The Evening herald. (Klamath Falls, Or.) 1906-1942, July 24, 1925, Page 5, Image 5

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"EVENINf? TTTCTl AT,15 KTAMATTT FA7Tr 07lEOW
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This broad too ox
ford in rich tan
will give you style
and comfort com
bined. $9.50
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Today men want good looking shoes that stay good looking.
Bostonians arc cut from fine leathers and fitted to the shape
of your foot. That is why they are good looking when you
buy them and continue to be as your wear them.
John Kelly Shoes
for women
I Klamath Falls Shoe
l W. H. Kitto, Paop.
4
Convention Report
Given By Delegate
A tonoral report of took
Jilace at tho Intotonllonal conven
tion of Rotary at Cleveland, 0.. wus
Blvon this noon at tbo weekly liiurli
eott o( tho Roiury club, by Dr. 11,
I). L. Slownrt, who attended tho con
vention a a dolcKuto from Klumntb
Fulls. Dr. flluwnrt returned to
Klamath Fails last Monduy.
PHOT OS
Thai orlr;(y the true likeness and are finished with
the ' best '. materials and workmanship cannot be
bought with coupons.
If ordinarily they arc worth $30.00 per dozen,
coupons will not reduce the price to $12.00 per dozen.
When you deal with the Stinson Studio
You do not pay for the cost of distributing coupons
plus the cost of your photographs for we do not
deal in coupons. ? '
We Aure You of Expert Service .
of Real Value for Your Money,
and Pictures That Please
STINSON STUDIO
Fine Portraits, Kodak Finishing,
Outdoor Photography
737 Main Street
3
1919-7-pass. Hudson touring 300.00
1921 Oakland 3-pass. Coupe 300.00
1922- -Ford Coupe ........ 300.00
Cash or Terms
ACME MOTOR CO.
Sixth and Oak., ; . ; Phone 680 : .
!
him m I
.1 II Ir l it I r i 1 i i
ROSTONIANS
Kd. Vannlco road a puper entitl
ed "Self Consclouaness," that pro
voked Inunhtor throughout Its read
ing. 1.IVKH TIIHF.ATK.NKI
WASHINGTON, July 24. (P)
Tim liven of three Amorlcan mls
nUinnrliH, representatives of tho
ceiuriil American mission at Gran
ada, Nlearnnuay. havo been threat
ened and Iholr roaldunca hns been
atoned and tho mlKslon bombed.
ns
Bargai
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This good looking
shoe in black, box
calf or tan calf. A
shoe that will make
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syou a Uostonian
customer.
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$8.85
Simplex Shoes
.for children
Store
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PLOT IS NIPPED
(Contliiueil From I'ngo One)
matter tor the farmora to have re
gained pooaoaalon of It.
Tho Opinion
- Tho VanWInklo opinion follows:
. July 7. 1935
Mr. Rhea Lnper,
Stnto Engineer,
Capitol Building.
Dear Sir:
I bavo for consideration your
oral rcquoat for an opinion as to
whether you wore authorized to
isauo to the California Oregon
Power company a permit to ap
propriate ono thouxand cubic feot
por socond of water for power
purpoaoa, as specified In Its ap
plication, filed In your office or
iginally February 24, 1919, re
turned for correction June 10,
1923, and corrected application
filed In your office June 23, 1923,
which application was approved
by you and permit thoroon issued
by you Juno 13, 1925. Said ap
plication shown the source of the
proposed appropriation of water
as Link rivor and is accompanied
by a map showing tho diversion
dam described In the application
located at the head of Link river,
tho same being the mouth of
Upper Klamath Lake, the posi
tion and description thereof show
ing tlntt It Is the samo dam as
that constructed by said com
pany under Us contract with the
. Secretary of the Interior, dntod
February 24, 191?. . ,
Ilollnblo Information Is also at
hand showing , that said power
company . has been using said
dam, so constructed by It, for
tho diversion of wator Into Its
canals lending to Its power plant
located on Link river, and that
such dam is tho same identical
dam dosorlbod In said contract.
This dam Is built across tho
mouth of Upper Klnmnth Lako
and said contract purports to au
thorize said company to raise tho
water lovol of Uppor Klnmnth
Lako to iho olevntlon of 4143.3
feet above sea levol and to lowor
It not lowor than 4137 foot above
soa level. It roqulros the said
company, upon Its election to
construct said dam, to construct
tho snme so,, aa to , permit tho
raising of the elevation of the
ANOTHER
lake to a height of 4141.5 feet
within two years and within ton
yvurs to the elevation of 414 3.3
fruit. Tho ruul source of the water
supply for such appropriation Is,
therefore, Upper Klamath Lako,
the sumo being taken therefrom
at the storaga dam ucroa tin
mouth of such lake.
While the application does not
furnish this Information, I take
It there Is no question of Its ac
curacy and that the application
Is defective In not showing tho
true source of tho water to bo
appropriated thereunder.
Hectlon 1 of eliupler 5, found
ut pune 63, General Laws of Ore
gon, 1905, reads us follows:
That for tho purpoae of
aiding In tho operations of
Irrigation and reclamation,
conducted by tho Reclama
tion Service of the United
Slates, established by tho act
of Congress, approved June
17, 19CT2 (32 Stat. 3S8),
known as tho Iteclamatlon
act, the United States Is
hereby authorized to lower
tho water level of Uppor
Klamath Lake, situate In
Klamath County, Oregon,
and to lower the water level
of, or to drain any and all
of tho following lakes: Lower
or Little Klamath Lake, and
Tula or Rbett Lake, situate
In Klamath County, Oregon,
and Goose Lake, situate In
Lake County, Oregon; and '
to usa any part or all of tho
beds of said lakes for the
storage of water In connec
tion with such operations."
It Is clear that said statute
grants to the United 8tate au
thority to use the bed of Upper
Klamath Lake for the storage of
water for Its operations of Irri
gation and reclamation, conducted
by the Reclamation Service of the
United States. This would pre
clude tho use of said lako for tho
purpoBO of storing water by prl
vato individuals and corporations,
especially without securing au
thority therefor from the State
of Oregon, and no such authority
is requested by the application of
said company under considera
tion, nor granted by the permit
Issued by you thereon; nor does
It seem that such permit could
bo granted by your office In view
of the terms of such grant to the
Federal Government
' I would also cnljj attention to
section 2 of chnpT 228, found
at page 4 0 1 , Jjeneral Laws of
Oregon, 1905..; thc same being
section 5791, Oregon Laws. Said
section authorizes! the United
States to appropriate and utilize
waters of this utato, by first fil
ing notice of such . appropriation
Jn the office of the state engi
neer. Snch section1 further pro
vides that upon such action being
taken, the waters described In
such notice and unappropriated
at tho date of tho filing thereof
shall not be subject to further
appropriation under the laws of
this state but shall be deemed to
be appropriated by the United
States, and that no adverse
claims to the use of such water
shall be acquired under the laws
of this state except as for such
amount of said waters described
In said notice as may be formally
released In writing by an officer
of the United States thereunto
duly authorized, which release
shall be filed In the otfioo of the
Stnto Englneor, and further pro
vides tho manner and conditions
of making such appropriation by
tho United States. . ,
You inform mo that the United
States, through its proper of
ficers, has made such appropria
tion of the waters of Uppqr Klam
ath Lake by filing the appropriate
notice thereof In your office and
that notice of such withdrawal
was published by the Stato Engl
neor ns provided in said soction,
and no relinquishment of such
waters has ever been made. It is
clear, therefore that the waters
of lipper Klamath Lake aro there
by withdrawn In favor of tho
Federal government and that no
private person or corporation can
acquire the right to the use of
any thoreof except such as may
bo hereafter specifically released
by the Federal Government. ,,
It Is, therefore, my opinion that
you were not authorized to issue
such permit and that you are au
thorized to cancel the same, aa
having been Issued Inadvertently,
In view of the facts and law re-,,
latlng to the circumstances. I
would, therefore, advise that the,
permit be cancelled, - .....
Papers transmitted to this of
fice by you aro herewith re
turned, v
Very rospoctfully yours,
I. H. VAN WINKLE,
Attorney Qonoral.
HUKH IIKIU1KKT HODGES
Suit was brought against Horbort
Hodges by tho Hub Tire Shop and
Robort Forguson and Fred Nolson,
tor tho rocovery of approximately
$400, it ,was claimed,, on repairs of
an automobile Suit was filed this
morning. -. , ....!;.., ,
aft.
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l .11 li J J J. I 0 -iC 0
WESTE
CLASS Of ICTVlCg vtmoL
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NCWCOMB CARLTOM.
JECBVED AT.
1169 MARKET ST
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51SF TG 20 COLLECT
: KLAMATH FALLS, ORG; 1100 A M JULY 14 1925 .
store Attached "BY shertjf for radio dresstco stome-t-
CLOSED WAITING WIRE . X
" ' . - FRY: . ?
: 1119 AM .
, COME EARLY FOR SELECTIONS
IT'S A BARGAIN OF A IJFE TIME
Our Loss, Your Gain
LA VOGUE'S Stores
5th. AT MAIN
Complete Stock of Ladies' Ready-to-Wear
Apparel and Millinery;
Kearns Hopes To
Settle Squabble
LOS ANGELES. July 24. (yP)
Hopes of smoothing over the dif
ferences which have arisen tn a so
called "Split up" between Jack
Pejiipsey, heavyweight chamlon and
his manager. Jack Kearns, were ex
pressed by the latter here today a
few hours before the scheduled ar
rival of the champion from tho
east. It any receptlop committee
has planned to igree.t Dempsey upon
his' arrival at Central station they
face a possible disappointment be
cause Kearns did not know wheth
er tho champion would xide b'aldly
Into the city or leave the, train at
tome suburban station
Thou Kearns said: "Maybe today
or tomorrow I shall lhave a confer
ence with Dempsey and thresh ihis
whole thing out. I believe the dif
ference will bo smoothed over all
right. -
"It looks f me like an ordinary
business misunderstanding."
SOFIA, (P) Study of the German
language will .be obligatory In Bul
garian primary and grammar schools
during.. tho coming year. Thimbu-)
boon I announced lu a governmental
decree by tho Bulgarian premier.
J
THE RESPONSE WAS
ML It
at LA VOGUE'S
IS ON IN FULL SWING. :
THE REASON IS OBVIOUS
DCAH TcrcmAu
lLJrVL i LlivJlVJJA.rVl.VJL y
Wmk UNION
OCOftCC W. K. ATKINS. wmT
SAN FRANCISCO CALIF '
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GREAT!
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