davidaulloa/AmericanStories huggingface dataset:
The newspaper., 1906-05-25
IMPORTANT WATER DECISION.
The Supreme Conrt Passes on Paonia
Case Involving the Question
of Waste Water.

Many of our readers will re-
member the waste water case
brought by Alvine Meiberg
against J. NJ. and L {. Burkart
some three years ago. In that
case Judge Stevens decided the
case in favor of plaintiff, and that
decision is now reversed by order
Of the Supreme court. The de.
cision follows in full:
The plaintiff and defendant own
adjoining tracts OF land, that OF
the plaintiff lying to the west of the
defendent's, the natural slope of
which is in that direction. The de-
PENDANTS own valid water rights In
several bitches which have their
head gates in n natural stream, and
with the water thus diverted they
had for n number OF years irrigated
their tracts OF land In question. In
the process OF spreading water upon
It, some of 1t, by surface drainage,
, has passed across, and escaped there
from, and reached the land owned
by the plaintiff and is there collected
by her. and by means of an irrigat-
ing ditch, running parallel with the
common boundry line. she has used
this water In raising crops.
Plaintiff first began such use about
the ycnr 1880. and so continued until
the year 1903 when the defendants
dug n parallel ditch entirely upon
their own land, "A short distance
from the boundary line and thus in
terceptcd the wnter which had been
spread upon their land further to the
east but which, In the process of ir-
rigation, had not soaked into or
passed beneath the surface and the
water thus intercepted by the de-
PENDANTS they carried by means of n
ditch around the plaintiffs body of
land. and irrigated other lands
owned by them to the west OF plain
tiff's tract.
The question for decision Is whether
the plaintiff has made II valid ap.
preparation of waste water as
against the defendants, or whether
the defendants have right, as
against plaintiff. to intercept upon
their own land and before it passed
thcrcfrom, water which has been
upon the same but not en-
~tircly consumed in the process of ir-
rigation.
1t will I've observed from the fore
going abatement thnt 1t Il only to
such water ns has actually escaped
from defendants, and reached her
own lands that plaintiff makes
claim. Her ditch is built entirely
upon her own lands. ana the point
OF diversion of the waste water is
also situated thereon, and not on
defendants property. She does not
claim water which by sccpagc or
pcrcolation, first arises upon her
own lands after having been applied
to the irrigation of other lands. hence
section 22G9 NJ. \. 5. does not apply.
1t is manifest that, ms against the
defendants, the plaintiff has not
made n valid appropriation of this
alleged waste water. Just what
constitutes waste water in every In
stance we do not decide, but it is un-
questionably true that, so far as con-
Germs the right to make valid APP
preparation OF It, this water is not
waste water 80 long as 1t remains
The newspaper., 1906-05-25

upon the lands of the defendants,
and does not in any event become
such until II has escaped and reached
the lands OF Others. The plaintiff
certainly has acquired no vested
right to compel the defendants to
apply the waters. the right to the
use of which they own, in such a
way as that some of 1t will not
soak into their own ground but es-
cape and pass from the surface onto
her lands The defendants have the
right to change the place and man.
ner OF use. or reduce the quantity ap-
piled to their lands, so that no
water whatever will escape and
reach the lands OF plaintiff. Whether
the waste water which the plaintiff
for n series of years has utilized has
reached her land as a result of an
improper or eNtravagant use which
the defendants have made of their
own appropriation, or whether IL II
the result of "A proper method OF irri-
cation, due to the topography OF
the country, or some peculiar local
condition. does not appear from the
evidence, and IL matter of no ma
terial moment, so far as concerns
the rights OF the parties litigant. SO
long as, and while the water which
is applied by defendants to the irri-
CATION of their lands remain upon
the same, IL il as against the plaintiff,
their exclusive property, whatever
may be the rights of plaintiff as
against some other claimant to 1t as
waste water. Certainly. defendants
could turn into their laterals from
the main ditch lying further to the
east. less water than they have been
wont to do or apply it in such n
way that all of it will sink into the
ground before it reaches the boun-
Diary line of the two tracts; or they
might turn into their laterals the
full head to which they are entitled,
and before 1t reaches, and IL applied
to the portion of the land immedi-
atcly adjoining plaintiffs, turn all
or portion of II into some other
lateral or some other ditch and use
II upon an entirely different tract of
land and thus prevent drop from
running into plaintiffs ditch.
The plaintiff does not assert the
right to the use Of this water by
virtue OF an appropriation made
from the same stream or any of its
tributaries, which are the source of
defendants supply. She cannot
therefore. like prior or junior ap-
proprietor of water from the same
stream, insist upon economical use
by the defendants of their appropri
alton. II the defendants have no
present or immediate need of the fun
quantity of water which they may
divert and use. they cannot waste II
but II Is their duty to allow such
portion as they have no immediate
need for to remain in the natural
stream, or II diverted, to return such
surplus again into the same stream
where. unless they intend to recap
turr il. IL becomes subject to diver
sion by the various bitches in ac-
cordancc with their numerical prior
itics. La lara Creamery Co. V. Han
sen.
al
The newspaper., 1906-05-25

John Wedmore. of merS.
has purchased ten acre It laui
from f. r, Morgan an, vii in,
prove it.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
DELIGHTFUL EVENT IN
MOODMEN CIRCLES

There was an unusually interesting
session of the Woodmen of the World
Tuesday evening in honor of visit
from Head Consul Baak, of Denver
The session was joint session of the
Woodmen and the Women of Wood
craft. An interesting preliminary pro-
gram was given. Vocal solo, Mr.. w.
c. Morse; solo, Mrs. W. C. Thomas;
recitation, Mrs. Curtis, and several
comic songs by Mr.. Charles Van Pat
ten. Mr.. George e. Colgate, on behalf
of the Woodmen. and Mrs. Kate B.
Hills, for the Women of Woodcraft,
made most excellent, though brief, ad-
dresses of welcome to the visiting
guest
Head Consul Baak then addressed
the members. Mr.. Baak is a very in
teresting, forceful and pleasing speak
err The membership was delighted
with his words of wisdom and are
more than ever enthusiastic for the
upbuilding and progress of this noble
order. After the address by Consul
Baak delightful refreshments were
served and thoroughly delightful
evening enjoyed by all.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
MICA MILL TO
BUILD IN CANON
The Pennington Mines Have Been
Sold To Standard Oil New
Industry For The City.

The mica beds owned by Thomas
Pennington and Luther Seymour in
the Freshwater district 80 miles north
west Of Canon City, were last week
sold to Edward McLain of New York.
who will at once proceed to the de-
velopment of the properties.
At the Worlds Fair in Chicago
sheets of mica were shown from these
beds that squared 1Sx2s inches. These
were the largest sheets of mica ever
placed on exhibition.
These claims are on what is known
as the Climax lode. Mr.. McLain is
after other prospects. in the same dis
trict
The price paid for. the claims was
$4,000. II IS said that Mr.. Mclean is
agent for the Standard Oil Company.
The mica viii be hauled TO Canon and
here milled. A mica mill will be built
as soon as the machinery can be ar
ranged for
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
JUDGE AND MRS WALDO
GIVE SURPRISE PARTY

Last evening large number of Odd
Fellows and Daughters of Rebekah
met at the convenient home of Mrs.
Chase and proceeded in a body to the
residence of Judge Waldo as a sur
prise Valentine party" upon Mr.. and
Mrs. Waldo, who are honored members
of this order.
Saint Valentines Day was appropri-
ately observed in the presentation of
beautiful Valentine, as well as in
the entertainment of the evening,
which was much enjoyed. Appropri-
ate refreshments were served and the
evening proved one in every way to be
long remembered.
Judge Waldo has long been one of
the most eminent Odd Fellows of Col
orado Mrs Waldo has been promi-
nent in the work of the Rebekah de-
gree in her former home, so that their
being thus honored by the order in
Canon is very appropriate.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15

joyed by all present Van Patterns
team won two games bv fast work, but
the other side almost wrested honors
from them in a couple of instances.
The apparatus work showed that the
boys have been hard at work this win
ter
The basket ball game between the
Canon City high schoo! team and the
Y. NJ. G. A. team resulted in the de-
feat of the latter by score of Is to II.
This is their first defeat this year. The
team for the state meet goes to Pu-
eblo Friday noon and as there are sew
eral places to be filled for party rate
you had better see about going and
help the boys win by some hearty
roofing. The fare for the round trip
is $270, including a ticket for after
noon and evening exhibitions.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
UNDERTAKEN WILSON HAS
VERY NARROW ESCAPE

When reforming from the Vasley
funeral TUESDAY afternoon. Undertak-
er A. f. Wilson attempted to pass be-
tween a large moving van and freight
train on the Santa Fe crossing. His
horse took fright at the engine and
whirling overturned the vehicle and
threw Mr.. Wilson out On his head. He
was SO badly stunned that he could not
rise for some minutes. Employees at
the brick yard came to his assistance
and he was brought to his office. After
recovering from the shock, he decided
he was not badly hurt. The horse be-
came entansled with the harness on
the team of the moving van and was
held. The buggy in which Mr.. Wilson
was riding was wrecked.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
TRYING TO SAVE BOY
FROM THE MOOSE

]. F. Moulton of West Dover, Ohio,
was in Canon Sunday in the interest
of Charles o. Peters, who is in the
penitentiary under sentence of death
for the Youngblood murder in Denver.
Fred Arnold and Newton Andrews,
Peters companions in crime, have paid
the penalty some time since. Peters
has been reprieved several times be-
cause of his mental and physical con-
dition.
Mr. Moulton comes from Ohio bear
ing letters from Peters mother and
sisters and petitions from neighbors
who knew him as boy. He expressed
the belief that the pardon board. at its
next meeting. would at least commute
his sentence so that it would be pos
sible to take him to the asylum at Pu-
eblo,
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
CANNING COMPANY after
BIG VEGETABLE CONTRACTS
Canning for Two Hundred
and Fifty Acres Picking vegeablesW Pay Growers Big
Of Money

and will undoubtedly grow into much
larger sums.
This money will be clear gain to
the fruit growers us many have unoc-
cupied land and spare time that could
no be otherwise used.
The Colorado Canning company has
recently installed as superintendent Of
the plant Mr.. C. A. Shinkle. He has
been connected with the largest COM
panies of the country. coming here
from San Francisco. Mr.. Shinkle has
great faith in Canon City as canning
point and believes that he is going to
help to make Canon City famous for
her pickles and canned goods.
The company will also do a big bus
mess in preserved and canned goods
They will make a speciality OF fancy
preserves and will put out = fine line,
something that will equal or excel the
famous Monarch and Bishop brands.
They expect to buy = big lot OF the
various kinds of fruit next season to
supply this demand. but are not max
ing contracts because there 10 usually
plenty of such fruits to meet the de-
mands.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
RIO GRANDE MAN
VISITS CANON CITY

+. A. Wadleigh. assistant general
passenger agent of the Rio Grande,
was in Canon Tuesday. He was taken
to the top OF the Royal Gorge by Agent
H. s. Maddox. and was loud in his
praise of the wonderful sight.
Mr. Wadleigh has been through the
Gorge hundreds of times and has spent
thousands of dollars advertising the
Gorge and the Hanging Bridge, but
this was the first time he ever went
to the top.
The Rio Grande is beginning to ap-
preciate the Royal Goi ge as an asset
to the road as never before, and Major
Hooper and Mr.. Wadleigh are planning
some big advertising for this feature
in the near future.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
BUSINESS SHOWS
INCREASE IN POPULATION

There are more lock boxes rented
at the roxt office than ever before in
The history of the office The carriers
re handling more mail than at any
lime in the history of the office The
receipts for stamp sales Monday were
$40. While there are usually hun
dred vacant boxes at the Office, and at
times in the last two years there have
been more, Monday night there were
just thirteen left, and it is expected
that these will be taken before the
end of the quarter. This fact shows
healthy growth in the territory out
side of the city delivery districts.
1t is the opinion of those in posi-
ton to know that Canon City and its
environs have increased in population
at least 1000 in the last sixteen
months.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
COLLEGE AVENUE
OPEN TO 18TH
Land Owners Will Donate Right
of-way For Thoroughfare-
Street Railway Helps Along.

College avenue will be opened
through to Fifteenth.
For years everybody who lives ON
town, has been anxious for street
to be opened
The electric railway is the thing that
brought the matter to a conclusion.
A committee of prominent citizens
took up the matter yesterday and in
terviewed the parties interested.
Three people practically own all the
land through which the street will
pass.
The first people called upon were
Mr.. and Mrs. A. T. Richardson. They
generously agreed to open the street
at no cost to the city. They are will
ling to do anything that will help that
part of the city to advance, and they.
fappreciate me fact that II the street
is opened and the car line passes
for them. as well as for their neigh
bors.
Mr.. ]. H. Harrison has agreed to
open up that part which goes through
his land on the same basis-no cost
to the city
The other land belongs to the Wells
estate. Mr.. Reynolds. executor for
the estate, and the committee, went
before County Judge Cooper and
showed him that il would be of great
v,lua to the land and tn the estate to
have the street opened, and he has
issued an order allowing it to be
done on the same basis with the
others.
This is an important Improvement
and is of great benefit TO both the i'm
mediate property holders and to the
city at large,
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15

The big "ad." in The Record last
week by the Colorado Canning COM
pany, offering to contract for cabbage
and pickling vegetables, has attracted
a great deal OF attention.
This company assures The Record
that Il means business and will do
tust what It says in the "ad.", which
is repeated In this issue.
Mr.. Turnbull says that they hope to
place under contract the following
products: 150 acres Of cabbage. so
acres Of cucumbers, 20 acrea of pump
kins, 10 acres OF horseraddish. s acres
Of caulifower and s acres Of pearl
onions.
The company is getting ready to
put up big lot of kraut. chow-chow,
and fancy pickles.
representative has been over the
neld in neighboring states. Texas. New
Mexico and Utah. and feels sure there
will be NO trouble In placing all the
goods they can put up.
This industry will mean whole lot
for the land owners OF this commun-
ity. II will nrt from e15,000 to $4,000
into the growers' hands the nrst year
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
ORDERS HAVE
Been PLACED
Money For Street Car Bonus In
The Bank And Promoter Gram
ger Is Pushing Things With a
Vim.

The orders have been placed by Mr..
F. s. Granger for his steel rails, the
ties and cars.
The steel rails are promised for the
last week in March. They will be
rolled between March Is and 25. It
will take week to finish up and put
them on the cars. They will be made
in Pittsburg. Mr.. Granger figures ON
having them here by the fifteenth Of
April. and in this event he promises
the road for July l.
Mr.. Granger is hummer when he
begins work and he will have things
moving rapidly Just as soon as his
material can be had.
The money has been raised and most
of it is on deposit, so nothing is now
in the way of success
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
JOLLY TALLV-HO PARTY
SURPRISES MISS WATT

A jolly crowd of about thirty young
people, mostly Rebekah and Odd Eel
lows, on last Friday evening filled the
tally-ho and other conveyances and
went as merry surprise party to
spend the evening with Miss Watt of
East Canon.
The evening was most enjoyably
spent in music and various games and
all voted the evening one of the most
delightful of the season.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
HAS READ THE RECORD
FOR MANY YEARS

MIR. C. d. Cooper of Newark, New
Jersey is here for short visit. He
is an old time friend of DR.. w. 7. Lit
tie. they having come from. the same
part of Pennsylvania.
Although he has never been in Col
orado before Mr., Cooper has been a
regular reader of The Record for the
past seven or eight years. and he says
he knows about as much about the
town as II no had lived here. He may
locate In Canon City or somewhere
in Colorado.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15

a time when the flow would otherwise
be small
This case is but an illustration OF
the ever increasing value of water,
and the Importance of water rights
to the people of the arid region. Con-
ditions have now reached point in
the Arkansas valley where it is of
prime Importance that the people be
alert to protect their rights. and that
one and all strive for just, fair and
proper solution of all questions con-
cerning the use of water. without the
use of which this part of the state
would practically return to the desert.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15

fore decided to build a mine and the
lease on the GAO acres in the Park
was secured. 1t is the central basin
of the Canon City coal fields. The
Royal Gorge. Nonac. Brookside and
Chandler mines surround and adjoin
the Wolf Park tract on every side. The
outcroppings, too, show that the whole
tract is underlaid with coal and there
is reason for the belief that the vein
reaches its greatest thickness in this
basin.
Surveys have been made for switch
connecting with the railroad and this
will be built before the mine is in OPP
Grafton.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
THIS REPORT
WITH CANON WEATHER

r. b. George. who owns a tract of
land on Lincoln Park, writes that he
is anxious for the time when he can
make Canon his home.
He says he likes the climate as re-
ported in The Record from time to
time and wants to make his future
home here.
He Is now at Royalton. Minnesota.
and sends the weather record of last
week.
You remember In Canon that week
Il was as warm as May. and people
were out driving every day with al
most no wraps on.
The weather at Royalton was as
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15

About three weeks ago there was an
explosion in the Three Jacks tunnel.
a prospect in the Cripple Creek dis
trict. Jack Crowley, an eN-policeman,
rushed to Victor with the announce
ment that his partner had been blown
up. An undertaken went to the tunnel.
gathered up handful of flesh and a
funeral was held in memory of Will
liam McEachern.
The Northwestern Life Insurance
Company paid the widow $4,000 and
the A. o. u. W. and Modern WoOdmen
were about ready to pay insurance poll
icies.
But something happened Saturday.
William McEachern, who was suppos-
ed to be dead, was arrested at the
home of his brother-in-law, John Mod
lin, in Victor, ModliE and Crowley
and l.. q. Kellog were also placed un-
der arrest charged with conspiracy to
defraud the insurance companies.
The body OF John Speed had been
stolen from graveyard and placed
over forty pounds Of dynamite and this
had been blown up instead Of the live
body Of McEachern.
Kellog. whose family lives on New
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
FREMONT COUNTY ZINC
FINDS WAY TO MARKET

Two car loads of zinc were shipped
from the Isabella mine on Talahasse
creek in Fremont county this last
week. The projectors Of the mine haul
the ore about ten miles to Parkdale,
where il is loaded on the cars. They
receive SIS a ton on the track. But
three men are working the mine but
they get 1T out as fast as the wagons
can haul IL away.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
CRIPPLE CREEK MINERS TRY
BIG INSURANCE SWINDLE
Rob Grave Body With Dynamite Fail To To
Fair With Canon Who Gives Snap Away.

York avenue in South Canon, had been
promised $1,000 to help get the scheme
through He had been paid only fifty
dollars, and as he thought he was to
be beaten" out of his share of the
plunder he told Marshal Naylor Of
Victor of the plot. and the arrests fol-
lowed
Mrs. McEacheru and her sister, Mrs.
Modlin. were found at Colorado
Springs and $2740 of the insurance
money was recovered. This was re-
turned to representative Of the COM
pany.
At Leadvilie, where McEachern for
merly lived. he had gained the reputA-
ton OF burning houses for the insur.
ance money. And it is said that -
once lay in a CONN for three days and
collected goodly sized Insurance pol
icy from life company.
kellogg had in course Of constructions
a new house in South Canon. This he
had insured for S130O His wife. Who
has lived here for more than year.
il In delicate health. McEAohern ppsss
a. q prixs flgAter. Here In Canca -
was known a. an artist. People vho
have bssn to his house ssy hat ~
pictures have much merit.
CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-02-15
HIGH SCHOOL WINS
BASKET BALL GAME

for the championship of Canon City
is TO be played by the high school team
and the Y. NJ. C A. team at the Y. NJ.
C. A. gymnasium. The first of the
three games was played Monday night
and resulted in a victory for the high
school by a score of 10 to IL.