davidaulloa/AmericanStories huggingface dataset:
The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-12-08
SUPREME COURT DECISION.
Peter W. Vansickle. Plaintiff and Re-
sponde2t, VS.. James W Haines ct ais,
Defendants and Appellants.
OPINION BY WHITMAN j.


Defendants and Appellants.
OPINION BY WHITMAN j.
Respondent claims damages against
appellants for past diversion Of the
waters Of Da@gett Creek. and prays
an injunction against further con
tinuance of the injury alleged.
The District Court found for res
pondent hence this appeal.
Many questions are argued in the
briefs of respective counsel which it
is believed are not pertinent to the
controlling question involved.
The District Court finds that the
watcr-course in question. a small
non-navigable stream. nowhere in
its natural channel runs over the
land of respondent. but does 50 run
through the land Of appellant Haines.
1t is also found that the respondent
and Haines are the owners in fee Of
their respective lands. by patents
from the Government Of the United
States-that Of Haines' bearing date
December 2Sth. 1854.
That at such date. and long prior
thereto. respondent had appropriated
anu diverted from the natural ch1h-
mel OF SIe creeh' Tor MS necessary
purposes, a poftIoh OF us waters,
when aPproprl3tlon was 1hter1eIed
with by appellants in December,
1867 and that since that time they
have used all, or nearly all. OF the
waters Of the creek. in a tUlne con-
s1fuctei ana worked oy tl'eh JoIn'lH
loI FL running WOOD; 7
He No''ly ooiiIi ''''!'s '.-''i re- i''ii''
ellI "I,l I!se" S''c1 d I47It ., Ms 'p7
pFopIl4toh' is s-o"lu DE projected
ID {, e. '"'|' -. ..|
ne ''l ulItd 10 Il0"I ,7'illsI ti,s
IIalAe9 l'4Iof 10 '4e oaIe oL tue I"I
ter l','eht' "nlch couIu allett ih"V
grant because q. mere was no 'I'tt IN
haIAe7 10 ne @uec'ed p4 "ct9 o4 'Le
respondent he couId acq ulfe no
rlS1t AGAINST the lnIled States 1of
as to that GoTernment he was a.
Ife7l'. l'.5'aF' II .LlaI ne uiIeIteq III l wafer @
IRON. " us InI':, ~: No' sou5llI 10 te pre-
eHp,td ny A-in- 40 pres ul-l 'Ion ol
L>1'' a. iooa ''ll!'V ,lie ~ oIgI 5i.'
ana no S.''.''te .5 ol Il5A!t''t.on :. runs
say ~ - some oAIe2'eu 1HS''nceS' %
Vii" u, 'ltl9 Il, la no' one -,
Inc Goy yer4in9hI oi 'ne oHittu
otates' men Aad at tne gaze OF us
patent 10 1aIneS, lHe u1lhtt'lnpereo req
Zee OF me soA, III. lts incidents @ ana ap-
PlItleii"nGes' PlI:'l- ICES , 'llaI was P. Passeo 10
names mere oGinS no leSeIN SlI-'.'t "tloii
III IN ms PATENT ana none : suS9es'e4'
he became tne owner OF Ile sou,
aha as lncl4ehU e. thereto ha4 the rlShI q
20 tne otLtHI enc 10 pG ueIl.Iu @ tti IRON 5 tn5
no" ol 'HS i3 MIeer 7 lnefe ~ iEroE9n, l: "iiu
no one couIo la"lully "l'er' II
"8JtnSt Wli. MS eo1seno, Ee 5 :. .7o.
" naI use 5:, ne ti"'te el II, ~ 'nae 4L
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
Puget Sound Where Z?

Olympia, alias browns wharf" on
Budds Inlet, from all that can b. gathered
from what the papers detail, will " make the
rifle in catching the Terminus The
Tribune reported, few days ago, that
VI, 3oO had to be raised to pay for GER
tain portion of that thousand acres and
the next day, the same paper announced
that Charles Il. Williams, New Jersey
Cranberry king" who has bought largely
on the Sound, had telesraphed contribu.
ton Of $1,000 and % lots worth 500
each. According to this statement the
"game is made" although not the slieht-
est notice of an official selection has emapa.
ted from any railroad authority.
Taking TOR granted that Olympia has
secured the prize, according to Olympic
rumor, we extend a greeting to our tcrmi
nal ris els!
Although the present terminus is called
:. temporary" by general acceptation, We
dp not so esteem its character To be sure
it's likely that the road may extend any
supposed distance down the Sound; but
IT Olympia becomes "A centre of m,nuiac
ture aud trade, as she may, no mere tran
sit depot can ever uproot her prestige, no
matter what outcropping Of prosperity may
develop at another stage of the Northern
Pacifics march to the sea
kalama and Olympia have been sclcc-
ted as trade centres on the schedule of
Northern Pacific Railroad policy, as dis.
rinrt from overland main. trunk ideas-one,
a centre for Western Oregon and Lower
Columbia; the other, an entrcpot for the
Northwest Coast! Instead of sending the
surplus products of the Columbia to San
Francisco for reshipment, they will, meet
the big ships at Olympia, centering at Ka
lama, on their way to the Sound. Grain
elevators and warehouses at both terminal
cities! One city havin. the lumber,
fishery and mining commerce from the Col
umbia to Alaska, ana Kalama as the sup
ply depot to feed all those Northwestern
industries .-KaIama Beac0n.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

The TERMINUs.-Ihis question has not
yet been determined officially but our
people appear to be sauguiue that one or
the other Of our propositions will be ac-
cepted by the company. Browns wharf
appears to be the favoritc locality, unless IL
location should be made still nearer the
present site. 1t is the opinion of some of
our people that the company may possibly
locate their depot on the water front aud
accept all the donations as benefting the
rival points alike on Budd's Inlet. The
company could doubtless obtain title to
the mud flats to deep water, affording all
the land they would need, lying in close
proximity to the larger donations. But
this is mere speculation, and may be far
from the actual result.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
Il ELEGR APHIC
Later from the Atlantic States.

WASHINGTON, Dec. 1.-THE Senats
to-day confirmed large number of an.
pointments. Among others. Frederick
Watts, of Pennsylvania, Commissioner Of
Agriculture; \. Walker of Massach usetts.
Commissioner of Indian Affairs; James
NJ. Lucus, Consul at Shcefoo; Geo. A.
King Collector of Internal Revenue. Of
Nevada +. Drew Collector OF Customs
District Of Puget Sound Geo A. Edes.
Collector ofthe Customs District OF Alaska.
VIM. Michael Assistant Attorney General
of the United States; Geo. G. Bates.
United States District Attorney for Utah
James W. Fisher, Chief Justice of Wv.
ominS; II. johnson, Dr., Associate Justice
OF New Mexico. The nomination Of Wal.
ter IL. Irving, of Illinois, to be Register
OF the Land Office, is to oe Withdrawn.
Ramsey introduced bill in the Senate
to establish the Territory of Ojibeway aud
provide for ii temporary government there.
for. The proposed territory lies between
the 4?th parallels, extending from Min
ncsota to Montana.
Campbell asked leave to offer a concur
rent resolution requesting the President to
cause negotiations to be commenced with
Great Britain and Mexico, with Il view to
ascertain the conditions on which thew
would consent to annexation of their LOS.
sessions on this continent to the United
States.
Morgan introduced a bill proposing an
amendment to the Constitution, SO as to
make naturalzeI citizens eligible to the
! ~
the United States.
King introduced a bill proposing an
amendment to the Constitution prohibit
ing the intcrmarriage of whites and blacks.
and authorizing States to provide for sep.
aratc education of whites and colorcd
children.
CHICAGO, Dec. 1l.-Suow.bound pas.
scnscrs on the Union Pacific Railroad,
eighteen days from San Francisco, arrived
here toe day.
WASHINGTON. Dec. 1.-THE Senate,
in executive session, to day, took up the
nomination of George H. Williams Of Ore
gon to be Attorney General of the United
States, and confirmed it, without reference
to the Committee. This was in accord
ance with the usage and courtesy in every
case where nominee has been a member
of the Senate, his character being sufi-
GENTLY known without formal inquiry.
The following is the correspondence be.
tween Mr.. Akcrman aud the President
DEPARTMENT OF JUSTICE,
WAsnINGToN, December IL, 1871.
To the Presidcnt-Sir: hereby resign
the office of Attorney General of tho Uni
ted States this resignation to take effect
in accordance with the wish which you
verbally expressed to me to day-on tho
10th of January next.
(Signed) a. Il. AKERMAN.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

COLD WEATHER-Snow fell to the
depth Of about five inches last Sunday,
and the weather was, up to Tuesday, iu-
tcnseIy cold, the thermometer standing
about six degrees below the freezing point.
When people had become reconciled to
the idea of " hard winter" the weather
moderated aud now the snow has about
disappeared. and we have every indication
of a continuance of our usual winter
weather.
p. S.-Saturday morning. Since the
above was written. snow has fallen to the
depth Of three inches thermometer 20
at A. NJ.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

LEAP-YEAR BALL-The young ladies
of this place are making ample prepare
lions for their ball on the evening of the
LIST of January Their invitation cards
are already issued, and the Committee of
Arrangements appear determined, if not
to eclipse the efforts of the gentlemen in
ball management, to at least demonstrate
that they can do as well. The ball will be
a pleasant novelty in more respects than
one, and doubtless great success. The
committee of arrangements consists of
Misses A. H. Hunt, Annie Shaffer, Annie
G. Spain, Mollie II. Post and Jessie NJ.
Lowe.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

nay- The old gentleman who palavers
in loaded smal!-pica through the columns
of the Tribune appears disposed to side
with the Echo in making it a matter of
public concern that we occasionally indulge
in glass of lager beer. But we can at
firm that we have never registered
VOW" against the. practice, and couse.
quently have not broken it, nor do we
set ourself up as teacher of morality
FROM the pulpit on Sunday, to prostitute
our columns to the service of Mammon on
every other day in the week So we res
pectiully direct the attention of our rev.
erncl friend to the passage in Scripture
which enjons all true followers to pluck
the beam from their own eyes before they
search for the mote in their neighbours
visionary organs.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
Executive Mansion, Dec. 4, 1871.
Gatherings by the Wayside.

Small talk-Gen. Grants speeches.
N o. Times
Gen Buell. is letting contracts on one
of the Texas railroads.
Tweed has sold his interest tn the
Washington Patriot for $1,000.
Heller, the magician, is teaching the
jugslers of India trick or two.
"A Maryland women has received
contract for building railroad.
In Manila, $4,000 women and girls
work at cigar making at average wages of
seven cents day.
Richmond has a society called The
Daughters of the Candlestick." They are
probably shutters.
Plus IX. has kinder words for his
American visitors then for those of any
other nationality.
Nasty says the first time he ever lee.
tured was in Philadelphia, "to magnificent
audience Of rcd plush"
oliver Wendell Holmes is to furnish
series Of papers to the atlantic Monthly
next year, to be called " The Poet at the
Breakfast Table"
The only man who writes an. c.,
at both ends of his name is Hon. NJ. G.
Keer, member Of Congress from the
Second District Of Indiana.
A little girl ofthirteen out West has
been presented by her father with a small
patch Of 1000 acres in a corner of his
back yard to play at gardening.
-Ebenezer Shaw celebrated his Tooth
birthday in Thcsquesquin, Pa, the other
day, and heamed benignantly upon full
four hundred descendants and kinsmen.
A. 7. Stewards sewing machine wo.
men are paid from six to twelve dollars
week. while bis saleswomeu receive from
thirteen to eighteen dollars. Working
hours are from to 6 o'clock.
"A Mrs. Wallace, Of Minnesota. re.
Gently broke her leg, but refused to let
her husband hear of it, as it would inter-
rupt political stumping tour he was on.
Sly after that women are not interested 10
p,litics!
Julia Ward Howe says: "Those
grim aud rugged outlines OF theology SC
familiar to most Of US, are the work Of the
masculine mind. Women in the pulpit
will, hope. carefully guard all that is
just and valuable but she will clothe and
soften it with sympathetic coloring."
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

CHRISTMAS BALL.-The ball to be
given under the auspices of Columbia En-.
CINE Company, in Columbia Hall, on
Christmas evening, will doubtless be fully
up to that company's former efforts-the
highest need Of praise we can award the
indefatigible workers having it in charge.
The supper will be set in the lower hall,
under the superintendencc of Mr.. Wald-
ron, whose skill as caterer is established.
The price of tickets has been fixed at
IS SO, supper included.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
gents IL the Atlantic states.

TIL. following named gentlemen are author.
zcd to receive and receipt for money due or
subscriptions to the STANDARD:
". ". WATT, Victoria, V. l.:
N. p. HARPER. Hockland klikitat Co.;
&c. CARY; Yakima county
l.. l.. DrBEAU, Cowlitz:
WARREN Cow, Nsqually.
+. A. WILSON, Arcadia;
STEPHEN JrDsoN Stcilarooul;
F.. A. LlGnT.
IIEyMAN GooDTIM. .
FRED. MYERS, Fort Montgomery;
S. F. CooMBS. Seattle
O. J. MCCAUsLhXp. Port Blakely;
Maj. G. q. HALLEw. WILDLY Island;
JAMES MURPHY, U,salady;
HoLDEN A JUpsoN. Whucom;
JoHS p. JUpsoS. Port Townsend;
JOHN CoNDov. Port Gamble;
ORRIN A. HALL, Port Ludlow
D. X. SIMMONS, Grand Prairie
G. W. CANNON, Portland Oregon.
Bay" Money can be sent through the mails
at our risk.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

TRuTu-WnAT is IT?-This startling
inquiry was made by the Echo this week,
causing many of our people to ransack
dictionaries to discover the mea aiming of the
term. Great was the establishment of
many to find that the word was not obso-
le'e. We trust that our contemporary will
be a more careful! hereafter how he let's off
bombshellS in the community. The editor
appears to be in considerable doubt himself
upon the subject. We will cndeavor to
enlighten as far as limited space will allow.
He claims at is highly important, if not
essential, that the spirit Of truth should
accompany and pervade the statement of
the truth" We will not deny that the
spirit of truthfuluess.is a very desirable
qualification for stating the truth, but that
it is essential to the existence of truth, or
that it changes facts, we do not admit
1t is possible to create wrong idea of the
truth, "by word, act or GESTURE" but we
canuot change the facts; to use the Ech,'s
illustration, charitable act may be done
and the idea obtain that it was influenced
by improper motivcs-the truth remains
the same Notwithstanding. In the same
manner adishonorable &C, may be applaud
ed to the echo, but it does not change the
facts. This is why We insist that our facts
must be accepted as the truth, and protest
against the Echos sweeping manner of dis.
posing of our assertions by simply declaring
that they are not uttered in the spirit of
truth. AS to its other Instantaneous
item of "Zwei Glass Lager Bier"-we
stated the truth, but not the whole truth.
The spirit which prompted only partial
statement was proper one, for we deemed
it an improperly that could only be
effectually rebuked by placing the lodge
on the defensive, and compelling it to
search out the truth Our neishbor will
probably admit that no other course could
have been so decisive in results. 1t was
not our intention to hold the lodge respon.
sible for the introduction of beer into their
Hall by an outsider, unless they failed to
rebuke the act. Is the explanation salts
factory?
g Truth crushed to earth will rise again.
The eternal years of God are hers;
But error, wounded, writhes in pain,
And dies amidst her Worshipners -
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

The" PASSIVE The suicidal
policy suggested by the Missouri Repxb-
lican for the Democratic party to make no
nominations 10 the next Presidential
contest and support such boiling Rcpubli-
can candidates as may be placed in the
ield, is condemned by the party press
everywhere. 1t is in keeping with the
suggestion Of the N. Y. World, made on
the eve Of. the last Presidential election,
which so chilled the ardor of the party.
Away with such unwise counsels.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
Victory Perches on Our Banner

Tie voters of Olympia DISTRICT met last
Saturday. at one o'clock, pursuant to
notice under the new law. in the school
house, and organized by the cleo ton of
Jno. NJ. Murphy. President. and Daniel
Lowell, Secretary. Messrs. Derr and
Yantis were appointed Tr'ers. and on
motion a poll was opened for the term of
one hour to ballot for three Directors and
clerk. Ninety-thrce votes were pollcd,
Indicating a very general interest in the
subject of education upon the part of our
people The ballot resulted in the selec.
ton Of Mcssrs, g. A. Barnes, Benz. IIar.
ned and a. II. Steele, over Messrs. G. II.
Hale and Elwood Evans-Mr. Harmed
being on both tickets-and the selection
of Nat. Crosby, Jr., over A. A. Manning,
for Clerk. The average majority for the
candidates elected was %. Under the
new law Mr.. Harmed holds for three years,
Mr.. Barnes for two, and DR.. Steele for one
year and acts as President of the Board of
Directors. Mr.. Crosby is elected for the
term of three years. The only issue made
in the contest was opposition to the fac
tons element which has for several months
past been making war upon our present
Town officers, and who by persistent false
hood and Misrepresentation, secured the
amended Town charter in opposition to its
legally constituted representatives, and the
protest of a majority of the legal voters of
the municipality. The doctrine that poor
men are not entitled to the privilege of
expressing their preference at the polls,
and should not be allowed full represen-
tation with capital, has received signal
rebuke. The opponents Of the little
Tammany ring" as the Transcript face
tiously terms our Town Trustees, have been
united in their exertions for several weeks
past, to secure an expression adverse to
the will of the people as expressed at every
election held for several years past. The
public now have an opportunity Of form
ing a correct opinion of the amount of
dependence to be placed upon the asscr-
tons Of those journals that have been so
unsparing in their denunciation Of the
present Town authorities.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

SEATTLE DIRECToRY.-Thc ntelIigen.
Ger proposes to republish its directory of
Seattle, in its next issue, for circulation
abroad. 1t certainly gives good idea of
tho size and Importance of the place, and
we are pleased that our contemporary has
found the that public appreciate it enough
to warrant its re. publication.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

nsD~ The Presbyterian congregation pro-
pose to erect Christmas Tree in their
church and distribute presents therefrom
to their Sabbath School scholars, on Christ.
mas evening.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

CHRISTMAS FEsTIvAL.-Arches will be
substituted for the usual Christmas tree at
the Methodist Church, at their observance
on Monday evening next. The public
are invited to avail themselves Of the op.
portunity to distribute presents to their
friends. Articles must be left at the
Church Monday, as early as convenient.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
DEPARTMENT OF JUSTICE,

WAsHlNGroN, December l3, 1871.
To The Pfc@dcpk-Dear Sir In tender
ing the accompanying resignation of the
Office of Attorney General permit me to
express my grateful sense Of the kindness
which have uniformly received from
you during my service in Office. and my
ardent wishes for the continued success Of
your administration.
(Sisncd) a. r. AKERMAN.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
fay- The transcript editorial cor,

sd- The Transcript editorial corps
wants to know why this and that thing is
not done by the town authorities. What
is it to them, We would like to know :?
They are not responsible for the acts of
the " little Tammany," aud the ring don't
care ftp for the chronic grumbling of
men who cannot appreciate fairness and
honesty in the administration of public
affairs. The public is satisfied, and with
this assurance we are content.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

u Mr.. Gum, of the Transcript, ap-
pears very indignant because the Jumpers
Of the mudAats still 6 hold their position"
IF we we're sure that he wouldn't flash in
the pan or kick, we would aim him at
them and make them walk off to the tune
Of the Rogues March" some fine morn.
ing.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23
EXECUTIVE MANSION.

WASuINGTON, December IL, 1871.

WAsnINGToN, December IL, 1871.
To lion. Il. r. Ikermaa, attorney
Gencral-Dear Sir: In accepting your
resignation as Attorney General, to take
effect on the 10th day of January, permit
me to renew my assurance Of high regard
for You personally, and my appreciation Of
the zeal and application which you have
brought to bear in the Office which you
have so honorably filled. can refer with
pride to the uniform harmony which has
constantly existed, not only between us,
but also between yourself and your coll
leagues in the Cabinet, all of whom know
unite with me in hearty wishes for your
health aud happiness. Your personal note.
accompanying your letter of resignation,
is gratefully received, as token of recip-
rociry and kind sentiment, which shall
ever appreciate.
Very respectfully,
(Signed) u. S..GRANT.
WAsuINGToN, Dec. ll.-Various pro-
positions were made aud discussed, princi-
pally turning on the number Of Represent.
alive, of which the House should be COM
posed. The number was finally, on mo.
ton Of Garfield, fixed at 2S3. Maine, 8;
New Hampshire, 2; Vermont, 2; Massa-
chusetts, IL; Rhode Island, l; Connecticut,
4 New York, 81 New Jersey 7 ; Pcnnsyl-
vania, 2G Delaware, l; Maryland, 8; Vr-.
GINA, 8; North Carolina, 8; South Caro-
lima, 8; Georgia, 8; Alabama, 7 /; Missis-
sippi, 6; Louisiana, 5; Ohio, 20; Ken.
lucky, 10; Tennessee, 8; Indiana, II; IL
linos, 10; Missouri, ID; Arkansas, 4;
Michigan, 8; Florida, l Texas, 6; Iowa,
8; Wisconsin, 8; California, Mime
sofa, 3; Oregon, l. Total, 2s3.
The Senate in executive session con.
frmed the following nominations Geo.
IL. Baker of Pennsylvania, United States
Minister, resident at Constantinople; !.
W. Bennett of Indiana, Governor Of Ida
no; Marsh Gliding of Michigan, Govern.
or of New Mexico; David b. Nevins OF
Pennsylvania, Pension Agent for the Army
Agency at Philadelphia Horatio SickIes'
Pension Agent for invalid pensions a.
Philadelphia, vice VIM. A. Forbes, sus'
pended under the Tenure Of Office Law:
The War Department in general order
announces to the Army the death OF Brig
Gen. Robert Anderson Of Fort Sumpter
memory, and pays him a handsome COM
pliment for his military service and private
character. On the arrival Of his remains
on the ship,of- Guerrero, orders Will
be issued to do them honor.
New YORK, Dec. 14.-At special
meeting of the Board of Police Comm's'
sioners this afternoon, a resolution was
passed resembling the order which directed
the Superintendent of Police to prevent
the parade of the Internationals on Sun:
day, and another resolution was adopted
instructing the Superintendent to take the
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

CoMPLIMENTARY.-The Secretary of
the Interior" Of our establishment, &C.
knowledges the receip of a complimen.
tary ticket to the Ladies' Leap Year Ball,
but has not yet made up her mind whether
to let US go or not.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-12-23

70 Don't forget to look at the beauti-
full Japanese cabinets at Lightner & Rosen-
that's before selecting your Christmas
presents. They have many other articles
appropriate for holiday gifts.