Omaha Daily Bee Newspaper, November 29, 1900, Page 9

MBER 29, 1900 that ft was estopped to ask relief enjoining the plaintift from diverting the water There was also an allegation in the peti- tlon that the mill owners wore threatening to tear out the plaintif's dam. (This the triends of Mr. Hall subsequently did.) The plaintff prayed for an order re- stralning the defendants from interfering with the plaintift’s use of its dam and inlot ditch and fts means of diverting water sssssscces cessseccecB@ooe e ) [ THE GENERAL MANAGER’S CONTRIBUTION. By HAMILTON P. FAIRM PosossssccssssessssscscssePoocescsssscsses (Copyright, 1909, by H. P. Falrman.) We had been cn the road something over THE OMAHA DAILY BEE: THURSDAY T i ine o ot e ok i e | IRRIGATION IV~ NEBRASKA bees would crawl in order to escape. Dut | sprinkied on the floor of the box over which the bees passed was a large quan- tity of flour. The bees, all sticky with honey, would coat themselves liberally with flour and then stagger out of the box and fly away homo, looking like white milier moths. Mr. Utter would have a bunck of Facts in the Oase Recently Decided by the State Supreme Oourt. DOCTRINE OF RIPARIAN RIGHTS UPHELD Wiy, Relief for the Gentler Sex * Mother’s Friend’” is a special fiiend during the nine \rylnp{mnmhs before childbirth. It is asimple liniment of marvelous power, and, by its relaxation of the muscles, allays all nervousness, re« licves distressing headaches, cramps and nausea, « LT LT bis eyes flashed and he reached across the desk for his key. \ week in an oficial private car. The| * ‘Hello, Dobbs, he called. witnesses on hand and they would follow isPiysiion ek OF ADPY 4. 14, vt a8 It Is a klossing In a Bottlo, robbing “ ‘Keep out, Plily, I'm too bu came | easlly the white bees until they could see " rrigation act of Apr! confinement of all its pain, msiness part of the trip was over and the |, - reply. them fly Into the hives in J. W.'s back Legal Review of s Question of Great | It assumes to confer judicial powers upon Mother's Friend " s 301 by all re possible deuggt 1231 81,00 per everal officials gave themselves up (0| Bijjy settied back into a chair with a|yard. Thus was the identity of the bee Importance to in the the State Board of Irrigation, shall ;«' m}:o:‘ml‘t‘!:'::vy\n‘/;t“"eu(p:fl'-""‘”\'""{;4“ y express prepaid dny: wards, checkers, storles and other amuse- | sigh of rellef. His clbows rested on the | thieves accurately determined, and the Semi-Arld Reglon — Past declared to be in c.”"m", '\'"‘" :‘ ',,,‘; ANE WRADVIELD REG O OO A ments during the return journey. Nearly [arme of the chair and he folded his hands | prospects of thelr owner being able to es- Legtsintion Annulled, comstitution of the state of Nebraska an CCON, for relief I* in front of his face. Slowly the color re- turned t) his face. He seemed half asleep At the first lull of the sounder, however, he svery one present had related some thrill- ing adventure which haa occurred to him or come within his notice, but the general the fourteenth amendment to the constitu- tion of the United States of America.” Plaintift also alleged in the petition that tablish an alibl for them removed. Two hundred and fifty dollars have al- ready been spent by Kentucky Iitigants The citizens of Crawford desired to bring 1) desire to gain wealth and glory in the mploy of a raliroad and drifted into the here are various preparations used to ald digestion, somo help digest starch, others and had no right to maintain their dams. elp digest albumen, but Kopor, Dvarepsia Of The plainttft claimed that the irrigati; court of the state of Nebraska that the doctrine of riparian rights is still in force Dobbs as he could not do on any of the tendered to Lyons 40 cents in payment, Fest of us. Not a single man on the road Lyons demanded 40 cents more and refused knew the divislon as Dobbs did. Every Inch of grade the length of every siding, how many curs were standing on the sid- mercantile business and may be living yet for all T know. “Dobbs returned the next day and after to let Strickland money was pald land won the case, but Lyons took an appéal take his horse until the In the lower court Strick- act of 1877 and the subsequent act of 158 and the act of 1895 had changed the law of riparfan rights, so that the owner of the in this state, notwithstanding all the legls- | laticn upon the subject of irrigation. A | perusal of the body of the opinion would y reached for the key agaln over two hogs worth $10. Trigg Moore and | water down through their ditch for do. | there was not enough watet i b g manager. He had done little in the way Hello, Dobbs, where aro you™ he asked. | Wil Erwin, two farmers living near Stotts- | mestic use and also for irrigation and|for domestic purposes and irrisaticn 4G of entertainment and had joined but re- Down the line avaye.’ came the reply. | ville, Ky., got Into n dispute as to thelr | manufacturing. I Jude, 1691, ono of their | to run. the sald mille, and the platnf servedly In the laughter which some of tho | \fyyy pyqrick, Billy, don't worry, ‘every | ownership. A suit for (ho recovery of the | bumber mado a fling for a water right |praved that the mill owners, | £ 16 MW tales aroused. As we cressed the Missis-| o pe0 4y tyrning, but No. 12. Where was | hogs was instituted by Moore at Galnes- | and begam the construction of the ditch.|have any rights yh.,m‘q be .’u:xl‘.‘. L " sipp! Into Illinois he In some manner got |y .., ville and a verdict gained. This suit cost (The ditch was commenced Just above tho | rights secoud to the clalm o TRl possession of a magazine which held WIS | oy wnow, Off the sheet.’ $100. Erwin appealed to the quarterly | Fort Robiuson military reservation and jt|and that if it should b found that the Ind U attentlon for some time. Finally he tossed Il find her. Goodby, Billy,' replied the | court and two more lawsults were had,|Was necessary to comstruct It across the | mill owners had veated rl e tho that 1t upon the table and observed incorrigible Dobbe, both jurles disagrecing, and the two sults | reservation in order to reach the vi W L Ll ML Ll their / Well, they may talk all they want f0| ‘e heard him (raco her from station|costing $160. Both litigants aro doter- |Shortly after the work was begun it wae o Jury ehould be empancled to assoss theww Heflnblfl' bout dispatchers, but 1n all my €xicrl | (o station until he found she had left Mar- | mined to fight the case to the end, and the | Interrupted by the officer in command of | damages and that the Stdify th the BkE | l ences 1 have scen but one man who flled | gran ot o 40 11 was then 11 o'clock. North strugglo In the courts over those two $10 | the post, because no license hud been ob adjudged ratably and accord m\; ”l 'y., .. L | . the bill in every particular. He was th® | rgy Marghall there was no night operator | porkers s llable to continue for a long | talned from the secretary of war to cross | fits conferred on the i L '(', peitid Belch man whom Old Foxey couldn’t fire Undel) jor thirty miles. Ho called the man at|time if it does not terminate, as the neigh- | the reservation. Subsequently the license | thoge vho diverted the water for ag any consideration. That man was Dobbe" | peiniaviiie. bors fear it will, In a bitter feud that may | Was obtained and the work proceeded and | cul el s he went on, knocking the ashes off B8 |l Ty o N, 127 ooRt Hotiething besldes Mote) & compuny was organized und ‘the canal Sylinbus of the Court. clgar. ‘‘He's general manager of the Q-F * *No," was the reply. From New York Is reported a lawsult that | Was 8o far constructed that water was| fThe second, third and fourth points of the our system now." y * ‘Go out and sce If you can see her|originated in a fight over a plate of hash. |turned into it in April, 1590 syllabus prepared by the court are as fol- | “Dobbs always was a roilroad man. He| oo "8 O 0 Lawyer Michael Duffy appeared as com- | An action was brought in the district | jows began with the shovel wh J\_vy bullt the ‘'No, she aln't in sight’ came mext.|complaint In court agalnst Bdward Reuter, [ court of Dawes county for the purpose of 2. Where the invalid portion of an act K. C. division of the B. | C., and when |opy O S8 S0 who owns a restaurant. Reuter says Dufty | adjudicating White river—that is, deter-|formed en inducement to the passage of 1 met him we came tog. uer In the dis-| . Gyuen, Conductor. Extra south. ate a plate of hash and did not pay for it. | mining the order in which those claiming | the residue the whole act falls patcher's office. ~ He worked the second | w.feayvg train at Princeville—take engine [ Dufty said that Reuter did not ask for pay, | water rights would be entitied to divert| 3 One cannot successfully rely upon a DIZZ trick and I tried the third, But with alt|ang crew, look for No. 12 south of Prince- | but seemed o want to get satisfact'on out of | OF Use tho water. All persuns who had [ statuto when he at the same time insiots | of his abllity he was a pecullar cuss and | yjjj, way the next order. | his hide, as the restaurant keeper reached | filed claims under the act of 1850 with the at & material portion thercof Is un- | is today. He never cared whether he| No 12 was found about halt way be- |over without warning and struck him over | county clerks and all who claimed rights | constitutional, where it is obvious that the | Sick worked six, elght or fourteen hours. 1Iiweq the two stations with & crippled en- | the head with a chalr leg. under the act of 1895 by filing clafms with | part claimed to be invalid formed an in- | S could relleve him whenever I chose, It Was | gin. The w were chasing about the W. E. Lyons of Iola, Kan., has already | the secretary of the State Board of Irriga- | ducement for the p e of the remainder. | | or over thirteen years T suffered from the dreadful 11 one to him. When I put n an appear- \jjuge iike mad men in search of the agent 1§06 V- et vpl) 1 o8ty | tion and all who clalmed the right to use | 4. Chapter 93a, Compiled Statutes of 1897, malady known as” Dyspepels, In my case it took the ! . |V at. | epent $20 to recover 40 cents, and will spend | {1on and all who clalm . | P Al s form of neuralgin of the stomuch with all its multitorm ance he would say something lke this: | fui he was not found, over $40 more before the final disposition of | the Water In any way were mado partles |did u i abrogate the common law rights of troubies and weonien ‘Yiried eversihing thutcfered el Hiad o nold 17 at Minden can't get 8| I looked at the dispatcher. Ho was |the caso now pending is made. T. I\ Strick- | defendant. The plaintiff alleged priority | riparian owners as they theretofore ex- PR D e e sty Lo deate b BOre ae: o on the slding at Blair—twlll lay her out |yeieep this time and no mistake. Patter- |land, the defendant, had a horse pastured | Of FIht over all the its. Two mill | lsted in this state. Dothing 1 tank did e iy permanent good, Finaily & 6 minutes—be good to her agalnst 24—24 | ., ot ke a man in a stupor, his head | in Lyons' pasture lot. He pald for two|OWners wero included with the other de-| The last polut above cited, belng In the m.r;f}mlun 5 u? give %onm. Dnnr?u Cure Is light,' and take his hat and leave the |popi forward till his chin rested on his | months' pasturage, but did not take his|fendants. The plaintiff alleged that these | syliabus, is binding upon the court, under ] tral nh:fln;:“g-:mm [ el 4R 5.0 office. white shirt front. I woke the dispatcher |horse away when he intended, owing to|MIs Were private mills and not for the | the decislon rendcred fu Holliday agalust a1t o e cad § Yelioe: ‘The dispatcher, a man named Marshall, | 3,4 we carried him away to the hotel. He | gickness. The horse remained three days|U%® Of the public and that they had not | Brown, 34 Neb, 232 From this point we a :ho :Ia: lln M-dm‘: . hlooll many YEA'S | munaged to pull through, but he had 108t | longer fn Lyons' lot, for which Striekland | Instituted ad quod damnum proceedings | gather that it 1s the view of the supreme o - g0, had learned that he could rely o g § W {s the only preparation T B S e omEunely relluces "}‘n:fin':?y';:fl‘ t It instantly relle a1l atomach roubles, 6ven after everything eise s fal . " entitled o | seem to le o same clusion, It ings, and In fact every detall of the road |y, "“’u‘“" ‘)“"“ Yd"h the fl\frvl'rlnleludenl fe- |and now it will be tried by a Jury fn the ?;:k:ull)ll How of l‘:mxnlt;:n'||'t“\?ln"|u':hm::|\ EHeretor '1";‘:( we l«hr‘unh chare 1o 80 power It can’t 'l"P but do you UW"' b | turned to his ol lace. 'he on remar] low o he s 0 £ erefore follo W and trainmen was catalogued in his mind | ,i"pil 1 U8 O8RS place the inuom. f;“‘rrm .‘;‘“"n' it ':” take a day at least| .o iceq It was claimed by the plaintiff | upon the part of the owner of any ditch to Prepared by E.C. DoW!tt & Oo., Chioago. 800. and wottio He knew what engineers ho could depend |y Tia® 15 he SO0k Bis bl Y the case. and ‘the cost of the Jury % iy " qoctrine If riparlan rights was | divert the water rom any creek or river ) The large size contains 2% times the small aize, upon to make up lost time; just what could | “* yn OOF Patterson. alone will be $24. “‘Where have you been, quired the dispatcher. *‘Just away on a short wedding trip, Dobbs?” in- abrogated by the passage of the first act, in 1877, as to all lands belonging to the United States. In 1866 the congress of the United fn the stato for the purposes of irrigation The doctrine of riparian rights is that the owner of th. banks of the stream is en- be expected of each and every crew. “‘He always called the dispatcher Bllly with an easy, assured famlillarity. 1 re- The amount involved In a lawsult at Guth- rle, Okl, was even less than that of the Lyons sult for 40 cents, Two citizens of " v o | titled to the full flow of the water in its | was the reply. GULIIE K66 &t MW over 8 States passed an act which recognized the - “GUPIDENE® member one day that ‘Billy’ was figuring ey, d ver § cents. The de- sople of a state to take the | hatural channel, through his premises, un- ¥, out & meeting point for a long local freight ‘;’ ';“;"""d ]"‘“ he was telling the | fendant won the first sult, but the judge :\!::‘:ru:u‘r:\eln‘: u-Yplnn Jands of the United | diminished fn quantity and unimpared in M‘&,N,Ho.,ouc m§.:l..-9m Ex-l?m'm"&:‘.';.l o sgainst number 4, the limited. Dobs was | Sy He had fallen In 16ve with a girl | ruled that the $48 costs should be shared by | grates and to use the same for agriculture | quality. The concluston Is that the owner 0t diseaaba of Lo <11 (Ve OrEanA & mnhuol, insemais, tooking over his shonlder when he finished I;‘u::.-: .ymd:wlwn ‘nzfl:zz ;:yfl::k"o:end‘; :olh parties to the suit. Now the plaintiff| o mining and manufacturing purposes. | of any tract of land in the state of Ne- in the Back, Neiwinm TL..'"".: me, e, the order, ¢ 3 his monthly pllgrimages bad been to this| At snurp.muwr. et W This act also authorized the protection of | braska, however small, 1s entltled to m: Toutopslt lossea by dag'or iighi, erevints quicknessof duchny -§ v ‘Never do, Billy. You'll lay out No. 4 | piloo ™ 0n (hiy particular trip he had gone hrOUEHE: valt a:-."“i pos ‘c‘ ¢ m'l“'i' ‘E" such rights existing by local customs. The | full flow ;’f the vater in ';" ;"l""{;” channe liver, the kidueys asd Le uriuary orgaus of ail upuriies CU ! areafibens ol v octio] —' enever, b prio; y of | b AP 2l s | 0 e vitbout i jon, | “ghell have to stay where she Is, then, [FOm® With him. Sho atterwards told me the | was wearing and which was ruined by greass | possession. iahts o the use of warns tor| 177 the purposes of Irrigation he may be Eranima v enand oty et 645 th 00 ok ¢I6ct & permABent Curs. §1.00 bes#80r 2 ' | story. on the floor of el P IBI00, TAENE x ate ' 8 e ¥ wall. Bend for ¥k ofreniar and testimuzliis, returned the dispatcher, crumpling th v of a street car ~wned by the de- | mining, agricultural, manufacturing or | €0joined by the owner of the land. If the e DA VOL M EBLUINE Con . 6. %0z 2776, San Francisco, Cai Sedariin Hia tand » " ‘You see, she sald, ‘Bob wasn't tho | fendant company, and on waich the plaintift P 5 youngest fellow in the world and he was afrald of being what he calls ‘‘guye it the men at the ofMce knew about it. He actually used to hide when the trains went through. You see the night we were mar- ried I managed to forget something at the depot and we went back together to get it. While we were there he discovered what trouble the new man was in and he helped bim out. He worked hard, for he bad to re- member everything, having no time to make a train sheet. Things went pretty easy after he found 12. That worried him a grist deal. When he was in a hurry 1 0. K'd. the orders over No. 5.' " And that was the ‘sum total of ‘the G. B.'s contribution to our entertainment dur- ing the entire trip. ourt shal’ continue to maintain this view it means the end of irrigation in Nebraska. Common Law Rights. Chief Justice Norval, in his opinion, says: “We must conclude that whether this act 1s, or is not, in derogation of any consti- tuticnal provision, the suit could not have been maintained, insofar as it sought to adjudicate the rights of the parties to the waters of this stream, unless the common law: rights of riparian owners to an unin- terrupted flow of the water of a Stream thrcugh or past their realty does not ob- taln in this state. It is conceded that It the common law principles, applicable to riparian proprietors, exists, then Hall had the right, at least by prescription, to the full flow of the watar of this stream into other purposes have vested and acerued and the same are recognized and acknowl- edged by the local customs, laws and de- cislons of courts the possessors and owners of such vested rights shall be maintained and protected In the same and the right of way for the construction of ditches canals for the purposes herein spocif acknowledged and confirmed.” Afterwards, this act of congress was amended by section 17 of the act of July 9, 1870, so that patents granted for public lands should be subject to “vested and crued water rights, or richis to ditch and reservolrs used 1 canuection with such water rights as may have been acquircd under, or recognized by the ninth section of the act, of which this is amendatory." ““Lay her out thirty minutes,” replied Dobbs. ‘Let's see. She's pulling twenty- ‘ three loads and twenty-one empties—fve scrapiron. Let her leave ten emptles and ' the scrapiron at Flat Creek and pick up the empties at Birden. Scrapiron aln't perishable. Jones'll pull her over all right and Burns' crew will handle the cars.' And he went on whistling. Not another man on the division woL.d have dared even to criticise ‘Blily," let alone dictate orders to him. ‘ “But that wasn't what I started to tell about. Dobbs, with all his good qualities, bad one very bad fault. About once & moGth he would absent himself from the office one or two and sometimes three days. He seldom sald anything to any one, but was a passenger, FOR SALD DY MYERS-DILLON LRUG CO. 16TH AND FARNAM. — WHERE THE SUN IS MOVING. Orb of Day and the Planets Traveling Toward the Apex. More than a century ago, says Popular Sclence Monthiy, Sir Willlam Herschel was able to fix roughly what we call the apex of the sun's way In space, or the point among the stars toward which that way 1s directed. Herschel found that a com- parison of old stellar observations seemed to indicate that the stars in a certaln part of the sky were opening out, as it were, and that the constellations in the opposite part of the heavens, seemed to be drawing in, or becoming smaller. There BREVITY IS THE SOUL OF WIT.” GOOD WIFE! YOU NEED SAPOLIO and 1 18 can be but one reasonable explanation of | 16 Stat. C. 235, Sec. 17, his millpond. But it is contended that this flmma%gflmflm% would simply board No. 9 and pull out. this. We must be moving toward that| Plaintiff contended that this was an in- |common law doctrine s not in force here; He invariably returned on No. 4. LONG DRAWN-OUT LAWSUITS, part of the sky where the stars are sepa- | vitation to the several states (o appropriate, first, because it is not applicable to condi- “On these occasious 1 was usually tra: rating. Just so a man watching a regiment | by custom, or by legislative enactment, the tions that obtain in this jurisdiction, and r F “d Of Knowled e fered to his trick and a new man put in|Disputes About Trifles Plle Up Exe|of soldiers approaching will see at first | running water on .the public lands of the |sccond, because it was abrogated by the my place. penses in the Courts. only a confused body of men. But as they | United States. |1aw of 1877. To the first argument we & 1 1 “Well, one day In January, just as the | Exchanges have of late told the storles { come nearer the individual soldfers will Irrigation Legislation. |acswer that this court has a number of fce began to come down from the north at |0f mavy queer lawsuits. It seems tnere : seem to separate until at length each one 1s seen distinct from all the others. Herschel fixed the position of the apex at a point in the constellation Hercules. The most recent investigations of New- comb, published only a few months h bave, on the whole, verified Herschel's | times approved and recognized the common |law rule relative to the rights of riparian ovners. Clark vs. Cambridge, 45 Neb. 793; the rate of from ten to twenty extra trains & day, & messenger came for me to report in Dobbs' place. When I arived the office the division superiniendent and the dispatcher were just finishing what had evi- dently been an animated conversation, are to be found in every community people who are only too ready ut the silghtest ty to rush lnto court with their even though if they were to win their suit the bills of their lawyers would mcre than equal any money compensa- This state, In 1877, ac ted this offer of the general government, by the passage of the foliowiug act, contained In the Com- | g ‘ : the Com- | Giil vs, Leidigh, 40th Neb. 503; Eidmiller piled Statutes of 1881, at page 169: “Sec.|yeo Co, vs, Guthrie, 42 Neb, 238, and has 168. Any corporation, organized under the | n”aou“that that is the proper rule. Nor laws of this state, for the purpose of con- is not complete. No man, however studious, how- ever great his attainments, however extensive his infor- mation, but is more or less dependent on his books. Every reader, every student, every searcher afte |can we understand how the ‘act of 1871 knowledge, depends a great deal on his dictionary. In He's the best man that ever worked |tlon the courts might award them. In |conclusions. Later investigators have in. |®tTUCUIDE and operating canals for irriga- | (sections 47, 48, chapter xviv, a, Compiled P st' 4 P b & e ts comnlets w‘ith’ont it 8 wire out of this office—or any other, for |the majority of the cases reported the |creascd the precislon of our knowledgo, | bomion & ur,bOWer PUIPOSES, or both WY | Statutes 1507), In any degree elther re act, no study, no home ry P! that matter,’ the dispatcher was ying. |question of money reimbursement is not acquire a right of way over or upon any until we can now say that the present di- rectlon of the solar motion 1s known within very marrow limits. A tiny circle might be drawn on the sky, to which an astrona- mer might point his hand and say: Yonder little circle contalns the goal toward which the sun and planets are hastening today, Even the speed of this motion has been £ubj ected to measurement and found to be about ten miles per second. 5 The objective point and the rate of mo- tlon thus stated, exact sclence holds her peace. Here genuine knowledge stops, and we proceed further only by the aid of that tmagination which men of sclence need to curh at every moment. But let no one think that the sun will ever reach the so-called apex. To do 8o would remean cosmic motion on a stralght line, while every consideration of celes- tial mechanies points to motion on a curve. When shall we turn sufficlently upon that | pealed or modified the common law rule ‘When he's here there isn't the first thing b | relating to riparian rights.” to worry about!’ | “‘Yes, I know, but when he isn't here | there's enough to worry six men, for you mever know when he's golng or what time ) he's coming back. Put Patterson in for the third trick and keep an eye on him for & day or two. When Dobbs comes back send him to me,’ and the great man stalked out of the office, “‘It's all up with Dobbs, I guess,’ re- marked the dispatcher as he gave me a hurried word picture as to how the trains were running at that moment. “Extras north, extras south, extras in one, two and three sections. It was cer- talnly the most nerve-trylng day that 1 sver had put in. I managed to get through with little discredit, however, and turned the devision over to young Patterson In tatrly good shape. He got through all right #0 much considered as 1s the desire to win by a favorable decision of the courts a moral triumph over the other side. But In other cases the plalntiffs In law- sults are after money. They comsider that they have been cruelly wronged and they want to make the people who wronged them “sweat for It.” For instance, there is the case of John Bunch, who is sulng the town of La Pl near Macon, Ga. Mr. Bunch was arrested on the 22d day of last August and incarcerated In the calaboose of La Plata. While he was in jull a swarm of ‘honeybees, mistaking John's face for a red clever patch, alighted upon It and when he tried to brush them away the honey- bees retallated upon Mr. Bunch by stinging kim several dozen (lmes. Mr. Bunch swelled up so from the offects of the bee stings that he could not be carried out of the door of the jail and a section of the good dictionary. The latest and best is The Standard No dictionary has received so much praise from the people—scholars, students, teachers, professors and the people. An opportunity is offered the people to procure a Standard Dictionary for $7.00 lands for the necessary construction of s canal, Including dams, reservoirs, and all | The effect of the decislon would seem to other necessary adjuncis to sald canal, In|pe to wipe out all legislation upon the the same manner as rallioad cOrporations | gubject of Irrigation and to Armly estab- may now acquire right of way for the con- | Jjel; the doctrine of riparian rights. struction of rallroads, and the provisions A Rt 7 of law applicable to acquiring right of way FRectoatcthe Haolson: by railroad corporations are hereby de- clared to be applicable to corporations, for the construction of canals for irrigation, or water power purposes, or both, “Sec. 159. Canals constructed for irrigat- ing or water power purposes, or both, are hereby declared to be works of internal im. provement, and all laws applicable to works of internal improvement are hereby de- ed to be applicable to such cauals” It was contended by plaintiff that these sec- tlons, by mecessary implication, yecognized the right of the people to divert the water from running streams for the While the court dpes not decide that that | pertion of the act which provides for the | creation of the State Board of Irrigation is | unconstitutional, because in derogation of | section 1 of article vi of the constitution, it | strongly hints at it. It says: *Without deciding that that portion of the act is 1\mumslllulhmnl, we will assume Its in- | validity for the purposes of this case, for a cursory examination of the act will con- vince anyone that the Board of Irrigation was one of the inducements to its passage [ and 1t fs so interwoven with the whole act | as to make it impossible to declare this purpose of | poptjon thercot invalid, without also affect~ This low price places the book within the reach of so and everything seemed to be working | W91l Of the calaboose had to be removed | curve to detect its bending? It is a prob. | IFFTIEation, and that as the right to divert | lng the destriction of the remainder of the H i Shcaitle: to admit of the carrying to the hospital | lem that we must leave as & rich (.| the water and apply it to irrigation could many that a discussion of the merits of the book seems in vain. But here are some of the opinions: R. D. Blackmore, the English Navel- of the lacerated victim of the bee-lynch- ing. Mr. Bunch was labored with for sev- eral days by doctors, who long dvspaired of his life. He says that being locked up |nct.”” The existence or non-existence of the |borrd wou1d seem to be immaterial, as there will be nothing for it to do, if the doctrine | of riparian rights prevails ““The next night 1 took a run down to the junction to see a friend there. Our wires all came into that office, and I listened to Patterson as he recled off orders by the heritance to generatious that are to fol- low us. The visionary theorist's notion of A great central sun, controlling our own sun's way in space must bo dismissed as not exist at the same time as the right of the owner of the banks of the stream to have the full flow of the water through his premises, that the doctrine of ripa The Christian Cynosure, Chicago: of the streams of the state until the state B s R P T A ey e Tl tst: “The Standard Dictionary is most “It is difficult to speak adequately yard. 1 could tell that ho was somewhat | 'D the la Plata calaboose, as he was on|far too daring. But for such a central | "'&hts had been abrogated by these sections. | may be diverted from any of the running comprebensive and correct.'” of this great work without seeming nervous, but thought It was only stage (DAt fatal day in August, he had no op-|sun we may substituto a central centor of | Theso sections recognized the right to con- | niriame of Meheasne nnin it nas penn o Willlam Black, me Scotch Novelist: to be extravagaut. fright. But fnstead of regaining his com. | POTtUBItY to escape from the terrible on- | gravity, belonging to a great system of | Btruct canals for irrigation, or water power | domned and taken under logielation vet to “Admirably comprebensive and exact The Interior, Chicago: “It was & sure ho kept getting more rattled than |S/AVERt of the honeybees and that therc- | which our sun is but an insignificant mem- | PUrposes, and necessarily implted the right | he passed. It was the AoE R e A Conan Doyle, the Eminent Eng- stroke of genius to give a full cat- B i T hoand tuns s SHe | tore” the town 1 morally and financially | ber. Then we reach a conception that has | {0 Il them with water, and the right to | defendant, Hall, that there was no publ lsh Novelst, London: It bas alog, for example, of the same of h k % | responsible for the assault, lost nothing in the grandeur of Its sim- | B the canal with water carried with it in White rivi 4 become quite a joko with ue that we every (ool and of every device em- ticked off to him: AR Bl eht i ke e 3 ater in White river, nor, Indeed, in * ‘First and second sections of extra south plelty and 18 yet in accord with the proba- and second section of extra nor:h and firs the right to take the ater out of the cresk cannot trip up this dictionary. W ported from Amity, Y ployed by the carpenter; to gi Orange county, ) g, : : : : . % FOFHas fos n ! o v H‘ bilities of sober mechanical sclence. We | OF the river, and it the water was taken | board should so declde. and this contention "“"mh;::n’: (lnm; bvenr-ulr: ’;_n.t We the name ’ol "l.” ;_::- x:‘l the ;ut oL L + M, |10 this town ilve two brothers, W. cease to be a lonely world and stretch out | Out of the creek, or the river, it could not | of the defendant ave been sus bt v Y0 L WATE: Sgii0 varistios of apple. . The editors have B o e T Ordor o | Utter ang J. W. Utter, who, in upite of the | tho bondo of & common relationship o |Tun through the matural chanmel on 1o |crihe defeadant seems to have been sus ALz Rawig Stuaidi. A obls pisoe | fOrReitaR ROEIAE.© 1) M M hals 0 Apd, W [name of their beautiful village, ure not | yonder stors within the firman premises of the man who claimed to own | As there Is probably no stream in the oF work. \amtlned te be mont Wetul | and erarining WoeraigRe; iea ey ad managed to get all those trains at |jiving n accord. The plaintift, W. H the Danks of 1hie stseam | P Everywhere coplous, erudite, hand upon it lNitle one-horse station without & Wreck | Uyer, has 4,000 peach trecs, while his RUSSTA'S MOV ; ; state (hat does not run through some and reliable.” The Tribune, New Yor A was a wouder to me, brother, whose place adjolns, has about g Contgution of Platntie., [bedwa 1and, U follows that (hete Is no Englueer and Iron Trades Adver- comparison with the Ceatury Dics "I grabbed my hat and flew Weross the | thg wanie number of busy honeybees, The | COFFespondent Who Sees Therin m | As the law passed by the legislaturs of |S(PAM I the state without having tiser, Glasgow, Scotland: “Taken al- (ionary leads to the inference that town for the ofice. When I got there I|jlaintift in the cace alleges that hig| ,Pee41¥ Pertl (o English Bupire, | this state took effect 1n 1877 it was elaimes | 1P FIon prooriet s on ts banks, and, theres t w Patterson sitting at the key white as 18 She yall of mystery that has hung so | lonz over the land of Thibet and its Lamas to be at last swept aside and Lhasa to be entered In the itinerary of the commereclal traveler for Manchester textiles? It would certainly seem 8o from the recen together, the sum total fs, the Stand- ard Dictionary is without a pee Youths' Companion: Edward wood, Managing Editor: “We have brother's bees, following the injunction to “gather your sweetness while you may,” come over into his orchard and damage his ripening fruit by drilling, boring, mak- fore, there {8 no stream In the state carry | ing water which may be diverted from Its channel for irrigation. by the plaintiff that the passage of this law was notice to any one who might settle upon the public lands of the United States | in Nebraska after that date that he took the Stundard Dictionary bas m de distiuct advance in corta n fields, ... The new dictionary is rich in terms pecullar to occultism and ghost. He was sending an order ‘No. 49 take siding at Rollins to meet No. 4—' h. was saylng. Some one broke him and said, ‘0, h--; Rollins siding wont hold balf of 49 X, Slavin D O A akient nolected the Stailard as the d(ction- oriental religions.’” ing, constructing and otherwlso causing |of a correspondent, says the London k. | ‘e 1and, if located upon the bunks of a| prFRALO Nov 28 sequence of ary for the use of our proof-reader 18wy Congregationalist, Bostom: _“..1: fi’fiu“' to back two miles 1o get | aumoroun and sundry holes in the peaches | Proay. o saya: | " frankly admit that | LcAM: Sublect (o the right of uny persou | the etorm. grain han heen accumulating in his own room.” vkt CoMrwmssiomallet, | Bosions over the hill.’ and by stinging, sapplug and sipping his | e at | above him, who might see fit to do so, to|the ror d o o e The Times-Democrat, New Orlean: 4 3 a in its secret, steal ; . Wly of e tv-three boat 3 1 glanced at the traln shest. It was|frult to cause it to rot and otherwise to |tolen a march upon us .n'd'-'«?gnn':’..om'f take water out of the stream and use It | 10 hyrhor walting 1o unioad. oLt &¢I Wk s34 a8 honcr e our s0NRiE in a hopeless jumble. Some of the trains PR LR LR “He who has the Standard at his el bow to retsr te for the meaming, pro- or derivatien of a word, or for its compounds, synonyms, an- perish while still banging upon the bough and to the great financial loss of the sald W. H. Utter,” and for which ho brings his sult for heavy damages. The government of Indla, by its ostenta: tlous “neglect of all quesilons beyond the northern frontier of the pentnsula, has con- tributed to Russia’s success. When ft al- lowed its agent at Kashgar, George Ma- for Irrigation purposes. Hall, the mill owner, in whose favor the declsion of the supreme court is rendered, entered upon public land of the Uniied had not been recorded for two hours—had jumped clean off the earth, so to speak. The dispatcher came In on a run at that moment The Western Druggist, Chicage: “Americans have just reasons to feel proud of this achievement. ed It At Kas Gea or phrase use, will Dever The Christian Sec ““The man who broke Patterson now had [ In previous years J. W. Utter, the owner | {ietRI¥. 1o be completely overahadowed by | States In 1884, seven years ufter the pas- nother dictionary to help him 4 he Ry ot Vi v the wire hot. Orders were flying in rapid |of the predatory bees, has refused to listen | {t mighni have Khomn thee MHumit Oy [ 'eago of this act, and 1t was clalmed by the succession. The dispatcher reached for the [to the yaints of his brother, saying that never rest satisfled until its influence wag [ PIAIDUN that Mr. Hall knew when he key and broke in. ‘Wh—' ‘Keep out— I'm |the bees busy,’ came back the reply. He then glanced at the train sheet. One glance was sufficient. “‘Where's 127" he gasped. “‘Patterson only shook his hesd. No. 12 was a passenger. The dispatcher then turned to me 1 shook my head also. “The sounder was rattling at a great rate. ‘Repeat on No. 5, heard ticked off ‘Five's busy.' 'Take it anyhow,' came back the quick reply. Five was a commerclal wire. “To our astonishment the order was re- peated and O. K'd over b, while another was being sent over the dispatcher's wire. 1 looked over across the room at the dis patcher. His features were drawn and wrinkled and a cold sweat seemed to stand out on his brow. A whiter man I never expect to see. He was listening Intently to the nstruments. Suddenly his face relaxed, that were robbing orchard were wicked bees that belonged to other hives than his. He said his bees were honest bees and that they were far too intelligent and trustworthy to go know- ingly in broad daylight and plllage the orchard of their owner's only and dearly- beloved brother. The owner of the peach orchard this year prepared a simple device to prove that it was the bees belonging to his brother that rutned his peach crop. Mr. Utter would walt until several hundred bees were feast- ing on some of his lusclous fruit. Then he would cautiously approach them with a wire gauze sack which he would cl: wer them, making the Insects pr Then the next step was to libere he hees into & box in which there was a dish f honev, on which they were permitted to feed until they thought they had enough plunder to carry bome to thelr owa hives. the latter's supreme throughout Chinese Turkistan and from the time of General Prefevalsky it has never concealed its ambition to plerce the Thibetan myste “Confident n the security supposed to be conferred by the Himalayas the government of India has remained Indifferent to the schemes imputed to Russla; now that they have made a step in the direction of reali. zatlon It may, perhaps, see reason to ro- View the situation."” Eighteen months ago an accredited Rus- slan mission entered Lhasa. This {s not al- together 8o extraordinary us the result, for ‘g0 supreme and secluded a potentate as the Dalal Lama" has been induced to send a return mission, which was recently pre- sented to the czar at Livadia, The writer, after suming up the dangers of allowing Russia to get o firm footing us on our Indfan frontier, concludes: "he success of Russia 1n establishing some sort of diplomatic relations with the Dalal Lama reveals all 1ts perilous possibilities at & flash. We are not going to allow an Abyssinia to be created at the gates of Bengal, or the fallure of Hunza to be obliterated n a triumph at Lhasa.' And with this most thinking people wili agree. settled upon the land and bullt his will that the water in White river was' likely to be diverted and used for either domestic or irrigation purposes, because of this law, and that he, Mr. Hall, could get no vested right which would entitle him to a perpetual use of the water, as against those who settled above him, and who might con struct ditches for the purpose of irrigating thelr farms and for the supply of water #or domestic purposes to those who might scttie in villages. The plaintiff, in its petition, asked the court, If it should determine (hat the mill owners had vested rights, to allow them to pay any damages which the mill owners might sustain by reason of the diversion of the water. The plaintif also alleged that the mill owners had stood by and allowed it to inves mwore than $40,000 {n the construction of 1% diteh for irvigation without objection, and Orangeine immediately relieves the depressed feeling, compels nerves, nomzc&and liver {z‘:{ act nnnlmluy—' opens the pores, brings a n o rgsl(ul llel:?)—mlhel K‘ou (e‘al all right in the morning, Full directions for grip, beadache, colds, nervousness and many other ills in every package. Orangeins is sold by draggists ly B ey T (e (ORANGEINE CHEMICAL CO., Chicage, 1L, THE STANDARD has a vocabulary of 300,000 words. The Century 225,000, Webster's 125,000, Worces- ter’s 105,000. THE STANDARD was prodaced at a cost of a mil- lion dollars, THE STANDARD will bear comparison with any other dictionary because there is nothing omitted. THE STANDARD contains the best definitions from the most eminent scholars of the day. Step into the store and see the work. Megeath Stationery Co. 1309 Farnam Street. % : : g ] R : % # ™