davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1906-10-06
Railway win Help

The Los Angeles Railway company
will also lend assistance In the UNDER
taking, as 1t wishes TO bridge the river
at the points mentioned kcr Its San
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02

having it flow by lands of ripariaE
owners TO hnally waste by sinking ana
evaporating in the desert. The Cali.
lorna decisions cited for appellants
may no lCnge. be considered gooA
law even N the state in which they
were rendered
II the recent case CT Kansas V. Colo
RADIO before the Supreme Court of tn
United States, Congressman Needham
testified mat irrigation had double.
and trebled the value of property il
Fresno and King .oan;ies, CalitoS-
MA, that they mad to depart from the
doctrine OF riparian rights and under
that doctrine it would be difficult y
make any future development; that
there has been a departure from tho
principles laid down in Lux V. Eaggin,
because at that time the value Of
water was not realized, that the deci-
som has been practically reversed Dy
the same court on subsequent occd-
slons, and that the doctrine OF prior
appropriation and the application q
water to beneficial use is in effeC.
in force now ia that State
We must decline to award the d.
PENDANTS the waters of the stream az
riparian proprietors and patentees of
the land along its banks PRIOR %
1867.
The case will be remanded for
new trial unless there is filed on lle
part Of the plaitnIfrs within thirty
days from the filing hereof, a written
consent that the judgment be modi-
fed by limiting the use of the lS4 NJ
cnes. or $3.50 cubic feet POI ~acoGl
OF water awarded to tne plaln,.-5, .
such times as may be necessarf ct
the irrigation Of their crops or lands
or for other beneficial purposes. be-
tween April Is and October 10 OF
ZACH year. and by allowing plaintiffs
for the remainder O. tie time the ~
inches awarded to them, when necas-
sary for their household, domestic and
stock purposes. and by striking from
the decree the words:
IT * f.'r+ler de"od adiudged ali
decreed that said plaintiffs have the
exclusive right TO use and the eXclu>-
i've use of said Upper Twaddle Ditch
and F!ume at all seasons CT the year.
If such consent is so fled the els
trict court will modify the Judgment
accordingly and as so modified the
! Judgment and decree Will stand affirm
ed.
Talbot. ].
We concur:
Fitzgerald. G. J.
NCrcrC
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02

light of reason as applied to the or
binary rules of practice, and give due
weight to the later section. Appar-
emily the object of this legislation was
to prevent the granting Of extensions
and the meddling of judges in cas-
which they had not tried or which
were not properly unde, their control,
and yet in the case of the absence or
inability OF the judge who tried the
action. to grant relief, or allow ex-
tensions to be made to deserving liti-
giants.
The argument advanced comedies
that if Judge Murphy had gene to
Reno and entered the order in open
court it would have been good, but I'M
der this contention if he had stepped
through the door into the chambers
and made it, it would have been void
Orders extending the time for filings
are business usually, or properly
transacted in chambers ana under
Section 1913 can and ought to be
made as effectually in any part of the
State by the judge having the case in
charge, as if made by him in cham
bers or III open court. Judge Murphy
was merely acting for Judge Curler
curing his vacation, but by analogy
the construction claimed, if adopted,
would, in every case where a district
judge dies, resigns or is succeeded,
inyalidate The orders extending time
under section 1877 made out OF court
by his successor in Office, although
they are of that character ordinarily
granted in chambers. This would
mean a distinction and two rules for
filing orders of the same kind.
and that the Judge who had tried the
cause as Judge Curler had done in
this instance. could make the order IN
chambers, while his successor could
so make it only in the cases tried by
him. and would have to be in court
to make these simple orders extend
ing time in actions which had been
previously tried by another judge.
Appellants desired and were entiGl
ell to the time granted for the plr-
pose of enabling them to secure from
the court reporter who had left the
State, transcript of the testimony
given on the trial. which would ems
bic them to properly prepare the state
men:
Under Section 2573 Judge Curler
could have made an order granting
them the extension at any place IN
the STATE and as during his absence
Judge Murphy was requested by the
Court minutes to attend 10 all bust
ness for him. we conclude that he was
empowered to make the order at Car
son City as he did, and as Judge Gu
Ter could have done, and that it wa5
not necessary for him to make the trip
to Reno and undergo the Formally OF
opening court to enter eZ parte orders
simply extending time, such as are
usually made out of court.
The motion to dismiss the appeal
from the order overruiing the motion
for a new trial and to strike out tn
statement is denied.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02

This action was brought by Alexan-
de- TwaddIe in his life time and Nv
EbeneZer TWaddle, as cO-OWnerS. Tor
$50 miners inches running under six
inch pressure of the waters of OphiT
Creek. alleged to have been approp-
rated by their grantCrs in the year
1856 by means Of dams. bitches ana
a fiume" for the irrigation of Their
ranch containing 203.92 acres IL
Washoe county. The answer denies
the allegation Of the complaint SETS
up the ownership by the defco'E-t-,
Ninte"s. OF q trSct c. land obut cna
mile wide and two miles long. and al
leges apprOpia .ons by them or the.r
grantors aggregaung 600 inches flow
ing under a four inch pressure, by the
year 1861. which are stated to be prior
to any diversion Of the water by the
plaintiffs. and asserts a claim for L.
fendan+. Tonga baugh. TO $50 inches
for f1uming wood. lumber and ice froar
large tracts Of timber lands owned by
him. and for domestic use and irri-
eating garden en- forty acres at Cphir.
Witnesses appeared to sustain. and
others to dispute plaintiffs right as
initiated a half century ago, and the
same is true regarding the claims Of
these defendants. The record affords
a glimpse of pioneer history at a per
iOd previous to tho a9mt'G III - ffl5
State into the Union, and portrays
the building and decay OF saw and
quartz mills and the rise and decline
of towns by the banks of the strea1h
the waters of which arc here in litiga
ton. One witness testified that the
Hawkins ditch now known as the W
per TWaddle ditch. was completed III
1857. and that he turned the sat ~
into it that year. Others stated that
water was running in the ditch and
tUnle about that time, and that these
were APPARENTLY in the same place and
Of about the same capacity as It
present.
On behalf Of the defendant other
witnesses testified that they were
over the ground and saw no ditch
and that none existed there during
| those earlier years. il is unnecessary
! for us to detail the conflicting portions
Of the evidence. These were careful
/ fully considered by the district cCuTc,
! aid Tor the reasons stated in its deci-
sion. enforced by statements IN deeds
made many years before any controy.
, ersy arose, the finding that this ditch
was constructed and q prior approx
! ration of water made through it Il
| 1857 finds ample support. At first OF
| he TwadGie ranch land was plowe
! fer only a g9rfen and a small piece G
grain and but little hay was cut. \
reasonable time was allowed in viii Il
TO extend and complete the use of rnt
! water that would flow through Ii.
ditch and the quantity OF land irri
gated was increased. The lowe
Twaddle ditch was constructed from
Dphir Creek at some time prior :,
1869 and runs to and irrigates thu
EASTERN portion Oh the plaintiffs ranc
is shown that since that year q
east their lands have been in practi
ally the same state Of cu.Uivatio
nd irrigation that they were in at tn
me Of the commencement of thi
2ction, and that during that perio'
Plaintiffs used all the water the
needed from Ophir Creek without in
terruptioI except in 1887, 1898 an
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02

~,
Tt ode ed -n,n IN
cta,a tbo, rro tho last ton rr ,if
fean % % i'm trvi,e g
much We r. rom rntir Crock in al
ditirn +, ~ : --~. :. -
he ugad Il ~ Sr on wears thai
he cri1tiya III an 6. As he claims
and uses rcre tr~n the plain ifs We
corc,pfe at his large increase in
bic divorci,n Of tbo --afars yf tha
ctreamc einoo tho connletion of tbe,r
cnnronria,io h oh has remained
ctat:onar- ,~av accourt for the short
900 ,nd Gisnuta
80, rt-or :, ,,,-,
o4 49,, -.+o. i-7co ,ooor,,,,io.;
Inv civi' ,,ei-,-nr who had testified
oc =, wi+np c for tho 1efoo9ants view
Cd tho nra---,soc ord r,ara ,ooaeure
,,o,+r A. 10 ,,i,+ or loot oarrv
inc c.nooi+v IF tho ,,nor. Tv,ddI,,
d;tob who, ie tho old cnu,r, e,,,,
80, ~. poro.s. ,r,,e;o, ,na or,co
a.,o, ~, e,, - 20, ;a1o.
or,a ~ vote. 1,,,,oa 49, NO., wv.
incbo. cf reacbine Tho tn, c,,~-
,,o1yo- bad +os+ifod for tho ,,,i,+i,e,
+ba+ -. o.n,ci+,, voc 100 ;nob,r ~
tbie noirt ana t1o+ tho con,oi4v r.
100 feet of old aure remaining IN
nncrnr tho head of the ditch which
had feer7 ir7nairoG nv age ard ahar-
donpd. and cUnn'an' cd wv new Y
furne hu;lt above tho cd Cra Nv the
/ nlain+ife in 1907. was 80 INCHES At
this point the ir'on f0-n6 that let
inches Cf w"tor ~-hich he had meac-
ure1 hp1n-- ah0rt fl ed the new y
( fune and he pcti-ra+cd thai tho oil
frne would ca~rv- from ooA 70 600 IT,
ches From his pvarrirati0n Of tho
premises ana tho charan +e,, Of tho sol,
the court vrac of the oninior that th,,
nlaintiffs r0"rirea. and we're entitled
tO at looet tho amount If v-ator tho
had Aawino N tho frn,e 81 +ho ti,,,,.
he made tho eva777:no+;cn an7 10 -,
creed trnrr y nr;or rir,,+ IN 1Qt ,ri,or.
inches runniro rn1or 9 fou~ incl,
nress7re or 3 $50 cubic feet ner sec
nrd from h~ri7 1-th - N-n- 17+h -
81 oh vnar ana % inches or % Cf ono
cubic foot ner eerora FOR domestic
uen and ,vato~frr stock ~ o+her
tirrpe. It IS cIa+nnd +ha or,o,,r+ a.
lowed s not warranted bv the ev;-
! aencn h"oaucn r-oro than tbe oanaoi-
tv of the unnor Twaddla ditch ac
shown bv the testimony morticpo7
G,.;,o = 81 100 ;,o,o - +,o ,,o;,+
above Tho ,,,n,ior a., - 20 ;,a1
,ror w. zoo -. -, e,
tbro,,ob which tho ,,-o.o, eo,,-os ,>u;,,r
.. 1ooo w W.
-
"a
Wv
+i4.- ,o. 49, nay 90, Nv
me IinSe vi t''F
" ~ Nv
Il,
- '"e WV 'T' VI oih '''''e v ;, 'o",
h'o"Ihs w" ,'''ihe anu Ne''I.' ~
me "a'f,r wv el,. erFd IL nor Whet'-
81 'ne .Iil". 10 ~ ne uL.IL IA 100
W :" - 49,. -
: - WIS 90
oa &c foo +riei,. 10 no r,,+o~i,, o,s
s1.r1,. ,,i.o..a,,o,,o,. - 10 ooo4o,
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02
OFFICIAL COUNT OF STATE
FUNDS.
STATE OF NEVADA.
County of Crmsby, S. S.

''J ~ ~ "'SoJs
w. G. Douglas, and James
G. Sweeney. being duly sworn.
say they are members of the
Board # Examiners Of the State cf
New, that On the 29th day of Jan. o..
they, latter having ascertained &c
the books of the State Controller the
amount of money that should he in
the Treasury made an Official exanlj-
nation and count of the money anil
vouchers for money in the State Ire
asury Of Nevada and found the same
correct as follows:
Cain s26S.2SO a
Paid coin vouchers not re-
turned 10 Controller 111,112 Is
Ers
Total 1892 90
State School Fund Securities.
lrredeemable Nevada state
School bono $4,000 90
Mass. State 3 ~ cent
bonds -27 nOn 90
Nevada State Bonds 1,5, 700 90
Mass. State 81 per cent
bonds 313,OOO 90
United States Bonds 215 coo 90
Total 2092 O9G. 81
w. G. Douglass
James G.. Sweeney
Subscribed and sworn before mo this
I9th day Of January, A. D. 1906.
]. Doane.
Notary Public, Ormsvy County. New.
Two quartz wagons. one wood and
one low wheel wagon. also harness for
six horses. House, barn and five lets
Apply at Adam Bay. Silver City, New.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
ON THE DIAMOND.

Yellow Kids Worked Sunday for First
Time This Season.
Athena's Yellow Kid ball team had
their first work out of the season some
what marred by rain Sunday after
noon. The boys were just perspiring
freely and warming up to the game
before the admiration and enthusi-
astic applause of a large crowd in the
grand stand when the weather man g
forecasts were made good by that bad
actor, J. Pluvius, who dumped the
contents of his water cart on the dia-
mond.
The local material is showing up re-
markably we'll. Manager Cartano
was seen to take Lefty" Smith and
Ross Maloney off to one side, and
after little con talk it was buzzed
about that these two lads are to be
tried out. They both field like
trojans. and, Maloney appears to be
handy with the stick. The Nordean
brothers have the stuff in them and
are doing good work. Laurence Lieu
allen looked natural out in center and
divided honors with the veteran Ike
Butler, who was also cantering about
in center garden. Little Frank Swag-
gart, the kid of the team, made his
first appearance at short and did some
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27

their cabin began to move from its
foundation. They tried to escape 10
higher ground by feeling their way in
pitch darkness; but soon discovered
that their retreat was effectually cut
off by roaring stream on either side.
They retraced their way with diff
Guilty to the cabin aud found it some
twelve feet from where they left il.
Soon after the water began to sub
side around them, which they could
not understand until morning. Then
they found that they had been almost
miraculously saved by large tree
swinging around lengthwise of the
sream and forming drift few rods
above their house, thus dividing the
stream. The next day they made
their escape without difficulty from
their perilous island Dallas was re-
lating the circumstance some days
after to his old friend Grasty. The
old mau asked him upon his con-
cluding the story. if be didn't pray
for daylight. He looked at Grasty a.
moment aud said: Daylight, Pap1
| would have given fifty dollars
minute for the palest sort of moou-
shine. Marion O'Harra, In Wes-
ton Leader.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
A MIRACULOUS ESCAPE.
Exciting Incident RetoId Of the Grea
Flood of 1882.

Exciting Incident RetoId Of the Great
Flood OF 1889.
To settle question that arose be-
tween myself and my good old friend,
L. S. Wood, short while back in
regard to the food that took place in
Umatilla county years ago, will re-
write an incident of the flood as told
by my brother to his pioneer friend.
Pap Grasty, and described by EN-.
Rideuour. The incident is as follows !;
Every old resident of our country
remembers the great food of Decemb.
eT, 1882. Indeed, its work of de-
vastation will be seen century hence
Oh the Umatilla and its tributaries.
Perhaps no two persons of the many
who made narrow escapes that memoir
able night had a more thrilling ex-
perience than did Dallas O'Harra
and DIR. WILDER. Their cabin was
built on the narrow Meacham creek
bottom. The flood came upon them
while they were asleep. They were
only awakened by the rolling Of rocks
and logs against their cabin and
jumped ont of their beds knee deep in
water. Soon they perceived that the
water was increasing in depth and
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27

clever work. When the older heads
get after this boy with their ginger
can, and give him the fine crinkles of
the game, he will develop into the
'..hnd" of the season.
* Krietz aud Cotton Davidson, men
Behind they mask, show up III good
form, and Cotton" also has the ac.
complishment of being whirlwind
iufielder. Ike Butler is rounding into
form and with few more workouts,
all soreness will have left the big fell
low. He has made hit with the
fans and can live in Athena as long as
he likes. George Marquis, Whit
mans famous southpaw. is himself
again, and will perhaps have the
honor of pitching the first game of
the season, which will be with the
Boosters" Of Walla Walla, in Athe-
ma Saturday, April z. "Trilby"
Willard. the old left wing Yellow
Kid, will be in from Reardon, Wash.
hist evening.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
Heavy Rainfall.

A heavy fall of rain was experienc
ed in this vicinity yesterday afternoon
and last night. In Athena the heav-
lest rain fell shortly after the noon
hour. 1t checked up shortly but con-
tinued intermittently during the after
noon and all of last night there was
steady downpour. Late yesterday
afternoon bank of heavy clouds
came up from the east, swung around
in the vicinity of Adams and one Of
the heaviest rains in years fell there.
Along Crawford Hollow the storm
assumed proportions Of a waterspout.
The waters rushed down the hillsides
and iuto Wildhorse creek, damaging
grain to some extent and flooding the
o. r. & N. tracks.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
TO AID GOOD ROADS
DISTRICT IMPROVEMENT CLUBS
HAVE BEEN FORMED.
Then Each Tributary Club Has Been
Joined Into a Federation for
More Effective Work.

Athena is interested ia all good,
roads movements, aud more SO now
than ever before, for the reason that
she stands an excellent chance of hav-
ing mile of maoadamized thorough
fare constructed here under the
supervision of government experts.
Up iu Washington movement in the
matter of better roads has been in
augurated which is accomplishing
much good. Within radius of
ten miles of Seattle and within the
borders of the city limits there are Q
number of Improvement clubs which
have done large amount Of work
for the benefit of that section that
might be we'll patterned after by any
section. In Seattle alone there are
nearly 40 such organizations, and
within the other zone there are nearly
35 more. In Seattle all the clubs,
have Joined federation of improve
ment clubs and in the Rainier valley
there is another federation known as
the Rainier Valley Federation I'm
pTOP6ul6ub OluO5. IIdCu bUCi0Iy uhb
the aim of its own locality at stake
and looks after such matters as may
properly come within it's sphere.
The movement originated in Seattle
in 1900 and has grown constantly
since that time. Joseph Shippen was
the prime mover of the matter aud
commenced his work with the organ
ization of the Renton Hill Improve
m ent Association, which is the oldest
organization of its kind in that city.
The organizations in the country
and suburban districts have taken up
the subjects of macadam roads and
through them and the State Good
Roads Association the beginning of a
system of roads estimated to cost in
the aggregate 5000, 900 has been made.
Each district has club, and through
the officers the work is carefully look :
ed after and guarded.
In the city the clubs inaugurate
many Of the improvements in the vari-
GUS sections, such as paving and ce-
ment sidewalks. The officers of the
clubs look after the many details in
connection with the passage cf the
necessary ordinances, and while the
work is progressing look after the
interests of the property owners gen
orally.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
FORMUTUAL PHONES
ORGANIZATION TO INCLUDE
wALLA wALLA ANDHEpPNER
Farmers Meeting at Pendleton Plans
to Combine All Systems With
Long Distance Service.

The farmers who organized mutu-
al telephone company one week ago
at Pendleton are still agitating the
matter of mutual lines, says the Tri-
bune. Since this organization was
perfected, letters have been received
FROM the secretaries of four or five
different private lines, whichswere not
represented at the original meeting.
asking for information as to the in
tents and purposes of the mutual COM
pany. The trend of these letters have
been favorable in general for mu-
tusl which will take in not only this,
but other counties of this state and
Washington. Farmer lines are now
running, the farmers claim. from the
Wslla Walla valley to Athena and
Pendleton to near Adams, leaving
only few miles, five or six, to con-
meet Pendleton with the Walla Walla
country.
A few miles extension, it is also
claimed, would take in Helix, while
private lines are now running to
Echo, the Butter creek country,
Ukiah, Alba, Pilot Rock and on to
Heppner The promoters feel certain
that all these would come into the
new mutual. This would practically
give the subscriber toll free service
from Walla Walla to Heppner, and at
least from Helix to Ukiah inclusive.
If mutual is formed, not only are
the farmers confident of consolidating
all the lines of the territory above
mentioned, but they feel that long
distance line to Portland would not be
impossible. In fact, the farmers say
that many men have intimated, that
il the project Of mutual is effected,
plenty of capital would be forthcom-
ing to carry such a line through and
thus connect with the hundreds of
miles of independent lines in the val
ley.
1t is claimed by the farmers that in
addition to considerable expense in
erecting their own lines and keeping
them in repair they have paid tribute
to the amount of about dollar a
month to the Pacific States company
for phone rent, exchange and bat
teries, besides toll on long distance
'phoning, running from so cents to
$40 year to the different individual
subscribers.
Nothing definite has been settled as
vet and another meeting will probably
be held next Saturday TO talk the mat
ter over further. Several representa-
tivss of county lines were in consulta-
tion with Manager Burford of the
Pacific States company yesterday
afternoon, but elected nothing better
in their estimation from him than the
offer made by Mr.. Bingham week
ago. Mr.. Bingham will return to
Pendleton to confer with the farmers
and offer them extra inducements in
an effort to keep them from perfecting
the mutual organization and estab-
fishing an independent telephone
system.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-03-27
Forgot Square Deal"

Rev. Louis Kelly, Baptist minis
ter, the partner of the late Rev.
George Simmons in the defunct Peo-
ple's Savings Bank of Peoria, is in
dicted for embezzlement. The indict-
ment charges that Kelly received de-
posits February 5, the day before Sim
mons committed suicide, when he
knew the bank was iusolvent. Re
cent developments have shown that
the bank held notes of Kelly and Sim
mons to the face value Of $125, 900.