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URW YORK-lOS ULztt *T LELENA-SLzt and Main. The stock to be displayed in our new' building (the Ashby block) as soon u the store fix tures can be finished, will consist of Dry Goods, Notions, Toys and Dolls, Fancy Chins, Bronzes, Fancy Baskets, Celluloid Novel ties, Metal Novelties, Children's Vehicles, Sleds. The extent of our preparations for Holiday trade may be judged by the fact that these lines-with the excep tion of Dry Goods, which we have never handled before-will occupy the entire store, whereas, in former years they had to take what room they could find in our old store. The new store until Christmas will be headquarters for Holiday Goods. The stock is the largest ever shown in Helena--is entirely new-and the prices are the lowest ever named hera. Have you a cold? Try some of these: Rock candy, lb..........x 2 c Horehound candy, lb.... ioc Y. & S. licorice pellets, box Sc Licorice drops, lb........ zc Y. & S. licorice sticks, 2 for Sc For the purposes of reading, writing or sewing, no light equals that of a good lamp. Such wonderful improvements have been made in kerosene lamps of late, that those con sidered perfect a few yesas ago are now out of date. The most modern and most perfect burner is the Rival. It is a center draft burner-of the kind generally known as Rochester-and is the best lamp ever made. We offer the nickle-piated table lamp with this burner, ýomplete with por celain shade,' for $z.5o. When we say we retail cigars at retail cheaper than other re tailers pay for their goods, we mean its for every dealer here will tell.you the same tale, and when everybody says so there must be some truth in it. That's why our dcigar trade extends from one end of the land to the other. Prices will work won ders. Think of its Cuban BlossoutSo, 0 ... ... s........$1.6 -Speckld Dantle, M s................ 1.7 Old Comfort Chroot. N for............ 1..0 Stachelberg's Raphael, $ for........... L10 Flor de stachelber. 50 tor............ LO Carmoelna, 100 for .................... 1.75 Corina Perfectos, clear Havana, U for 4.3. Love's Bouquet, 26 for................. 1.75 Don Davilo, 26 for ...................... 1.7 Nultum in Parvo, Havana filler, 100 for .50 Vlrgtnla Seed Stoges. 100 for......... 1.7 Kentucky Seed Stogles, 100 for......... .35 I'no %'pas, 100 for ....................... .60 Standard Banner, 50 for................ .90 Upman Bouquet, 50 for.................. .00 Memories,. 00 for ....................... .60 La Honesta Concha Fin., 60 for..... t.00 La Honesta Rothechlltld. 10 for ........ 3.75 La Honeeta Perfectos, Esp., 26 for.... 2.25 Old Glory Cheroots, 300 for............ 2 2i Olympia, 50 for.......................... 1.75 All Tobacco Cigarettes-Be tween the Acts, Paxi, Consols, Jack Rose, Violet, Helm. Always pounding down Gro cery prices. These special for today: Queen olives, quart ......$ .25 Monroe cream, can....... .10 Favorite cream, 3 cans.... .25 Dill pickles, quart........ .20o Plain pickles, quart........ .o Finest Holland herring, per keg.................... .oo Island rice, per lb........ o6 Navy beans, per lb....... .04 Rolled oat, Io-lb sacl.... .30 German nudels, lb........ .15 Preserves, z-lb jars...... .2o Pure apple juice cider, per gallon ............ .... .35 The Fruit department: Quinces, fresh, lb........$ .o5 Winter apples, bbl....... 4.25 - 6" box, $1 to I.5o " Neliis pears, box. . z.5o Florida oranges, dozen.... .30 Large bananas, dozen.... .25 Fancy lemons, doz........ .20 Jersey sweet potatoes, 6 lbs .25 Cape Cod cranberries, 2 qts .25 Don't forget that we will have the finest lot of poultry, game, ish, Oysteas, imported celery ettuce, radishes, parsley, mush ooms and cucumbers ever shown n the city for the Thanksgiving inner. CAN'T USE ALL OF IT The .mnN Waitr OCmeay Must Let OU~as Haw A Chane at the Watis do Lyn. Clrk. IMPORTANT SUPREMI COURT RULING The Cmst aIll Ikseol Bend Cau, a Legasy That Was Void and a Paersntal Contet. Four opinions were handed down by the supreme court yesterday. The most Jmportant, in a general way, was that In the case of Rachael Ei. Creek, plaintiff and appellant, vs. the Bose man Water Works company, defendant and respondent. Plaintiff sought to en join the company from diverting all the waters of Lyman creek into the reservoir and then to Baseman for the use of the people there. She claims she is deprived of the use of 100 inches of the water of the creek which she had appropriated In 1884 for irrigation and domestic purposes. The iuseman Water company claimed the exclusive use of the waters of the creek as suec crssor to L. B. Lyman, who approprt ated all the water in 1864 for his land; that this land afterward became the property of the company, and that all the waters of Lyman creek are needed by the Boseman Water company for its own uses and purposes. The trial court found that the Boseman Water company was the owner of, and en titled to the use of all the waters of the creek above where the company's ditch taps the creek, for the purpose of supplying the people of Boseman with water, or for other useful or beneficial purposes, and that Rachael E. Creek could appropriate only such water as arose between the lower min inR ditch of the company. Justice Harwood wrote the opinion of tim supreme court and the other membeil concurred, The opinion says that where several Individuals, In suo cession, have, pursuant to law, ap propriated and acquired right to use the waters of a creek, for beneficial purposes, such as the Irrigation of their respective farms, the first ap propriator, or his succeessor, after sub sequent appropriations have been ac qulred, can use the waters appropri ated by him for his individual uses, but can not In addition, after his Indl vidual use has been sufloed, convey the waters of the creek entirely away fromts usualchanneland sell the same to the inhabitants of a city for their use, and thereby, without recompense, deprive the subsequent appropriators of the use of the waters of the creek. "The right acquired by an appropris tor to the waters of a natural stream," says the court, "Is not Ownership of a running volume of the dimenelons claimed, Ilike the Individual ownership of a chattel, so that it may be trans ferred corporally and oarrled away; but the right acquired by the appropriator is the right 'to use' a certain quantity for necessary and beneficial purposes, such as supplying household needs, and the carrying on of some useful industry; and when such want Is supplied, or the use is subserved, all the rest of the creek, and all that returns thereto after such use, is subject to appropriation and use by another for some beneficial purpose. The same volume of water may therefore, in Its flow down the creek, supply many persons, even though the first appropriator claims the whole volume, and can at times, or even constantly, use the same for some in dustrial purpose, because such use does not usually swallow it, but leaves it available to others. "By such an appropriation the first appropriator does not acquire a pre emption of the whole creek, so that be, or his successor may, after enjoying the use of it for some benefeliaell purpose, convey the creek away and cut off sub s quent appropriators. Therefore a su squent right to use the same water, or so much of it as returns to the oreek, and to use the waters of the creek when the first is not using the same, may be acquired. It is well understood that a creek in these mountainous regions, flowing a volume of 360 Inches. would sufice to Irrigate more than one small farm; not only so, that there are con slderable periods when a farmer does not Irrigate his crops, .while the water in an adjacent stream, which he is en titled to use, so far as his needs de mand, flows on forever, and Is subject to the use of others. "It has been held that an appropria tor of water may change the use of his appropriation from one purpose to an other. But it has never been held in this state (nor are we cited to like hold Ing elsewhere) that after an appropria tor has used the water sumciently to answer the purpose of his appropria tion, he might take the waters of the stream remaining which he could not use for the purpose of his approprla tinn, and sell It to other parties ,thereby depriving subsequent appropriators of their right to use the same. That is what defenpdnt has accomplished in this case." The judgment of the lower court is reversed and the case remanded for new trial. In the case of the state Of Montana ex. rel. James T. Stanford vs. school distrlct No. 1, of Casmcde county, the supreme court reverses the judgment of the lower court. Stanford sought to restrain the issue of 80,000 worth of school bonds. A demurrer to the com plaint was sustained In the Cascade county court. The supreme court, In an opinion by Justice DeWitt, the other members concurring, holds that the published notice of the election for the bond issue submittd only two propost tione, the amount and purpose of the bonds, and neglected to state the rate of interest, the time payable and the time redeemable, as required by law. The propositons omitted the court finds material and vital, and not simply needless formalities. These three impor tant matters the people never had a chance to pass on. Hence the reversal of the lower court. Justice DeWitt also wrote the opin ion in the matter of the estate of Char Inotte RSchmidt. It was an appeal of thaHome Mission Rociety of the fehrman Lutheran church from the district court of Lewis and Clarke. Less than thirty days before her death Mrs. Schmidt made a will, giving a few hIgacles, Including $[)O to the Home Mission society, the residue of the en tate going to her son, Albert lrcn singer. The latter protested against paying the $600, as the law declares legailes to charitable or henevolent Co cidtles void if made within thirty days of death. The suprme court holds that this bequest was void under the law. and the money went to the residuary legatee. Itrensinger. Hut because the will contained one void bequest was not ground to attack the whole will. The Judgnment of the lower court is affirmed. Chief Justice Pemberton wrote the opinion of the court In the case of the itate of Montana ex. rel. Joseph L. (tlroux vs. Iteherca Qo(roux. On July 17. 191,. Joseph L,. Oiroux and Reberca G(iroul were divorced in Artsons. The mother was directed by the decree to give the Infant child. (eorge I. Olroux, to the father. The child was at the time in Montana. Prior to the divorce the couple had made at written contract as to the distribution of their prop erty and the custody of their chil dren. Ity this agreement the infant tOeorg was given to the father. The latter gave the power of attorney to ont Nnthorst, authorlrlin him to get the infant and deliver the child to him (Joseph Olroux). The mother, then in Montana, refused to give the child up, and habeas corpus proceedings were begun to obtain custody. A motion was made in the lower court to dismiss the matter because the petitioner had no rtbAt to bring the action. The court dlemlseld the proooedlnus, sad an appal ' . -ken, The aSptrene nourt luil, h horst was the duly appolnted at, of JoepOh Olrt, and had the . .. qila POe oelio of the Infanlt he lower court i re versed and th, cs'ue remanded with In structions to overrule the motion to quyah the writ. - 1TJOK TIC IO )Yb AWAY. And the Law Will Be Invoked to Get Them Baok to Their Mother. Nancy E. P'lrtl has filed complaint In Judge (sage's court charging Wm. Corbly, her son-in-law, with kidnapping. Mrs. PIrtle and husband have been separated since last March. The two have not been divorced, but Mr. Plrtle simply left his wife, and sinnce then she has been main taining herself and two children, John and Thomes, aged eleven and three years, re ispeetively. She has also a daughter about sixteen years old, who is married to Mr. ('orhly. Mrs. Pirtle's home is on Pine street. Not long ago she got work at East Iiel ena and went there, leaving the children with her mother. Last Thursday, while Mrs. Pirtle, the mother, was at East Hel ena, Mr. C(orbly, her son-in-law, went to het house and secured the two boys. lie told the children's grandmother that he wanted to take them down town to gel them some new clothes. He said he would buy the smaller boy a new cloak, and the elder lad a pair of shoes. The children were allowed to go with him, and that was the last seen of them by the old lady. They did not return that night, nor the next day. The grandlmother stpposed the children were with their sln ter, and did not worry much about their absence. Finally she learned that Mr. C'orhly, his wife and the two children had left town, and on Sunday she telegraphed the mother. fMrs. Plrtle came on from East Helena as quickly as possible. She learned that 'orbly, his wife and the two children are now at Eldorado, Kansas, and yesterday she made the complaint against her son in-law. The governor will be asked to grant a requisition for Corbly. If the gov ernor does so, an officer will probably be sent to Kansas to bring him back. OFF FOR IIEADQUARTERN. Col. Mineor, With the Tenth Reglment Band, Arrive in Helena. Col. J. K. Mimner, with the Tenth regi mental staff and band, arrived from Fort Custer on yesterday morning's west bound Northern Pacficn express. The band formed at the depot and marched up town to the corner of Broadway and Main, where they gave a short but very enjoy able concert. The band, in charge of Lieutenant Umith, left on the Great North. ern shortly after noon for Port Assina bolne, where they are to be satiUoned. There were several care of baggage and horses transferred tfror the Northern Pa olfic to the Orett Neorthrs. CoL Miºer. with his wife, remalned ever ln Hleas. They will mnake but a aet stay bege be fore leaving for Port Asglabolae. This trwangr of the tigimentWl head quarters a4 band of the Tenth cavalry reduces Cuat from a aS to a oseoad class post, and will leave but one ooem pany of the Twenty-flfth Inltatrp nad four troope of the Tenth eavairy at itst post. A Sig Strke In In Frlbwrwg. One of the most phenomenal strikes ever made in Montana Is the one just made by chaeffer & Tletien in the Frleberg. They have been working on a tunnel for some months and when the rich ore was reached they were 100 feet from its mouth. The strike is a body of ore about eight Inches wide and averages 7,000 per ton. It is free milling ore, and as they have already drifted on the lead some eighteen feet, they think It must be a true Assure vein. They are employing a large force of men and are working two shifts. Mr. Titden to an old timer and an ex perlenced mtling oman. It is largely due to his knowledge and experience that the mine has been developed. Change of cars and waiting at junction points for through trains constitute one of the chief annoyances of passenger travel, hence the popularity of the North ern Pacific, which runs through cars, and through trains. direct to St. Paul, Mlnne apoH., Spobane, Taoora and Portland. without change. Union Panlfe 9ystWm. Overland train leaves Helena at ':I a.. m. daily for Salt Lake. Denver. Portland. Ian Prancieso. Omaha. Kansas City, It. Louls, Chicago and all eastern points. Overland train arrives at Helena at :O p. m. daily; through Pullman and eeson. lst sleepiag car; elegant ghair an4 din. ing cars. For further Information, maps, folders, rates, etc. call on or addreess H. 0. OWilson. F. P. A. Helena Mont. Do net overlook the opportunity of e-. curing a fine suit or overooat while the cutter from the M. J. Connell company, of Butte, Is remaining at The Helena hotel. The Bee Hive leads in low prices. OlGve them a calL Only Two Days More. Please call Monday and Tuesday at The Helena to select your suit and overcoat from samples and stock of the .M. J. Con nell Co., Butte. Henry Nelson, the cutter. I. here to take your orders. We live you a try on and guarantee satisfaction kt less than eastern prices for same class of work. The Bee live will continue their bar. gain sale on blankets for this week only. Call and see them. Buy the Universal paper paterns. They are the best. A Delightful Trip. Via lalt Lake and Denver to Chicago and the east. A dip in the great Balt Iake or a few days' visit at t Manltou springs, situated at the foot of Pike's Peak, cannot be equaled on this conti nent. Pullman dining ear route. For rates, etc., call at the Union Pacific ormoe. No. N North Main street, Helena. H. O. Wilson. Passenger Agent. You can buy a dress pattern at the Bee Hive with linings included as cheap as the price of cloth. Mr. Henry Nelson, cutter of the tailor ing dleparlment from the M. J. ('oi'nell company, of Itutte, II now at The Hlr'ena hote.l with a (fll line of nmnple, of imltolrt cd clothe ian will show the I nest* line of goodis for men's suri solnd overcouts in the west for the next few dIyr. jDust Is one of the chief annoyances of a transcontinental trip, but the Utreat Northern is entirely free from it; the roadway is stone ballast. W*om.'ll~ o at iti %V..,I. Uarnet ('amp lft mreta evelry Ttu'leray at A. (0. I'. W. hall at 7:1) o',ilolk. ltnslnreo of Impuortafl.F tIilght. All nimemers requerte'd to~ ba pr~mecIt \'IdtlnR Nelchhor$ rnrdlnl I tn'lled. JOHIN HAKER, C. W. V. P'AI)ELLIAN, Cleck. Kantama Lodge No. I.?. O. 0. eet..r~r 'l&ri·a 40 larrneAlaaol'oýUfUI IikII No ill h" held at (k14 ·Luuw DIe. ( bbom .tree intrmmoe) W tide swalln. \lltting mer~nre -. ordl*Ily weleootne 'AVID IKENAN. N.U. EMIL KLUhU I teglOta. Ivy Ledge No. 24, K. of P. Me et. q gTn"ay. A £egular in 'ola "t them bve :oile will be hll tIhl. (Iid.a "eJ~athmet l bel. w eerdlall o al A: TK , C lL) L a a KNOWLEDGE Brings comfort and improvement and ewnls tco leronal enjoyment wlhn rightly used. The many who live bet ter tlhan others and enjoy life more, with less expenditure, by Imore promptly adapting the world's Ibet prrducts to the .news of physical being, will attest the value to health of the pure liquid laxative principles embraced in the remedy, Syrup of Figs. It e.xc.llence Is due to its presenting In the fIrm most aceepttblhe and pleas ant to the taste, the refreshing land truly beiliciallI pIropsrties of a le'rfect lax ative ; fTlictually cleansing the system, disx'lling ol.ds5 leadache. anid fevers and I..ranently .uring eonstilation. It ha,. giveil satisfaution to millions and mnet with the approval of the, medical profeision. Ixns(tuse it arts on the Kid neys, Iiver and Hlwels withr.ut weak ening tilem and it Is Iperfectly free from every objcetionable substance. tyrup of Figs Is for ruthi by all drug gists in W0 cent bottles, but it is man utf.turedl by the California Fig S.yrup Co. only, whmoe name i is rint l4 on every package, al,. the name, Myrup of Figs, and being well Informed, you will uot c.ept any substitute if offered. WE ARE Making new friends ,every day by selling The Lewis Underwear. THERE HAS NEVER BEEN ANYTHING SOLD HERE THAT COM. PARES WITH THIS MAKE FOR A FIRST.CLASS UNDERWEAR. S",WE HAVE RHER KINDS, REED & ) hinrtý - oIRAIG CO. BAILEY . ,OCK. A Big Gut Is easily made with our . . KINIVES Because they are all of best material and workmanship. En - glish, American and German makes. ParcheiD'cheal Drg Co. '4 1" .-r ,- -ty DIGGING AWAY. W. are always "dlgjlng' to tin I new thiag, for the bnellt of our frinnd. I'Par friI. *r. thao who hve. vere bi. se.rl 1 t yiu once. Ilore ai eneugh to eonvlorFi anu no that w.n nuakel I he beat Halti for the Ietat muony sal etwayr plue.. WVALTER & DYLL, ICIHCHANr 'I'TAIIAII. 111. 1 tteeo, 0,.r ftl... true. I14,. Bookkeeping, Shorthand, SCHLTypewriting, E p:wnly lsbel .a Ioudy. Naymbw Ii I. Y. a "d n7 !Iluy ntuk. Call os o0 eddie's MANY I. JAMMMAN. PtlaolmL - XFS. -- X BS. To . uce Our Stock We Offer KEILY'H AlT, BTEEL P'OLItITED PERFECT DOUBLE-BIT AXES 95e EACH. Falls City Double-hit Axes at 75c Each. Wood Choppers' Mauls, Wedges, Etc., at Low Prices. A. M. HOLTER HARDWARE 00, GILGMRIST BROS. DEALERS IN- Lumber, Sask, Doors, Etc Mill Work. of .All FKizd.e. Sole Agents For Rocky Fork Coal. - ICORD n OOD. - rCIT Oi V ICmue lBANi CENTRAL CIOA a1R0 . iT? L.PPIMO R lO. i14 COSTUMES luanud and madu to order. Masque lades, hoards, wigs, e'c Orders Irom atny perr. (t t11 C')Ultry promlp~l filled. Klinsch brdt block. Warren street and b xtth avenue. MRS. M. FULUb( . 6--- 0------------- We Are Inhwtned to THE OPINION V- V- That Groceries are Somewhere near the Economy base and That the assortment Is someowhere near complete line at The Corner Grocery NIONTN AVE. AND RONErY aT. AN OPINION WHICH IS SHARED BY ALL REX F1OUR Btllt Takes the Lead It lsthe Capital Flour ROYAL MILLING COMPANY. Great Falls, Montana Q UAIL that makes your mouth water to look at, to say nothing of having some fixed up on tcast Our Dressed Poultry is the finest on the market Fresh fish received every day. CHICAGO FISH CO., Stevens Bros , Props. Broadway, next to Postolfice. Telephone, 11i. SAMUEL K. DAVIS. SIPECIAAL. Miniing Investment Stocks. IA 'I 1 N a iaiit.&h'. '1'Il,4 T I .ik t. i f ow .ul (tn"~~ 11 11 .11.ls~ ;I tt I nt. y1', 1 'o a L.O'g. cou. nIuLrr 3).III11 None Ruch, ut i hlargul i. Room 26 Bailey Block. The Old International, Il AIN 71 tI.t. II1'.."N I. The old and populalr tntermtIioull Hotel Ii .' a toaUr V br~e4 lthi . the Am rtont and mnrwsen tala ctader t nasiaqetmnl of lar cue I issuer at.. tnrow $t. on. a Day p. I1u310 Meats us (tnts. Illnine room nuder tie meaagement of Chrit Md.s.ekl. 'lbi. ehlbrnt.l Lissa Mie Ylual paet nsed Elegant Pd, 1rai Baths in Connection CLARENCI J. JOHNSON, Architect and Superintendent . .OWEl BULDUIDM MME. C. LAFLEUR. FURRIER, 210 NORTH RODNEY. PARISI i DYE WORKS C. RIMBOUD, PROPRIETOR. French cleaning and dyeing, scouring by French process. 'lush, woolen, velvets and silk dresses, gentlemen's garments, kid gloves, feathers, furs, laces, curtains, silk and woolen underwear and neckties. Satisfaction guaranteed. lul Grand street, near Hotel Helena, Helena, Montana. Not responsible for goods left over two months. Orders called for at any part of the city. FOR SALE. s00 4" . 0410one maRmt LAND-.jgg water right.l100 oree u base, 4- s traw. berries. frame house 1Bn leasejrl Is L sac .-le from sea Hotoa ie o m, lon = 41=. iUI sell the whol or prut. to r Lterw Rues M.esaa. Jackson Music House. THE GREAT SALE OF SHEET MUSIC Will continue for one week longer at 40 Per Cent. Discount And now comes the greatest slaughter in price ot PIANOSever inaugurated in the northwesL We oiler you first the world renowned One of the best and most durable instruments in the market These instruments have been before the musical world for nearly 5 yea.m, and rank among the best as a irst. class PIANO in every respect. FISCHER LITAHL.I D 1140, N PIANOS TONE NrWDArFILITY U'SC II pvIANOS.'