davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04

having it flow by lands Of ripariau
owners to finally waste by sinking ana
evaporating in the desert. The Can.
fornia decisions cited Tor appellants
may no longer be considered good
law even in the state in which they
were rendered.
IN the recent case Of Kansas y. Colo,
RADIO before the Supreme Court Of tbs
United Jates, Congressman NeeGham
testified that irrigation had doubiet
and trebied the value of property ia
L fesnO and King cCuiIiies, CallfOr-
Ma, that they mad to depart from the
doctrine OF riparian rights and unde-
that doctrine it would be difficult y
make any future development; that
there has been a departure from tho
principles laid down in Lux " Haggin,
because at that time the value OF
water was not realized. that the deCi-
sOin has been practically reversed By
the same court on subsequent occa-
sions, and that the doctrine of prior
appropriation and the application CT
water to a beneficial use is in effec,
in force now in that State.
We must decline to award the de.
PENDANTS the waters of the stream az
riparian prCprietors and patentees nf
the land along its banks prior 70
1866
The case will be remanded for
new trial unless there is filed on the
part CT the plaintiffs within thirty
days from the filing hereof, a writtea
consent that the judgment be modi-
fed by limiting the use of the lSi N
ches, or :, 34-5o cubic feet n2r &@"Gui
Oh water awarded to the plaintlD5, .
such times as may be neces5ar. -Or
the irrigation Of their crops or lands
or for other beneficial purposes, be-
tween April i and October Is OF
ZACH year, and by allowing plaintiffs
for the remainder Of the time the -
inches awarded to them, when neces-
sary for their household, domestic and
stock purposes, and by striking from
the decree the words:
1T is fslr.he ordered. adiudged and
decreed that said plaintiffs have the
| exclusive right To use ana the eEcluS-
| i've use of said Upper Twaddle Ditch
! and Plume at all seasons Of the year.
If such consent is so filed the ais
| trict court will modify the Judgment
| accordingly and as so mOdined the
! Judgment and decree Will stand affirm
! ed.
We concur:
Fitzgerald, c. J.
NCrCrC -.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
ON TILE MEnl1S

This action was brought by Alexan-
der Twaddle in his life time and Nv
Ebenezer Twaddle. as cOowners, for
$50 miners inches running under six
inch pressure Of the waters of Ophir
Creek. alleged to have been approp-
rated by their grantors in the year
1856 by means Of dams, bitches ana
flume'' for the irrigation of their
ranch containing 203.92 acres II
Washoe county The answer denies
the allegation of the complaint sets
up the ownership by the defendants,
Winters, of a tract Of land obut one
mile wide and two miles long, and al
leges appropia ~.ons by them or Their
grantors aggregaling 900 inches flow
ing under four inch pressure. by the
year 1867. which are stated to be prior
to any diversion of the water by the
plaintiffs, and asserts a claim for de-
PENDANT, Longabaugh, to $50 inches
for fluming wood, lumber and ice fro"
large tracts of timber lands owned by
him, and for domestic use and irri-
eating garden on forty acres at Ophlr
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 per
iod previous to the adm tssion # this
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 stream
the waters Of which are here in llnga
ton. One witness testified that the
Hawkins ditch, now known as the up
per Twaddle ditch, was completed IN
1857, and that he turned the water
into it that year. Others stated that
water was running in the ditch and
! fume about that time, and that thesf
were APPARENTLY in the same place and
| of about the same capacity as 1t
| present.
| On behalf of the defendant other
! witnesses testified that they were
over the ground and saw no ditci
and that none existed there during
those earlier years. 1t is unnecessar!
for us to detail the conflicting portions
of the evidence These were careful
fully considered by the district court
AID Tor the reasons stated in it's deci
! sion, enforced by statements in deed
/ y
ersy arose. the finding that this ditcl
was constructed and {. prior approx
i ration of water made through it Il
1857 finds ample support. At first C.
the Twaddle ranch land was plowe
for only a garden and small piece {
grain and but little hay was cut
reasonable time was allowed in viii :,
to extend and complete the use of III
water that would flow through Il
ditch and the quantity Of land irr
gated was increased The lowe
Twaddle ditch was constructed fror
Ophir Creek at some time prior :
1869 and runs to and irrigates tn
eastern portion OF the plaintiffs rant
1t is shown that since that year
. least their lands have been in pract
cally the same state of cultivatic
and irrigation that they were in al II
time of the commencement Of tn
action, and that during that peric
,, plaintiffs used all the water the
, needed from Ophir Creek without i
. terruptior except in 1887. 1898 n
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04

a. = = ~ - - II r. ~ - n
light of reason as applied to the or
binary rules of practice, and give due
weight to the later section. Appar-
entity the object Of this legislation was
to prevent the granting of extensions
and the meddling of judges in cases
which they had not tried or which
were not properly under 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 gone 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 in. open court. Judge Murphy
was merely acting for Judge Curler
during 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 Curier lad 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 entlf.-
ed to the time granted for the pur
pose of enabling them to secure from
the court reporter who had lett th@
State. a transcript of the testimony
given on the trial which would ena
BILE them to properly prepare the state
men,;
tNuer SecltOu 900 JuuSe cuii
could have made an order granting
them the extension at any place il
the State. and as during his absence
Judge Murphy was requested by thu
Court minutes to attend to all bust
ness for him, we conclude that he wa
empowered to make the order at Car
son City as he did. and as Judge Cur
Ter could have done, and that it Wa
not necessary for him to make the tril
TO Reno and undergo the formality o
opening court to enter eX parte order
simply extending time. such as ar
usually made out of court.
The motion to dismiss the appea
from the order overruling the motlo1
for a new trial and to strike out tn
statement is denied.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04

ANNUAL STATEMENT

Of the Liverpool and London and
Globe Insurance Co., Of Liverpool,
England for the year ending Dec.
81, 1905.
Capital paid up in U. S.
Assets .............-S 12,231,94S rs
Liabilities exclusive of CAPT
tai and net surplus 6,972 ,66S 80
income
Premiums ........ 6,S04.856 63
Other sources ....... 4tl SOP SO
Total income 1905. 7,266,459 81
Expenditures
Losses ........... ~,519,143 so
Dividends, none in the L. S.
Other expenditures . 2.277,92O &c
Fire Business 1905
Risks written ....... 99S,746932 90
Premiums thereon -. 1885 69 353
Losses incurred. . 1885, 6O 50
Nevada Business
Risks written .... 553,9S5 90
Premiums received 49,. 1905 81
Losses paid ........ 1855 %
Losses incurred .. S,255 90
GEO II. MOORE, Secy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
OFFICIAL COUNT OF STATE
FUNDS
STATE OF NEVADA.


John Sparks and w. G. Dous-
lass being first duly sworn
say they are members of the
Board of Examiners of the State ct
New, than on the 9th day of Feb "s
they, latter having ascertained frora
the books of the State Controller the
amount of money that should be in
the Treasury made an Official exami-
nation and count Of the money anil
vouchers for money in the State Ire
asury of Nevada and found the same
correct as follows:
Coin 257,242 %
Paid coin vouchers not re-
turned to Controller 4O,911 76
Total 29s.154 .;
State School Fund Securities.
Irredeemable Nevada State
School bond $4,000 90
Mass. State E~~ cent
bonds $4,000 90
Nevada State Bonds EOS 700 90
Mass. State 313 per cent
bonds $4,000 90
UHlIe0 states BONDS Zl5,poo w
Total 1996.S54 &c
w. G. Douglass
John Sparks
Subscribed and sworn before me this
9th day of Feb, A. d. 1906.
j. Doane,
Notary Public, Ormsvy County. New
-%%
Custom suits and overcoats will Ii
sold at reduced prices-and reason
able time given for payment.
No advantage in waiting-put u
your order and receive your good
before Christmas
CHAUNCEY LATTA.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
ANNUAL STATEMENT
OF the Western Assurance Company
of Toronto, Canada.

OF the Western Assurance Company
of Toronto, Canada.
Assets Observation-Disclosures 24567S6 &c
Liabilities, exclusive of CAPT
tai and net surplus. -. 1.707.194 20
Income
Premiums .......... 2,45S,S57 -
Other sources .... 71,45O -
Total income 1905 ... $3.50, 307 II
Expenditures
Losses .......... 1,543.464 o!
Other expenditures $500 S46.145 %
TOtal expenditures 1JO5 z,3S9 500 90
Business 1905
Risks written ......... 3.4O4,2S 95
Losses incurred .. 1,141.43S -
Nevada Business
Risks written ... 1868 90
Premiums received $500. $3.50 50
Losses paid ....... S35 30
Losses Incurred " 1885 30
c. G.. foster, Secty.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
Quarterly Report.
Ormsby County, Nevada.
Receipts.

Filed Feb. l. 1906.
Balane in County Treasury at
end Of last quarter. S4O023 36a9
County licenses. ..1ol %
Gaming licenses ...........l 1857 80
Fee of Co. officers. 81 46
Rent Of county bldg. ........25O ~
Poll taxes ..................b2 o ~
lst Instalment taxes. 1924 Pin
Special school tax. .17lo g1
Slot machine license. .......2S2 90
Cigarette license ............42 81
Semi-Annual Set. State Treas 53l IS
Delinquent taxes. ...........23 S"'A
Sale or morse Il" wy
Sale of pump. ..l3 %
Keep of w. Bowen. .........4o 90
Total 61,o77 sssG
Disbursements.
State tund ..oo'- o. y
General fund. .2732 81
Salary fund ............239 1890 20
Agl Assn Bond Fund. Series
A, 100000 .............. .Z5V w
Agl. Assn. Bond Fund. Series
B $4,000 ...............4O 400 ~
Co. School Fund. Dist. L.. 1888 IS
| Co. School fund, Dist. 2......151 20
! Co. School fund Dist. 3........3 80 10
Co School Fund Dist. 4......24 90
State School fund, Dist. l. 2605 90
State school fund, Dist q. 100 90
State School fund, dist.3 80 20
State School fund, Dist ...l 65 90
Special building ...... $3.50 90
School library, No. 2.....S6 ~
Total 21,sss 59k
Re p.ulstion.
Cash in Treasury October 1905
.4UOlo ooN
Receipts from Oct. LIST to Dec
80, 1905 .21o54 Oo$s
Disbursements from Oct. 1st
to Dec 80, 1905 .2196S 59;s
Balonce cash in County Treas.
January /, 1906. .391OS 775s
H. DIETERICH,
, County Auditor
, Recapitulation
State fund lob IS
: General fund .60l7 O3'A
4 Salary fund ...Z725 70
5 Co. School fund ..........3 24S II
Co School Dist. l, fund. 1888 221a
Co. School Dist 9. fund. -. 139 GA
: Co. School Dist. 3. fund. -. 100 -6,s
{ Co. School Dist. 3, fund. .425 %
y State School Dist. l, fund 1908 90
: State School Dist. ., fund. III 81
State School Dist. 3. fund 81 30
% State School Dist 3, fund. .371 3s
; State School Dist 4, fund. .....19 -
= Agl. Assn. Fund A. $50 S2't
L Agl Assn Fund, B............S6 S6p>
g Agi Assn Fund Special. 1913 81
= CO. School Dist fund special
Id NEUTRALITY-SUSPICIOUS.. 1859 3oA
N Co. School Dist fund /, library
II ............ ........ .loo -
n Co School Dist fund 3, library
~ -
Co. School Dist fund L. library
4. Total sslAs 71A
er H. B. VAN ETTnN
Of County Treasure
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
ANNUAL STATEMENT
Of the Mutual Life Insurance Cor
psny CT New York

Of the Mutual Life Insurance Com.
pany CT New York
Assets s47o, SSH 20
Liabilities ......-.... 47o.S61 T65 90
Income for 1905. . S5.064 992 So
Disbursements 1905
Paid policy holders. 35.643, 1S5 a.
Paid on all other accounts.
l0,ol5.lSl 81
Adjustment Of Real Estate valua-
tions June 80. . 5000, 900 90
Total disbursement =. 55.972 ,967 20
Nevada Business
Number of risks written 81
Amount of risks written and
paid for .............. 1l4,S05 10
Premiums received .... 1920 &c
Losses and claims paid. 1886 L:
Losses and claims incurred 32.4S6 J..
Policies in force Dec. 81, 1905 So
Amt of same .......... 1883 $50 Ou
w. J. EASTON, Secty.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-04
Talbot. j.

We concur:
Fitzgerald, C. J.
NCrcrC
The San Francisco call., 1906-03-25

nonor that hold the player up TO a nlgn
standard of gaming. Indeed, the boys
so resent a foul play that such a thing
rarely happens. These young people, as
they play. are a splendid and encourag-
ing example of what results we may nope
for when our children are shown the ru-
diments of fairness in all things.
To the pessimist who says all children
are rough and bad, I will answer by ask
ing him TO go down to the Franklln
school on Eighth and Harrison streets
some afternoon about O'Clock. The young
animal spirit has full vent in all the
games, but 1 have never seen sign of
meanness or discourtesy. What the child
wishes and is entitled TO he gets there
"a chance to exercise his young body, not
because the school curriculum says It
must be so, but because he wishes to
have a good game.
Not only the children Of the school.
but also the neighborhood children, are
allowed to play in the yard. Miss Noonan
said to me with much pride: why, a
neighborhood boy would no more think of
stealing a schoolyard ball than he would
try to fly" Most boys regard bali as
public property and say finders keepers.
but this is not the case here. Every time
ball flies beyond the confines of the
school yard it is returned by the next
morning. When / asked the policeman on
the beat what he thought Of the plan,
he told me that he never had any trouble
with the boys of the Franklin school.
why. that teacher, Miss Noonan. stays
ier,t xrffh he
-sters and keeps them out of mischief.
Once week they let me know they are
alive, however, and that is on Fridays
when they are turned out into the street
for their play" why is that?' 1 asked.
"Oh. on that afternoon Mr.. Peixotto's s
boys have the yard for drill and the Frank
lin boys have TO do something. l suppose.
That something is often getting into some
mischief that needs my attention"
When the Board of Education realized
how thoroughly practical and possible the
idea was it lent its aid to the scheme.
superintendent Langdon, who is a
hearty supporter of the idea, lent the
weight of his influence and three fine
handball courts were built. This is a very
popular game with the boys, especially
so now that the courts are built away
from the danger of breaking windows.
The problem of breaking windows as a
result Of their play soon came before the
children The expense was divided among
all the children several times. But this
was not right, for the parents of some
children were too poor to pay even lne
necessary penny or two that was required
So the idea of screening all the windows
came into being. That was done, and
The San Francisco call., 1906-03-25
LI THE HIND BILL
LOILRZ

property two-thirds Of the time. There
can be no defense in sending the chill
dren of crowded district out into the
streets for their play. to meet all kinds
of temptation. while the school yards OF
this same neighborhood remain locked
The development OF this same idea
has taken form in the creation OF pub
lie Fairgrounds. where the children OF
a neighborhood may go for their rec
reation and at the same time have In
struction from a well-trained athlete.
Here, too, the children may learn the
rules of their games and fair play. San
Francisco already has such play
ground down on Seventh street. but
she ought to have many more in the
near future.
From the point OF view of usefulness
and healthy benefit to the child. the
school-yard Fairgrounds certainly
come first There he remains under
the rules of the school. and has for
play-fellows. not children from all
quarters, but his own schoolmates- The
fact that he is deprived OF play II he
has been bad in school has Its moral
force.
There is no reason why the useful
The San Francisco call., 1906-03-25

now there is neither expense nor danger
of fying glass from any ball game.
On one of my visits to the school yard
I was talking with Mrs. Wood, the prin-
cipal and a desperately unhappy looking
boy approached and stood waiting, as II
to speak with Mrs Wood She turned
about and said: "No, John, no play to-
dayw And John walked off. the most
wretched and unhappy specimen of youth
/ have ever seen. John had been naughty
and his punishment was mo play" in the
yard after school for a week. Johns ex-
preston told me how great the punish
ment was. Had he not been a boy, 1
know he would have cried. and perhaps
did. when he got out of sight
The four handball courts are awarded,
at recess, to the line of boys who keep
the best order as they march out into the
yard. So. you can see that the whole
scheme is one of pleasure, and incentive
for pleasure, to the school children.
When we find such young woman
as Miss Noonan in school depart
ment we realize that the training of
our young Americans is in safe hands.
1t is not to be expected that many
time and energy for the pure love of
the principle. But the good already
done by Miss Noonan and Mrs. Wood
is sure to be an object lesson to the
community and ought to result in the
providing of salaries for teachers who
will spend the last hours of the after
noon in guiding the play principles of
the school children. Such a teacher
he n I,
children, but such a type as Miss Moo
nan, whom the pupils hate to leave
when the last hour for closing the yard
comes
As direct result of the work of the
Local Council. one other school yard
is now open after study hours. This
is at the jefferson School. but there is
as yet no equipment, except that little
which has been donated by some few
of the women's clubs.
The work goes on slowly but surely.
however, and when San F'ranciscans are
fully aroused to a realization of how
far behind the times they are, they
doubtless will make strenuous effort
to make up for lost time.
If we would have our American
youths developed into responsible citi-
zens and our girls into worthy wives
and mothers we must see to it that the
early education is carefully guided.
The duty of the commonwealth is not
at an end when o'clock comes. The
parents of these children pay taxes
that go toward the support of the pub
lie schools and 1t is not just that they
should be deprived of the use of this same
The San Francisco call., 1906-03-25

Japan no man is so great or so
learned as to treat with indifference the
/ world of flowers. The higher position he
holds the more he is observed to give
his time and thoughts to flowers and their
ways. For 1t is there men of rank. phil
osophers and priests, learned and literary
men, besides ladies of the aristocracy,
incst profoundly study floral arrange
ments and are allowed to practice this
art as likely to inspire gentleness, self-de-
'nial. forgetfulness Of care and spirituality.
Indeed. lifetime is none too long for a
japanese to devote to the subtle meanings
conveyed by flowers and to store up an
appreciation of their respective rank In
his own and nearby lands
In a most subtle way the Japanese are
experts in expressing their thoughts with
flowers. To those starting on a journey.
The San Francisco call., 1906-03-25

thousand times sprinkled with gold. bor-
der of thin mists. shades Of the evening
sun. waves of the morning sun. moons
halo, companion of the moon. snow on
the leaf of the bamboo. starlit night.
golden dew, disheveled hair In morning
sleep. spray capped wave and dawn sky
being a few OF the multitude bespeaking
poetic imagination.
In the arrangement Of chrysanthemums
the Japanese guard against seven faults.
Their stems must not be OF the same
length. a single flower must not turn It's
back or present its full face. the flowers
must not be hidden by leaves. or. should
they be arranged In the way of steps. a
full blown flower should never be placed
at the base of the composition and one
odd one must not be allowed TO fan be-
tween two others alike In color. Three
flowers should not appear to form = trf.
angle
The San Francisco call., 1906-03-25
The Flower F=rc7ers Ct the M7k=do's Realm.

curved from right to left. so that the east
wind may be honored. and naturally when
clear weather is begged reverse order
is employed to appease the west wind.
Sentiment Is fairly embodied in the
naples of Japan. a land where more than
three hundred species are boasted. In
November the coquette sends to her lover
The San Francisco call., 1906-03-25

happiness. When so many beauties are
gathered together at this festival. each
curve. each leaf, each twig having q
distinction and proportion regulated by
the most rigorous and immemorial
principles. there is also a stringing to-
gether OF soft woods which tell the
stranger their respective names-ten
The San Francisco call., 1906-03-25

ically reject from their hierarchy are
the rose and the lily These they re-
gard as crude and unrefined expressions
of nature. and indeed this thought is
expressed in Japan of many other flow
ers ecstatically loved in Great Britain
and this country. The wistaria, mag
nolia, azalea, peach and plum blossom
The San Francisco call., 1906-03-25

and the morning glory may be added to
those already mentioned as especially
holding their attention and favor.
During the kku (chrysanthemum)
festival at Aoyama the flowers petals
are placed in the winecups and passed
around as an insurance OF long life and
The San Francisco call., 1906-03-25
Providing
Fairgrounds for
Children
Of. the City.

HE socialization OF
the public schools is
something OF which
San Franciscans hear
little and think less.
Throughout the East
in such cities as
Boston. New York
and Chicago-the pub
lie long ago came TO
the realization that 1t
was not getting all
the benefits due II
from the taxes paid
to keep up the public
schools. Hence has
come the movement
The San Francisco call., 1906-03-25

flowers that blossom twice in the year are
given. the thought being that a happy
return IS desired. Beside the sick, flowers
OF sturdy (almost rank) growth are placed,
that the invalids thoughts may be turned
to health and vigor. Arrangements that
accompany supplications for rain are