davidaulloa/AmericanStories huggingface dataset:
La Junta tribune., 1904-03-12

one foot. and August 9. 1853. tor
nine feet; water taken from Arkan-
sas river; city has bought AZ
cubic teet for s.. 900; city has paid
SIoo; price per cubic foot. 81. 400;
SIoo to be placed in escrow on
commencement Of suit; city pays
sIoo per year until termination OF
suit; in no event less than Stag
Date of Contract. Feb. z8. 1908.
Francis E. and Sarah NJ. Hay
den-Wates taken from Pioneer.
Champ and Wheel bitches, aggte-
eating 7S feet; priorities as fol-
lo~s-Pionees ditch. April s. 1873;
Champ ditch. June IS. 1877;
Wheel ditch. May 5, 1880; water
taken from Arkansas River, city
to pay S3a. 600; has paid $1,000;
price per foot. SI,5oo; $1,000 to
be placed in escrow in Carbonate
National Bank Of LeadvilIe, Colo
RADIO. on commencement OF suit.
Amount already paid on con-
tracts. Sc. so; amount of water
contracted for, S3.43 cubic feet.
In regard to the legal difficulties
to be overcome in the moving OF
water we have to report: That
neither one Of the members Of this
committee being a lawyer feels
himself competent to deal with
this phase Of the question and as
there has been no provision made
Tor the employment. by this com
inittee, of legal talent and as we
did not deem il advisable TO en-
gage counsel on onT own respoh-
sibiiity. our report in this parti
culsr will be limited princip pally to
the opinion prepare and furnish
ed TO the old Council by Calvin +.
Reed. which appears to be very
clear on all the legal points in
voived in this matter with the ex-
cepiion OF one which has since
been covered by an enactment OF
the legislature Of the state and
will be found on pages 278, and
27o OF the Session Laws Of 1908,
which provides for the transferring
OF water rights from one district
to another, but under which stat
ute no case has as yet been
brought, and the cohstitutionality
Of the same will necessarily be in
doubt until passed upon by the
supreme court OF this state.
We respectfully submit the fol
lowing extracts from the legal op-
in,on above mentioned:
Opinion, Page IL II the water
rights to be purchased are agricnl
tural water rights which have been
used only during the irrigation
season and il is proposed to utilize
these water rights for domestic
purposes every day in the year, it
il will become necessary to ascer-
tain whether or not subsequent
appropriations have acquired a
priority to the use Of this water
during the non irrigation season,
for manufacturing mining, mechan-
ical. storage or other purposes.
The purchase OF an agricultural
water right limited to the irriga-
tion season and where other sp-
propriators have appropriated the
water during the remainder Of the
year would not give the purchaser
the right to use the same as
against other appropriators for the
non irrigation season, unless the
rights OF the latter were also ac-
quired.
Opinion, Page "a The court
held that both the law under which
the decree was rendered and the
decree itself contemplate that no
claimant shall be entitled to
quantity Of water in excess of that
actually needed for the purpose
for which the appropriation was
made. (Note this relates t. the
Yesger CASEY
La Junta tribune., 1904-03-12

La JuNrA. CoLo March 4, 1904.
To the Chairman and Members
Of the Committee appointed by
the La Junta Board Of Trade
at their meeting January asth.
1904. to secure all the facts per
tanning 10 the City Water prop
os,tion:
We. your subcommittee on
water rights beg to give below
synopsis OF contracts and priori.
ties as per contracts now in hands
OF X Phillips, trustee.
Date OF Contract, Feb. s. 1908
w. Dean--WsteT taken from
Arkansas Valley Irrigation Canal
Company's Ditch; amount l8. S
cubic fee, OF date May !. 1880;
ditch takes its supply from Cotton
wood creek; cost, SIS, 500; city has
paid 5000; city to pay SI,oo per
cubic feet, transferred; $40. 900 to
be paid ~ any event for ditch and
water rights; $500 to be placed in
escrow on commencement OF suit
Date OF Contract, April ID, 1908
d. NJ. Jones-Water taken from
Arkansas Iiver- ditch known as
Bray ditch; amount FIVE cubic feet;
date Of priority. September aS,
1882; purchase price, s.. in
no less event $500 to be paid;
city has paid $50; s.. 90 to be plac-
ed in escE Nv on suit being brought;
amount per cubic foot, s.. 900 for
water delivered at Otero Canal
headgate.
Date OF Contract. Feb, AZ. 1907
Hugh Mahan- Water taken from
Cottonwood creek ditch, Mahan
and Prior Right ditch; three feet
Of water; priority Of May, 1866;
total amount to be paid, $1,000;
$500 has been paid by the CITY;
agreed that city may cancel con
tract IL court DEGREES less than
two and one. e.half feet OF water; 81
must be placed in escrow on com.
mencement of suit.
Date OF Contract, March 4, 1908.
ID. NJ. Jones-Ditch known as
LapghoH ditch; 4-8 cubic feet OF
water; date OF priority. September
8, 1880; water taken from Arkan
sas river; total amount to be paid,
Sc, ~; city has paid 5000; price
per cubic foot, s., ,a8o; Saoo to be
placed in escrow on commence
ment Of suit; amount to be paid in
no event shall he less than S3,65o;
sIoo must be paid each year until
termination of suit.
Date Of Contract, Feb. AZ. 1908
D. NJ. thirds inter
est in Dry Field ditch; water taken
from Arkansas river, date Of prior
ity, October a3. 1851; ditch has
6 cubic feet Of water; city has
contract for 4.I3 cubic feet; total
amount to be paid. S4.o56; city
has paid. $50; price per cubic
foot, 81, 400; Saoo to be placed in
escrow on commencement Of suit;
in no event less than sa, $50 to be
paid; Sioo to be paid each year
until termination Of suit.
Date Of Contract, Feb. aS, 1908:
w. r. Logan and D. M. Jones
For IN nndivided..s seven eighths
interest in Trout Creek .Company's
ditch; priority Of 40 cubic feet.
dated December ~. 1879; water
taken from Cottonwood creek;
r7H eabse feet purchased by tile
city ios eIa aso; city has paid S3.-
900; purchase price per foot.
|1I.ioo; S, 900 to be placed in
escrow on commencement of suit.
Western National Bank Of Pueblo;
in no event not lees than Sra, 500
10 be paid; city pays $500 PET
year until termination Of suis.
Date Of Contract, March a. 1909.
d. y. Jones-Undivided one
fourth interest," in Riverside ditch;
La Junta tribune., 1904-03-12

To appropriate money FOR coRpos
ATE PURPOSES ONLY.
Opinion. Page 7S-The conssitu
tion Of this state prohibits town,
snd cities from Leading or pledg.
ing their credit or faith. directly
OF indirectly. or in any manner to
or in aid Of any person or corpor-
alton and iorbids any town or city
to make any donations or grant to
or in aid Of any corporation or
company public or private.
Opinion, Page a6-A municipal
corporation cannot aid private
corporation to construct and im-
prove water privileges on a river
even though it would tend to in-
crease the business prosperity Of
the town, rs such is not public
purpose.
Opinion. Page 77-The statutes
OF this state prohibit ditch com.
panies from directly or indirectly
receiving any royalty, bond OF
premium or the carriage or deliv.
cry Of water. In my opinion the
city is clothed with ample author.
ity to secure a sufficient supply Of
water for use of the city. This it
may do by contract, purchs Sc, or
condemnation.
Opinion. Middle Of page as
The city cannot make a valid con-
tract which shall amount to a do
natio., or grant to or in aid Of some
person or corporation in violation
OF the constitution Of the state and
no person or ditch company can
make valid contract by which it
shall receive bonus or premium
for the carriage Of water in viola
t1On OF the statutes.
All OF which is respectfully sub
mitted.
]. w. SHERMAN,
6. S. THOMPSON,
!. II. SIMoNToN.
LA JuNTA, Colo, March =, 1904.
To the Committee of Twelve.
Your sub committee on the bond
issue respectfully begs leave to
report as follows:
First-By speoial ordinance the
city council authorized a bond
issue Of SIoo, 900, dated August !,
1909, bearing five per cent annual
interest.
Second-,Due diligence has been
exercised by all persons in author
ity up to this time in endeavor,ng
to sell these bonds. 1t is the
opinion Of your committee that
they cannot be sold. We are in
formed that bond buyers have
agreed not to buy bonds in future
that have not been voted upon by
the people Of the municipality
issuing them. Hence no matter
what the state laws may be, nor
what recitals the bonds themselves
may contain. nor what the courts
might hold as to'the legality Of the
bonds, this determination of the
capitalists presents practical and
insuperable obstacle to their sale
.Third-The foregoing paragraph
applies only to the So, 900 Of the
bonds not sold. Ten of the
bonds. amounting to $Io, 600, were
sold some time previously to the
First National Bank Of La Junta
and are now held by the said
bank.
Fourth The legality OF the bonds
your committee does not desire to
pass upon, there being difference
Of opinion among lawyers on this
point, and il appears that some
matters in this connection are un.
adjudicated. We cannot decide
where doctors disagree. The
question Of their legality hinges
apparently on two things. First.
are the bonds issued IN aid Of a
private corporation, and il SO does
this invalidste them; and, second,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10

az the town ghost story II something hadn 7
happened In Wharton, the other side Of
Dover, last Monday night.
Miss Alice Grady started about dusk on
Monday to visit q neighbor who lives
little way out OF town She was passing
along a lonely street when she saw
woman standing close by the sidewalk, 80
close that Miss Grady had to pass within
arms length OF her. This woman was tall,
black-gowned and yelled. She held in her
hands something which made a cianking
sound. 1t seemed to Miss Grady that she
was shaking a small length Of iron chain.
The girl didn't like the looks OF this pro-
reeding. somehow. She quickened her
steps: and behind her came the footsteps
of that woman In black. Miss Grady glanced
back over her shoulder.
The woman in black was coming at her
with her arms extended and her fingers
bent az though to clutch something. Miss
Grady screamed and ran for her life.
Denville of her regular beat II It hadn
been for something which Alice Grady's
mother saw that same evening. just after
Miss Grady lett the house, and while 1t
was still quite light, a strange woman In
black passed up the street. Mrs. Grady,
who was sitting on the front stoop, noticed
her because stranger u rare In Wharton.
This woman was tall. She wore black
veil, and she walked like man.
Il thought then and ! still think that 1t
was a man in woman's clothes, says Mrs
Grady.
Therefore, Charlie Clark is oiling his gun
again and getting ready to make record
that will eclipse the safe robber arrest.
The only persons who venture on the Den
Morris Plains road at night are the
doctor and the town drunkard.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
POSTUM CEREAL.
THE EDITORS BRAIN
Did Not work Well Under Coffee

A brain workers health Is often injured
by coffee, badly selected food and seden-
tary habits. The experience Of the Manas-
ing Editor OF one OF the most prosperous
newspapers in the Middle West, with Pos
tum Food Coffee illustrates the necessity
OF proper feeding for the man who depends
on his brain for a living.
up to three years ago. writes this gen.
tleman, Il was q heavy coffee drinEeT !
knew II was injuing me. 1t directly al.
fected my stomach and l was threatened
with chronic dyspepsia. II was then that
my wife persuaded me to try Postum Food
Coffee. The good results were 90 marked
that cannot say too much for 1t. When
first prepared did not fancy it, but inquiry
developed the fact that cook had not boiled
IL long enough, so next time had 1t prop
erly made and was charmed with 1t. since
that time coffee has had no place on my
Ia BILE save for guests. Both myself and vile
are fond Of this new cup which cheers but
does not inebriate in a much truer and litter
sense than coffee My stomach has re-
sumed its normal functions and am now
well and strong again mentally and ply
sically.
Il am confident that coffee is poison
to many stomachs, and have recommended
Postum with great success to a number oil
my friends who were suffering from the use
Of coffee Name given by Postum Co"
Battle Creek, Mich.
Look in each pkg; for the famous little
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
OBITUARY..

Miss Jennie q. Evans. well known as a
missionary to China. died yesterday at Char
lestown. n. II. She passed through tho
perils and exctements attending the siege
OF Pekin in the Boxer uprising, returning to
this country with her health permanently
shire and as a child came to Brooklyn with her
parents. she Joined the Throop Avenue
herr us h s Of her
life About thirty years. ago she went to
China as a missionary under the direction of
her brother. Col. S. IL. Evans Of Brooklyn,
and three sisters. one Of whom. Mrs. Dwight
Chaplin Of Los Angeles. Cal. also served as n
missionary In China for several years.
Oldest practising physicians in Jersey City.
died Of heart disease yesterday at bis home
III IG.9 ssS's '%SHhis Plat 81 SGS
Ps s %a dTS cm 1nd n N d nd
from the College OF Physicians and Surgeons
in this city three years later He moved to
a Waiting surgeon at Christ Hospital and sur.
geon at the City Hospital: He was medical
der to SdSss nd
vived by one son. Edward Payson Buffet.
Miss Alice TSspss sssms9n dsugatsr
avenue. West End. Long Branch, Of com
II
stroke two years ag0, ,, and had since been
associated with James Seligman in the bank
brothers and sisters are Albert J. Seligman,
Madeline seiiginan and Mrs Edward Wasser-
man. The body will he placed In the Selig-
man private vault on Sunday
Mrs. Peter Radcliffe Hawley. whose funeral
takes place to-day from her home. ~ Fnst
Seventy-sixth street, was one Of the most
active members OF the Emma Willard Asso-
chiffon. She was an earnest student OF
Oriental philosophy and religion and an
accomplished pianist. Mrs. Hawley was
Isabella Merritt. daughter Of the late GEORGE
Merritt. daughter. Jeanie Merritt Hawley,
and two sons. William and Alan Ramsey
Hawley Of william Hawley a Co. survive
her The burial will be at Woodlawn.
John F. Lee. president OF the Bayonne,
n. j., Board of Education and one of the
most prominent Democrats of that city died
OF typhoid fever at his home, 90 West Sixth
street Thursday night. after IN illness OF
two weeks. He was ~ years OF age and
unmarried.
DR.. John T. Brosnan died esterday at his
home SIS Henry street, Brooklyn IN his
bia and OF Bellevue medical colleges. and for
feweyears was connected with the Brooklyn
Health Department He was unmarried. ,
Capt James p. Fletcher, a veteran OF the
civil war. died at his residence In Washington
Thursday evening at the age OF 90 years.
He was n native OF Winchester. Va, and
commanded a company of Virginia regi-
mcnt In the Confederate Army.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
feated the main object Of the Japanese

feated the main object Of the Japanese
| operations.
"As to the tactics of the Russians, they
obviously cling to the cardinal error OF
overmanning their defensive positions,
while the sole spirit of the Japanese tactics
as illustrated by the operations OF the
divisions under the command OF Cen Oku
was sledgehammer frontal attacks.
THAT Gen. Oku commands the finest
infantry In the world am satisfied. do
not believe that any other army could for
five consecutive days deliver eight I'M
successful general infantry assaults against
intrenchments and still prese We itself.
The correspondent knows nothing OF
the cavalry operations on either side. There
is no evidence that they accomplished
anything anywhere in the Liaoyang cam
paign. Specializing further, the writer
says he Ia convinced that the Japanese
when they reach Mukden will be compelled
to rest after the terrible severity Of the
fortnight's operations.
They will also need to get the railway
In working order, and II 1t Il true that Gen.
Linievitch is advancing Gen. Kuroh may
be obliged to base himself OH the same
communications az Gen. Oku and Nodzu.
This, even when the railway ia working,
will be a considerable strain, though the
situation has been improved by the oc-
cupation OF Yingkow and the Use Of the
Lao River as far as Old Newchwang, which
Ia now an advanced base.
The correspondent while travelling to
Pekn saw numbers OF Japanese junks
carrying stores to Old Newohwang.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
WABASH,S BIG PURCHASE,
Gets Terminal Railroad. Belt Line and
Coal Co. nj PittsburK for &l2. OOOOOO.

Coal Co. at PfttsburE for Sl2, 100000.
PITTsBuRo, Pa, Sept. "a deed was
filed in the Allegheny County court house
to-day whereby the Wabash Railroad be-
comes the owner OF the West Side Belt Rail-
road, the Pittsburg Terminal Railroad
and Coal Company and all its properties,
for $4,000 900 and outstanding bonds.
The West Side Belt line taps 1900 acres OF
coal land and holds seven acres OF frontage
on the Monongahela River near Saw Mill
Run, with space for trackage to contain
5000 cars.
Charles Donnelly was president OF the
West Side line. Negotiations have been
on for several months. The road has
completed thirty-six miles of tracks. The
value lies principally in the fact that it con.
meets OF can be connected with the new
railroad OF Jones d Laughlin OF the
Carnegie Union Line and with all the mills
on the south bank of the Monogahea River
from Pittsburg to Clarion, distance Of
twenty miles.
The Pittsburg Terminal Railroad and
Coal Company " as capitalized at $l4 900 900,
the stock all being held in Pittsburg. Seven
million dollars in per cent. bonds was issued
and seven mines were opened. These mines
tons Of coal for freight annually as a starter
and more mines are to be opened. Con-
nections will be made with the new road OF
Jones d Laughlin Immediately, also With
the Union Railroad of the Carnegie Steel
Company. (
The West Side belt line runs at right
angles to the Wabash in Saw Mill Run, leds
than one mile from the Wabash passenger
station in Pittsburg. The acreage along
the Ohio River is to be utilized for freight
terminal.
This is the largest railroad deal ever
contaminated in Pittsburg.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
ELOPING PRlNCESS'S DEFENCE.
FATHER, MOTHER AND M SB.AND.
ALL ACCUSED.
Louise OF C0burs Says She Was Forced
Into q IOveiess Marriage With Prince
Who beat Her-N0w Old. but Her
ileart Is Young and Seeks Affection.

Who Heat Her-Now Old. but Her
lleart Is Young and Seeks Affection.
Special Cable Despatch TO THE SUN.
LONDON, Sept. lo.-The Paris CORE
spondent Of the Telegraph, confirms the
report that Princess Louise OF Coburg'
daughter of King Leopold, who recently
escaped from an asylum in which she was
confined, is living in Paris. and says
that she has written to the Voor-
rmt, Socialist paper OF Ghent, an
extraordinary letter, in which the Princess
explains that she chose the Vooruit because
she knew the other papers would not pub
lish her letter After slurring remarks
about her father and husband, she says:
I'VE princes and princesses are creatures
of flesh and blood like the rest Of mankind,
and although in youth every endeavor 10
made to thwart nature In our education,
the time comes when nature will be avenged
and strips us Of all etiquette
Describing her childhood at Laeken,
she says: MY father was seldom home,
but was usually with the youngest and
prettest lady in waiting. Mamma felt
this 30 cruelty that she often confided her
sorrows to well known General in Brussels.
when reached a maria geable age the,
Almanach de Gotha was consulted, not
the future bride. Some ladies-in- waiting
whom father honored with his gracious
favor, chose Prince Philip. Mother was
greatly displeased, but her opinion. had
already ceased to count in the family coun-
ellis. was very sad, for l had great af-
lection for young gardener OF distinguished
character and bearing.
During the first fortnight OF my marriage
my husband whom / had found to be a
drunkard. hurst into my bedroom accompa-
MED by three noblemen as drunk as he. He
wanted me to expose myself in my chemise
before his friends. 1 was rgered so he
horsewhippei ne. bore he,tra~es OF his
hrIt,.'ty fer weeks.
The Princess complained to her father,
whose relations with greenroom people
in Paris and London, she says. did not
give him time to trouble about his daughter.
After asserting that her husband and
father shut her up as lunatio in punish
ment, she AYERS that she does not regret
her fight with Lieut. Count Matassioh-
Keglsvitch. She adds:
Il am old. but my heart remains young
and seeks affection. do not want to be
princess any longer. I want to be
woman respected, and environed with
love and regard. have had enough Of
the duplicity and corruption of courts.
An the courtiers Of Europe are corrupt.
They give me feeling of nausea. To all
who assert that have acted badly and am
q fallen women, 1 answer that they lie.
now take what was scandalously stolen from
me. l am the wife of Count Matassich-
Neglevitch. I am free.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
CUT RATE BLACK HAND. (
Franco Paid SIS and Sleuths walked La
Two Bills Vanish.

Nicola Franco, an Italian tailor, who
lives at 20 Jones street, got letter from
Alberto De Rosa and Vincenzo Molendo
several days ago demanding SIS. Hs
was ordered to take the money to 2lo Grand
street last night. He was told that the
Malta, Carbonari, Black Hand and various
other organizations would DO set on hib
trail II he failed. L.
Franco turned the letter over TO ~
police of the Mulberry street station, HS
was told to meet the pair with the money
De Rosa and Molendo were waiting tor
him in the cafe about o o'clock last night.
Detectives Liebers and Casey made them,
selves inconspicuous outside. Franco
handed the letter writer's three fve.dollaf
bills. Then he raised his hat and the do
tectives entered.
They arrested De Rosa and Molendo.
One Of the bills was found on the
latter, but the other two bills could not b
found, although the Nsleuths searched the
prisoners half dozen times. De Rosa,
who lives at SO Bayard street, and Mo-
lendo. whose home is at Is Grand street,
were locked UP in the Mulberry street
station, charged with blackmail.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-10
THE POPULIST VOTE.
Butler Believes Roosevelt VIII
Get About Half OF II.


WASHINGTON. Sept s.-Ex-Senator Ma
rion Butler Of North Carolina. who was
chairman OF the national committee OF the
Populist party for several years. declared
to-day that he believed President Roose-
welt would get about half Of the Populist
vote.
MIR. Butler expressed the opinion that
Tom Watson, the Popuist candidate for
President. might poll $4,000 and would
certainly poll $4,000 votes in Greater New
York, and that the Populist vote in New
Jersey, Connecticut, Indiana, Illinois and
some other important States would cut
figure sufficient to cause the managers
of both great parties to take it into con-
alteration in making their calculations.
Mr.. Butler said that President Roosevelt
was greatly admired by the Populists on
account of his independence and honesty
without regard to party lines, and he cited
one of whom said in Mr.. Buffers hearing
that Roosevelt was the most independent
character in public life since Andrew Jack
son and would get his vote, and another
declared that Roosevelt might make mis-
takes, but they were his own mistakes and
he would make amends for them.
Many Bryan Democrats and Populists
were opposed to Parker, said Mr.. Butler,
because II elected he would dominate the
next national convention, where they hoped
to see Bryan regain his old-tine power
and become the nominee for a third time.
In New York city. he asserted, men who
voted for Bryan and had previously sup
ported Henry George. would vote for
Watson.
so far as I am concerned said Mr..
Butler, Il purpose voting for President
Roosevelt. / would vote FOR Watson IL l
could see a chance to elect him but / pre-
fer giving my vote to Roosevelt. With
many others, admire his Independence
of character. I admire his honesty, and
want to do anything that is within my
power in order to prevent the defeat OF
such a man because he has those charac-