davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-13
as he may deem advisable.

as he may deem advisable.
The legislative act Of February "a,
1909 claws 1909, 377; L. C. L. Sec.
1850 ct seq.) which created the desert
land board, of which the state engi-
neer is member, again accepted the
conditions of the Carey Act and made
further provision for reclaiming the
desert land in this state, and repealed
Sections 1898 to 1898 B. & C. Comp,
above cited. The act of February "a,
1909, known as the Water Code"
Claws 1909, 319; L. C. L. 1894 ct seq)
declares that water rights can only
be acquired as in the act provided;
and creates the offices Of division
superintendents and the board of
control, of which the state engineer
is a member. The first Al sections Of
the act relate to the manner of set
tling disputed rights among water
users and sections 45 to AZ a.. o. L.
Sec. 1924, 6626) relate to the manner
of acquiring water rights and sec
tions 5S and So Il. G. L. Sec, 6622-S)
provide for reservoir permits. Sec
tion 40 provides that any person in
tending to acquire a right to the ben
efcial use Of any waters shall, be-
fore commencing the construction Of
any ditch, make application to the
state engineer for permit to make
the appropriation. By 46 the appli-
cation shall, among other things, set
forth the nature and amount of the
proposed use; If for agricultural pur-
poses it shall give the legal subdivi-
sions of the land and the acreage to
be irrigated: Farmers Irr. Dist. v.
Franck, 70 Neb. 1856; 100 N w. $751;
Section AT, among other things, pro-
vides ut shall be the duty Of the
state engineer to approve all applica-
tions made in proper form which con-
template the application of water to
beneficial use, but when the pro-
posed use conflicts with determined
rights, or is menace to the safety
and welfare of the public, the appli-
cation shall be referred to the board
of control for consideration. 1t shall
be the duty Of the board to enter an
order directing the refusal of such
application, If, after full hearing, the
public interest demands" Section 5S
gives the procedure under a reser-
voir permit, called primary per-
NIT" in which an enumeration of any
lands proposed to be irrigated under
this act shall not be required, but the
parties proposing to apply the water
stored to a beneficial use shall file
an application for a secondary per.
NIT, and provision is made for &C.
quiring title to the water by the user
as appurtenant tc the land irrigated
The right to the beneficial use oi
water to be acquired under the per.
nit applied for under Section 45, e
seq, is not an opportunity to ac.
quire a monopoly of the water of {
stream for promiscuous sale, bu
must contemplate a use upon specific
lands which, when completed undel
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-13

safety and welfare of the public. .
Prior to the examination of
these application, and on March 80
1909, the vacant and unappropriated
lands included in the area described
in these applications were withdrawn
from entry under the public land laws
of the United States by the secretary
of the interior for irrigation by the
state under the Carey Act, or by the
United States under the Reclamation
Act : Such withdrawal was
made at the request of the State Land
Board, by order dated March 2S,
1909"
On September II, 1909, after full
hearing, the Board of Control direct
ed the state engineer to refuse the ap-
plications of the party or parties not
securing final contract with the Des-
ert Land Board for the reclamation of
said lands; and that he approve the
application of the party securing such
contract. Plaintiffs, on Dec, 20,
1909, filed petition in the circuit
court for Marion county, State Of
Oregon, for a writ of review, reciting
in full the facts above mentioned and
the writ was duly issued the same
day. The return to the writ contains
the transcript of the proceedings be-
fore the Board of Control, together
with full transcript of the evidence
produced before the board. At the
hearing upon the return, the circuit
court sustained the writ and directed
the dismissal of the proceeding before
the Board of Control, for the reason,
that it had no jurisdiction of the pro-
ceeding and defendants appeal there
from to this court.
Eakin, G. ]. A writ of review lies
only in cases in which the lower
court, officer or tribunal has exceed
ed its jurisdiction or where it has ex-
ereised its judicial functions errone-
ously and contrary to the course OF
procedure applicable to the matter
before it, Garnsey V. County Court
99 Or. 201. Therefore, the write will
only bring up the record, upon which
the case will be reviewed as to ques-
tions of jurisdiction and errors in
the proceeding. 1t will not review
questions Of fact and has nothing tc
do with the evidence; Smith v. Port
land, 25 Or. 297, 9O1; Douglas County
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-13
A DECISION OF MUCH IMPORTANCE TO THOSE
INTERESTED IN THE WATER APPROPRIATIONS

Road Co. V. County of Douglas, Or.
2Os, 8O3.
The main contention of plainptiffs
is that by the terms of sections 45
and AZ of the Act of 1909 claws 1909,
1892; L. o. L. Sec. 1924, 6627) known
as the Water Code," the person fl
ing application for water right is
entitled to the first right and that the
law is mandatory upon the state en-
gineer to approve it, unless the pro-
posed use is menace to the safety
and welfare of the public, in which
case he must refer it to the board
Of control, and that there is nothing
before him in this case to disclose
any such menace. 1t was upon this
ground that the circuit court sus-
tained the writ.
To comprehend the full meaning of
these two sections of the water code,
it is necessary to review the law re-
lating to the subject. To aid in the
reclamation of desert public land, the
congress of the United States, by the
Act Of August IS, 1894, known as the
Carey Act" (2S Stat L. 422; found
also in Vol. l, L. c. p. 65) and amend
ments of June II, 1896, (29 Stat L.
434), March 8, 1901 (31Stat. L. 1888,
Sec. - and March Is, 1910, authorized
the secretary of the interior to con-
tract with certain states to grant and
patent to the state such desert land,
not exceeding one million acres in
each state, as the state may cause to
be irrigated, reclaimed and occupied
by actual settlers. In 1901 the legis-
lature of Oregon accepted the condi-
tions of this offer and provided that,
upon the application of any person,
desiring to reclaim any desert land,
the state land board should enter
into contract with the secretary of
the interior therefor, and to enter
into such contract as may be neces-
sary to cause the reclamation there
of, with provision for procuring wa
ter therefor and the manner of pro-
cedure: claws 1901, S76; Sec 1888
ct seq. B. & c. Comp.) For the pur-
pose of still further aiding in the
reclamation of arid public lands, the
legislature, on Feb. %, 1905 claws
1905, 401; L. G. L. Sec. 659S) enacted
law for acquiring water for the
reclamation of arid lands; created
the office of state engineer, and gave
him general supervision of all meas
urements and records of appropriation
of waters of the state, and required
him to deliver to the governor before
each session Of the legislature full
report Of the work of his Office with
such recommendations for legislation
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-13

that the time when the construction
is to be begun, or completed, as
stated in the application, is unreason-
able, or II the use is impracticable or
not beneficial, the engineer may deny
the permit; or If it conflicts with de-
termined rights or is menace to
the safety and welfare Of the pablic,
it would be his duty to refer the ap-
plication to the board Of control; and
in determining whether a permit
shall be approved he is not limited
to the recitals in the application. He
may act upon any information he
may have. By Sec. 10 of the Act Of
1906 Claws 1905, 404; L. o. L. Sec.
$500 he is required to make hydro
graphic and topographic surveys and
Investigation of each stream system
and the source of water supply in
the state, and report the same to the
governor, and he is thus in a position
to determine whether an application
will be for beneficial use or wheth.
er any permit applied for would be
menace to the public welfare.
With this understanding Of the
statute upon the subject, and other
facts within the knowledge of the
state engineer, we will proceed to ap.
ply 1t to the conditions in this case
1t appears that since 1901, the state
through the state land board, until
the creation of the Desert Land
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-13
OREGON SUPREME COURT DECISIONS

Full Text Published by Courtesy Turner Reporter OF the
Supreme Court
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
GEORGE PRILO 'FOLTS DEAD
Philanthroplst and One Of the Oldest
Residents Of Herklner, N. ",
Passes Away.

George Philo Folts, wellknown as
a philanthropist, and one of the
oldest residents of Herklmer, N. Y,
is dead at his home in that village,
His philanthropy, joined with the gen
erosity of his late wife, who was
Elizabeth NJ. Smell, caused the estab-
lishment of Folts Mission institute, To-
Gated in Herkimer, which was pre-
scented In 1898 to the Women's For
eign Missionary society and the name
of which is wellknown throughout the
United States.
Now that death has claimed Mr..
Folts the mansion occupied by him
comes into the possession Of the insti
tute. Mr.. Folts was long identified
with the Remington Paper company
o. Watertown.
He maintained an office in New
York in the interests of the company
and had many acquaintances in the
metropolis. He was married three
times, his last wife being Miss Mary
De Haven of New York, who sur
wives.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
WIFE SECURES DIVORCE
Decree Has Been Granted Mrs. Boot!
Harrington From kuthor-Husband.

Indianapolis, Nov. IA. - With the
failure of the prospect of bringini
about a reconciliation between Mr.
and Mrs. Booth Harrington, the pend
ing divorce case of the wife was hur
riedly called in the superior court ant
after a short statement from Mrs
Harrington. the divorce was granted
and decree will be entered at once
Mrs. Harrington said it was a diff
ference between her and Mr.. Tarking
tons temperament, resulting from
long habit and that she had nc
charges to make that would in am
way reflect upon her husbands integ
rity.
Mr.. Harrington was not in court.
The decree of the court provides
that Mr.. Harrington shall have hi:
child one month out of each year ant
also have the privilege of seeing the
child at any time the court may set
The decree reads that the court il;
satisfied that the plaintiff has beer
fully compensated in regard to ali
mony.
Mrs. Harrington did not ask for ali
mony in her complaint.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Saturday.

Howard Pyle, American author,
died in Florence, Italy.
The Italians, through the embassy
here, defended atrocities in Tripoli as
reprisals.
Consuls in Tientsin refused to per-
nit rebel troops to enter the inter-
dicted territory, and the city re-
mained loyal.
II was stated in Chicago that the
estate lett by John r. Walsh, the par
doned banker and fnancier, would not
exceed s125,OOO; he was at one time
reputed to be worth $27,00O,0O0.
Governor Dix, at Utica, n Y, ex-
pressed surprise at the result of the
recent election; he said that profita-
bic legislation would be continued
and that an effort would be made to
carry out the principles of the plat
form.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Thursday,

The Nobel prize for chemistry was
awarded to Nine. Curie of Paris.
General WI Lu Cheng, governor of
the Shen 81 province, was assassinat-
ed in his tent by 80 Manchus.
A run on the Stepney branch of the
National Penny bank, London, was ac-
companied by exciting scenes.
John Smith, for 80 years presiding
patriarch of the Mormon church, died
at Salt Lake City of pneumonia.
The Rev. Mr.. Lambert, who mar
ried Colonel Astor and Miss Force,
has resigned because of the criticism
of other clergymen.
The Portuguese government, at the
instigation OF England, decided to en-
large its navy; a revolt among the
natives of Angola, in Western Africa
was reported from Lisbon.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
RAILROADS DOING WELL
Central's President Also Says Busi
ness Conditions Are Very Good.


New York, Nov. 14.-President w
c. Brown OF the New York Central
has got back from an inspection trip
over the lines of the company. Mr.
Brown said that he had found all
the lines in first class shape; that IS
in as fully good condition as they
have ever been at this time of the
year. He observed also that the
weather was favorable for the rapid
husking of the corn crop. Winter
wheat had never looked better.
The Central itself has every car In
service and could fill many more cars
with freight If it bad them. In DC.
tober the system handled 26,536 more
loaded cars than it had ever done in
any previous month.
an the West" said Mr.. Brown,
there is some evidence Of lull in
business, but general business condi-
tions are good and indications point
to a continuance of a fair normal
business. There is some uneasniess
In labor circles in the West, but an
ticipate no trouble. | believe the otn'
er departments of railroad labor will
see the wisdom OF the action of the
trainmen taken at their recent meet
ing at indianapolis, where 1t was de.
cided that present conditions would
not justify a demand for an increase
in wages"
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
ROMANTIC GIRLS ESCAPADE
Dressed In Beggar's Clothes In ordeI
to Experience Life Among the
Lower Classes

Berlin, Nov. IA 17-year-old girl
dressed in beggar's clothes, was found
in st. Hedwig's Roman Catholic
church here yesterday. In answer tc
questions she told one of the priests
a fantastic story Of how she had been
decoyed from Nice and forced by her
mother to lead an improper life.
1t now turns out that the girl is the
Countess Elsie Fink Won Finkstein OF
Hessen.Winkel, one of the oldest AMI
most aristocratic families of the Marx
Brandenburg, near Berlin. The girl Is
well educated and speaks French and
English fluenrly as well as German,
She fed from home under the infu.
ence of romance reading In order 10
experience life among the lower
classes.
The young woman is now in the
care of the railroad mission for girls.
Her family declare that she has nj
ways been visionary and hysterical.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Fricay.

Hankow was reported to have been
two-thirds destroyed by fire.
The Socialists made notable gains
in all parts of the country in Tues
days election.
Complete returns for the state as
sembly showed that 1O1 Republicans,
As Democrats and 1 Socialist had
been elected.
Robert L. Davie, the boy broker,
of Boston, was sentenced to five
years in the house of correction aft
er pleading guilty to 100 counts in an
Indictment for embezzlement.
Henry Clay Beattie, Jr., was re-
moved to the Virginia state peni-
tontiary, where he will be put to
death on Nov 27, for the murder of
his wife if the courts sentence is not
stayed.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Monday.

Nine were killed and 100000 dam
age done in Rock county, Wis, by a
,windstorm.
King George and Queen Mary left
Portsmouth Saturday in the cruiser
Medina for India.
President Taft, ending his long
journey, left Knoxville, Tenn, for
Washington.
Important developments We're
promised by the Chicago police in the
Vermilya poisoning case.
Three persons were reported killed
and so hurt by a cyclone that demol-
ished the principal buildings in Vir-
glnia, III.
The Arabs were reported to have
made overtures to the Tunisian ma
tives, with a view to beginning holy
war.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
FIND SCULP1RESS ON FARM
Wealthy Women TO Aid Rustic Chill
Who Modelled Remarkable Group
Out Of Butter.

Visitors to the recent Brooks coun
ty fair at Quitman, Ga, have be
come convinced that they have dis
covered a genius in the person o
Miss Lucy Emerson, daughter OF II
f. Emerson, a well.to-do farmer Of tn,
county Miss Emerson exhibited sew
eral pounds Of butter, modelled into
group-a COW and calf recumbent-
as perfect and expressive as life II
self. The horns OF the mother COW
the ears set forward in listening at
titude; the sleeping calf with its earl
laid back--even in these details tn,
work was true to life.
The girl was churning when neigh
bcrs suggested that she take her but
ter to the fair. Taking it out Of tn,
churn, she worked the water out o!
it and modelled It in 30 minutes. ShS
was awarded first prize.
A number of philantropic womeE
have arranged to give the glrl-sht
is only ia chance to develop hei
remarkable talent.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
ALLEGED ROBBERS ARRESTE
Charged With Hold Up Clerks In ar
Ogdensburg Coal Office.

Thomas Bough and Jack Snyder
the two young men, who with Henry
Rappelye, are said by the police t
be the men who held up and robbed
the clerks in the Ogdensburg IN y
Coal & Towing company's office there
and who eluded the officers, were cap
tured aboard boat about to leave
for Prescott, Canada.
Rappelye was captured last Friday
The others came back from the woods
and slept in barn on the outskirts
Of the city
All three prisoners were arraigneC
in the recorders court, charged witt
robberyin the first degree, the pen
atty for which is % years. The po
lice have been in pursuit of Bougt
and Snyder since Wednesday ant
were aided by bloodhound.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
ERIE TRAIN KILLS TWO
Couple Struck While Crossing
Tracks In Binding Snowstorm.

Mr.. and Mrs. Lorenzo Dewey Of RAN
dolph Were on Their Way to Visit
Their Daughter When the Fatality
occurred-Train Was Running al
High Speed and Both Were Instant
ly Killed-other News Of General
Interest.
Mr.. and Mrs. Lorenzo Dewey OF
Randolph, N. Y, were killed by Erie
train No. 7, westbound, while crossing
the Erie railroad at WATERFORD on
their way to Kennedy to take dinner
with their daughter, Mrs. Percy
BRYANT, whose husband is operator in
the Erie station at Kennedy.
A binding snowstorm obstructed
the view of the Deweys, so that while
they doubtless heard the train they
could not see it and were unware OF
its dangerous proximity. The fireman
on the train says he saw them hurry
ing the horse In the effort to get
across
The train was running at high
speed, but stopped at once. Both Mr..
and Mrs. Dewey had been instantly
killed.
The bodies were taken to a neigh
boring house, and then to Undertaken
ID. A. Danielson's establishment in
Kennedy.
Both husband and wife were be.
tween so and so years of age. They
lived on farm three miles west OF
Randolph, Oh the road towards Ken.
nedy. Mrs. Dewey was an adopted
sister Of Chairman Egburt f. Wood.
bury Of tue state tax commission.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Tuesday,.

Justice Kellogg ruled that William
Rarnes, Jr must answer the senate
committees questions or go to Jail,
A cable dispatch says that 100000
is offered for the head of General
Chang Hsun in order to restore peace
at Marking.
A dispatch from Chicago said sew
en- men We're reported missing in Sa.-
urday nights storm on Lake Michi-
gan.
The Postal Telegraph company
won its fight against the Western
Union companys extra charge on
transfer messages.
c. p. Rodgers, ocean.to-ocean avi-
ator. fell 100 feet into ploughed
field hall way between Los Angeles
aud Long Beach, a short distance
from his goal; he escaped with a bad
shaking up; his machine was
wrecked.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
Searching For Yeegmen.

A squad Of federal detectives is aid
ing the Cayuga county authorities iu
the search for the yeggmen who rob.
bed the postofiice at Union Springs. a
posse gave battle to several strangers
rounded up near Union Springs, but
the quarry when captured after a
fight proved to be tramps. 1t is now
known that the yeggs got away with
$1,000 in money and stamps.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
NO EVIDENCE or MURDER
Inquest at Addison; Three Lives Los
When THOMPSON Hsme Burned.

Coroner Herbert B. Smith held Al
inquest at Addison, N. Y, into thu
deaths of Mr.. and Mrs. Walter Tomp
kins and their 13.year-old son las
week Sunday night when they were
consumed within the walls of theil
burning house. Although there have
been rumors afloat that the members
OF the household had been murdered
before the fire, no testimony to SUP
port the theory was given at the in
quest.
Coroner Smith examined IL wit
nesses, most of whom we're neighbori
OF the Tompkinses. Their testimon!
tended TO establish the fact that the
house caught fire from an overheatet
stove. The coroner will hold open the
Inquest for few days pending pos
sible developments.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
"Bloody Trail" Made by catsup.

Visions Of Black Hand murder
mystery confronted John Reed, a rail-
road employe at Albion, Orleans
county, when a crimson line marked
the passage Of trunk he was drag
ging to baggage truck. In expecta-
tion Of disclosing dismembered
corpse, Reed opened the trunk and
found an overturned pail of tomato
catsup that a woman employe of a
local canning factory was smuggling
away with her clothing.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
GERMANY TO BUILD
OCEAN WATERWAY.
Plan Is Backed by the Kaiser
as Rival TO Panama Canal.

London, Nov. 1.-THE Globe Is au
thority for the statement that German
capitalists, backed by the German
government and with the personal
goodwill and sympathy of the kaiser
are planning to build an ocean water
way as a rival to the Panama canal.
The route favored is presumably
the one via the San Juan river and
Lake Nicaragua in the republic OF
Nicaragua.
If this report is correct it will in
volve direct claim by Germany on
the United States for recognition for
the formers right to a permanent
foothold on American soil several
hundred miles nearer the United
States than the Panama canal itself
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
ITALIANS WARSHIPS SIGHTED
Are Preparing to Swoop Down on
Turkeys Possessions In
Aegean Sea.

Constantinople. Nov. 14.-The act
ing governor of Smyrna has telegraph
ed that 80 Italian warships of vari-
Gus types have been sighted off the
island of Carpathus, which is north
east of Crete
Turkey has notified the powers
through their ambassador that in the
event of Italian aggression in the
Aegean sea the porte will be com.
PEELED to eXpel all Italians from
Turkey.
It is reported here that On Italian
aeroplane which has been doing scout
work about Tripoli has been de-
stroyed by the fire from the Turkish
artillery.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
FOREST COUNTY OFFICERS.


Member of C0ngress-P. M. Speer.
Member of Se7ldte-J. X. p. Hall.
AsSentbLy-W. j. Campbell.
President Jildge-W. d. Hinckley.
Associate Jitdges-P. @. Hill, Samuel
Aul.
Prothonotary, Register q Recorder, &c.
j. @. Geist,
Sheri6-S. r. Maxwell.
Tredstirer-Geo. w. Holeman.
Commissioners II. Harrison, j.
M. Zuendel, II. II. Mcclellan.
District Attorney-N. A. CarrinRer.
Jury Commissioners Sibble,
Lewis Wagner.
Coroner-Dr. NJ. @ Kerr.
County AUDITORS George Fl. Warden,
A. @. Gregg and j. p. Kelly.
County Sltrveyor-D. W. Clark.
County S,tperintendent-J. o. Carson.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1911-11-15
DOG SAVES MASTERS LIFE
Barking Arouses Wife, Who Finds
Contractor Unconscious az Bot
tom of Embankmnet.

Wilmington, Del, Nov. 14.--His pet
dog saved from death Joel D. Finley,
a contractor, who was found at the
bottom of a 2O.foot embankment.
Mr.. Finley, when in sight of his
home, had fallen down the incline,
landing on a pile of stones, where he
lay unconscious.
His dog ran to the house and
aroused the occupants by loud bark
ing. Then seizing Mrs. Finley's dress,
the animal led the way to the EN-.
bankment Mr.. Finley was removed
to the Delaware hospital with a frac-
tured skull and badly injured spine.
lie is still unconscious.