out xra.TX zxii3z& on axiziisxi
VOL. XXII.
LAKHVIKW, LAKH COUNTY, OIIKUON, THURSDAY, MVA !), 1901.
NO. 18.
WATER
RIGHTS
CASE.
Supreme Court Decides
on Privileges of Owner
of Land Contiguous to
Stream--The Chewau-'
can Case, Jones-Conn.
The Supreme Court ol Oregon, on
April'." h, handed dow u an oiinioii in
Iho l-aku County water fHiw, in which
Hie jtltf itit-nt of Circuit Judge Benson
was afllrmed. The opinion iaa folio :
George Jones el al., appellant, vs.
George Conn, respondent, from 1-ake
county, Henry L. BeniMiii, JuI ; af
tlrmed. Opinion lv Chief Jullce Bean.
Thin wa a suit to enjoin the defend
ant Conn from diverting the waters of
Chew am an River through a ditch re
cently constructed by hint. The plaintiffs-are
ririan proprietor on Ilia
river, and the iihihti' in severalty of
divers tract of arid land, aggregating
several tlmUKanil acre. These landa are
l.-vcl, and when irrigated, very fertile,
Iml valueless without Conn ii nup
kt riparian proprietor, owning 876 acres,
through which the river Mows a distance
f nearly two inilra. The upland lie
proMim-M lo irrigate in somewhat lower
ttiasi a bluff lielweeii it and the river,
him! alon- aliglitly away therefrom, so
that it wa contended that any water
lined thereon fur irrigation cannot find
it way hy xTolalioii hark into the
river. 1'art of the land contiguous to
the stream, hut not bordering it, was
acquired ly different conveyance from
that hy which he obtained the real of
pYeu
"There la viilualiy but one question
involved in thia cane, and that i wheth
er the Uud which the dcleudaiit seeks
to irrigate are riparian in character. It
in common learning that every person
through whom- premise a nt ream of
water Hows, bus a riiihl to Use and enjoy
it it passe throtigli hi laud; hut, a
nil other proprietor have similar
light, it ui-ccasiuily follow that one can
not use or ilivcit the water to the injury
nf another. The right of each must I hi
exercised in MilMirdiiiatiou to that of all
the other. A we understand the law,
Imidn Ixudi-ring on a Htream are ripa
1 1 it ii , without regard to their extent,
'i'liu fact that the owner may have pro
cured the particular tract washed by the
stream at one time, and subsequently
purchased laud adjoining it, will not
make him any the Ichh a riparian pro
prietor, nor should it alone lie a valid
objection to hia lining the water on the
land IiikI acquired. The only thing
necessary to entitle him to the right of
a riparian propiietor in to show the body
f land ow ned by him borders upon a
stream, fly virtue of the ownership of
Iriinl in proximity to the Htream, hu ia
entitled to a reuHoiuthle line of the water,
which i dollncd a, 'any use thai dm-
not, work uctmil, nuiterial, and substan
tial dauiagu to the common right w hich
each proprietor has, a limited and quali
fied hy the precisely equal right of every
other proprietor.' In the determination
of what will he considered uch an line,
each cane mtiHt deiciid entirely upon
its own facts and circumstances. . .
Tho right to use) the water belong to
tho owner of the hind, mid the extent of
ita exercise in not to Ik determined by
the ureu or contour of hia land, but it
effect upon other riparian proprietor."
The decree of the lower court having
been in accordance with theso rule of
Jaw, the decree isallirniod.
Dally Mail From South.
I'oHtniiiHter Wilcox ia circulating u pe
tition to tho authorities at Washington
praying for u seven-times-H-week mail
via the Southern. Tim N-U-o My.
Company hu already put on a Sunday
train anil it is thought the prayer of
titionciH for a new Mchodulu will lm
granted. Thia will be a great conven
ience to the people of Lakeview and
way points, as heretofore the Sunday
mail for tho north laid over at liono,
unit a doublu mail arrived on Monday
evening. Doubtless the change will li
made w ithin thirty days.
LAKE COUNTY!
A Brief Description of One of the Big
Counties of Oregon.
Some of the Resources of Southeastern Oregon, the
Possibilities of Lake County The Locality
That Home-Seekers Should Not Overlook.
take county, Oregon, la the third
Urgent county in the Stale. It lenuih
in 116 mile arid it hreadlh 80 mile.
The country ia mountainous, inter
rpcrsed with numerous large and count
leu small fertile valley. On the I .omit
ain in an abundance of grasa and hun
dred of thousands of head of Uk are
pasturing there continuously. 'I he hind
i well adapted to agricultural purpoM-,
hut scarcely eullicicnl h been ciiln-
vated to supply local demand. It ha arte, and intending purchasers may ad
been considered uele, heretofore, to! dress The Examiner at any lime for a
cultivate more than necessary lor the i list of places for sale. The. vacant land
growing of cereal for home cotisunip
tion, aa the expense of pending the snr
plu to market would not be a paying
industry, owing to remoteness fioui tail
road. However, a railroad the Ne
vada, California A Oregon ill, we are
a ii red, have it rail laid to l.keview
from the present terminim at Termo,
Cat., within the next fifteen month.
Knginecra are already in the Held select
ing the lxt route. When the railroad
reaches I-akevie , through the exten
sive and rich (iooee Ijike valley, then
will agriculture, fruit and the garden
produce induntry be extensively en
gaged in. Theie is a promise w iihin the
next few months of the establishment
nf a creamery on a large scale for the
manufacture of butter and cheese. There
are many new induMrieaoonteui plated for
X
!
Lakeview and surrounding country. Thej I'aciliit Railway in the Siskiyou mount
town owns its ow n water and electric I ain. to Ager, Cal., thente to I-akeview,
light system, and Iihh a ixipulatioii of a a distance of lt0 miles over a good road
thousand eople. It ha an elegant j hy stage or private conveyance. Mail
school building, with high sclusil grade
and five teachers. It hu two churches
Methodist and Baptist. The business
portion is all brick. One year ago, on
the i'XA of May, the entire business Mo
tion of Lakeview was in bsIich; to-day
the site of that catastrophe, w here two
hundred and fifty thousand dollars worth
of proH-rty was destroyed, is graced with
beautiful brick structures, a sample of
which appears in these columns.
Lakeview is surrounded by extensive
valleys, and lies at the verge of the
tireat liiMiso Lake, 1 ,r x 1 ." miles in dimen
sion. New Pine Creek at the slate line
(California and Oregon) to the south,
and l'aisley, in the heart of the great
Chewaticau river to the north, are two
growing towna with bright prospects
ahead. .lust across the ridge of low
mountains to the east is to be found the
great Warner valley, one of the most j
fertile spots in Oregon, lioiing for aite-,
sian water is a new industry just started j
all over Lake county, with good pros- i
ihicIs of success. One could not even I
mention casually in a limited space like
this all the industries and possibilities : a heavy roller over it, pulling the sage
of which Lake county can and should j brush up by the roots,
boast. We have tine forests of timber, i We always have sufficient rains, at
numerous sawmills, great cattle ranches, j about the right seasons, to insure good
an abundance of water flowing from the ' crop. Seldom does it got near sero
nioiiniuin canyons nearly all the year
round, and for rt and pleasure the
li et f)hing pools and camping place
on thecoa-t; all kind of big and little
came are here alno in abundance. Rand
of antelope, niimlwriiig in the hundred,
(curry over Lake' hill, and the big
mule tail deer can he found anywhere in
the mountain and foothill.
Ih-eiled land in Lake county, Oregon,
may lie purchased at 2.60 to (7 per
may beneqiiited under thedesert, home
stead or limber land laws of the United
Mates, A United Htates land office i
located in takeview Jjor the accommo
dation of settler. Considerable state
land can be had in thia county at .V
-r acre on easy payments. All kinds
of hardy fruits grow abundantly here
slid U-rrie aie very prolific. I'ersons
desinng to acquire home, either im
proved, partly improved or otherwise,
stiotil.l not rest until they see this por
tion of the Slate of Oregon.
The. altitude of Lake county Is at an
avernge of 4,500 feet. One can reach
here, coming from the Kant, over the
Cent i a I l'aiillc to Heno, Nevada, thence
hy the Nevada, California A Oregon
Railway to Termo, Cal., ISO miles dis
tant from Lnkeview, or r the Hoot hern
reaches lakeview from San Francisco
via the Southern in forty-eight hours.
Termo, Cal., the present terminus of the
tailroad, is now the shipping point for
Lake county. There is a bank in Lake
view, and our merchants and stockmen
do about one million dollars' worth of
business annually. A Unit ten thousand
head of fat cattle and fifty thousand
sheep are sold in Lake county every
year. SliM'kmen drive to the railroad,
but will soon do their shipping from
Lakeview. There is an abundance of
line timber laud (much of which is now
being taken) within a radius of twenty
to fifty miles of Lakeview. tiood home
stead locations can be found within an
easy day's drive of the county seat.
Lund heretofore considered of little
value are being taken up rapidly by a
thrifty set of people from other states,
w ho consider it good enough upon w hich
to make homes. Lnds of Lake count)
can be cleared for cultivation without
exHMise, as most of it is dark sandy
loam, covered with sagebrush, which is
taken up by driving a team attached to
here in the winter, and about sufficient
snow falls to insure good range feed for
stock in summer. Cattlemen usually feed
their herd, or the most of them, about
sixty or seventy days In the winter.
I'artly improved places of 80 to 320
! acres can be had near Lakeview at f 4 to
(12 per acre. For information regard
ing these places Eastern people should
address "The Examiner," Lakeview,
Oregon.
The merit of Ijike county ia attested
in the fact that people once attracted
here seldom go else here, for they pro
claim it the best section in which to
make money in the entire Northwest.
A few of the things that Lake comity
possesses: Cheap lands; plenty of
water; cool night in midsummer ;
picturesque scenery ; good mail and
telegraph facilities; pure, cold mount
ain water the year round; innumerable
hot springs; great lakes fed by mount
ain streams, and beautiful fertile val
leys; a mine that produces good salt;
the finest fishing pools and banting
grounds on the Pacific Coaat ; fine schools
and churches ; thirty-five sheep, 3 horses
and 10 head of cattle for every man,
woman and child in Lake county. We
have jails that are unoccupied 35 days
in the year, and churches filled every
Sunday. We have not an? paupers
our people are self-sustaining; we have
not a single day in midsummer too hot
to work in the sun ; we have not any
cyclones, hurricanes, bliuards or floods.
We want ten thousand more people
in Lake county.
TIHBER LANDS.
People of Lake County Who Still
Mold Right Should Ue Them.
The demand for Umber land is mov
ing a number of Portland citizens to
mske use of their homestead rights and
quite a number will take up quarter sec
tiona this summer, says the Oregonisn.
Vacant quarter are not so numerous a
they were two years ago, and those de
siring to obtain timber land from the
Government will have to go into the re
mote parts of Southern Oregon. A ho
tel clerk w ho expects to uee his home
stead right, said yesterday: "I shall
get me a quarter upon which there is
7,000,000 or 8,000,000 feet of good Ore
gon fir. I can obtain title by simply
sleeping on the place once in six months,
while the improvements I put on will
not lie very expensive. By and by I can
sell my quarter section to a syndicate
for f',1000 and thus make quite a raise by
a little effort. I have already secured a
quarter in Washington, under the Tim
ber Laud act, at an outlay of f400 and
I refused :i000 for it the other day."
William itasmuseen, a prominent lum
berman of La Crosse, Wis., who is at the
Imperial, predicts a big demand for Ore
gon lumber in the East within a few
years. "The pine of the Southern
States," he said yesterday, "is inferior
to the Oregon fir and lasts only two
years, when exposed to the weather.
The pine of Michigan, Wisconsin and
Minnesota will be pretty well exhausted
within four or five years, and then the
East must look to the Pacific Coast for
its structural timber."
Mr. Hasiuusseu is in Oregon with a
view to purchasing timber lands while
they are cheap.
It behooves the cititen of Lake coun
ty, w ho has not already used bis or her
homestead right, to "get in on the
ground floor," before everything in the
timber line is taken.
Mr. and Mrs. A. Y. Beach start next
week as delegates from Lakeview to the
I. O. O. F. and Rebekah Grand Lodges,
which convene at Baker City on May
22d ami 23d. Before returning Mr. and
Mrs. Beach will visit the Pan-American
Exposition at Buffalo, New York, going
on the special train that curries the
Oregon Press Association. They expect
to be absent two months or more.
Miss Hose B. Coleman, one of the
teachers of the Lakeview public school,
starts next week for Eugene, where
she will reside for some time. Miss
Coleman made numerous warm friends
during her stay here, and especially
will the pupils of her school room miss
her, as she w as very popular with them.
Miss Coleman is not only an estimable
and brilliant woman, but a teacher of
the first rank, and The Examiner be
speaks for her success wherever she
goes.
RAIL
ROAD
SPARKS.
Vice President Dunaway
Says Lakeview Is the
Objective Point and the
N-C-0 Will Get Here as
Early as Possible.
Altura Plaindealer: "We have re
ceived a bit of railroad news of the verv
greatest importance to the people of
Modoc and Lake coon ties. The news
come to us from a reliable source, and,,
though we are not at liberty to give the
name of the informant, we regard it aa
absolutely reliable. Mentiou ha been
made from time to time of the control
of the Sierra Valley Railway by the N.
C. O. Lat week the engineer corp was
taken off the Termo extension, presum
ably to do a little work on the Sierra
division. It now transpire that the N. .
C. 0. Railway people have obtained pos
session not only of the Sierra division,
but of the franchise down Feather river.
and that the line will be extended di
rect to navigable water on the Sacra
mento, where it will connect with boat
to and from San Francisco.
"This will give to the counties of
Lassen, Modoc and the country north ot
us direct communication with San Fran
cisco without any change or transfer ex
cept from boats, owned by the company,
and the railroad. The importance of
this move on the part of the N. C. O.
people "an not be overdrawn. That it is
true we feel confident, aa the informs--tion
cornea to us from Reno and from a
source we believe absolutely reliable.
la the meautime work on the extension
from Termo will not be pushed verjr
rapidly for the present. Only sufficient
road w ill be constructed to enable a good
shipping point to be reached probably
at Likely."
"The Lakeview Examiner copies an
item from the Oregouian to the effect
that the N. C. 0. Railway w ill go up the
west side of Goose Lake valley, leaving
Lakeview out in the cold. Do not con
sume your soul with anxiety, Bro. Mc
Garrey. The road will do no such thing.
It will follow the Goose Lake beach on
the east side as nearly as possible.
Water and ice have thrown up a ridge
of gravel and sand several feet high,
making a natural road bed and supply
ing gravel enough to ballast the road to
Reno. The idea that the road would
leave this level beach to cut and tunnel
through the lava bluffs on the west side
is too ridiculous to be entertained for a
moment."
Reno Gaxette: "The Lakeview Ex
aminer of April 25th, under the caption
of "A Word to the Wise is Sufficient,'
speaking of the peobable plans of the
N. C. O., said that it was currently ru
mored that Lakeview was to be left out
or to oue side. A Gazette reporter was'
at once detailed to interview the Gen
eral Manager with a view of finding out
if such were the company's intention.
"Mr. Dunaway said that it was not.
That his company had never made any
other calculations but to run to Lake
view ; 'But,' he added, 'I cannot say as
to which side of Goose Lake the road
will run on that will have to be deter
mined by the surveyors' compass and
level.' lie also said that it had been
suggested that by taking the west side,
what is knowu as Sugar Loat Hill would
tie avoided and a shorter line obtained,
but, that, in any event, I-akeview was
the objective point.
"Mr. Dunaway is greatly impressed
with the go-aheadativeness nf the peo
ple of Lakeview, and incidentally re
marked that he thought the territory
should be occupied at the earliest pos
sible moment ; 'And you can say forme,
if you please,' he added, ' that that will
be the policy of the N. C. O."
Two Thousand 'Examiners."
Though not au unusual or extraordi
nary publication, two thousand copies
of this issue ot The Examiner will be
distributed at the Pan Americau Expo
sition at Buffalo. These papers may
fall into the hands of numerous people
who intend to come West to seek new
homes.