu'ld up your heal:h.
Only 26c at Koeppens.
To Portland or California, take
Northern Pacific, via Pasco, and S.
P. & 8. Ry. Lenve 1:30 p. m., ar
rive Portland 8:10 a m. W. Ad
orns, agent at passenger station, for
through tickets and all arrangements.
Plan to Mine a Meteor.
Prescott, Ariz. A story has reached
ed Prescott of he fall'ng of an enor
mous meteor near Supal station close
to the line of tho Pnnta Fe ra'lrond.
An evidence of the heavenly visitor Is
a hole twenty-five feet In diameter
and about forty feet deep, filled with
vapor and Intnsely hot.
It l sn'd that a mineral location
has a'ready been fled by some bust
ness people, who propose to unearth
the meeor'te for sale to some scien
tlfic institution.
Cureless Fancier Refuses to Kill
Chicken, Saying Ho Has More (Jems.
Allentown, Pa. While petting a
pretty white Leghorn hen during the
closing hours of the poultry show, A.
B. Fowler, said to be a rich poultry
fancier from central New York state,
lost a diamond stud.
In the display of the Blink Bonnie
farm was an attractive little white
chicken that everybody made a pet of
During the week she had been taken
out of her cage many times and al
lowed to sit on the shoulders of wo
men, when she would peck at their
earrings or the buttons on their coats.
Fowler put the hen on his shoulder,
when she began to peck at his dia
mond. The stone was not very well
fastened and the little hen swallowed
it.
A bystander suggested killing the
chicken, but Fowler vetoed the sug
gestion, saying it was his own faul",
and that he had a lot more diamonds
anyway.
PTT.ES CFTCED 1 o TO 14 DAYS.
Your druggist will refund monev
If PAZO OINTMENT falls to cure any
case of Itching Blind, Bleeding or
Protruding Pile In to 14 days. ?0o.
Lumber and Building
11 a A Large and Complete Stock Al
1 la IV rial ways on Hand and PRICED RIGHT
The Best Mill Work to be
Obtained in the Northwest
Let Us Figure With You
on Your Next Order
Pendleton Planing Mil! and Lum-
hor Yard A. BORIE LUMBER CO., Proprietors
UCI I dill PHONE MAIN 7