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About Heppner gazette. (Heppner, Morrow County, Or.) 1892-1912 | View Entire Issue (July 9, 1908)
HelplHelp! I'm Falling Thus cried the hair. And a kind neighbor came to the res cue with a bottle of Ayer's Hair Vigor. The hair was saved! In gratitude, it grew long and heavy, and with all the deep, rich color of early life. Sold in all parts of the world for sixty years. " About one yr aeo I loit nearly all of my hair lollowllit! an altnvk of inenifel. 1 waa advlaed by a friend to imo Ayer'a Hnlr VlKor. I did so, aud at a result I now hare a beautiful liemi of liulr." Mill. W. J. Uhowm. Meuuiu onea FalU, Wla. Mada by J. O. Ayer Co., Lowell, Slasa. I Alto manuiaoturera ei SARSAPAR1LU. Pi U.S. Face. "Well," said the customer, as he pai. the harbor and moved toward the door, "I feel like congratulating myself on get ting safely out of a miffhty bad scrape." By placing himself promptly on the out ide of the barber shop he avoided get tine himself into a tniclUv bad serao. Deafness Cannot Be Cured by local application, aa they cannot reac'i ths diseased portion of the ear. '1 lier ) la only one way to cure deafneit, and that la by constitu tional remedies. Deatness is caused by an in flamed condition of the mucous lining oi the Eustachian 'I ube. When this tubi is lnflnmeJ you have a rumbling sound or imnerf Jet hear ing, a id when it is entirely closed, Paafnos iH the result, and unless the inflammation can b(! taen out and this tube rwstored to it normal condition, hearing will be destroyed forever; n hp cases out of ten are cai;sed by Catarrh, which is nothing but an Inflamed condition oi the mucous surfaces. We will (five One Hundred Dollars for an cno ol reafness (caused by catHrrh) that phi not be cured by Hall's Catarrh Ture. Send for circulars, free. T. J. CHENEY & CO., Toledo, O, Bold bv Prupeists 7"c. Ta.e Hall'B Family Fills for constipation. Doesn't Alwuya Follow. Because some men get over a fence safely wiih a loaded gun It is not al ways safe to assume that they won't examine a mule's heels to settle a bet. Washington Post. THE DAISY FLY KILLER detrnyn tit I the tliHH nnil i;ffir.H comfort to ery inmio in diniuH nut iii, tslfiiit( room ttnt h i ry Iluce win-re fl in nru t rouliU'euHiP. (Mhhh, iient mid will nl fiM of hi.mrn nny'hin. n w it liout tl-um. Try thrim onoo and you will never 1 u nut hep liy nfn.rin, ont proj.HiJ EAKOLD 80UJ.KB, 148 fceiiUb At- for jJc. , Brooklyn, K. T St. Helen's ha!l, Portland, Or. Resident and Day School for Girls Catalogue on Request. ,1 4 Products Litby's Cooked Corned BeeS There's a big differ ence between just corned beef the hind sold in bulh and Libby's Cooked Corned Dee!. The difference is in the taste, quality of meat and natural flavor. Every fiber of the meat of Lib'iy's Cooked Corned Ccel is evenly and mildly cured, cooked scientifically and carefully packed in Libby's Great While Kifchen It forms an appetiz ing dish, rich in food value and makes a sum mer meal that satisfies. for Quick Serving: Libby's Cooked Corn ed Beef, cut into thin slices. Arrange on a E latter and garnish with .ibby's Chow Chow. A tempting dish for Iuncheon,dinner,supper Writ far frr too k ial " tn Make Wood Tttmtt to Jf-X'- Llktj's el year fulerr, Llbby. McNed! I Llbky. CUctfe I A '"w aa m IwMii iiir iimiIiiViiI'mbiwi'''"' 1 . J 1 CJ IF'! 5 NffjgJtsf STATE CONTROL OF WATER. Paper Presented at Recent Meeting of Oregon State Grange. Ity John H. Lswia, State Kntfinecr. When we see the miracleg wrought by irrigation and think, of the potential energy of our stream as representing thousands of acres of the most valuable coal lands, it is no wonder that we hesitate to challenge the statement that the water resources of Oregon are to day its most valuable asset. Yet our legislators have persistently refused to enact laws governing the use and distri bution of this valuable commodity. Far-sighted corporations are rapidly ac quiring perpetual franchises to the use of water for power development, with--out present or possible future compen sation to the public, from whom the privilege is acquired. Through the lack of a reliable record of vested rights to the use of water, the public has no means of ascertain ing the location and amount of unap propriated water which is available for new uses. Large quantities of water are being held without use through actual or threatened litigation, and the intending investor or settler moves on to more progressive states, where water rights can le secured by application to the state officers, and when granted are protected, the same as other property fights. The holder of thesu question able vested rights joins with the power interests in opposing the enactment of I any law providing for public control ' and making beneficial use the basis of I ights to the use of water. How Water Is Appropriated. ' Any person can acquire a water right by simply posting a notice at the proposed point of diversion, stating the amount of water claimed, the intended use, and recording a copy of the notice at the county court house. If the wator is to be used for irrigation purposes, a certified copy of the notice must be filed with the state engineer within 30 days thereafter. It makes no differ ence if the waters of the stream are already fully utilized at points below. The notice can specify any amount, even though such amount exceed the regular flow of the stream. It may be impossible to use the water beneficially for the purpose as claimed, but that makes no difference so long as construc tion is commenced within six months. Your title is then complete, but the record is not completed by the filing of proof that work has commenced. By refiling every fix months, a water right can be held without the performance of any work until cnie legitimate investor trys to secure control of the s.ime water right. Then work must be commenced and prosecuted with due diligence. Un der this law one of our leading attor neys has Btated that a one-armed man with a shovel, employed at the intake, ean hold a water right, indefinitely. Thus the legitimate investor nu't first bnv off the notiee mm, w' o has eo- t'ributed nothing to the public welfare. Even the payment of this blackmail does not give him clear title to the necessary water, for the apparent sup ply may, perhaps, all be fully utilized in the adjoining counties below, through which the stream runs. I Tn th aVisenea of atntn control the only way for this investor te even guess at the amount of unappropriated water is to first measure the stream. and then travel down the same, meas uring the maximum capacity of esch ditch, to ascertain how much of this water has already been appropriated. If the stream is a hundred or more miles in length, this task alone would discourage the most enthusiastic in vestor or settler. Thea the records of water filings, under our present laws, ; mint also he examined to ascertain how ; many richts have been Initiated which may ultimately become vested and prove prior in time to his rlpht. No tlces claiming water, posted in thick ets alone the banks or a stream, can- not be found and are. therefore, of no development, which is encouraged and value to him. The county records are protected in Wrominp. Idaho and other of but little, if any more value. a the st'ite. is absolutely impossible in Ore recorded claims to water invarial lv ex- gem, except under the most favorible eeed many times the repulnr flow of , conditions. Capital will not invest in the stream. For eTimple. the recnrils vch storage works until the state pro of Paker cotinty show claims to the : vides the necessary administrative ma waters of Powder river for irrigation ' ehinery for protecting stored water as purposes amounting to over eitrhty it passes down the stream past numer tlmea tie flood flow of this strenm at ' ous ditch diversions to the place of in Baker City during IPOS, and the 1.145 ' tended tse. recorded claims for all purposes ' ... ... vii i No State Protection, amounted to over one hundred ami : elrhtr times this flood flow. These ! Jt i "t crime in Oregon to steal claims, therefore, cannot all be vested water. In fact, the law encourages it, rlphte. end it is Impossible to ascertain I Ai ited above, any person can ae from the record which, if anr. are valid. ' 1uir a wntcr riKht b.v posting a notice or nltimntelv mnv become vested. Be- j or iPP'11: a ,tch and diverting water, side, menv ditches have been built regardless as to the area of crops de and water diverted without anr public stroyed at the lower end of the valley record whatever. In a separate record I h' sucn wrongful diversion. Without will be fonnd court decrees affecting ! tho necessary administrative machin titles to the water of this same stream. I "r.v- flni reliable record of vested These decrees may divide the water j rights to the use of water, it would be emonf n m Inoritv of claimants, wlthn-.l- impossible to enforce any criminal law ay consideration whatever of the rights of the public in the unappro priated waters. The county reeord thus serves only to cloud title to unappro priated water and discourage invest ments. I The stream under consideration by the Investor may flow through or bor der on two or more eounties where wa ter titles are equally as complicated as described for Baker county. To ab stract the water records of the Deschutes river would require a jour ney of praetically 1,000 miles, and the examination of the worthless records of five counties. Under the 1905 act. all filings for irrigation purposes were to be recorded in the state engineer's office at Salem, but no penaltv was provided to en force this provision. Out of 1SR filings in Baker county under this act, only five were recorded at Salem. Thus what wfts intended for a complete ree- Gra(lr Enjorrd It. Bonis (strujrglinir author) That last book of mine agreeably surprised you, did it? I am clad to hear that. Xaggua (literary editor) Yee; I ex pected te devote an entire evening to read ing it. It put me to sleep In five min utes, old fellow. I'aaollelt Trlbnt. "Aunt Letty," said her little nephew from the city, "I saw a bearded lady in a dime museum once. She was a fake, bat you're the real thing." ord is, therefore, of no value to the public. Resulting Litigation. The conditions in California are identical with those in Oregon. The Commonwealth club has labored for years to secure the enactment of mod ern water laws, and in the proceedings of this club we find the statement that the. bar of California was delighted to find in their primitive water laws such a fruitful source of income, and did nothing to remedy conditions. "The statutes in question have been the foundation of some of the large for- f..na e Califnfnia hnt fVinan fnrtnnes are held exclusively by the attorneys of three candle power, and considerable of record of the misguided individuals heat, and will burn for about three who availed themselves of the privilege Vmrs. granted by these statutes." ! it Is reported that a student of tlit V2?i!V$?f innon swL Electro-Technical Institute of St. Pet sued ditch "B" and upon the sworn evidence introduced obtained a decree ersburg named r rendinhcrj; has invent giving it a priority of twenty cubic - ed an apparatus for exploding mines feet of water per second. Ditch "B" by wireless telegraphy. Numerous ex sued ditch "C" with the same result, periments already made are said to and ditch "C" thereafter sued ditch nflve lvni:11.kal)lv Slu.(.,.ssful. "A" Tuhotrhe.-?me TKV"dE! The apparatus is also claimed to be from the same stream whose rights were not determined. Along the Walla Walla river in Ore gon, litigation to secure a proper di vision of the stream has been in prog ress for about SO years, without settling a single issue. This experience is typi cal of manv other communities and should serve to demonstrate the failure of the present system of distributing water by the courts, through injunction proceedings. There are approxima ely 200 pitches diverting water from this stream in a distance of 10 miles, for the irrigation of some 5,000 acres. Nearly 500 per- song or corporations have been made parties to the latest suit, and 25 law- yers retained to protect the various rights. When the decree is rendered the relative rights of the various ditches will be known, but how will the water be divided among them! The pioneer irrigator knows that the eourt cannot deny him his usual water sup- ply, and though his right has been de- termined for perhaps the second or third time, theP question i. still, how to ret this water at the time when needed. How will he determine which of the many ditches above is diverting water without right, in order to bring an injunction suit against itt The decree is binding only on the partiPS to the suit. . fw appropriations can and will be mae, thus forcing new litigation. The same conditions which r-.routrht on the present suit still exist and this decree, without additional leg islation, will be of no more value in settling conditions than former decrees. The supreme court, by consistent de crees, has enacted practically all the water law of this state. To expect the court to provide in their decrees for the eomplieatr.1 administrative machinery to mike water decrees efWti.ve look1! like a eomplct" shifting of the burden from the legislature to the courts. ThK in the . opinion of leading water ripht lawyers, is not possible. One of the leading attorneys in the Walla Walla river cae estimates thot jthl prf.,(,r,t ,it will vtltimatelv nnst Ve tween $20.(100 and $25,000. This enor mous drain upon the agricultural re source of this smill valley, for a neca-th-e result, cannot help but retard set tlement and discourage capital. The purchase of a water rifjli t In Oregon means the purchase nf a law suit. No litigation over water rights in this state has ever settled any issue it nnni o-in l e mianrl The the j Screes are binding upon onlv parties to the litigation. These decrees often serve to cumber title to the un used waters, as the state, interested in preserving the unappropriated waters for future users, has not been repre- seated in court at trial, of these eases. Conserving Our Waters. la the arid portion of this state the area of irrigable land far exceeds the regular w-ater supply. the summer flow of these streams ean be increased manv fold by the storage of waUr in the mountains, and using the naturnl chaanel to convey such water to the pla';e of intended use. This class of covering water, even if enacted. i Theft of water in an arid region is as serious a crime as destroying the erot) of another, since it amounts to the same thing in the end, yet this state maintains no department having, control of diversions from public streams. There is no department to which the homeseeker or investor can write to ascertain if the water rights claimed for constructed works are ns represented, or whether anv unap,rn- priated water remains in " a certain stream. Even If unappropristed water exists, there is no method provided by law for acquiring elenr and undated title to this water from the public, to whom it belongs. , It requires constant htipntvn on the part of earlv annronriators to secure their rights. Wher the nrice of instice exceeds the value of the water right, the place must be abandoned. (CONCLUDED NEXT WEJTK.) Accepted. "Da yon consider your nerve Is suffi ciently stead to fit you for an airship navigator?" "Well, I've been ont in a canoe with a nervous fat girl." Cleveland l'lain Deal er. rua, DiiKra, i rv uawi. "I will follow you to the end of the earth!" hissed the villain In her shell- like ear. But the clever girl fooled him she didn't go there. Boston Transcript I In parts of Alaska Ih found a kind of fish that makes a cubital candle when It Is dried. The tail of the lisli is stuck into u crack of a wooden table to hold It upright, and Its nose Is lighted, according to the Fishing Ga zette, and it gives a good, steady litfht suited for directing Whitehead tor pedoes at long ranges. At a recent meeting of the Uoyai Society if Canada, Sir James Grant, SI I)., presented a paper on the neu rons and cells of the brains in their relation to the faculty of memory, and, after "statins; that, ns with the other tissues of the body, so with the cells 0f tlle brain, evidence of lessening power and activity appears with the of vf,lrs, &M tlie very ltl. ' J tercBting statement that the line of present investigation demonstrates that the electrical current through the brain rotates its molecules to such a d,,gree lls t0 ,,rlK.e a most notable M( ri.sl,nsu iu tlle direetion ' B HIrovl memory, Everybody knows that the water oi the Qreut Salt Lake Is very dense as weu' as Vl,ry. Sii!ti l)Ut n).lnv wm be Burpi.jri(.d t0 )oara th;lt t; density rles to a remarkable degree from LiluiT iu unit:. l fi :iiimn i;, iu icvv uiu density was l.ll'2."j, and the percentage by- weight of solid constituents was m.lC, ; in l!Mi; the density had in- creased to l.L'.Mfi, the greatest ever re- . und pvlx.vim of so!ills .,, . , . , " '1M' the densuy had ,1.- uiinislied to 1.1X10, and the percentage of solids to I'L'.iC'o. Of the solids in 1!X7, li'.ii" per cent was chlorin. "..VS per cent sodium. 1.5.'! per cent sul phate radical, per cent potassium, 0.4." per cent magnesium, and 0.H4 per ?nt calcium. The famous Neanderthal skull found in Switzerland in l v.V, and other sim-; liar skulls and parts of skulls found i elsewhere in Europe, have been re- J garde:! as representing a distinct . species of the human race, to which, the name Homo Priniigenius has been, given. Prof. W. ,1. Soilas undertakes ; to show that there are no grounds whatever fur regarding the Neander- , thai type of mafi as a separate species. ! (in the contrary, he thinks that "the' Neanderthal race, the most remote from us in time of which we have any knowledge, and the Australian, the most remote from us in sp u e, probably j represent divergent branches of the j same original stock." Iioctor Evdekker remarks that this conclusion of Prof. Sollas' accoils with the modern view that the native Australians are low- pr.uU' members of the Caucasian, or Kui.,..ui st(),.ki instead of. ns at one SUI)posod ,,,,,,,,,, (Mmie proes. "The Veddahs of Ceylon and jne 'PoTilas ef Celebes apparently mark their line of march from east." the west to! 15 This s ti,e vory latest for the 10is Buuuuor Kirl. She must wear a collar gh ff hearing, skirls that have enough ma- terlal in them to make a gas bag for Roy Knabenshue's airship, and a hat, i,ig as a washtub, that requires a courS(? j juggling to keep it balanced P(rajn " ' A Geurous HoH't. Porter Emerson Browne came Into the ollice yesterday. lie had been out in the country for a week and was very cheerful. Just as he was leaving he said: "Oid you hear about that man who died the other day and left nil he had to the orphanage?" "No," some one answered. "Ilow mieh did he leave?'' "Twelve children. Mr. Hrowne left, too. Everybody's ; MairnxliiP. one noor little flv in the bedroom n tne morning will do more effectual nork than a do7.en alarm chn ks. wstif J iess ami never gets out of repair. j ' "SUMMEU comfort:" III i I Jffl W V55f) m tnu aer Woman' Wit. An emperor of Germany besieged a.i iMfy which belonged to fine of his re bellious noblemen. After the slee had lasted for a long time the emperor de termined to take It by storm and to de stroy all It contained by fire and sword. He did not, however, wish to Injure' the defenseless women; therefore, he sent a proclamation info the town, say itig that all the women might leave the place unhurt and carry with them whatever they held most precious. The nobleman's wife Instantly decided to take her husband, and the other women followed her example. They soon is sued from the city gate in a long pro cession, each one with her husband on her shoulders. The emperor was so much struck with the noble conduct of the women that he spared all ; even the city itself was left untouched. Mothers will find Mrs. Window's Soothing Syrup the best remedy to use for their eh Ac n iaricg the teething period. A Bit Different. Towne There's one thing about my wife. She makes up her mind if she can't afford a thing that she doesn't need It. Browne Something like my .wife, only she buys It lirst and makes up her mind afterward. Philadelphia Press. CITO ;,ns' Pance and rU Nervous Dl"asee II I O permanontly cured by Ir. Kline's Great Aervn r.3toror. Knd for FREE ?2 trial bottle end realise. Dr. XI. ILiCiln.-, Ld.. HI Arch bu, l'klla.,Pa, Palnfnl Iiliqnrlte. The royal eourt of France used to be n preat place for etiquette. Louis XIV. once cuught a severe cold owing to the fact that on his arising from his bed one cold morning the lord of the chamber, whose duty it was to hand him his shirt, happened to be absent. Not one of the numerous courtiers present had the courage lo transgress etiquette by banding the garment to the shivering monarch. London Scrap Book. To brcal in New Shoes. Always shake in Allen's Foot-Hase, a powder, (t curee hot, sweating, aching, swollen feet. L'lires corns, inirowing nails and bunions. At ill druggists and shoe stores, 2"c. D.mt accept mv substitute. Sample mai :cd FREE. Address Allen S. Oimsled, Le Koy.X. Y. He Warn Practical. "Young man, you write a good d;'ui of poetry to my daughter." "Yes. sir." "It takes a practical man to sup port a wife." "Well, it's this way. I have to write her an occasional letter, and I'm sc busy at the office that I just copy the poetry to till in." The explanation was satisfactory. Exchange. Tru uMe. Nan So yoa like Archie, do you? 1 alwavs thought him just the least hi' effeminate. Tan Well, he's certainly a good deal more ladvlike than you are. WHEN YOU GOME TO PORTUh'D ARRANGE TO STOP AT THE CORNELIUS PARK AND ALDEK STS. A New and Modern European Hotel. caterinK particularly to State people. A refined place for ladie visitinsr the city, clo-e to the chopping center. F.ate-s reasonable. Free Bus. N. K.. CLARXE, (late of Porflard Hotel) Mgr. BORAX FOR FRESH MEATS Fresh meats, dusted over with pow- cieied borax (which is now prepared oi extreme fineness and purity and white as snow) and rubbed in as vou would pepper and tall, will keen fresh much longer. All that is required is to w ah the meat before cooking. KEEPS POULTRY SWEET Dead gMnie, poultry, etc.. can le kept sweet for weeks by rubbing them , wrell with powdered borax under the wings, legs, tail and placing a little in the mouth of the bird. 1 ocm! H.i'iitp wnnte.l. Write for rronpy imtkiu.? plan Tlie Feline Propensity. "How does Mrs. Sleigh get on in the club:" "Oh. she always conies up to the scratch." "Of course she does. The cat I" Baltimore American. The Kind Yott llavo Always IJouglit has borne the signa ture of Chas. II. Fletcher, and litis been made under his personal supervision for over HO years. Allow no one to deceive you in this. Counterlcits, Imitations and tTust-n-pood" are but Experiments, nnd endanger tlie health of Children Experience against Experiment. What is CASTORIA Castoria is n harmless substitute for Castor Oil, Pare goric, lrops and Soothing1 Syrups. It is Pleasant. It contains neither Opium, 3Iorphino nor other .Narcotic substance. Its age is its guarantee. It destroys Worms and allays Feverishncss. It cures Diarrluviv and 'Wind Colic. It relieves Teething Troubles, cures Constipation ami Flatulency. It assimilates the Food, regulates the Stomach and Bowels, giving healthy and natural sleep. Tho Children's Panacea The .Mother's Friend, Tlie Kind You Hare Always Bought Bears the In Use For Over 30 Years. thi emr.uK eoMMtnv. tt win STKcrr. an voam citt. rPPf I I l. ,11. I JAWI .IIHMII Truth and Quality apppal to the Well-Informed in every walk of life and are essential to per manent success and creditable stand ing. Accordingly, It is not claimed that Syrup of Figs and Elixir of Senna is the only remedy of known value, but one of many reasons why it is the best of personal and family larflth'es Is the fact that it cleanses, sweetens and relieves the Internal organs on which It acts without any debilitating after effects and without having to increase the quantity from time to time. It acts pleasantly and naturally and truly as a laxative, and its component parts are known to and approved by physicians, as it is free from all objectionable substances. To get its beneficial effects always purchase the genuine manufactured by the Cali fornia Fig Syrup Co., only, and for sale by all leading druggists. Onlj Mii'bl Air at Mllhl. speaking of Florence Nightingale and her eiTorls to keep the world healthy, it seems pertinent to make special mention of her mission in be half of the open window at night. In the early years ef her labors much un intelligent opposition, to this method of ventilation because of the supposed harinfulness of the night air was ex pressed, but Miss Nightingale had one stock argument iu support of her posi tion, it beiug the question. "What air shall we breathe at night but night air?" It was unanswerable from her opponents' point (f view, even If it did not always convert them, but it did lead a countless number into saner ways of living and along the way to the present methods of treating tuber culosis. Cc ston Transcript. More Trouble for Johnny. "No." explained Mrs. Lapsling, "Johnny says he wasn't bitten by the dog, but I'm not going to take any chances. 1 shall have h'ru expurgated juxt as soon as I can p-t him to the doctor's." Chicago Trib une. "THE SCOOOL OF QUALITY" Better each year, and larrer. We now have two floors 6 x 100 feet. Thorough work tells the story. It counts in the end, and we admittedly lead in this re. s-pect. Get our catalogue, penwork, etc., then judge for yourself as to quality. A. P. ARMSTRONG, LL.D.. I'rincipal Tanth and Morrison Portland, Oregon C. Gee Wo Tbo wt'M known reliable CHINESE Root and Herb DOCTOR r m.'ido n life pfddy of He'X.ft -r'- 1,1,1 sur,i l't i.n,l in thai '.SS"--"$'r.-(.T n.'ii.iv li..cvfrp-l laul is civ. iV2'fm:-- A, ? ix " t lie vorld ha- wouder- No Mjrcury, Po:sons or Drugs Used - He Cures Without Oner.v;oti, r Without t:ie Aid of a Knife Jut i-imran.-i'i tn i itro lnli.rih. Asthma, Lunff. :nn -u. l.n-. l..;:i'v ! -O'.blt -:ii.o MiinliOOu. omul 1 v enkri. an? A : i hnhic iJit r,., a suk:: caicep. cuke Just Received fro.-ii Pei-.i-.s-. t.:iina Safe, Sure end Uelio.'.ilc. IF YOr ATIK Al l KTI.'i OVT PFXAY. hHjLid Aim uaKc. fjsot's. COA'SULTA'I'ION PiiEG tf vou canr.ot cp.ll. write fcr rop Ion blnnk and olrott Inr. J-.H-tii ti I r r-r-! iu an- it. TKK C. JKK VU KIM SEJ!Kr.i'. lKE(X.-. 162 1- i'irst b... Cor Mprri.-u.. i'ortiund, Oregoc l ltiise Ait'tiMou 1 hie 1'r.j pr. rllU No. 2303 1TT1I E writing: to adTertiaem please V meniicn tltis pier. Signature of