anaheim-gazette 1902-12-18

Anaheim VOLUME XXXIII. THE GREATEST OF SENSIBLE GIFTS AT GREAT DECEMBER More for your money than any other how offers or your money back. More style, more variety, more value, more satisfaction. WOMEN'S TAILOR MADE SUITS Ladies' tailor made $10.00 suits at $6.67 Ladies' tailor made $12.50 suits at $8.87 Ladies' tailor made $15.00 suits at $10.00 Ladies' tailor made $17.50 suits at $11.37 Ladies' tailor made $18.00 suits at $12.00 The above prices are for all suits, whether colored or black. We have them in grays, castor, blue, brown and black. SHOES Men's satin calf Bals., $1.25 and $1.50 goods, (plain toe and tips) now... $1.00 Men's satin calf Bals., $2.00 goods, now 1.50 Men's vici kid Bals., $2.50 goods, now 2.00 Ladies' Dong patent tip, lace, $2.00 goods, now... 1.50 Ladies' vici kid, button and lace, $2.50 goods, now... 2.00 Ladies vici kid, button, kid top, $3.00 goods, now... 2.50 Ladies' black and tan golf shoes, $2.75 goods, now... 2.00 Misses' kid shoes, lace, 1½ to 2, $1.50 goods, now... 1.00 HOSIERY UNDERWEAR Women's seamless fast black hose, 3 pairs for.... Better grade—heavier—2 pairs for... Infants' all-wool hose, per pair..... Odds and ends in Misses' all-wool hose, per pair..... Ladies' heavy fleece lined ribbed underwear, in ecu and natural—vests and pants, worth 25c, now... Better grades of above at.... All lines of ladies' and children's underwear at greatly reduced price. DRESS GOODS AND SILKS 52-in. zibaline in navy, bright blue and black, per yard.... 46-in- all-wool whipcords and fancy basket weaves, in all the leading shades, at per yard.... 54-in. extra heavy all-wool golf suitings in tan mixed, green mixed, gray and black, $1.50 goods cut to... 48-in. Melrose, 4 shades, elegant $1.50 goods, for.... 52-in. Venetian cloth, $1.50 goods for... SHOES Men's satin calf Bals., $1.25 and $1.50 goods, (plain toe and tips) now... $1.00 Men's satin calf Bals., $2.00 goods, now 1.50 Men's viel kid Bals., $2.50 goods, now 2.00 Ladies' Dong, patent tip, lace, $2.00 goods, now... 1.50 Ladies' vici kid, button and lace, $2.50 goods, now... 2.00 Ladies vici kid, button, kid top, $3.00 goods, now... 2.50 Ladies' black and tan golf shoes, $2.75 goods, now... 2.00 Misses' kid shoes, lace, 1½ to 2, $1.50 goods, now... 1.00 Misses' vesting top, lace, 1½ to 2, $1.50 goods, now... 1.00 Infants' moccasins, assorted colors... 20c Infants' soft soles, assorted colors... 35c Children's hand-turned, red, button, sizes 2 to 5, 75c and 85c goods, now... 50c Children's hand-turned, black, patent tip, sizes 2 to 5, 75c and 85c goods, now... 50c Children's vesting top, lace, sizes 5 to 8, 85c goods... 60c REINHAUS BROTHERS BIG DEPARTMENT CITY MEAT MARKET F. W. Fleischmann, PROPRIETOR. Beat Meats the Market Affords Always on Hand. Also keeps on hand Sausages, Bacon, Ham, Lard, Etc. Meats delivered to all parts of the city free of charge. Boston Bakery FRESH BREAD, PIES AND CAKES. Ice Cream and Confectionery S. Kistler, Proprietor J.M.Griffith Company A CORPORATION LUMBER DEALERS Near Railroad Depot, Anaheim, keep constantly on hand Doors, Blinds, Windows Mouldings, Posts, Shakes, Shingles, Lath, Hair Plaster of Paris. JOSEPH BACKS, Undertaker and Embalmer DEALER IN Furniture and Bedding Repairing Done. F. BACKS, UNDERTAKER And Dealer in FURNITURE. Wall Paper, Cornices, Window Shades, Picture Frames, Upholstery Goods, Paints, Oils and Glass Sewing Machine Supplies, Ett Cor. Los Angeles & Chartres Sts. C. G. McKinley Los Angeles street, Anaheim Dealer in Hay, Grain, Wood, Coal, Illuminating and Lubricating Oils SEEDS Agent Fancher Creek Nurseries. Citrus and Deciduous Fruit Trees, SHRUBS, ETC. Call and get prices. Wilbur's and Grant's Animal Foods DR. F. H. HOUCK DENTIST. OFFICE NEXT DOOR to P.O. (Federman Block, up stairs.) HOURS 9 to 5. ANAHEIM DRESS GOODS AND SILKS 52-in. zibaline in navy, bright blue and black, per yard... 46-in. all-wool whippoards and fancy basket weaves in all the leading shades at per yard... 54-in. extra heavy all-wool golf suitings in tan mixed, green mixed, gray and black; $1.50 goods cut to... 48-in. Melrose; 4 shades; elegant $1.50 goods; for... 52-in. Venetian cloth; $1.50 goods for Full line of black and white fancy Moire silks for waists at... Fancy Moire silks in black, white cream, gray and jasper; per yard.. Black and white fancy taffeta silk per yard.. Full line Japanese silks; all colors at per yard.. Big line of satins in all colors; at per yard... PRIVATE HOSPITAL Cor. Union Avenue and 23d street, Los Angeles Beer on Tap ANAHEIM SUBSCRIBE FOR THE J.M. Griffith Company A CORPORATION LUMBER DEALERS Near Railroad Depot, Anaheim, keep constantly on hand Doors, Blinds, Windows Mouldings, Posts, Shakes, shingles, Lath, Hair Plaster of Paris. C. F. GRIM. Agent. JOSEPH BACKS, Undertaker and Embalmer DEALER IN Furniture and Bedding Repairing Done. je15 RAILWAY TIME TABLE. Time of Arrival and Departure of Trains. SOUTHERN PACIFIC RAILROAD. Trains on the Southern Pacific pass Anaheim as follows: To Los Angeles. From Los Angeles. Daily...7:52 am Daily...9:49 am Daily...4:22 pm Daily...6:06 pm Pass Loara Station: To Los Angeles. From Los Angeles. Daily...7:56 am Daily...9:45 am Daily...4:27 pm Daily...5:59 pm LOS ALAMITOS TRAINS. Leave Anaheim—Arrive Anaheim— 9:35 am 8:00 am 2:07 pm 11:37 am 5:50 pm 4:30 pm Daily except Sunday. TUSTIN BRANCH. Leave Anaheim Arrive Anaheim 9:49 a.m. 4:22 p.m. Daily except Sunday. NEWPORT BEACH RAILWAY. Daily Schedule. Leave Anaheim Arrive Anaheim 9:49 a.m. 7:52 a.m. 6:08 p.m. 4:23 p.m. All trains connect at Santa Ana with Newport trains. Santa Fe Time Table Effective June 1, 1902. Trains on the Santa Fe Route leave Anaheim for points named as follows: To Los Angeles—7:55 am 9:37 am *11:49 am; 5:05 pm To San Diego—9:35 a.m.*3:07 pm. To Redlands—*11:31 am. To Riverside and San Bernardino—*11:31 am; 5:54 pm. To San Jacinto, Perris, Temecula and Elsinore*11:31 am. To Santa Ana—9:35 am; *3:07 pm.; 5:54 pm. To Pasadena and Azusa—7:55 am; 9:57 am; *11:49 am; 5:05 pm. To Escondido—*3:07 pm. To Fallbrook—*9:35 am. To Redondo—7:55 am; 9:57 am; *11:49 am. To Chicago, Denver, Kansas City and all points East—5:05 pm; 5:54 pm. Trains marked with a * are daily except Sunday. All others daily. J.H. CLABAUGH. Agent. DR. F. H. HOUCK DENTIST. OFFICE NEXT DOOR to P.O. (Federman Block, up stairs.) HOURS 9 to 5. ANAHEIM CAL. HERBERT JOHNSTON, M.D. PHYSICIAN AND SURGEON. Office and Residence: Corner of Broadway and Los Angeles St., Telephone 656.... Office Hours 9 a.m. to 10 a.m. 3:30 p.m. to 5 p.m. 7 p.m. to 8 p.m., evenings. Dr. A. W. Bickford OFFICE OPPOSITE POSTOFFICE. Telephone Central. Residence near Christian Church. Telephone 101. ANAHEIM, CAL. West, Bell & Tipton--Attorneys&Counselors-at-law HELMSEN BLOCK Center St. - ANAHEIM, Cal W. P. Turner, Pharmacist DRUGS, MEDICINES, Perfumes and Toilet Articles. BEST 5-CENT CIGAR IN TOWN MEDICAL HALL, KOLL BLOCK. PUBLIC TELEPHONE FFICE. ANAHEIM, CALIFORNIA, THURSDAY, DECEMBER 18, 1902. BEST OF ALL LIFTS AT THE MEMBER SALE AN any other house More style, more satisfaction. SIERY DERWEAR Men's seamless fast black hose, 25c for... 25c grade—heavier—2 pairs for... All-wool cashmere and and hose for... 23c All-wool hose, per pair ... 5c Ends in Misses' all-wool per pair ... 10c Heavy fleece lined ribbed wear, in ecuu and natural— and pants, worth 25c, now... 16c Grades of above at... 23c Ladies' and children's wool wear at greatly reduced prices. ESS GOODS AND SILKS Bibaline in navy, bright blue black, per yard... 88c All-wool whipcords and fancy weaves, in all the leadhades, at per yard... 73c Extra heavy all-wool golf suitin tan mixed, green mixed, and black, $1.50 goods cut to... $1.13 Melrose, 4 shades, elegant goods, for... 1.23 Venetian cloth, $1.50 goods for 1.13 CLOTHING Men's all-wool fancy cheviot suits, regular price $7.50 sale price.....$5.98 Men's all-wool fancy cheviot suits, regular price $8.50, sale price.....$6.73 Men's all-wool fancy cheviot JUDGE BLEDSOE DENIES FULLER'S NONSUIT Decision on Law Points in the Riverside Water Case Wholly Favoring Local Water Companies Judge Benj. F. Bledsoe of San Bernardino, who is trying the case of the Abshelm Union Water company and the Santa Ana Valley Irrigation company vs. O. B. Fuller et al., has rendered a decision, in denying defendant's motion for a nonsuit, in every way favorable to plaintiffs, who may be said to have won a great victory. The decision cuts the last vestige of ground from under Fuller and all other would-be water grabbers, the learned judge holding that this water is the property of the valley irrigators and cannot be taken from them any more than their orchards or their homes. The decision is probably the most luminous in the history of litigation of this sort in the state. It will be remembered that when last year the water companies sought to procure a temporary injunction restraining Fuller from taking this water, Judge Noyes of Riverside county denied the application. The case is still on trial this week on the introduction of Fuller's testimony. POINTS IN THE CASE. The action is one to restrain the defendants from diverting water from the Santa Ana river onto lands which the plaintiffs claim are non-riparian to that stream. The claim of plaintiffs, briefly stated, is that they are the owners of the Durkee ranch bordering on the Santa Ana river; that the defendants are owners of land bordering on the same stream, but above the lands of plaintiffs, and in addition to the lands owned by defendants which are conceded to be riparian to the river, they also own contiguous lands which plaintiffs claim are not riparian to the river, but are riparian to Mill creek. It is these alleged non-riparian lands which it is sought to restrain defendant, and those lands are entitled protection as much as any other which they might have, in so far proceeding is concerned. The tiffs might be considered as not any land which lies north of the line which has been introduced to dence. In other words, in the ceeding the plaintiffs are entitled come into court and seek proof for lands which are riparian. Non-riparian need not be considered all. As to the main proposition added by defendant, that he is entitled make beneficial use of the waters the Santa Ana river on the lands lie west and northwest of the cree mea as shown on plaintiff's exhibit 1. I do not think the show he is making beneficial use there is no testimony that it is a formal use, but I have assumed for purpose of this motion the use of defendants is a beneficial use contention is that he is entitled make beneficial use of the waters the Santa Ana river diverted through the Fuller ditch, because use will not interfere with any which has been shown to be made by the plaintiffs on the lands of the kee ranch. The evidence so far favors the lands of the defendant, which lie west and northwest of line a-b on plaintiff's exhibit 1 to my mind, non-riparian lands. are outside of the watershed of Santa Ana river, do not drain in Santa Ana river, and in fact drainage of those lands is away from the river and into Mill creek flows into the Santa Ana river; the riparian lands of the place Now I know of no decision in this argument—which has held me said there were none cited to this argument—which has held me said to even intimate that a ripe owner on the river may take from the river for use on non-river lands belonging to him. The common law doctrine, of course, that a lower riparian provision ESS GOODS AND SILKS albaine in navy, bright blue black, per yard... 88c all-wool whippords and fancy weaves, in all the lead-shades, at per yard... 73c extra heavy all-wool golf suit-tan mixed, green mixed, and black, $1.50 goods cut to. $1.13 Melrose, 4 shades, elegant goods, for... 1.23 Venetian cloth, $1.50 goods for 1.13 one of black and white fancy silks for waists at... 1.25 Moire silks in black, white, gray and jasper, per yard... 1.00 and white fancy taffeta silk, yard... 1.00 Japanese silks, all colors, per yard... 29c one of satins, in all colors, at yard... 43c CLOTHING Men's all-wool fancy cheviot suits, regular price $7.50 sale price... $5.98 Men's all-wool fancy cheviot suits, regular price $8.50 sale price... $6.73 Men's all-wool fancy cheviot suits, regular price $10.00 sale price... $7.49 Men's all-wool fancy cheviot and worsted suits, regular price $15.00, sale price $12.45 OVERCOATS All-wool English covert, castor color... $7.35 All other overcoats proportionately cheap. OTHERS' MENT SANTA ANA PRIVATE HOSPITAL OF DR. J. T. STEWART Union Avenue and 23d street, Los Angeles. Open Nov. 1, 1902. Strictly first-class and upto-date. The Wines, Liquors Cigars THE PEERLESS A. FUHRBERG, Proprietor Angeles Beer on Tap AHEIM California UBSCRIBE FOR THE ANAHEIM GAZETTE the Santa Ana river onto lands which the plaintiffs claim are non-riparian to that stream. The claim of plaintiffs, briefly stated, is that they are the owners of the Durkee ranch bordering on the Santa Ana river; that the defendants are owners of land bordering on the same stream, but above the lands of plaintiffs, and in addition to the lands owned by defendants which are conceded to be riparian to the river, they also own contiguous lands which plaintiffs claim are not riparian to the river, but are riparian to Mill creek. It is these alleged non-riparian lands which it is sought to restrain defendant from frigating. The case has been on trial for two weeks in the superior court of Riverside before Judge Bledsoe of San Bernardino, sitting for Julie Noyes. After the plaintiffs had introduced their testimony and rested their case, the defendants moved for a nonsuit, and after an argument by various counsel which consumed two days, Judge Bledsoe denied the motion, and in so doing rendered an opinion which is said by attorneys interested to be the most charistic, lucid and correct exposition of the law governing riparian rights ever rendered from the bench—all the more remarkable from the fact that it was given extemporaneously and without notes. It is a valuable contribution to the writings on this subject, and we are fortunate to be able to present the opinion as taken by the court reporter. JUDGE BLEDSOE'S DECISION. Judge Bledsoe said: Since the adjournment on last evening I have attempted to consider all of the various arguments advanced in this case both by plaintiffs and the defendants, and I must say before entering upon a discussion of the points involved, that I could not have wished for any more light to be thrown upon it by the arguments of counsel. It seems to have been gone over very thoroughly and every proposition sustaining either one of the contentions has been advanced, it seems to me, in a way that enables the court to view the situation in the best light possible. The court is very much impressed with the argument which has been advanced here, that in this arid region the policy of the court should be to permit waters to be used in such a way as to be of the most benefit to the greater number. It would seem as if the desert should be made to blossom as a rose if it is possible; and where it is possible that should be done, and should be done by such persons as may be in a position to do it, and who may own the land which can be made thus to blossom at all times and whenever possible as long as they do not interfere with the rights of other parties. I think it should be the endeavor of all of us to construe the laws as to permit the use of waters with which we are blessed by the greatest number and in the best possible manner for all concerned. There are one or two features in the case, however, which I will notice preliminarily before continuing that part of the discussion. It has been suggested that the proof shows that Santa Ana river onto lands which the plaintiffs claim are non-riparian to that stream. The claim of plaintiffs, briefly stated, is that they are the owners of the Durkee ranch bordering on the Santa Ana river; that the defendants are owners of land bordering on the same stream, but above the lands of plaintiffs, and in addition to the lands owned by defendants which are conceded to be riparian to the river, they also own contiguous lands which plaintiffs claim are not riparian to the river, but are riparian to Mill creek. It is these alleged non-riparian lands which it is sought to restrain defendant from frigating. The case has been on trial for two weeks in the superior court of Riverside before Judge Bledsoe of San Bernardino, sitting for Julie Noyes. After the plaintiffs had introduced their testimony and rested their case, the defendants moved for a nonsuit, and after an argument by various counsel which consumed two days, Judge Bledsoe denied the motion, and in so doing rendered an opinion which is said by attorneys interested to be the most charistic, lucid and correct exposition of the law governing riparian rights everrendered from the bench—all the more remarkable from the fact that it was given extemporaneously and without notes. It is a valuable contribution to the writings on this subject, and we are fortunate to be able to present the opinion as taken by the court reporter. JUDGE BLEDSOE'S DECISION. Judge Bledsoe said: Since the adjournment on last evening I have attempted to consider all of the various arguments advanced in this case both by plaintiffs and the defendants, and I must say before entering upon a discussion of the points involved, that I could not have wished for any more light to be thrown upon it by the arguments of counsel. It seems to have been gone over very thoroughly and every proposition sustaining either one of the contentions has been advanced, it seems to me, in a way that enables the court to view the situation in the best light possible. The court is very much impressed with the argument which has been advanced here, that in this arid region the policy of the court should be to permit waters to be used in such a way as to be of the most benefit to the greater number. It would seem as if the desert should be made to blossom as a rose if it is possible; and where it is possible that should be done, and should be done by such persons as may be in a position to do it, and who may own the land which can be made thus to blossom at all times and whenever possible as long as they do not interfere with the rights of other parties. I think it should be the endeavor of all of us to construne the laws as to permit the use of waters with which we are blessed by the greatest number and in the best possible manner for all concerned. There are one or two features in the case, however, which I will notice preliminarily before continuing that part of the discussion. It has been suggested that the proof shows that Santa Ana river onto lands which the plaintiffs claim are non-riparian to that stream. The claim of plaintiffs, briefly stated, is that they are the owners of the Durkee ranch bordering on the Santa Ana river; that the defendants are owners of land bordering on the same stream, but above the lands of plaintiffs, and in addition to the lands owned by defendants which are conceded to be riparian to the river, they also own contiguous lands which plaintiffs claim are not riparian to the river, but are riparian to Mill creek. It is these alleged non-riparian lands which it is sought to restrain defendant from frigating. The case has been on trial for two weeks in the superior court of Riverside before Judge Bledsoe of San Bernardino, sitting for Julie Noyes. After the plaintiffs had introduced their testimony and rested their case, the defendants moved for a nonsuit, and after an argument by various counsel which consumed two days, Judge Bledsoe denied the motion, and in so doing rendered an opinion which is said by attorneys interested to be the most charistic, lucid and correct exposition of the law governing riparian rights everrendered from the bench—all the more remarkable from the fact that it was given extemporaneously and without notes. It is a valuable contribution to the writings on this subject, and we are fortunate to be able to present the opinion as taken by the court reporter. JUDGE BLEDSOE'S DECISION. Judge Bledsoe said: Since the adjournment on last evening I have attempted to consider all of the various arguments advanced in this case both by plaintiffs and the defendants, and I must say before entering upon a discussion of the points involved, that I could not have wished for any more light to be thrown upon it by the arguments of counsel. It seems to have been gone over very thoroughly and every proposition sustaining either one of the contentions has been advanced, it seems to me, in a way that enables the court to view the situation in the best light possible. The court is very much impressed with the argument which has been advanced here, that in this arid region the policy of the court should be to permit waters to be used in such a way as to be of the most benefit to the greater number. It would seem as if if the desert should be made to blossom as a rose if it is possible; and where it is possible that should be done, and should be done by such persons as may be in a position to do it, and who may ownthe landwhichcanbemadethustoblossomatalltimesandwheneverpossibleaslongastheydonotinterferewiththerightsfotherememberedthereareoneortwofeaturesinthecasehoweverwhichIwillnoticepreliminarilybeforecontinuingthatpartofthediscussion。它hasbeensuggestedthattheproofshowsthatSantaAnaisriverontolandswhichtheplaintiffsclaimarenon-riparianttothatstream.TheclaimofplaintiffsbrieflystatedisthattheyaretheownersoftheDurkeeranchborderingonthesantaAnaisriver,andinfactadrainageofthoselandsisawaytheriverandintomillcreekflowintotheSantaAnaisriver,theriparianlandsoftheplain.NowIknowofnodecisioninthis-Ihavebeenunabletofindanythingtherewerenonecitedtothisargument—whichhasheldbeasedtoevenintimatethatrownownerontherivermaytakefromtheriverforuseonnon-riverlandsbelongingtohim.Thecommonlawdoctrine.ofcourtthatalowerriparianproprietorytohavethestreamasitpassbyhispropertyuseonhislandasmaybecennersirrigatehisriparianlands. The reason is, it was not interrupted this arid country that water shall waste; which is strictly in accordance withthecontentmadebydefendantsalludedtobefore.Thereprem Court.Ithinkunderstoodwereengraftinganewqualificationuponthecommonlawdoctrinetopermitanupparriertodivertwatertheriveronlyforthepurposegivingriparianlands.Toamainnon-riparianlandswouldbewastefromthelowerriparianproprietoryheretoforerecognized.Supreme courtandalsolawdoctrine.Inthisinstantcanbe saidthatMr.Fulleranddefendantscan takeabodywhichlowersthewaterplanttheDurkee ranchofan inch;itdoesnotinjuretheplaintiffswaterflow pasttheDurkeewhichcanbe saidthatmanwhomediatelynorthofMr.Fullertaketwo-eighthsofan inchofmainingIfMr.Fullerbytakinganinchdiminishedimperceptibly,f thereforeitcouldif thereareenoughpartiesoftheSantaAnaisriverabovetherelocationtotakeoutothereofthatwhichisleft,thetic THE PEERLESS A. FUHRBERG, Proprietor Angeles Beer on Tap AHEIM - California SUBSCRIBE FOR THE ANAHEIM GAZETTE OLDEST PAPER IN ORANGE COUNTY Subscription $1.50 Per Year Send For Sample Copv Anaheim Bakery, PETER SYRE, PROPRIETOR. FRESH BREAD CAKES & PIES CONFECTIONERY, ETC. Building Cakes a Specialty. Los Angeles and Cypress S. GO TO THE lak Barber Shop FOR A ST-CLASS SHAVE OR HAIR CUT. TWO DOORS WEST OF BANK. USMANN BROS. R. T. R. PEEPLES DENTIST OFFICE AND RESIDENCE: KEEL'S CORNER - UP STAIRS Anaheim - California The Weekly Gazette. Established 1870. SUBSCRIPTION. - $1.50 Per Year. Six months... $1 00 Three months... 75 Payable invariably in advance. Transient advertising rates, $1 per inch per month. The Gazette is issued every Thursday morning. Entered at the Anaheim Postoffice as second-class matter. RICHARD MELROSE ATTORNEY-AT-LAW And Notary Public. Special attention given to Probate Matters. —Center Street, Anaheim— done by such persons as may be in a position to do it, and who may own the land which can be made thus to blossom at all times and whenever possible as long as they do not interfere with the rights of other parties. I think it should be the endeavor of all us to so construe the laws as to permit the use of waters with which we are blessed by the greatest number and in the best possible manner for all concerned. There are one or two features in the case, however, which I will notice preliminarily before continuing that part of the discussion. It has been suggested that the proof shows that about four thousand inches of water runs to waste past the plaintiffs' premises. The court will have to take judicial knowledge, of course, of the fact that the Santa Ana river, from the lower edge of the plaintiffs' premises, runs through the Santa Ana canyon and down to the county of Orange. The court will have to take judicial knowledge of the fact that the water does not run to waste because it runs through a natural water course, and as a matter of law can be said to naturally irrigate and sub-irrigate and render fertile and more productive all the lands from the lower edge of plaintiffs' land to the ocean, which, of course, it does. Again, it has been said that the plaintiffs are in no position to complain of the acts of the defendants in this case because the plaintiffs themselves own land part of which is non-riparian to the Santa Ana river, and they are using the waters of said river to irrigate those lands which are non-riparian. In the first place I do not know of any doctrine of estoppel which would permit defendants to insist upon a wrong of the plaintiffs in support of their own wrong, conceding that they have been doing a wrong in the premises. In the next place, the action of the plaintiffs, if it is a wrong, can in no wise injure the defendants, because they are upper proprietors, and it is a wrong of which they cannot avail themselves in this proceeding. Furthermore, the proof shows and the pleadings show that the plaintiffs are possessed of riparian lands which are inside the watershed of the Santa Ana the Durkee ranch % of an inch it does not injure the plaintiffs water flows past the Durkee ranch can be said that the man who mediately north of Mr. Fuller take two-eighths of an inch of maining. If Mr. Fuller by taking two-eighths of an inch of maining. If there are enough parties in the Santa Ana river above the place to take out other % of that which is left, the time accustomed to flow there can concede at all that Fuller riparian proprietor, has to take water from the river, non-riparian lands, you must all upper riparian proprietor right to take it from the river it upon the lands that are not and from which the surplus flow upon the lower riparian's lands. If Fuller has this time to take water to no lands, which the granting option for a non-suit would add to be entitled to, he has then take it at any time. If he is an adjudication of that rip favor to take the water at all question of how much he would be, of course, adjudic future. But as to the question much the lower proprietors injured—he may take a smallity next year, but there may reason next year, and the lands, on account of not having irrigated this year, may be Continued on Fourth p Use Allen's Foot-Ease in Your Lady writes: "I shake Allen into my gloves and rub a little oil. It saves my gloves by absorbing it is a most dainty toilet powder vite the attention of physicians tothe absolute purity of Allen's Dr. W. C. Abbott, editor of Clinic says: 'It is a grand pum am using it constantly in my o All drug and shoe stores sell its sent FREE. Address Allen S. Roy, New York." BER 18, 1902. BRAVE YANKEE LAD SUCCORING THE STRICKEN Wilford Nichols Caring for Cholera Patients Among His Pupils—Dead and Dying All About Him Wilford Nichols writes to his folks at Garden Grove as follows regarding his experiences with cholora in Panay: ILOILO, Panay, P. I., Sept. 29, 1902. DEAR PEOPLE: I will take this opportunity to write a few more lines to you. In my last letter I told you I was going back to Alimodian to do some disinfecting owing to cholera there. Last Monday morning at 5 o'clock I started back. Soon the day was very warm and the roads were simply a series of mud holes and my man had to carry me on his back across many of them. I reached Alimodian at noon. Soon I learned that my people were dying at the rate of from 40 to 70 per day. The plague had not, however, yet reached the center of town where many of my more intimate friends lived. I scarcely took time to eat, and went at once to disinfecting houses. First, of course, I went to the president's house. I found him much frightened and only too glad to follow any and all my instructions. Then I went to the home of the town secretary, but before my arrival there he had learned of the death of one of the town's councilmen. The secretary has a very weak heart and this news completely upset him for a time. When I entered the room he cried and begged like a child for me to give him medicine at once. My first thought was that he had cholera, so I hurried to my house for my cholera medicine. On returning, however, I found that he was not afflicted with this dread disease, but was simply in a state of fright collapse. I assured him that he had no cholera, and that there was no danger of his getting it if he were careful. After I had disinfected his house and given him some medicine I visited other houses. All day I worked like a Trooper and when night came I could also have an hour and a half off during the afternoon. I eat at the same time with the rest of the party, and we use every safeguard known to us against the dread disease. All our food is clean, well prepared and thoroughly cooked. We have as good beef steak as I ever ate in the States, in fact it is brought here from the States. It is shipped from San Francisco in cold storage. I feel assured that my stay in Iloilo will be a pleasant one, because we regard cholera with no more fear than if it were a thousand miles away, though we take the necessary precautions. Have no idea as to when I shall return to Alimodian, but think I will not go there for at least six weeks. In any event I shall not go there while cholera hangs over the place. Here, in Iloilo, it is being rapidly stamped out, owing to the fact, perhaps, that many of the natives left town for other parts on account of it. W. W. NICHOLS. Blessing the Bells. Father Dubbel on Sunday performed the ceremony of blessing the bells to be used in the new Catholic church. The bells arrived on Friday and were a gift from F. Ganahl of St. Louis, formerly a resident of this city. The bells were named during the ceremony, in conformity to the usual practice. The first, which is the largest of the trio, weighing 900 pounds, was named St. Boniface, after whom the parish is named. The second, weighing 500 pounds, was named St. Joseph. The third bell, which is the one at present in use in the old church, was named Ave Maria. The bells were blessed as they reposed upon the floor of the new church. A large congregation was present to witness the ceremony. Bowling. A team of Santa Ana bowlers defeated one from this city at the Maple bowling alleys on Wednesday evening. Fitzmier, of the locals, who had a bad thumb, showed to poor advantage, although he was looked upon as the star The reason is, it was not intended in the arid country that water should go waste, which is strictly in accordance with the contention made by the defendants alluded to before. The Supreme court. I think, understood they are engrafting a new qualification on the common law doctrine and are not at the same time infringing on any rights of the lower riparian proprietors. A lower riparian proprietor had the right to have the stream down past his premises not diminished in quantity or quality simply because that would be a right of which could avail himself to the fullest extent only as long as it flows past his premises in a defined body, or rather in a defined channel, in which it is customised to flow so undiminish. As long as he obtains from that stream of water such reasonable use and so much thereof for artificial and natural irrigation as he may require, he is in no wise entitled to complain as against acts of the same nature of other riparian proprietors. That seems to be the extent of the qualification engrafted upon the old common law—to permit an upper riparian proprietor to divert water from the river only for the purpose of irrigating riparian lands. To irrigate non-riparian lands would be to take from the lower riparian proprietor all rights heretofore recognized by the supreme court and also the common law doctrine. In this instance, if it can be said that Mr. Fuller and his co-defendants can take a body of water which lowers the water plane under the Durkee ranch of an inch and that does not injure the plaintiffs as the water flows past the Durkee ranch, it can be said that the man who lives immediately north of Mr. Fuller can also take two-eighths of an inch of that remaining. If Mr. Fuller by taking 10 inches diminished imperceptibly the water flowing past the Durkee place and a further diminution of two-eighths of an inch would diminish it imperceptibly, therefore it can be said there are enough parties living on the Santa Ana river above the Fuller place to take out other fractions of that which is left, the time might weaken him for a time. When I entered the room he cried and begged like a child for me to give him medicine at once. My first thought was that he had cholera, so I hurried to my house for my cholera medicine. On returning, however, I found that he was not afflicted with this dread disease, but was simply in a state of fright collapse. I assured him that he had no cholera, and that there was no danger of his getting it if he were careful. After I had disinfected his house and given him some medicine I visited other houses. All day I worked like a Trojan, and when night came I could hardly stand on my feet I was so tired. There is always more or less of a continued mental strain on a person, too, while working around such a disease, and I slept but little that night. On the following morning I was up bright and early and set about disinfecting a number of other houses. In one of these was a man with cholera. By 10 o'clock that morning I had completed my work and prepared to return to Iloilo, but a heavy downpour of rain set in, so I did not go that day. Perhaps you do not know the symptoms of cholera. A man, women or child will be in apparently good health, and perhaps will be walking along the street; suddenly they feel intense pains in the abdomen, and if standing will often drop instanter as though pierced by a shot; the limbs will be drawn up in agony and the person will commence to vomit and purge. The discharges are almost constant and are of a watery consistency and very offensive odor. Every bit of moisture passes from the system and in three or four hours from the time the person takes the disease he is carted off to the cemetery, a corpse. Of course, there are cases where a person will linger for two days, if good remedies are administered at the moment of its first appearance, but even then he has only one chance in twenty to live through it. A person living two days with it is in that short time reduced to a mere shadow. There is one thing very singular about cholera. It matters not how much a person dreads or fears it while in health, when once afflicted all worry leaves them and they seem quite indifferent as to the ultimate result. All they care and call for is water. They crave it, but are allowed none. Now, to return to Alimodian. My second night there was not a pleasant one. About 7 o'clock in the evening I was alone in my house when I began to feel pains in my stomach. For a time I had not the least doubt that I had a touch of the plague. I was not frightened, however, but went straight to the kitchen and took a good dose of cholera medicine; then I went to my front room, sat down at my table and wrote a few directions as to what I wished done with my effects in case I did not live. Then I lay down on my cot and slept with bad dreams for an hour. After this I arose and took more medicine. Thus the night wore away and by morning I was feeling better and then realized it was not cholera, but simply a disarrangement of my stomach brought about probably named. The second, weighing 500 pounds, was named St. Joseph. The third bell, which is the one at present in use in the old church, was named Ave Maria. The bells were blessed as they reposed upon the floor of the new church. A large congregation was present to witness the ceremony. Bowling. A team of Santa Ana bowlers defeated one from this city at the Maple bowling alleys on Wednesday evening. Fitzmier, of the locals, who had a bad thumb, showed to poor advantage, although he was looked upon as the star man. A return game will be played in the near future. The score: SANTA ANA. Name: 1st. 2nd. 3rd. 4th. 5th. Av. W.N.Hole.....1657 1677 1692 1722 1748 J.S.Tubbs.....1689 1699 1732 1758 1782 C.W.Walker.....1731 1741 1757 1782 1804 Total pins=2200 High score-W.N.Hole..302 High average-W.N.Hole..174 ANAHEIM. Name: 1st. 2nd. 3rd. 4th. 5th. Av. G.R.Fitzmier.....1339 1378 1392 1422 1458 J.P.Hatzfeld.....1639 1659 1673 1698 1711 R.Jones.....1733 1743 1759 1782 1804 Total pins=2200 High score-G.R.Fitzmier..1933 High average-R.Jones..1823 Manager Fitzmier of the Maple bowling alleys is arranging a match game between McGrath and other Los Angeles cracks and a team from this city. Walnuts Higher: Failure of the French walnut crop and the consequent increased demand for California nuts has caused the growers to advance prices from one to one and a half cents a pound on the softshell variety. The California crop will amount to 780 or 800 carloads, much of which has already been shipped. This is above the average yield and as the prices are higher than usual, nut growers will make a handsome profit. $100 REWARD $100 The readers of this paper will be pleased to learn that there is at least one dread disease that science has been able to cure, in all its stages, and that is Catarrh Hall's Catarrh Remedy is the most effective cure now known to medical practitioners. Catarrh being a constitutional disease requires a constitutional treatment. Hall's Catarrh Cure is taken internally, acting directly upon the blood and mucous surfaces of the system, thereby destroying the foundation of the disease, and giving up strength by building up strength and maintaining an ongoing work. The proprietors have so much faith in its curative powers that they offer one hundred dollars for any case that it fails to cure. Send for list of testimonials. F.J.CHENEY & CO., Toledo.O. Sold by druggists, 75 cents. Hall's Family Pills are the best. PROFIT The matter of feed is of tremendous importance to the farmer. Wrong feeding is loss. Right feeding is profit. The up-to-date farmer knows what to feed his cows to get the most milk, his pigs to get the most pork, his hens to Use Durkee ranch of an inch and that does not injure the plaintiffs as the water flows past the Durkee ranch, it can be said that the man who lives immediately north of Mr. Fuller can also take two-eighths of an inch of that remaining. If Mr. Fuller by taking of an inch diminished imperceptibly the water flowing past the Durkee place and a further diminution of two-eighths of an inch would diminish it imperceptibly, therefore it can be said if there are enough parties living on the Santa Ana river above the Fuller place to take out other fractions of that which is left, the time might come when the water flowing past the Durkee ranch would be but a very small part of that which was at one time accustomed to flow there. If you can concede at all that Fuller, as the upper riparian proprietor, has the right to take water from the river, for use on non-riparian lands, you must concede all upper riparian proprietors have the right to take it from the river and use it upon the lands that are non-riparian and from which the surplus can never flow upon the lower riparian proprietor's lands. If Fuller has the right at this time to take water to non-riparian lands, which the granting of this motion for a non-suit would adjudge him to be entitled to, he has the right to take it at any time. If he is entitled to an adjudication of that right in his favor to take the water at all times the question of how much he could take would be, of course, adjudicated in the future. But as to the question of how much the lower proprietors would be injured—he may take a smaller quantity next year, but there may be a dry season next year, and the plaintiffs' lands, on account of not having been irrigated this year, may be injured to Continued on Fourth page. Use Allen's Foot-Ease in Your Gloves. A lady writes: "I shake Allen's Foot-Ease into my gloves and rub a little on my hands. It saves my gloves by absorbing perspiration. It is a most daunting toilet powder." We invite the attention of physicians and nurses to the absolute purity of Allen's Foot-Ease. Dr. W. C. Abbott, editor of the Chicago Clinic says: "It is a grand preparation; I am using it constantly in my own practice." All drug and shoe stores sell it, 25c. Sample sent FREE. Address Allen S. Olmsted, Le Roy, New York. I had not the least doubt that I had a touch of the plague. I was not frightened, however, but went straight to the kitchen and took a good dose of cholera medicine; then I went to my front room, sat down at my table and wrote a few directions as to what I wished done with my effects in case I did not live. Then I lay down on my cot and slept with bad dreams for an hour. After this I arose and took more medicine. Thus the night wore away and by morning I was feeling better and then realized it was not cholera, but simply a disarrangement of my stomach brought about probably by excessive work. In the morning I went to the president's home where I found a boy with symptoms of cholera. I gave him medicine, and then gave the people a few more general instructions and in company of three servants started on my return to Iloilo. For nearly half the way I rode in a bull cart. The day was extremely sultry and when I arrived at my destination I was nearly exhausted. The intense heat had affected my head somewhat and my feet were blistered. I passed a bad night, for my stomach was still in bad shape. The men who slept with me in the same room said I talked a great deal during my sleep. But one or two days rest and good food have restored my usual good health. Now a word not quite so doleful: In my last letter I told you I was going to board with an American lady while here in Iloilo, and that board and lodging would cost me above $30 per month. I had taken six meals with this lady when an employee of the army here asked me if I would not like to be chief steward while the cholera was prevalent. He offered me good board and a fine room. There are a dozen young men in the party. I thought the proposition a good one and accepted. It is equivalent to at least $35 in gold per month. There are two natives and one Chinese cook. My work is simply to sit on a chair and see that these chaps do their work. I have every evening to myself and have an hour and a half off during the forenoon. The matter of feed is of tremendous importance to the farmer. Wrong feeding is loss. Right feeding is profit. The up-to-date farmer knows what to feed his cows to get the most milk, his pigs to get the most pork, his hens to get the most eggs. Science. But how about the children? Are they fed according to science, a bone food if bones are soft and undeveloped, a flesh and muscle food if they are thin and weak and a blood food if there is anemia? Scott's Emulsion is a mixed food; the Cod Liver Oil in it makes flesh, blood and muscle, the Lime and Soda make bone and brain. It is the standard scientific food for delicate children. Send for free sample. Be sure that this picture in the form of a label is on the wrapper of every bottle of Emulsion you buy. Scott & Bowne CHEMISTS, 409 Pearl St., N.Y. 50c. and $1; all druggists.