Newspaper Page Text
L PASO HEUALD
Monday, January 6, 1913
Our Business Increased Last Year Over Two
Thousand Dollars Per Month
THERE IS A REASON
Extra Large Fancy Prunes,
White Cooking Tigs,
Fancy Peeled Peaches,
per lb -
Fancy Seeded Raisins or -j yj
l urrants. per pkg .. . JLfci2C
4 lbs. for
Fancy White Potatoes,
All White Soap,
6 for- ..:
White Star Soap,
4 lbs .".
'. for ...... $loQ0
American Beauty Flour $1.00 for 24 lb. Sack.
BUBOES PREPARES BILL TO REGULATE
IIUIOI ii THE STATE OF TEXUS
"West Texas Delegates Give Approval to the Measure,
Which Will Place Upon the Statute Books a Law
by Which Water Can Be Equitably Distrib
uted Provisions of the New Law. -
Or for Highland Park.
Phone 1666 and 1662.
Phone S5& or 634
Reach the raw, tender, in
i lamed membrane infested
with Catarrh germs, and de
ou can't reach the nooks
and crevices with liquid
preparations there is only
md" war breathe the germ
destroying air of Boofiis
IliOMEl (pronounce it
liigb-o-me) directly over the
mi lamed and germ infested
HYOMEI contains no
opium, cocaine or other
lurmful drugs, it is a bal
samic air made of Austra
i an eucalyptus, thymol, and
some Listerian antiseptics.
ft is guaranteed to end the
misery of Catarrh and
roup, or money back. Ifs
line for Colds and Coughs.
Ak about Booth's H0-
.MEl outfit today it is
onlv $1.00. Extra bottles.
it 'later needed, 50 cents.
HAS PLANS DRAWN
FOR MISSION HOME
r'tiarlAQ TlaviQ is Tiavino tiIhtir drawn
for a mission home on the corner of Rio
Grande street and West Boulevard. He
has purchased four lots there from Win-
j cheater Cooley and R. F. Burges for
T. M. Wingo has sold -to the Tri-State
Telephone company 50 feet at the south
west corner of Texas and Campbell
streets for $17,000.
Fred C. Jones, of the El Paso Milling
company, is having plans drawn by O.
H. Iheraian & co. tor a $uuu Dungaiow,
which he will erect in urandview addi
tion. George Hitt and O. C. Coles have
bought 12 lots in Cotton addition from
the Cotton estate through A. P. Coles
& Bros, for $7200. The lots include two
lots on Boulevard at the corner of Grant
street and two lots on Coles avenue and
Roseoe Reese has bought lots 5 and 6
in block 16 of Cotton addition, facing
Boulevard, for $1000, through A. P.
Coles & Bros. ,
County judge A. S. J. Eylar. county
commissioners James Clifford and Ike
Lowenstein, two men from Barstow,
Texas, C. M. Haughton and John Miller;
two from El Paso, Julius Krakauer and
J- Y. Wadlington, and one from Ysleta,
J. J. Smith, assembled in the county
court room Saturday afternoon to dis
cuss and endorse the proposed irriga
tion code drafted by R. F. Burges, who
will present it at the next session of
the legislature for its enactment.
"There is more money spent in liti
gation than in irrigation." were the re
marks of F. H. Xewell. director of the
United States reclamation service, who
dropped into the meeting on his way
to look over the Franklin canal.
"If a man purchases a water right,"
he continued, "there seemed to be no
waj- to ascertain just where that right
began or ended. That very question
has been fought out in many of the
states by bloodshed. I consider that
the highest duty that a citizen can per
form is to use his influence in adopt
ing a good water code It is the little
fellow that needs protection. Not ev
ery man can afford to go into court
and settle a question involving a wa
ter dispute. In the Salton basin in
order to determine the water rights of
individuals, the government in one case
filed suit against 5000 defendants."
Will Avoid Litigation.
In introducing his bill. ilr. Burges
stated that the mass of litigation which
crowds the dockets of the courts today
could have been avoided if Texas had
placed on her statute books compre
hensive laws governing the distribution
of water for irrigation purposes. He
cited a case in the Pecos vallev where
a dispute arose over the 'right at a man
to cross the public highway with his
ditch in order to get water to his land.
The statutes of the state, ilr. Burges
said, made no provision for a man to
acquire a right of way over a public
domain. The case went to the su
preme court, which, after wrestling with
the question manfully for several
weeks, decided that if such was not the
law it ought to be, and the legislature.
Druggists everywhere. Just breathe
n stomach dosing. Kelly & Pollard
guarantees it. Advertisement.
PARTRIDGE COMES TO
HAKE PLACE WITH ORIENT
J. K. Partridge, newly appointed com
mercial agent of the Kansas City, Mex
ico & Orient railroad, with headquarters
in irl Paso, arrived in this city Monday
morning and assumed his duties. He
comes from Wichita, Kan., where for
three years he has been traveling freight
agent for the same road. C. P. Hostet
ter, whom Mr. Partridge succeeds in EI
Paso. , will engage in the commission
while it had not said so. meant to cive
a man a ngnt to- cross the public do
main in a case of this character.
Mr. Burges stated that the proposed
irrigation code for Texas was for the
most part copied after that of Wyo
ming for the reason that the laws of
the latter state worked with less fric
tion and litigation than those of any
other state. Even California, he said,
was following those statutes.
All Water Belongs to State.
or not such application has been made
in good faith.
Upon approval of an application the
code provides that the actual construc
tion work is to begin within one year.
If the applicant feels that he is ag
grieved by "the endorsement of the en
gineer, the Bill says that he can appeal
to the state board within 60 days. An
appeal is allowed from the decision of
the water board to a district court
within six months.
Mapt of All Undertakings.
Each application for a permit to ap
propriate water is to be accompanied
by a map or plot in duplicate, show
ing accurately the location and extent
of the proposed works and adjoining
The priority of an appropriation
dates from the filing of the applica
tion in the engineer's office.
The code provides that the owner of
any ditch shall maintain a substantial
headgate, which shall be kept locked
and closed by the water commissioner.
If required, the owner must construct
flumes or measuring devices at such
points as may be designated by the
commissioner, to assist in determining
the amount of water diverted into a
Every owner or manager of a res
ervoir located across or upon the bed
of a natural stream by the code is re
quired to construct and maintain, when
notified, a flume or measuring device
to be approved by the engineer, below
his reservoir, 'and a flume or measur
ing device above such reservoir on each
and every stream or source of supply
f discharging into the reservoir, for the
purpose of assisting the commissioner
in determining the amount of water to
which prior appropriators are entitled.
When it becomes necessary for the
protection of other water users, the
division superintendent by the code is
given authority to require flumes to
be installed along the line of- any ditch.
If any owner refuses to construct and
maintain headgates after 10 days no
tice to do so, the water commissioner
can close the ditch.
Xo Waste of Water.
By the code, the rights to the use of
water are limited and-restricted to so
much as unay be necessary for irriga
tion or other beneficial Durnoses. ir
respective of the carrying capacity of
the ditch. The balance of the water
unappropriated is to be allowed to run
in the natural stream from which the
ditch draws its supply. In case the
owner of any ditch, canal or reservoir
fails to use the water therefrom for
Our Greatest "White Sale Begins Soon)
Tomnrmti We Srincr Fnrward Mnrt
JanuaryCleaf ance Sale Offerings
Bv the nrrmnsMl hill the unonnpn. ! Irrigation or other beneficial nnmnsM
priated waters of the ordinary flow or ' during any three successive years, the
underflow of every running or flowing I l"1 specifies that he shall be consld-
SOUR, GASSY, UPSET? I
When "Pape's Diapepsin";
gets in Stomach all In- !
Time it! In five minutes all stomach
distress will so. No indigestion, heart
burn, sourness or belching of gas, acid,
"r eructations of undigested food, no
d.zziness, bloating, foul breath or head
ache. Pape's Diapepsin is noted for its
speed in regulating upset stomachs. It
Is the surest, quickest and most cer
tain remedy in the whole world and be
sides it is harmless.
Millions of men and women now eat
tpT favorite foods without fear they
know now it is needless to have a bad
Please, for your sake, get a large
fifty-cent case of Pape's Diapepsin
from any drug store and put your
s'omach right. Don't keep on being
miserable life is too short you are
not here long, so make your stay agree
able. Eat what you like and digest It;
fnjoy it, without dread of rebellion in
Diapepsin belongs in your home any
way. It should be kept handy, should
one of the family eat something which
doesn't agree with them or in case of
an attack of indigestion, dyspepsia.
gastritis or stomach derangement at
daytime or during the night it is there
t.- give the quickest, surest relief
An Unpleasant, I
I Disagreeable Task
j No Longer Necessary
I Now you can keep the closet
I bowls in your house as clean
g and white as new without
I scouring them or touching
I them with yoar hands.
stream, canyon, depression or water
shed and all lakes and other collections
of still vAiter are declared to be lhe
property of the state, and the right to
the use may be acquired by appropria
Those waters, it is provided, may be
held or stored in dams or reservoirs
and may be diverted provided that the
ordinary flow or underflow of any
natural lake or stream shall aot lie
diverted to the prejudice of the rights
of the riparian owner, without his con
sent except after condemnation.
As between appropriators, the bill
provides, the first in time is the first
The code provides for the constitu
tion of a board, to be known as the
ered as having abandoned it and shall
forfeit all water rights. The owner of
a ditch, canal or reservoir has not the
right to receive from others any roy
alty for the use of water carried there-
y, out every such owner having a sur-
us of water and furnishinc- it to
others from any ditch, canal or reser
voir, is considered a common carrier.
and the rates to be charged may bo
fixed by any method or by any authori
ty prescribed by the laws of the state
tor, fixing the rates or charges of com
mon carriers. The legal standard of
measurement of water according to the
code is a cubic foot of water per sec
ond. Using Stream as Canal.
Whenever the owner or manager or
board of water control. It is to be lessee of a reservoir Mmtrnrt .
composed of a state engineer and su- any stream or other water courspde.
perintendents of the water divisions, i sires to use the bed of the ,tr .
The board is to have supervision of all water course for the purpose of J?
of the waters of the state, and of their rying stored or impounded water fr
appropriation, distribution -and diver- the reservoir to the pnn.,J . J? S
I required to give the water m
sioner notice in writing, giving the
?hie?en ,U is Pjoposed to discharge
the water from the nui. i. ,
. ume in acre feet and the names of all
Mrsnnn ind ,lliv. nu.j ,..." a"
It is then the-dut -of 'the commission
&!?". !. headgates of "all
Z.Z ""muuw io me use of sucn
Wale.ras.in enable those having the
right to the sole use. to secure thf vol!
ume to which they are entitled.
'rac"i' owners to nov ,,! i
Divided Into Four Divisions.
The state is to be divided into four
water sections. No. 1 embraces the
Panhandle district; No. 2 takes in the
Rio Grande, Pecos. Nueces and other
streams; No. 3 embraces Bexar, Ata
cosa. Bee and Wilson counties; No. 4
comprises the rice growing section of
The state engineer is to be appoint
ed by the governor and is to be presi
dent of the water board, and is to have
general supervision of the waters of
HE one dominating purpose now is to clear counters, shelves and stock
rooms of Winter goods. Clearance and price-cutting here go hand in
hand. To move out goods we mark down prices. And as they must go
quickly we cut costs deeply. The clearance shall be speedy and complete.
Values veer to1 heretofore unreached heights as prices reach heretofore un
recorded low levels. Daily is demonstrated in new offerings the clear' fact
that this event is our greater value-giving effort. We search the stock for
surpluses and laggards and these immediately get greater price reductions.
Every purchase brings you a great profit, alone possible at this sale.
Don't Miss Sharing in Underpriced
Offerings Like These
Ribbons and Evening Scarfs Extra Specials in Silks
HAIR BOW RIBBONS A crisp quality of taffeta, SP0TPR00F FOULARDS In navy with white dots,
in black, white and the most wanted plain shades. -, , M nn , . ., , , - . .
January Clearance Sale Special, q ReSnIar S1'00 S&. An ideal dress fabnc CQ
a yard JLtC January Clearance -Sale, yard. ........
EVENING SCARFS Of silk mull and chiffon dew "
drop and floral designs. Extra special in A f BLACK SILK BENGALLNE 36 ineh, heavy quality
the January Clearance Sale, each rkXjC suitable for coats, suits and dresses. $2.00 arae.
FANCY EVENING SCARFS Ranging in priee from T
$1.00 to 7.50. January Clearanee -t rr January Clearance Sale, -, qq
Sale, each 1-5 Oil yard .. -.--, r P3g
Clearance in Basement Clearance of Buttons
PERCALE HOUSE DRESSES Extra special ia the Broken lines of fancy buttons in any desired sizes or
t ra o "i . . color. 1-4 to 5 dozen of a kind
January Clearance jale, AQ Va,ueg d - ;
each XJr Valnwt tn 50. - W . -fy
CRETONNES 27 inches wide, in varied colors and VaIneS to 75c' doz ' 15c
patterns. 12 l-2c and 15e grades. January q Toilet Goods Uhderp'riced
Clearance Sale, yard 7' Mennen's Talcum Powder t5c
REMXAXTS-Of Burlap, Denim, Cretonne, Swiss, f,1 ?ow'r 3
Silkoline, plain and figured Scrims, etc. ,, Qff ff? S,5Hf I"? Pder 16c
T ' i o? iJ2KJU- loe Colgate's Bay Rma for .g?c
January Clearance Sale ?lj;o Batae q Face nmflm . fff
CHASE LAP ROBES In black only. The $3.00 jsy 9 TT O r o o
kind. January Clearance Sale, dj -j q VVOmen S Union OUltS OJC
each I)A White Cotton, an extra good value in the QQ
min T . -rw-vTVTK? t c i c i January Clearance Sate at, a suit 53C
CHASE LAP ROBES In fancy colors for autos ' ,
and carriages. ?5.50 and $6.00 values. dQ qq Rnvfi' Srilenfers fn 9 Zf) f QB
Januarr Clearance Sale J7cJCP n " . . ,. , "-.
One lot of high grade sweaters in large and small
CHEVIOT SHIRTING 32 inches wide. Buy it in sires, including high or low neck styles, in white or
the January Clearance Sale at, Q colors. Values to $2.50. January Clearance Q Q
yard C Sale, each. ....J..v.:wv. , , "flC
Watch for Date
. of Our
general supervision of the waters of expenses of water commlL
v,a cmio nic cot-, iD nt, t iuuk l fftt. - .".-" t-ummissioners.
klT ha is h th iw tn .m: t "" ZXV? ? trol is authorized
;i1- ;M.i?rJ-ner 5r additional pen-
Phone Us Your
Rubbers For The
a year. He is given the power to em
ploy assistants, not more than two. at
$1500 a year each, and to employ other
assistants at a total additional ex
pense not to exceed $1000 a year. The
bill fixes the fees he is to charge the
Beneficial Use of Water.
Beneficial use is made the basis, the
measure and the limit to the right to
use water at all times, not exceeding in
any case the statutory limit of volume.
; Water being considered at all times
the property of the state, rights to its
use attach to the land for irrigation.
The board of control may provide
rules and regulations by which a water
right may be detached from the par
ticular land for which it has been ac
quired and transferred to other land,
or for another purpose, without loss of
Anyone intending to acquire the right
of .benfeicial use of public water, the
bill provides, must first make applica
tion to the state engineer. Such appli
cation must set out the name and ad
dress of the applicant, the sou roe of
the water supply, the nature of" the
proposed use. the location and descrip
tion of the proposed ditch, canal or
other work; the time within which it is
proposed to begin construction, the
time required for completion of con
struction, and the time required for tne
application of the water to the pro
AVilful Diversion of Water.
For a wilful diversion or appropria
tion of water without compliance with
the law, the code makes it a misde
meanor, the penalty being a fine not
more than $100. or imprisonment in
the county jail for not more than six
months. The possession of the di
verted water is deemedrprima facie ev
idence of guilt
If the proposed right of use of the
water is for agricultural purposes, the
application must set out the description
of the land to be irrigate! with the to
tal acreage to be reclaimed.
Where there Is no unappropriated
water in the proposed source of supply,'
or where the 'proposed use would con
flict with existing rights, or threatens
to prove detrimental to public interests,
the code makes it the duty of the en
gineer to reject the application and re
fuse to issue the certificate. The re
fusal or approval of an application is
ftltfe fit- miMlnKM.. .
formance of a duTj- which I. IncumEK
upon the owner of any irrieition
rectlancT b6St SF$&-
mc 'rJe Governing Official.
The code provides one superintendent
the rtate ThVUr TSter " 21
inltanceare ff'JSLt ? th3
fe ?ne ssa Sb V. &??
duct examinations at different periods
for candidates for the position of di
vision superintendent, and a list of
?e 0m. th.? enBlneer lists as quau!
fled shall be filed in the office of the
governor, to select from
Each division superintendent is "li
en general control over the water com
missioners or other officers or agents
charged with the distribution of wate?
iv's1 dfstricts wttn wwwar
Each division enn.l.i. j . .
en the authoHty To ordern' &Z
wie construction of ;T,iti,i
to oar- , ... ""-auiK. aucnes
ditch or lands' to theWmaeirnS
SMtSEK:- . .make, it
person until such ordeTlomnffiJ
th1, The superintendent il alsolv
the authority to make such recrulatinna
as will secure an equal and fadlsw'
ZUR ot ,water ln accordance with the
priority of appropriation, provided such
Irrljmtor'K Rlirl, .
Any ditch owner who feels that he
has been discriminated against bv anv
order of the division superintendent's
given the right to appeal to the state
engineer by filing with him Ta conv or
the regulation objected to, and a state
ment of the manner in which it in
jures him. The state engineer mav
amend or revoke the superintendent's
of the water division shall begin tak
ing testimony as to the rights of par
ties claiming the use- of water. These
notices are to be published in two Is
sues of a oaner in the county in which
the stream is located, and 30 days prior
to the beginning of the taking of the
When any stream to be measure, or
adjudicated traverses more than one
water division, the final hearing Is to
be heard before the superintendents of
such water divisions sitting jointly.
and the decision when made is to be
final on all claimants, provided that
the superintendent shall hold a hear
ing in each county in which there are
claimants or appropriators upon the
The bills incurred for the printing
of the notices are to be paid by the
county in which the publication is
The state engineer is to deliver to
the county judge of each county
through which any stream passes, upon
which adjudication is to be made, suf
ficient copies of a blank form for the
use of water right claimants, upon
which every claim is to be presented in.'
writing to tne superintendent or tne
division. Or the claimant may mail a
statement to the secretary of the board
Bach of the claimants is required to
certify to all statements under oath
and the division superintendent in
which the testimony is taken is au
thorized to administer the oath.
When Evidence Is AH In.
On the completion of the taking of
the evidence in these cases of adjudi
cation by the division superintendent.
it is nis auty to give notice in a news
paper in the county to the effect that
on a certain day the evidence taken
will be open to the inspection of the
various claimants and to the public.
That evidence the code provides must
be kept by the superintendent open
to inspection at the place specified for
at least one day but not more than
If any corporation, nerson. or asso
ciation owning any irrigation works or
claiming any interest in the
be appointed unless the commission
ers' court of the county passes a reso
lution to that AffArt f lio Hutv tf
r Vfllai dAmmli-olinn. t .. ... .91 : .3 .. t.
.. .- wuiiuiimiviici A3 IU UlVlUtJ LUO
streams or water sources of hl3 dis
trict among the several ditches and
reservoirs entitled to water from them.
He has the power to regulate the dis
tribution of the water among the vari
ous users. The headgates are under
his control. It is the duty of the county
auuraey io ueiena tne division super
intendent. The respective interests of joint
owners in ditches shall be fixed by
the issuance of a certificate of appro
priation. Any person who may know
ingly swear falsely to any ownership
in any Irrigation work, by the code, is
deemed guilty of perjury.
When the ownership of any irriga
tion work is disputed, it may be set
tled by a suit in equity in a district
Must Care for Water.
Owners of irrigation ditches or res
ervoirs are to ftarefully maintain the
embankments so that no water may
"" " unmade me property ot otners.
In the construction of a canal or
ditch across a public highway, it is
the duty of the person constructing it
to provide a safe and suitable bridge.
., At the point where the water is
diverted, an obstruction must be pro-
viaea wnereby all fish will be kept
out of the canal or ditch. Failure to
do this carries with it a penalty.
Any person who wilfully opens,
changes or interferes with any head
gate under the code is guilty of a
misdemeanor and may be fined $104. or
sentenced to 60 days In the county jail.
-The water commissioners are given au
thority to makft ni-raxti
Any person who destrovs a gate, em
bankment, reservoir, flume or feeder
of another is deemed guilty of a mis
demeanor and subject to a $108 fine or
60 days in jail.
THREE SMALL FXRES OCCUR
FROM SATURDAY UNTIL MONDAY
At 9:50 oclock Saturday night the
central fire company responded to a still
alarm turned in for a fire at 1616. Ma
goffin ayenue. The residence was occu
pied by Mrs. R. McGregor. Soot burninsr
out m one of the flues of the house was
responsible for the alarm. There was
A box car loaded -with coal in the
Santa Fe vards caught on fire Sunday
mornpg at 12:30 oclock. The men en
gaged in unloading the car Satnrday
mght are bejieved to have been smoking
and left a lighted cigaret in it. A hole
was burned in the bottom of the car,
but the coal was not damaged.
An improper setting of a stoveoipe
was given as the cause of the fire which
railed the central fire company oat at
d iiTi Monday morning to Ofl
SonthXhioa street. There was no dam-'
A cartoad of sash and doors at aboo.
harf price. lender dumber Co.
Where ditches are owned by two or
I more, and one fails to do his propor
tionate share of the work, the "other
stream i .i. - t,mih j-o uuwws. uu
or streams involved In th nrtiHl,... "T. "" '" ".hbj-i. xur . wnen
Cleans Water-Closet Bowls
Sani-Flash, a powdered chem
ical compound, does the work
quickly, easily. It's harmless
to bowl or plumbing, while
acids injufe them and are
dangerous to handle.
25 cents a can at your
grocer's or druggist's
Ve Have Also Men's Arctic
Rubbers and Arctic Gait
ers For Vomen
Men's Regular and Hip
Length Rubber Boots
j to be endorsed thereon and a record of
i It kept in the engineer s office, if ap
proved the 'applicant is autnorizeu to
file the receipt in the county clerk's
office in the county where such appro
priation is to be made, and
the county clerk must record
it After . such filing the ap
plicant may begin the construction
of the necessary work to apply the wa
ter for beneficial uses. As long as the
refusal of the application remains in
effect, the applicant can take no such
For Large Projects.
In a case where it is proposed to di
vert more than 25 cubic feet of water per
second, or to reclaim more than 1000
acres of land, the engineer may require,
in the case of incorporated companies.
a suDmlssion or the articles ot incor
poration, or a certified copy, together
ith the names and addresses of Its
directors and officers, and of the
amount of its authorized and paid up
capital stock. If the applicant is not a
corporation, the engineer ma require
a showing of the name or names of the
psrt'- m partus proposins to construct
the v ... i ,, n'l a show inc of f.. ts npef
rv t.i i lbli lum I i ti t. r,, me whr-tn-i
.r i 1 ttiM i j. . i ) fimriMi il.
ti tij turrj out tht (T).-k, and whether
IVhan.i'a, rtnllftil .mn n .
, . .... xabcr com
mlssioners must make a report to tiw
division superintendent. The reports
must contain the amount of water ao
tually coming into the district of such
ditches, canals and reservoirs: wheth
er such supply is increasing or decreas
ing; what ditches, canals or reservoirs
are without their proper supply an
such other information as the division
superintendent may require.
The salary of each division superin
tendent is fixed at 51800 a year, paya
ble in monthly instalments. His actual
traveling expenses are allowed when h
is called from his home.
The Board of Control.
The board of control constituted br
the code is to be composed of the state
engineer and the superintendents of the
four divisions. The office is to be lo
cated at Austin. The code requires
that two meetings a year shall be held-
me scluiiu ueMiHya in iiii c-ii ajin f io.
j tober, respectively. The state encineoi-
o ,., jflbillUClll Ul LUC UUUIU.
Priority of RIchtH.
At Its first meeting, the code makes
it the duty of the board to make ar
rangements for beginning the deter
mination of the priorities of right to the
uotr vi mc jjudmc waters ui i.ne state
and such determination is to begin on
the trams most used for irrigation.
Thtsi' arrangements are to continue
as rapidly as practicable until all
claims for appropriations have been
The board is to prepare notices set
ting forth th. d.ite whpn the engineer
ci his a".ms ".ill hi gin the m.j.s
u; IV' n's "i -,m ;m- and ditches Ui
i-tini. w iter Hi i .Tr and the plai.
and tht d it when ihe sup nnundent
tion. desires to contest anv of thn
rights of others who have submitted
their evidence to the superintendent,
such must within 15 days after the tes
timony is taken notiry the superintend
ent in writing, stating the grounds
upon which the proposed contest is
based. The statement must be veri
fied by an affidavit The superintend
ent is then to fix a date for the hear
ing between the contestant and con
testee. which is not to be less than
30 nor more than fin dnvo afiar nnti
has been filed with him. The superin
tendents are given the power to com
pel such witnesses as may be necessary
to appear at the hearing, and in the
event they fail to appear are given the
swuc power as nave me courts to pun
ish the Offender for rantpmnl The
witnesses are to receive the same fees
as In civil cases, to be paid by the
party against whom the contest shall
be finally determined.
The superintendent is to require a
deposit or $10 from each party to the
contest for each day he Is engaged in
taking evidence. On the final deter
mination of the contest the money is
o he refunded to the successful party.
Jhe money deposited by the unsuccess
ful party is to be turned over to the
Upon the completion of the evidence
in the original hMrlnir hfA tha -
j perlntendent and of the evidence taken
i In all contests. It Is the duty of the
superintendent to transmit the evi
dence to the ottice of the board of
An appeal is allowed from the de
cision of the board of control to the
district court. The case in the dis
.Lct c?urt is given precedence over
other civil cases.
If as many a-, 20 claimants of water
from am str.-am desix a measuie
Rient of the ivatir suppl and an adju
dication of the water rights, and be
fore the board is ready to take up the
measurement, they may file a petition,
and a sp. (i.l . ngineer may be ap
pointed t. ii. th. work
Each t ounty a District
i.ain ftri: nil'! .! luunti.s un.i. . th
I Gli 1 flC, il nt(i nr ,t. . .i.r-f
- Ha&L.'mm'fiunr' hftw. ua
MOTHER! WATCH THE
if cross, feverish, siek ou-
tongue coated give
"Syrup of Mg&."
-,Fve mother immediately reaHsea-
j ? t)a-t. tbJs e ideal laxative
and physie for the chlldrenT NoUilnl
it -XST cn,w. iant fHns well; rest-,
S?nSS?ie?ttaB euku-ly and acting:
S I&YIJ4 ,S Vure slEI1 "wt its litt
Ue inMdes need a gentle, thorough
cleansing at once. "u0
When cross, irritable, feverish, stom
ach sour, breath bad or your little one
has stomach-ache. diarrhoea. M?e
throat tuUot cold, tongue cSated- g!
a teaspoonful of Syrup of I?gs and in
a fw hours all the Foul, coStfpVted
clogged up waste, undigested tooa. knA
may be "filed with the coWyjudge Snin,- oi6 wi "nout nauseaT
who can appoint three rtlit.S? Sniping or weakness, and vou will
parties to assess the damages. ?hiMyiV- ... haPPy and smilins
Th. nrnirioinna . .,i ". ... I CDlId again SflOrtlv "
.;; ?.:.-"'",""" "" ' s stated witli sVP..n r to ...
drugging 'your chiidVen bei6 com-
posed entirely of luscious figf :
an&oathematl !cnnot harm,utnna
Figs Sanav lldit1TKayS ktep "P
iigs nanay. it is the onlj stomaeh
liver and bowel cleanser and relator
needed a little given toda? wm ve
a sick child tomorrow.
Full directions for children nf n
tneeSpaarWa-UPS "Antld on
A BU -. -. . .
J"?ISr,,S,s! er the full name.
such owners are unable to agree as to 1
tne division or the water, they max
apply to the water commissioner to
make the distribution.
Before a dam 1 feet high can be
constructed across any running stream
it must be approved by the state en
gineer. When plans for the construction of a
reservoir, ditch or canal have been ap
proved, the builder may take any pri
vate property, which is required, -making
just compensation to the owner
If the compensation cannot be agreed
on. me permit to ouiia the reservoir
avyii "ic iimiincimnce and opera
tion of irrigation work- i ih. o..
constructed under the federal reclama
The code makes it unlawful for any
one to permit Johnson grass or Rus
sian thistle tO tO tO Herri nnnn a nn.l
9F. Unin flve eet o either side of a
ditch. The penalty for a violation is
trVi16 of 1ot ,?J8 thal S25 or more than
$600, or imprisonment in the county
jail for not less than 30 days nor more
than six months.
Ward County Men Favor llenture.
Both Mr. Haus-hton and Mr. Miller
(who attended th meeting Saturday as
anncaies or me ward county conser
vation association, stated that they
thoroughly endorsed Mr. Burma's hill
and would use all efforts on their part
in securing its passage. They suggested
having delegations sent from Bl Paso
and other points in the western divis
ion to Austin when the date was set
for the meeting of the full committee
Mr. Burges said that copies of the
cuue wuuiu m; recurneo rrom
Syrup' of FteHnrt wHi..'
prepared by the California FigsTrun
Co. This is the delicious tatffc-byI
a .. c. -
nine old reliable,
printers within the next few days at
which time they would be distributed
among those actually interested in ir
rigation laws for the state.
Before you are filled
with Mercury and
urnjrg. see Dr. Che
Hole, the botanist
the I specialist who cures
600 N. Stanton.
Phones 16 and S97
Ise Domestic Coke.
Suu'hwesrern Fuel i'o.
the following dis
eases without the
aid of minerals or
Knire: cancer. Blood
tism. Heart !,-,. t-.
and Liver d. -a:i
nunts. CYm-uliat"" "
Trr 4t t: ,n r
tonuSt fhune Ui'