Newspaper Page Text
BE PASO HERAUD
Wednesday, October 2, 1912
We want every man and young man in El Paso to at least SEE the unequaled values we offer in
I I .a. n A HlAKKSy' ..m,3V " ,mWBW. R ifl
Only a few
t Jp ofl Jr
has been so continuous that we have
decided to extend our sale until Sat
850 women have
El Paso Shoe Co.
BIGHT ID HE
DEPESf .01 USE
Continued from page 1.)
ply U to some beneficial purpose. And,
upon the question of damages, under
the more recent decisions of the west
ern states, the tendency is more and
more fbr the courts to hold that the
right of a person to the natural flow
of a stream, is based upon this unsu
fructuary right only. The water must
be actually used in order to sustain a
claim to the same. If this is not done,
some subsequent claimant may legally
lay claim to either the surplus unused
or to the whole amount covered by the
prior claim during tne periods of non
use, and for such action, the prior
appropriator or riparian owner, can
not successfully maintain an action
and recover even nominal damages. Be
fore he can recover damages he must
have sustained some actual, material
and substantial injury to his rights,
and if such rights are not injured, of
course, no recovery can be had.
"Beneficial use has also had Its in
fluence toward greater uniformity of
court decisions In actions for injunc
tions throughout this western country.
Riparian Laws. '
"But, in the evolution of the law of
the water rights in the western states,
the courts of those states have con
siderably changed their attitude upon
the question of the right of a riparian
proprietor J to maintain an action for
a.n injunction against the diversion or
men can plan and create
up to date styles. If you
have worn ordinary clothes
in the past, start this Fall
with something new a
style which will show you
up to the minute.
Clothes will make you look different from the others.
They are made from the latest fabrics; they t; they
wear longer than you expect them to Look at them.
We have the newest shapes and colors in
See our line of you want to see the newest.
We have them all.
See Our Line TPrz'rttfTr See Our Line
of Overcoats frffigjfffc oi Rai"
The daylight store. Tae the elevator, save jive.
the waters of a stream, where such
waters flow mostly over the public
lands and are needed for irrigation,
and where the riparian owner is not
actually applying the water to some
beneficial purpose, and also where he
is not materially injured by the diver
sion of a certain quantity of the flow
before It reaches his land. Upon theory
that all of the existing water supply
should be for actual use in those west
ern states which adhere to the modi
fied form of the common law, the
courts are now loath to grant equit
able relief on behalf of a riparian pro
prietor on account of the mere dimin
ished flow of a stream, caused by the
diversion of the water above his lands,
without actual material damage to him,
and where the water diverted is ap
plied to some beneficial use of purpose.
And, therefore, it may be regarded as
the settled rule of the most of the
western states, in such cases that the
court will consider all of the equities
of the case; and, without prejudice to
an action for damages, will refuse to
We deem the true rule to be that
the lower riparian owner owning a un-
snfrnctuary right to the water, seek
ing the injunction must show some
real, material and substantial damgae
to justify a court of equity In enjoin
ing an upper claimant from his actual
Shoe fox Boss in
dm Metal Calf
good shoes, but to make good
shoes-and sell tbem at a low price,
reqmres-tlte c 'know-tow" plus the
McEiwain standard of efficient
tion tanaafaethebest shoesfor
the money-that-can be made.
W. H. McEhvainCompany, Boston
is on every
beneficial use of the water and that,
too, regardless of the fact as whether
such upper claimant claims his right to
the use of the watefr as an appropria
tor or as a riparian owner using more
than his just proportion of the water,
after taking into consideration the
1 equal or corelative rights of the other
owners, under the strict construction of
the common law doctrine."
Congressman Smith Speaks.
Congressman W. R. Smith, of Texas,
chairman of the house committee on
Irrigation, spoke on "reclamation leg
islation" and declared that closer co
operation between the settlers and the
reclamation service was necessary for
Joseph E. Caine, of this city, read a
paper on the relation of good roads to
Irrigation development. He said in part:
"The original reclamation law passed
10 Vears ago is" only a skeleton law, as
all original legislation. It is now time
to learn If it is adjusted to the present
needs of the water users ability to
reclaim his land, build his home and
support his family. It is no more than
a common sense business question.
Mersrer Is Discussed.
The question as to whether the Irri
gation congress should merge with
I other associations came up again at
today's session and a sharp line of de
markation was drawn between the
delegates for and against the proposi
tion. The resolution providing for such,
a merger is expected to come to a vote
"VIvaldo Coaracy, representing the
Brazilian gqvernment at the congress,
Dresented a resolution looking to a
.greater degree of cooperation between
the countries represeniea at me con
gress on all matters relating to irriga
tion and land reclamation.
Reclamation Act Praised.
Senator George Sutherland, of Utah,
in a brief address, endorsed the work of
the congress and pledged his support.
The Newlands reclamation act, he de
clared, was the greatest piece of con
structive legislation of the age.
Truman G. Palmer, of New Tork,
said that the completion of the Panama
canal, the expansion of the good roads
movement and the increase of cultivated
areas by irrigation are influences that
will terd to check the upward move
ment of prices.
We Mean You
Before you buy your new Fall Suit tomorrow
we want you to come in and give us ten minutes
of your time so we can lay a few of these Suits
before you that you max appreciate what we are
They're Really Fine
These Suits at $15.00 are our special pride
they're the product of a model tailoring shop and
everybody from the expert designer to the careful
finishers have put their best into the making of
these splendid Suits. ,
Include rough Scotch weaves and smooth cassimeres
in new browns, grays, greens and iridescent blues
as well as dark mixtures fine unfinished and silk
mixed worsteds and a great line of shadow striped
serges in the new Fall colorings.
Other Great Lines at $10 and $20
if to j
WMu 1 CjiLJflr 'd
Ira! A i r4r J Hi
BIE7 yj Iff j I HlHv
QMH. ff Iff J 0 J IEjT
H I (HI
yrenhcl System letfec$
s $4 to $15
In these fabrics they are our personal selection
strictly all-wool through and through and every
piece thoroughly inspected and shrunk before be
ing made up so the Suits will hold their shape and
Extreme models for the young men more conser
vative styles for the older gentlemen two and
three-button coats trousers cut just right coats
lined with fine serge or mohair best canvas and
French horsehair interlinings and sewed with, silk
See These Suits
Compare them with those shown 'elsewhere at
higher prices and remember that our expense is
small and that our profit is the smallest in El Paso
we can afford to offer the biggest clothing values
in El Paso and we are doing it
Our New Shirts a t Aft
ARE UNEQUALED VALUES V v v
A large and comprehensive collection of Fall Headwear, including the newest and most
stylish shapes and shades of the season, are here for your selection either Soft Hats or
Derbys. They are correct in every detail and there is a smartness about them that you
will like. No trouble to find -one that suits you, for we carry every size and r$odel ,
and at every price. .
New Neckwear, New Hosiery, Reliable Underwear
Everything Brand New This Season 's Goods
HARRIS KRUPP, Prop.
107 San Antonio Street.
A complete line of new Shirts for Fall. Shirts that have
won such a reputation for themselves that it is hardly neces
sary to speak of their quality or the value they represent.
They are the equal of any $1.50 Shirt made. There's a
splendid assortment of new colors and pat- ft fl (
terns to select from and the price is only . . . .9 i&J3
(Continued from page one.)
GOSSETT GOES TO
Austin, Tex., Oct. 3? Commissioner
of insurance and banking Gill today an
nounced the assignment of state bank
examiners for the next three months.
E. E. Gossett. who had been assigned
to the El Paso district, was transferred
to the Houston district. L. J. Davi3,
who had been assigned to the Waco dis
trict, was transferred to the El Paso
district, and he will have charge of the
state banks in that district.
HJLIX GENERAL IX PECOS
COUXIRY; SLEET AT AUXO.
Pecos, Texas, Oct. 2. Reports re
ceived at Pecos- from as far north as
Carlsbad and Knowles, N. XL, from
points a3 far east as Odessa and Ft
Stockton and generally over the trans
Pecos country, indicate that this
whole section has received a general
and the best rain of the season. It
rained in this city for more than 12
hours vand stockmen -who arrived ir
Pecos today from other points state
that -winter grass is assured, ivieet
is reported at Arno.
Heavy Rain at Xaco.
Naco, Ariz., Oct. 2. Naco has iust
had the hardest rain of the year, a
small cloudburst. Nearly two inches
of rain fell in about as many hours.
All the country is flooded and much
damage by washouts was done.
Men's suits cleaned, pressed. Wright.
and Both Good Books
A Romance of Billy Goat Hill
by Alice Hegan Rice, $ .25 ; postage 1 2c extra.
The Hollow of Her Hand
ty George Barr McCutcheon $1.30; postage 12c extra.
REVERSIBLE TELEPHONE BOOKS 25c EACH.
committee had before It charges that
from 83,000,000 to $5,000,000 had been
used by the Roosevelt people before the
convention. Another confused exchange
of comment followed.
"Was this $5000 that Perkins, Mun
sey and Hanna each gave to you in ad
dition to the amounts given to E. H.
Hooker in the New Tork committee,"
asked senator Paynter. Senator Dixon
said it was.
Senator Payter asked if Herman
Frasch, who gavo $10,000 to the New
York campaign was connected with the
sugar interests. Senator Dixon insisted
the Sugar trust" was opposed to Col.
Roosevelt, but he didnot know whether
Mr. Frasch was connected with sugar
When Hard Up, Went to Perkin.
Senator Dixon said that when "he
got desperately hard up" he "went back
to Perkins. All the rest of the pluto
crats were for Taft."
Senator Dixon suggested that the
committee summon Josiah Quincy, of
Boston; William A. McAdoo. of New
York; George Harvey, of New York,
and William F. McCombs. Through
them, he said, he believed the commit
tee would find that "a gentleman
named Penfleld," of Philadelphia, had
given $48,000 to governor Wilson's
prtconvention campaign and $10,000
since bis nomination.
"I also suggest the calling of Thomas
F. Ryan," he said. "I have been reli
ably informed that he contributed a
large sum to the campaign of Mr. Un
derwood; that A. H. Plant, auditor of
the Southern railway, also gave to this
campaign. I have been informed that
large sums were given by financiers of
New York to the presidential campaign
of governor Harmon, of Ohio.
"I have been Informed that Joseph
E. Davis expended about $38,000 in Mr.
Wilson's preonventlon campaign."
He also mentioned Fred B. Lynch, of
Minnesota; E. D. Johnson, of South Da
kota, as possible witnesses.
Senator Dixon further asked the com
mittee to summon Louis Hammerllng,
of New York, whom he said he was in
formed was the advertising agent of
the Standard Oil company: and had
been gien funds to control the edi
torial policy of 200 newspapers pub
lished in foreign languages.
"I'd like to have Charles P. Taft
summoned here and asked if he spent,
as is commonly reputed, $600,000 to
nominate Mr. Taft"
Tells of Four Rig Contributions.
George R. Sheldon, former treasurer
of the Republican National committee,
testified before the Clapp committee
today that in 1904 the Standard Oil
company, contributed $100,000; J. P.
Morgan & Co., $100,000: H. C Frick
$100,000. and George J. Gould $100,000.
Mr. Sheldon said he had no personal
knowledge of these contributions but
that the late Cornelius N. Bliss, then
treasurer, had shown him his report.
"When I took charge of tho treas
urership in 1908, Mr. Bliss handed me
a. list of large contributors of 1904."
Corporations Gtre 73,1-2 Percent.
"What percentage was contributed
"To be frank, 73 1-2 percent."
"Was any contribution made by the
Standard Oil company?"
Mr. Sheldon said the Standard Oil
company contribution was not on the
list as coming from oil company, but it
was charged to John D. Archbold.
SSATS and MICE
ROOSEVELT CLOSES A
RECORD CAJIPAIGX TOUR
Raleigh. N. C. Oct. 2. Col. Roose
velt last night deliered the last sched
uled speech of the longest campaign
a sure exterminator of rat3. mice.
RorJrraaches and all vermin. Get the
Money Back if it Fails.
25c end 1.00.
Sold by Druggists Everywhere.
Steams' Sociric Psst9CeOh!sago3HL
tour ever undertaken by a presidential
candidate. The auditorium here was
Col. Roosevelt had made nearly a.
score of speeches during the day, and
although hoarse and weary, he talked
for an hour.
In his state, with its heavy interests
in the tobacco industry, Col. Roosevelt
spoke of the American Tobacco com
pany, saying in part:
"Our opponents in both the old par
ties have nothing to propose in regard
to the regulation of trusts, except just
what has already been done. They pro
pose nothing but modifications of the
present system. No such modifications
would change the tobacco trust in a
way which would amount to anything.
"My proposal is not to do damage to
business, but to punish crooked man
agers of business. Such a showing as
was set forth in the supreme court de
cision in the trust case should cause
the immediate appointment of a re
ceiver for that trust, just as would be
'done in the case of a national bank."
CoL Roosevelt left here last night for
EEFUSES TO PUT
EOOSEVELT MEN 'ON
Sacramento. Cal., Oct 2. Secretary
of state Frank C Jordan has refused
to accept the Los Angeles county pe
tition for placing Roosevelt electors
on the November ballot, on the ground
that the city clerk of Los Angeles had
failed to state that the signers had
taken no part In the recent primaries
or state conventions.
There are 12,035 names on the Los
Angeles petition almost the entire
number necessary to place Roosevelt
electors upon the ballot.
WILSON CENTRAL FIGURE
IX NEW JERSEY CONVENTION
Trenton, N. J., Oct. 2. Woodrow
Wilson was the central figure In to
day's Democratic state convention, at
which a state platform was adopted
and candidates for presidential elec
The governor was chairman of the
committee on resolutions, which pre
pared the platform. It declared in
favor of the election of United States
senators by direct vote, against any
curtailment of the present direct pri
WOMEN SPEAK ON STREET
CORNERS URGING SUFFRAGE
Kansas City, Mo., Oct. 2. AVomen
mounted drygoods boxes and chairs last
night in Kansas City. Kans.. and talked
for "vojes for women." All along the
main thoroughfares crowds assembled
to hc?r the speakers. Twelve of them
ere in action.
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with vital power will exert a pleas-
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Mutt and Jeff Appear Every Bay in the El Paso Herald