davidaulloa/AmericanStories huggingface dataset:
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
Kemp. WORE P..dIIe,. Mercural vermi-

Kemp'a WORE. Pastiiles.. .Mercura1 Vermi-
fuses sometimes kill the CHILD well the
They are dangerous, uncertain, nauseons. The Pas
TILES are safe, unfalins, palaiahlc. BRrsroL's sAR-
sArARLLA, the grand specific Tor Consumption scrof-
ua,, Debility, Mercurial disease. Salt Rheum and Fe-
male Disabilities, never disarponss the hopes Of the
sufferer. Sold by ID. I. Lanman & Co., wholesale
druggists, 50 Water street, New York, and by all
Druggists earsaparilla ", and Pastilles 3sc per bot
lie. Sec3i&w.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
HOLIDAY PICTURES.

"Susan dear! where did you get that pic
turef' 'why ut RANDALL q ELLIoTT's City
Gallery, No 45, Main street. Won't it be
fine Tor a Christmas PRESENT." Yes, AID
shall go this,yery day and have mine taken'''
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

FAvORs.-Ws,, are. uuder eanstapt obliga-
ton to Mr. G.. ii. FISH of Adams Coos
Express, for the latest papers. He added es7
peciaf, Iayoi hast evening. 900 a,., 40 i'.n
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
CORPORATION NOTICE.

ORDERED. That the owners 81 Lots No. 9. 70 and
" III Block No. II East Enlargement, cause the ala
ley in rear Of and adsonpg said Lots. ard extending
fan Isl street through said Block No. 81 until Il inter-
sects the alley, running az right angles through said
days after the publication OF tbs notcs, and in de.
fault thereof the Cafnasen Ce;',cii viii proceed to
have Said done, and the and expenses ac-
cruing thereby wiz lie assessed aud collected Nv
sale Of said lets much thereof will satisfy said
lien and COSTS BY order of the Common Council.
Attest: WELL. III. WALKER. Clerk.
novE-lw-voks'ote Copy.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
DRUG STORE.
PATENT MEDICINES zoo - -
HOUSE TO RENT.

!. ~ Ply sicar $ prescriptions and family recips
compounded by an experienced spouhcary q az al
hours Of the day or night laugh AZ
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

= ~ Read This-For all Bowel Diseases, Choiers,
Ds spepsa. fhriehcy, Constipation, and General De
blity, We know Of nothipG betss than In Hostcusr
Celebrated Stomach BTttefs. One wine glass taken
three times each day, before meals viii cure
for all the above diseases, will all heavess
from the stomach; keeyou free from costiveness, as
sf digestion, give good appetite, and umpsrt q
healthy tone, to the whSls system. Every family
'shoull keep these Filters hand dnrng the summer
season as family meRiene, For sale w ~ uriucpiI
druggists and dealers generally roo dec2.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

= 10000 PATIENTS CURED ANNUALLY by the
use Of Hcimbold's Genuine Preparation Of Find Ez-
tract Of Buchu--a most positive and specific remedy.
for'iisues,ins aiiurntk fsrsd ke sdvetyssmeht irs
another criumn, headed "Ilelmbo1Ts Genuine Prepa-
ration.
toctsl I'm wOOLsEY L SAWYER, Aserts.J
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
TELEGRAPHIC.
a PHOTOGRAPHED EXCLUSIVELY TO THE
EVANSVILLE DAILY JOURNAL ~
CINCINNATI. Dee. s-r

- CINCINNATI, Dec. IN
This mornings Commercial learns that
the planning mill and axe factory. Of Mead &
Co., of lrotiton, Ohio, was destroyed By fire
rance. T6sIffo attributed To- an incsnS ipsT
Several other houses were likewise set on fire
during same night. sAo Ripley. jackson
county. Va, nine buildings. iauluding six
stores, were destroyed by fire few nights
siice. Loss x25,O ooy f-T'7 =
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
r-A writer, in the Cincinnati iGazet IT

~ 4 writer in the Cincinnati Gazette
declares that by actual experiment Inc has
found one newspaper coverlid to equal
three WOODEN blankets in keepinga sleeper
warm. wcwih furnish all the poor in the
city with these comfortable protectors, gra-
tuitously from oar exchange, if any one has
faith init. = q
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
CITY EXCHANGE.

vUNHE subscriber bees leave TO inform the public,
u that he has just opened the above establishment
on the corner Of Third and Sycamore streets, where
he has good accommodations for boarers on reason
able terms A we'll supplied BARRON is con-
nected with the house. PHILIP Hit.
novls3w -ft +. l.s.-.f
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
SELECT SCHOOL.

NHISS JANE W. SEELY will open . SELECT
I'VE School, on the 9th of November. at the resi-
dence OF her father, for the reception OF Misses;
In connection an Infant Department Tor children of
either Ii is desirable that application lie made
within the time limited First Street, between Null
berry anil nm -.lrU
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

Rhodes Fever and Ague Cure. ~.
FOR ALL BILIOUS COMPLAINTS TAKE
st4 The Anti-BiIiOus Pills.
An anxilery to the "cure." stsssl gY
These Remedies destroy the Disease but not the Pa
-: w. b. CHAPIS, Wholesale Agent, RI
eer sale by Druggists geueyaityg HOFf
.~ieii -omo-t&w l-..-.,
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
River mud Weather by Telegraph.

River mud Weather by Telegraph. :.
u iCINcISSATI, DcS 3-M
Weather clear, light frost this morning.
Mercury 40. River rising slowly.
s-fe PirTsBURe, Dec So
River 10 feet inches by the pier, and fall
ing. Weather clear.
.s.,,.. ,,,,l7a Louisville, Dec 81
/! River rising; Z feet 8 inches in canal, feet
inches on The falls. - -.
CiNcrNsArr,' -PH
River stationary. Weather clear.
,s1o:s P,rTsBuRe, Dec Syn
River 10 feet iuchcs and falling.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

COAL NOTICE.

The price Of ccdsf dieTepfAx Mrxss. Is at the
Pit, Cents per bushel; hauled to any part sf,ths
city, 10 Cents per bashcl. !.
feba t4e e., as1-. Secretary and Manager.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
murray < I.nma,n,,,. Floriaa N "a

,ypu irissce skull Can ypu appreciate the breath
Of nswers, Do you xish tor a clear complexionl In
this lasaiic floral ess nee you have the best confer
irrant. the nalmiest perfume, the finest cosmetic i'm
existence Sold by ID. T. Lanman & Co wholesale
druggists. 81 Water street, Aes orks sndAs' all drug
Gas, at 5ec. per bottle. novl.0-lwd&x.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
ToYs,N oTioNs,

EUsT received fnil stock ~. most AL the leaiins
articles in the Toy and Notioa line. for my retail
and ioahing trade With my present arrangements
will awHy he laspFy' 70 see af.c6stoners who nav
favor me with call, TO look or huy.- in addition 10
FLUTES, Flies, FRENCH IIarps, Bpnios Se, have in
store four superior Boston make fIANOS, AT ~ which
wifi sold low for cash. A. C. PtSIIEE, "a
septs ~ g'sr lh30lNo. slitchelI's Block.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

Holloway's Pills.--The functional dcsanee-
ment incident to females entirely prevented by
these pills. At the periods when they usually
occur. They hsve most happy effect on all com
plants peculiar to the SEX Sold at the manufactures.
No. 50 Maiden Lane, New York, and No. sti Strapp.
Lonio; and by all druggists, al rs, 7sXe.' and 81
per box - ~ /. .i uef1.@.s o..
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
LoUIsvILLE, Dec 3-Mi

Miller's examination against his alleged
accomplices 1.-THE murder Of Craddock is
progressing. He tells u straightforward sto-
ry but the community refuse to believe his
inplicati9ps WITHOUT sorrsbaranom. is,.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

a. If our IsalfEs have jTennssssef III
nois, North and South Carolina, or other UNI
eurreat money they wish to sell they can dc
so at the Savings Bank, on First street, near
Main.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
CORPORATION NOTICE.

snRDERED. That the owners Of Blocks Nos % and
~ : in Stockweiis Enlargement Lainasre, lying and
being tetw-e sth and .gh street, and 9Th and 10Th
p.yisivn ind also lois Nos n, "; and
~, IN BHck No 52 Lamasco, cause the nussnce exist
ing on sad desfr. I'D property, caused iy standing
water, TO lie aiaet y hilg ny said property Of suf-
hcent heishih to drain ss,ii from Of The sane.
Sai worx 20 he done within ten davs after the puica
ton Of this notice, and iasauh thereof the Common
Connciwff proceed 10 have said work done, and the
costsand occurring thereby xi be assessed
10 ard collected by sale of said property much
thereof as will SATISFY said lien and By order of
Common Council
WELL III. WALKER, Clerk.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
CINCINNATI, Dec 3-rx

Flour declined to a. and dali. Grain I'M
changed. Whisky closed siulf at 17lll. Hog.
and Provisions closed without any aitcra-
ton. Hogs MAJ be quoted at "a 75dt5 30.
Mess Pork ei39el4. Lard sG!0, the latter
for keg. Exchange on, New York duh, pieh-
~ and lower; 1902 per cent Premium
Money continues stringent. rgf.s
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
WIN! H.IKIRKER. /,
--' 49, Sff1Tse r~er tt--.-sh 10
Our NATIONAL dtssgdes.rDr. ROback's Cures.

Our Nauophl DoSocHs IDf. sopeSS S"sss'
The, AHeriea,f. stomach is q torsnenting or
gan. Tits generally but of cf.ler, The 'rca-
son j. Dubious. The driving m an of business
has not times or will not take time. properly
to masticare: his FOOD. IL, ,bolta it, anil as
bad habits are catcbihs- all classes follow his
example: Hence Dyspepsia. with all its
compli qtions1-,heneea Indigestion. Liver
Complaint, and disorders OF the Bowels, in
Al their varipusphx-s~f .. Agninst these and
a hundred other complaints. DIR. Robaek is
wagipg- an extel ninaiine warfare. ,iiis<wea-
pens aye the cfamous Blood Pills and Blood.
Parifcr. and they are Irresistible. The sue
CO.'S OF tbesc Medieiae~l,as been astonishing.
eteu in an age Ct scientific miracles. They
do not atieriate, they esfiAguisA disorder.
The agony, the fever. the debility. the dcs-
penaency, which characterize affections of
the digestive and secrctive Organs, vanish
under the influence of these preparations.
The .constitution itself seems to acquire new
energy under their operation. We say totbe
.$akl everywhere, read, Dr.. Reback's. ,adycr.
tiserhentss and give his Blood Pills and Blood
Purifier q fair tfiaf EgVFA7I AAf
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
TIL GIfrxr ENt:EfsI REMEDY.
.s.i. SIX JAMES, GkAEKE's .clu,
ssi.ci CEI. Err Ars3n . ItAl II, n fglIA. 80

sg. SIX JAMES CLAkkE'S ,r.
bri@cI CRLEBR A HI SiiAi sLR fsiA.s.
Prepared from prescription OF Sir James Clarke, NJ.
D., Physician Extraordinary to the Queen. This in
valuable Medicine Is uniling the cure Of all thos.
panfr and dangerous diseases ineent to the Female
IL n,oerltes all excess, all distractions and
nrings the monthly pers.is with regutgtt hess
Pills should tetseT txo tr three weeks previous TO
confipemeut; they fortfy the constitution ami lessen
the suffering during labor, enabling mother to per.
form her duties witir-s,fety Ito hefsef and child.
/" Tsse Pills should not 70 taken by females during
therRSf THREE MONTHS of Pregnancy. Ms they
are surcto bring on Miscarriage, butatany other time
they ares ;tfe.l - - ~ ri'"t'-' -
In ali eases Of Nervous and Spinal Affections, Pain
in the Back and Linls, Ielyiness, Fatigue on Slg.s
Exertion aIpftAo OF the Heart, Lowness OF Spirits,
lIysercs Sick Headaches, Whites and all the painful
diseases isione by hisorlyrel ~ stem, these Pills
will effect cure when al other means have fale and
although powerful remedy do not contain iron
cssioniel, antnIouv. ar any other mineral.
Full directions accmnpanylng each package. Price
In the United States and Canada. One Dollar.
e., .N.sh-sla3 and postage stamps enclosed tn any
authizei Agent. wiz insure ls,,tt ~ the Pills ny
retarn mail. ". W. RoBERTs, Indianapolis. :.
Ass !slr Sole Al gent fpr fn1ana.
4s-AI... ia sd. .,HALLoGK a sToDDARD,
ape' bf-iyis -. General Agents. Evansville.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
Cincinnati Markets,

CiScISsATf, Dec SIX
Flour dull and, nominal; there is no de-
mand. Whisky declined to tx and dull
Hogs steady ut IS for good size. 400 bbls
Pork sold Mt sl3 snd 55usditto, two weeks,
packed, ut ga. Enthusiastically steady and
rather firmer., Receipts Of hogs fallen OF to
5000 day, chiefly froin. Kentucky. ~
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
500 HOGS PER DAY.
EONFECTlONERs's SUGAR.
: - bDls. just received and im sale nv
decl GILBERT L. BOwLES.
BANK NOTICE

FYNllE annual meeting OF the Stockholders in the
Branch ut Evansville, of the bank of the State Of
In viii he held a Me Banking House in Evans
vile, on Iues'hy, January Sth. 1855, between the
hours OF l0o'ciocS, A ~ and o'clock, p. NJ when
statement ~ the eiiIgn q the Branch will he sub
serve the ensuing year BY order Of the Board Of Di.
rect =
novSl-iR&w ts- ~ ISAM'L BAYARp, Cashier.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

A. ANSP.ACHER & CO.. sr -
Manufacturers of CLOTHING,
Also importers ard Wholesale Dealers IN, ~
Cloths, Cassime res, i-sntflnetts, vestfngs
TAILoRs TRiNNsNes, AID sr{l
= fGEyTLEMES'S FURNISHING GOODS,
MAIN Street. sSExr boon TO gRxScH paNK,
E.eglEvansviIie, Inaiama.
augft-t jani -
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
The Selling Qualltis: Of Deerhsve's Holland

The Selling Qualities 81 Deerhavess Holland
Bluess. 49,. "a
QUEBEc, CANADA, June 90. 1854.
We have no DOUBT it will sell well here.
Send us one grassss :, = 81 F,:.s Is -
"f'T.i ~ JOHN ,MUSSoN& CO. I'll
. MoSrRKAIs GAsAp4hJuly, ]. 1854.
Send us 2 gross Berhave's Holland Bit.
sers. Ysxanta l%s2ei s1y Il thls l Kind an
n .20lsitsasiHT t2a.a 2-HAifcda Hull
- cy.r SAINT PArLs MJySEsorA.s
There is quite ready sale here for your
e pc il0ll lHfAIR RjS,iH hswotff.
go, ..-ss.iLEwisrowN. PAa.Dec.~ "a 1885, 70
Send ME 6',Iozen Bderhuve's Holland Bit
ters, pei X. .R,-will remit. hess discount. u Il
-, -, 10 s.fisn- .dl.a ~ GllARLES.RlTZ. 30
= s''d wEkLsbrkG, VA. Nov. l., 1855.
'.. Send nc another boy,.3 sis'zen.S Berhave's
IIoiI and Bitters. Ii Is taking the lead here
- 90 S'wM! H.IKIRKERl .
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

OF every variety, have TO lie disposed OF within short
time. The q OILS have 10 We sold positively and With
out erve The attention of Cash buyers is Iarticu-
iariy requestedi.
Al perss rs INDEBTED 20 :he firm Of VIM. Lgwenthal
X Co. will please settle forthwith, 10 avoid all nDuec.
essary trouble, ABRAHAM Gd'MBfRTS. ~
II 49,. LEOPOLD 81. BERNHEINER.
/" 0ct.e-f :: AssgnesS q Wm1 Low enthal 4 Co
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
MONEY FOUND.

u twelve and twenty dollars, wsich Cir owner ean
have by calling me and proving property:
noyIa SAM.NICKEISl.. a.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
SPECIAL NOTICES.

w. NOTICES in this place, 10 cents per line
lk1rs- one Insertion; Mcepts per line three times;
N cents per tine week; dssc6unt on longer time.
So, TIE sAv LNGS BANK on Iirst street near
49, Mhihs ahys Tennessee, Illinois, and Wis
ronsfr moneys Call i'm : .IT@''u novJ IT,
80. III. z-rTT7 Lf-T--rrs- T~-+--s ~ ,'iV"
H% CITY ORpEns fcs sale. .Emsss,!s o.
49, -, ., 1GLEHAATix Antilles :
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

SsUNnHIEs -hrul Tci lti~ ga
:. ~ Gross Flint Fiasks: -
20 - % Boxes Essence Coffee; ~, l.. .4f1f- ~
80 - a.Jz. l. b. Half Bushel Measures;
Is DO Peek and iIaif Peck Measures:
~ Boxes German Soap; reed airi- for sale by
augB q sNfr ~" ~ i. 4 ID. HERMANN.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
RECORDERS NOTICE.

THOSE who have Deeds and Mortgages remaining
in my office for some time past will cost
by taking them out, as will issue Fee Bills on and
after the first OF December, 1857 all Documents
naming unpaid. i-t.-f '---' -
80 ~ OTINFARRELL, ;Recorier.y. c..
4 tHOlCE BUCKWHEAT...
~ h. Cn1ice iuiiei buck wheat, just received
and for sale by ksH-CVok& SOHiA
. NJ EW RA1slNs.--.-s.gt ...- = es's i
N - Boxes Choice New Raisins; ..rs
500 lbs Fresh Zante Curants, just received and
or sale by T. ii. COOK son.
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
MARRIED.

On ths ist inst, by REV. IL Gilmore, Mr.. =. V.
sPI'OULE, to Mrs. SUSAN. AinIXoN, all of this
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
SUPERIOR YElST POWDER.

Tie QDickcst dad Sarest Yeast Po,rder erer
introduced. Gif ,
NHIS Yeast Powder is far superior to hops or brew.
ers yeast or any a. the quick yeasts now IN me-
Tor making light bread, corn bread hot biscuit or rolls
cakes of all Kinds, dumping, pudding and ey ery VA,
ETY. of pastry; I'm Fact everything that can be made Of
flour, corn or BucKwheaf meals f--T
sS The INST Dyspep,c can eat treai made with
= This Yeas, without injury. ~
This Yeast renders he .read white, light and whole.
some, and of fresh and sweet and SMELL never
leaving any sp'ts or turning IL yellow, in which quail.
tiles SURPRISES anything OF the kind ever ntr ducei
The manufacturer warrants this give satiSac
ton or the money will I've refunded.
Families, Hotels and Steamboats, can he supplied by
leaving orders al the manntaciory liberal discount
made % Grecers- DR.. MAGENISS,
ctl-dSw2m Corner ID 4 Locust ST., Evansville
~ eat Cutters and Sausage Suffers
1tA 90 Ass Tted Meat L utters 81 ~ - a.;
81 do Sausage Suffers;
I dozen Pork Cleavers: -.
BABCOCK sOxrAG.
MAILS ID. "a ~ 'f u
IN 400 Kegs assorted sizes for sale ~
GEO. FOSTER 4 Co.,
rovli. -- Corner Locust and Canal streets. ,
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04
A Book for Every Mans Library,

kAKE INUtOENhNIsT TO AUENIS..f -.
rANvASSERS wanted TO obtain subscribers for
~ the CoMPR Efi sIyE q oG Ply Akp iIIsroRY
ANCIENT AND MoDgRS, OF TIE wORLD; by s, @.
Gooifich, tpeter Pariey.t Handsomely bound In
inrs and almaps. Price ss. Sold only nv agents 10
each Of whom special district will he given. Appii-
canvas. The boSi<e now ready. Copies Will be sent
by ma, post Id receipt 81 the price, Bits on ali
solvent han staken par The Home Journal says
Of this work; mo family Whatever should ne Without
IT, For full particulars in regard ~ an agency, al
drexs freiarc nGEORGE w. ELLT0fT, .
Publisher and Book seller, Il a,
-. Sgl7 .No.ls3 William street, N. York.
n All FINDS Of School and Miscellaneous Books,
Cheap Publications., Stationery and Maps, Furnished
at the very lowest prices Orders solicited. oct,al
The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-04

4. EREIx EFLOUisL = = VI - F"
- 80 Lays just received per T. & c. r. r. warranted
choice for sale by SAN. NICkERY.
Main street bet. End and 3gd. x ..tnov0-d.i
Weekly Trinity journal., 1857-05-30
Supreme Conrt Decision.

We publish the following synopsis Of decision
rendered by the Supreme Court on last Monday.
It settles a principle and question Of law, for
which we have contended for months.
1t may be Of great benefit to ou- mining popu-
latian, and perhaps too save much useless and
expensive litigation in reference to the right to
water by priority. II seems that no principle
of law, or justice, could be made more clear than
the high tribunal Of the State has made this point
just the principle we have from time to time
ennnciatcd is here laid down az the only principle
right.
To give priority Of right, correct and accurate
surveys must be made Of proposed ditch in
order to secure the privileges claimed.
Charles Park and JoLn Struck vs.. Horace hit
hcm-Ths action was brought for dvertiug the
waters OF the Middle Fork Of Jackson Creek from
the mining claim OF plaintiffs.
The grantors of defendant, in the month oil
October, 1852, surveyed line for n water ditch
which line struck the creek Leloic the claim OF
1852, the grantors of the plaintiffs took up the
mining claim in question In the month OF
March, 1873. the grautOr8 of defendant change
the terminus Of their ditch. aad had a new line
run, tapping the stream a'ope the claim men
toned, and the ditch was subsequently, completed
on this latter line.
The first question made is whether the ditch
owners, having first run their line and fixed the
point at which they wanted to tap the stream
could afterwards change it, to the injury of par
ty taking up claim aJore the point designated
and before the change was made. 1t is insisted
by the learned counsel for the defendant that
when line is surveyed for ditch, it is notice &c
all parties Of the appropriation of the waters o
the stream. and that the ditch owners will take
the water from the stream at such point as may
be necessary to give the ditch the proper grade
This position is hascd upon the idea that the prop
cr point could not be designated with certainty
by proper survey. hut must be determined by
the actual construction of the ditch.
We cannot sanction this ground. We think
that science is competent to ascertain the proprl
grade, and the proper point Of diversion before
the digging of the ditch and that it is the duty
Of ditch owners to have Il correct survey made
otherwise their rights must be subject to the in
tcrvcninE rights of others. In this case had tht
upper terminus of the ditch been designated be
fore the plaintiffs grantors took up the claim
aud the ditch had been finished in due time then
the ditch owners would have acquired priority
in the use Of the water.