anaheim-gazette 1906-08-16

WORLD INDUSTRIAL NOTES From last consular reports received by the California state agricultural society from the world at large, we glean the following notes of general interest to the people of California: An usually large coffee crop is promised in Brazil, and in order to keep up prices the railroads, regardless of what the growers want, have arranged to deliver to the sea coast just as many bags each month. It has been found difficult to organize the growers in their own interest, so the transportation companies have taken the matter of distribution in their own hands. The British board of trade is not only sending commercial agents to Canada, but is dispatching commissioners acquainted with the various countries in South Africa, Australia, South America, Siberia and Persia. The Canadian representative will visit every considerable place from Halifax to Victoria. The Japanese control the Manchurian railway, and a Reuter's dispatch from Tokio says that a special discount has already been introduced on the railway for Japanese tobacco and a few other commodities. This is giving rise to serious apprehension among the foreigners interested, as they fear that by an extension of the rebate system special advantages will be afforded to Japanese goods, and fair competition killed in that way and the spirit of the open door the price of illuminating gas iningham, under municipal cois is 60 cents per 1000 cubic feet diary consumers, with a slight duction to large users. This been considered quite a low but seems extortion in company with rate given by the town of nes, in Lancashire. The price is now 32 cents to small consumers. Large consumers pay from 22 cents. Consul D. I. Murphy writes that one Dr. Roux of Pasteur institute has discovered process which, by means of tions at the time of slaughter, preserve meat for a consider period. The minister of war just given orders for a test of Roux’s method on a large quail of meat under conditions resembling near as possible those prevailing during time of war. Consequent next week in Paris a certain number of animals will be slaughtered which, after having undergone necessary operations, will be distributed among the different corps after a certain time, a route of transportation and a minute inspection. Hawaii’s sugar crop of this is estimated at Honolulu to 400,000 tons, falling under the crop of last year. After next ust it is said that no more Hawai sugar will be sent around America to market. It is said all of the next year’s crop destined for the Atlantic seaboard will be the Tehuntepec route. patch from Tokio says that a special discount has already been introduced on the railway for Japanese tobacco and a few other commodities. This is giving rise to serious apprehension among the foreigners interested, as they fear that by an extension of the rebate system special advantages will be afforded to Japanese goods, and fair competition killed in that way and the spirit of the open door nullified. The official Canadian spring crop report forwarded by Consul J. H. Worman of Three Rivers shows the wheat acreage increased by half a million over last year's record. This raises Manitoba over the three million mark for that cereal alone. The land sown to oats is 1,155,961 acres, an increase of 124,722, while the barley acreage has nearly reached half a million, being, in fact, 474,242. The total increase in the grain acreage over last year is 655,836. The other crops also show an increased acreage. It is recognized by the highest medical authorities that disease germs are widely scattered by the dust clouds which motor cars place in motion, and that the dust thus circulated is one of the causes of consumption and diseases of the throat and lungs. Merchants' stocks are also damaged. Many protests and demands for relief have been made. Liverpool has been working on remedies, and satisfactory results have been secured through the use of oil sprinkled upon macadam roadways. The surface having the cleanest and whitest appearance was that coated with creosote oil mixed with rosin, while that covered with creosote oil mixed with tallow had the least odor. The surface covered with ordinary petroleum was the first to show the dust. The next in order was a mixture of creosote oil with rosin and tallow, and then the hot creosote alone. Creosote oil mixed with pitch, cold creosote oil, and hot creosote oil mixed with a small Important Water Decision A decision has been rendered by supreme court in relation to water which is of interest to irrigators hereabout. The supreme court that water may be pumped from derground supply in one section conveyed to another and even section for distribution and use water may be taken from one shed and supplied to another where is needed. It is looked upon as a strong victory for irrigators in the arid section. The important conclusion relied by the supreme court is exhibited affirmation of the decision of Supreme Judge Noyes of Riverside county case of William Newport and against the Temescal Water company. The case is the first to be tried merits since the Katz-Walkinshaw decision. At the time of the Katz-Walkinshaw decision the Temescal Water company was pumping water in the Perris and conveying it in canals, and to Corona for irrigation and do use. These pumping operations were carried on on land adjacent to the town of William Newport, who, despite himself to be damaged, began in the superior court of Riverton county to restrain the Temescal company from carrying the water at a distance and into another water for use. The Katz-Walkinshaw case, dated in 1903 in San Bernardino county, to an old common law doctrine had become almost obsolete in litigation in arid states, that the soil possessed no inherent ripeness; pump water from the underground supply that might, perchance, be used and convey it to a distance to sell so doing he lowered or destroyed supply used by adjoining owners. This decision amounted almost with rosin, while that covered with creosote oil mixed with tallow had the least odor. The surface covered with ordinary petroleum was the first to show the dust. The next in order was a mixture of creosote oil with rosin and tallow, and then the hot creosote alone. Creosote oil mixed with pitch, cold creosote oil, and hot creosote oil mixed with a small quantity of pitch gave good results, but the latter gave a bad appearance. The heavy black oil (coal-tar waste oil) lasted slightly longer than the creosote oil and was much cheaper. The Texas crude petroleum gave the most lasting results, and portions of the road heavily coated with this oil showed a somewhat glazed surface formed of oil and dust. From the standpoint of the wear and tear of the road surface, the oiling on the whole has been advantageous. According to reports received at Melbourne, Consul-General Bray states that recent shipments of chickens from Australia to England have been very successful. Size and uniformity must be adhered to, and white-legged fowls are most acceptable in London, being worth 6 pence (12 cents) per head more than others. Chickens weighing three or four pounds sell best, and it is said 5000 cases could be taken next season if received at the proper time and in good condition. Consul F. W. Mahin reports that Illuminating gas in Not-under municipal control, for 1000 cubic feet to orsumers, with a slight relarger users. This has reduced quite a low price, restoration in comparison seen by the town of Widshire. The price there is to small consumers. Owners pay from 22 to 26 M. Murphy writes from that one Dr. Roux of the institute has discovered a h, by means of injection of slaughter, will that for a considerable minister of war has orders for a test of Dr. Good on a large quantity or conditions resembling possible those prevailing of war. Consequently, Paris a certain number will be slaughtered, having undergone the operations, will be dislong the different army certain time, a given transportation and most action. Sugar crop of this year at Honolulu to reach falling under the record year. After next Augthat no more Hawaiian be sent around South market. It is said that next year's crop destined native seaboard will go by spec route. Newport and the other plaintiffs stated that within a year the water in wells near their lands sank and that fields which previously had yielded alfalfa crops without irrigation became barren through drought. The water company claimed the drought was caused by a succession of dry years and that they had been invited by Newport to enter upon the pumping project. Newport and the others employed the same attorneys who had been successful in the Katz-Walkinshaw case, C. C. Haskell, H. C. Rolfe and E. R. Annable, and the attorneys for the defendant company were E. W. Freeman, Joseph H. Call, Purington & Adair, and A. F. Call. The case was tried before Judge Noyes in the summer of 1904, six weeks being occupied in the taking of evidence. The case presented a gloomy prosepect for the Temescal company. It not only was pumping water from a sub-surface supply, as was done in the Katz-Walkinshaw case, but in a measure this pumping resulted in lowering the water plane. This, coupled with the fact that the water was carried to an entirely different valley and water plane, seemed to leave little or no hope for the Temescal people to preserve what they deemed their rights. It was shown at the trial, though, that Newport, prior to the Temescal company's purchase in the Perris valley, had sought to have it purchase underground water from, and it is said that it was only when he met with refusal that he determined he and his neighbors were damaged. The trial judge invoked the doctrine of laches in setting aside the Katz-Walkinshaw principles. He held that the plaintiffs had acquiesced in the institution of the pumping plants by the defendants and had, in fact, encouraged them to do so. "The evidence discloses the fact." Water Decision has been rendered by the court in relation to pumped water of interest to irrigators. The supreme court holds that be pumped from an unapplied in one section and another and even remote distribution and use; that be taken from one water-tailed to another where it is looked upon as a sweepier irrigator in the more instant conclusion reached the court is exhibited in its decision of Superior of Riverside county in the Newport and others Temescal Water company. The first to be tried on its behalf is the Katz-Walkinshaw decision of the Katz-Walkinshaw Temescal Water company water in the Perris valley in canals, and flushing irrigation and domestic operations were carried adjacent to the ranch Newport, who, deeming the damaged, began action prior court of Riverside train the Temescal commiring the water to such extent into another watershed Walkinshaw case, decided Bernardino county, held common law doctrine, that almost obsolete in water grid states, that the owner need no inherent right to from the underground suppression, perchance, be there to a distance to sell, if by powered or destroyed this by adjoining owners. The trial judge invoked the doctrine of laches in setting aside the Katz-Walkinshaw principles. He held that the plaintiffs had acqiesced in the institution of the pumping plants by the defendants and had, in fact, encouraged them to do so. "The evidence discloses the fact," announces the court in its decision, "that plaintiffs were cognizant of the constant lowering of the water plane before as well as after the commencement of the defendant's pumping operations; nor were they unaware that the defendant intended to pump and carry sufficient water to irrigate some four thousand acres of land, and that these operations would be perpetual and constant. With full knowledge of these facts, they permitted the defendant to expend some $500,000 in the purchase of its lands and the development of its pipe lines and conduits, and as remarked supra, part of the plaintiffs openly encouraged and importuned defendant to locate and construct its plant where it is situated. Under accepted authorities, including Katz vs. Walkinshaw, supra, this acquiscence precludes them from now enjoining defendant from operating its plant." The right to a reasonable use by the owner of the over-lying land is commented upon thus: One of the court's deductions is that the underground waters of the Perris valley appear to be inexhaustible; that plaintiffs may, with the use of suitable mechanical power, pump sufficient water for the reasonable use of irrigation and domestic purposes on the overlying land, and that defendant is entitled to the "surplus" water by appropriation and reasonable use on it land. The supreme court was unanimous in affirming the decision of the trial court. Had the plaintiffs in the original action been sustained, Corona would have lost its entire water supply for 2000 persons and 12,000 acres of land. Notice to Creditors In the Superior Court, county of Orange, State of California. Estate of Edson C. Barnes, deceased. Notice is hereby given by the undersigned George S. Smith, administrator of the estate of Edson C. Barnes, deceased, to the credit- Notice to Creditors In the Superior Court, county of Orange, State of California. Estate of Edson C. Barnes, deceased. Notice is hereby given by the undersigned George S. Smith, administrator of the estate of Edson C. Barnes, deceased, to the creditors of, and all persons having claims against the said deceased, to exhibit the same with the necessary vouchers, within four months after the first publication of this notice (which publication was first made on the 2nd day of August, 1906.) to the said administrator, at the office of his attorney, Samuel M. Davis, Room 12, Rowley Block, in the city of Santa Ana, county of Orange, State of California, the place of business of said estate. Dated this 26th day of July, A. D. 1906. GEORGE S. SMITH. Administrator. SUMMONS IN THE SUPERIOR COURT of the county of Orange, State of California. Lottie Seaman, plaintiff, vs. Alonzo Seaman, defendant. Action brought in the Superior Court of the county of Orange, State of California, and the complaint filed in the office of the Clerk of said county of Orange. The people of the State of California send greeting to Alonzo Seaman, defendant. You are hereby directed to appear, and answer the complaint in an action entitled as above, brought against you in the Superior Court of the county of Orange, State of California, within ten days after the service on you of this summons—if served within this county; or within thirty days if served elsewhere. And you are hereby notified that unless you appear and answer as above required, the said plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or she will apply to the court for any other relief demanded in the complaint. Given under my hand and the seal of the Superior Court of the county of Orange, State of California, this 21st day of July, A. D. 1906. [SEAL] C. D. LESTER, Clerk. 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