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Ad Weekly .N'ewspaper Wthose Interests are Identified wiitlh those of .N'othern ,.lIoitana and Especially of the ,Millk eRiver T'alley VoL. 1 'MALTA, VALLEY COUNTY, MONTANA, THURSDAY. MAY 18. 1911. No. 5 .. . . .. . . . . . . . . . . ,. . . .. ... . . . . . . . . . . .i . . .. .. . . .. . . . . . .. .. .. .. . . . . ...,. . m JEROME G. LOCKE SHOWS WHERE WATER LAWS OF MONTANA NEED REFORM ENOUGH MONEY WASTED IN LITIGATION,' OVER WATER RIGHTS, TO RECLAIM OVER ONE MILLION ACRES OF LAND Where the water laws of Montana need reform is the subject treated by Jerome G. Looke, a civil engineering graduate of the Montana State Col lege, in his contributions to the first number of the engineering journal. Mr. Locke is a practical civil engi neer who was selected by the federal census authorities to prepare the statistics on irrigation for North Da kota and Montana, and with the as sistance of eight or ten subordinates is just completing this work. His knowledge of the facts about irrira tion in Montana is surpassed by few men and his opinions about the law are worth careful consideration. In part he writes as follows: "Do you realize that there are over 2,000,000 acres of irrigated lands in Montana and that there had been wasted in litigation, over water lights enough money to reclaim half as much more? That the money thus thrown away would build a railroad from Glen dive to Helena? That it would buy all of the irrigation land in the Gal latin valley? That it is more than the taxable property of any one of ten counties in the state? " Summed up briefly, the defects in our Montana law are as follows: There may be a dual systems of law, each based on different doctrine and having no two points in common. The law based on the doctrine of riparian rights is only adequate in cases where the water is not to be di verted from the streamus. The law of appropriation amd priority is all right in theory, but, as it stands on the statute books in Jlottrana today, it too, is inadequate, because it does not provide any suitable system of records, whereby the general public or anyone who is interested in water rights, may find out how much water Is appropriated from the streams, neither can they find out who are the owners of the use of the water. Of course, in the case of adjudicated streams, except in some instances that I have stated, where the court records are in such shape that it is impossible to:get at the real truth of the matter, it is impossible to find out the amount of water that is de creed. If the suit that established the decree is seven or eight years old, the decree rights will have changed hands and been split up so many times through deeds with land that you can hardly determine to whom they do belong. Another thing, after thedecree has been hand ed down, owners will make more fil ings of flood waters or claim the same by having applied them to ben eflcial use and there is absolutely no way to get at the proof of the own ership. But the great weakness in our law of appropriation and priority is, as before set forth, that there is no one to say when the owner has ap plied the water to a beneficial use, Alr how much he has so applied. Granting now, that our present law is inadequate and that it results in useless and costless litigation. Can it be remedied? It can. Arizo na, Colorado, New Mexico, Nevada, and Utah have formulated such laws so that practically all litigation is eliminated. Water rights when es tablished are recorded the same as deeded land. There is no good reason why Mon tana should not follow in the foot steps of some of her more progress ive sister states, Let me outline the kind of a law we should have, In the first place, the State, in coun ection with the Water Resource Branch of the U. S. Covernment, should estab lish gaugings of all the streams and determine the available supply in each. This work is now being car ried on in a very limited way by the Water Resource Branch of the Gov ernment, aided by scanty appropria tions made from time to time by the Legislature. Both the State and Government appropriations for tlh. purpose have been too meagre to accomplish any great amount of work and as a result, the informa tion has been worked out for only a few of the larger streams. Second, the state should determine tihe rights acquired by all parties to the use of waters- within the state. Third, the State should define the use of water and divide it into four classes, namely; (1) domestic use. in cluding use for municipalities; (2) for railroads, to be used in their ope ration; (3) for agricultural purposes; and (4) for power purposes. To The Ladies Those ladies who contributed edi bles to the Eagles' supper and who have not yet received their plates, bottles, etc., may get same by call ing at the Enterprise office. Home Talemnt Play "Valley Farm" a domestic comedy in four acts, is in preparation by home talent and will, when ready for presentation, be given at the Malta Opera House. The cast of charac ters will include a dozen popular Maltaites. Mrs. William Griswold is a patient at the Munson Hospital. J. E. Arnot of Glasgow, one of the directors of the Malta First Nation al Bank was a Tuesday visitor in our city. Joni Ebaugh, the rustling hide and pelt buyer, shipped a car load of his line of goods to Minneapolis Tuesday. Your money's worth of wear in ev ery Kingsbury lat you buy, and for linish and style they are up to the minute. Edwards & McLellan. Albert Heiertz ot Minneapolis, ar rived in Malta Saturday and will spend the summer with his sister, Miss Christine Heiertz, at her home stead on the North Bench. St. Mary's Guild will meet with Mrs. Edw. White Wednesday after noon, May 24th. As this is the an nual meeting of the society, all mem bers are urged to be present. Mrs. Fred Hall left Tuesday morn ing for Missoula to visit her sister, Miss Alene McGregor, who is one of the University graduates during commencement which occurs the first week in June. Mrs. Ole Veseth and children, Mr. and Mrs. Eugene Laird, Miss Mabel Peck and Cody Caldwell autoed to the Dodson dam last Friday after noon in the Veseth machine and re port the crops in the country traversed to be in excellent condition. Representative Pray was last week notified of the establishment of the following new post offices ini Valley county:-Baylor, Mrs. Katharine Henderson, postmistress; Bowdoin, Leon F. Hoag, postmaster; and Spring, with Joseph Erickson, post master. Charles Mater, from Waubay, S. D., reached Malta Sunday and will spend the summer with his sister, Mrs. W. F. Ross at her ranch north east of town. He had intended to break up 50 acres of the Ross ranch and sow it to flax but is now unab le to procure the seed. A family by the name of Ingram were visiting at the home of Frank Murray near Wagner last Sunday. When they started for home they found their little eight year old adopted boy had wandered away from the rest of the children. A search was immediately started for the missing child but when F. C. Pray was in Malta Tuesday he had not been found. It is thought, however, that he has been found by this time or is with some of the new home steaders in that locality. ie itobtern ilackln itu t Under a costly canopy The village blacksmith sits; Before him is a touring car Brokeni to little bits, And the owner and the chauffer, too, LHave almost lost their wits. The village blacksmith smiles with glee, As lie lights his fat cigar, lie tells his helpers what to do To straighten up the car, And the owner and the chauffer, too, Stand humbly where they are. The village blacksmith puffs his weed And smiles a smile of cheer The while his helpers pump the-tires And monkeys with the gear And the owner and the chauffer, too, Stand reverently near. Behind the village blacksmith is The open portal of his shop; The shop is very large in size, With a tiled roof on top And the owner and the chauffer, too. At it were glad to stop. The children going home from School Look in at the open door; They like to see him make his bills And hear the owners roar. And the chaffeurs weep as they declare They ne'er paid that before. Ile goes each morning to the bank And salts away his cash; A high silk hat and long frock coat Help him to cut a dash But the owner and the chanffer, too, Their teeth all vainly gnash. The chestnut tree long since has died, The smith does not repine; His humble shop has growni into A building big and .hie, And it hears "Garage,' above the door On a hugh electric sign. -WILBURn 1). NES.rIT. Another Box Social Encouraged and enthllsed by the success of a social held in Black Coulee school house some weeks ago, the people of that neighborhood will give box social No. 2 next Saturday evening, May 20, and an effort will be made to diffuse more happiness andl raise more money than on the previous occasion. Everybody in vited to come and bring a well filled basket. Proceeds to buy furniture and supplies for the Black Coulee school house, six miles southeast of Malta. Furnished rooms for rent. In quire of Mrs. W. H. Chase. Mrs. J. .J. Skarda of Dodson, was transacting some bnsiness in town yesterday. Fancy Roasts and meat put up in any style desired, Fifth Ave., Meat Market. For Sale: Team, Harness and Wagon. Inquire A. R. McLaughlin, Malta, Montana. Our prices are right, our goods are right, and we are right here to serve you right. Edwards & McLellan. Take a Kodak with you. A full line of Eastman kodaks and supplies at the Malta Drug Store-the Rexall Store. No "Fancy" "Miss Nancy" frills about Sincerity clothes. They have repose without pose, and dash with out "flash"-they are sincere. Edwards & McLellan. Do not forget that we handle the famous Fuller & Johnson farm pump engine. Also their new Multimotor. Will have anew sample in a few days. Garland's Variety Store. Keen Kutter tools were awarded the Grand Prize for superior excellence and quality at the Lousisana Exposition, St. Louis, 1904, in competition with the world. Edwards & McLellan. Henry Rabertory returned the lat ter part of the week from St. Paul where had been for the past two months receiving treatment for his eyes. After submitting to several examinations, it was found that he must suffer the loss of his left eye. Bold Robbery A fellow giving his name as Ed. Murphy and who also went by the name of Collins, robbed the till in the saloon of Fox & Lemon yester day morning about 5 o'clock. The bartender had stepped to the door for a moment and when lie came in he met this man coming from behind the bar. He notified Mr. Lemon who found the cash register short $0.60. Murphy was arrested and has his trial before Judge Brockway this afternoon. Four Harrowings Did It In speakitng of the crops raised last year at the experiment farm near Chester, Professor Shaw says: "I believe that it was the four harrow ings we gave the grain that saved our crop. It was so dry that the grass never got green, yet the yields went from twenty to thirty bushels per acre. The harrowiig were made as follows: When the grain was just comning up; when four or five inches high; when six to seven inch es and when eight to nine inches tall." J. F. Murray has garden peas in blossom. See those Panama hats at Edwards & McLellan's. Mrs. Ira F. L. Coggeshall of Lan dusky, is at the Munson Hospital. Go to Edwards & McLellan's for "Minnesota paints and oils. Mrs. Geo. A. Forbes spent a cou ple of day this week at the Munion hospital. Miss Ida Swenson returned from Great Frlls this morning and left for her ranch south of town. M. 1. Misfeldt and family of Plentywood, arrived in Malta Tues day night and will now reside per manently in our city. Edward Mead of Cowan, and Ever ett Bland, who is visiting at the home of the former, were Malta vis itors Monday and Tuesday. Eugene Laird and family have moved into the L. A. Doores' resi deuce on Front street. Mrs. Alice Gorton has purchased the Laird property and will soon occupy it. One million people are' today using Keen Kutter pocket knives. Edwards & McLellan. Its been a long time since you took her a nice box of candy. Redeem yourself with a handsome box of Liggett's or Morse's delicious choco lates. Sold only at the Malta Drug Store--The Rexall Store. Wlheth buying a hammer, don't hem, lhaw and stammer, Say, "I want a Keen Kutter" and get it. It is made of best steel, it has the right feel; And if bought, you will never regret it. Edwards & McLellan. County Dads Meet The Board of County Commission ers of Valley County met in special session Monday and Tuesday at Glas gow to finish checking warrants, ap pointing township officers, and act ing on road and bridge matters. At a previous meeting of the Board C. Mi. Byllesby was allowed $75.00 dam age for right of way for road and ex penses for moving fence. The mon ey to be paid to him when the fence is moved. PROFESSOR WURST SAYS DRY CLIMATE OF MONTANA IS A BENEFIT BELIEVES IT IS A GODSEND AND GIVES REASONS FOR HIS OPINION. MAKES THE FARMERS CULTIVATE SOIL PROPERLY Everyone in North ern Montana who is dissatisfied with the amount of moisture received should read what President Wurst of the South Dakota Agricultural College said ihi an address at the Northwestern De velopment Meeting at Helena when he was discussing the question of rainfall in the Northwestern States. He spoke in part as follows: "Montana is especially fortunate in having what is called a dry clim ate. "It makes the farmer cultivate his land properly and by being forced to do that, he gets the maximum of results. But there is a larger reason why Montana is fortunate with a light rainfall or what might be termed a minimun rainfall. "IIl those states where there is a large precipitation, the valuable land is always damagedl to some extent by the soil being washed off in the freshets. "Much of the fertility is lost by this washing. Ilere, there is noth ing of that chara-ter to take the iu tritive elements on which the plant life thrives. In Montana, if the far mer cultivates his land properly,- lie will get a profitable yield about on times out of 100. IBut in those states where the precipitatioil is very heavy the crop is often damaged by rains, its culti vtion is hindered at a time when it is most needed, anid lat er, when the grain is developing a sweeping rain stormi often results ill heavy loss to the crop. So w\vhen all these things are conisidered, Monta na farmers have much to bethankliul for that they are blessed with a. chance for 'dry farming'." In speakiing of the importance of harrowing, the Professor said; "lf I were to coime onto your farm and set 750 teams to work for a week hauling water onto a quarter section at the rate of four tons a day. I would then only put on as much wvat er as evaporates ill a week, when there is good moisture content in the soil. A thorough harrowing will stop this evaporation, and save that amount of water." Attorneys Stranahan And Wilson Lock Horns There is a lively dispute on be tweenii the citizens of D)odson alnd Wagner as to the erection of a litti1ng Ilonlument to tie memory of the Davidson-llowe-O'Neal cow. This staid animal was for 01 long time the subject of litigation. After passing to the abode of all cows, the litiga tion continued until Tuesday, when a jury in the District court at Fort Bentou decided in favor of O'Neal. At the trial Attorney St ranahian ap peared for the Howe part of the cow, and Attorney Wilson of this city for the O'Neal part of the cow. Consid ernue the importance of this latter trial, our fellow citizen is granted the use either of the sidewalks or the middle of the streets for the next thirty days. N. B. The milk from that cow cost each of the litigants at least il'ity cents per quart. Wan.ted;-Calf or yearling Short Hlorn Bull. Address, Wm. Speincer, Malta, Montana. Furnished Rooms for rent. Light housekeeping if preferred. Inquire of Mrs. F. Ballinger. Jas. B. Moore and W. Waltman of Cowan; J. M. Brayton, C. S. Row don, John Emerick, W illiam Sulli van, Robert McEwen, Ililda Lind gren, B. W. Brockway of Malta; Walter Shanley of Glasgow; II. M. Kirton, Geo. W. Sproule of Helena; and Milo E. La rock of Three Forks, were some of the people subpoenaed to appear at Helena last Monday as witnesses in the case of the U. S. Government vs. R. M. Reichel. Those from Malta got home Tuesday morning. Services M. E. Church Regular services of the Methodist Church for Sunday, May 21st. Sutn day School 10:00 a. mn., preaching, i1:00 a. m., subject, "Seeing God'.: Glory." This service will be fol lowed by the administration of the Loa'd's supper. Preaching 8:00 p. m., subject, "Way of Salvation." A hearty welcome to all. C. E. Wharton, pastor. Charles Whitcomb Home Again The many friends of Charles Whit comb were pleased when he stepped from the train, on his return from Helena last Friday morning, look ing well and lhappy. Mr. Whit comb's lengthy stay in Helenai was caused by the amputation and treat ineut of his left limb which was bro keni a year ago the 20th inst. in a runi away accident at Zortniu. .l ohn Farmer of 11lelena was riding with Mr. \Vhlitcomlb at the time the team ran away and sustained injuries from which he died a few days later, Mr. Whitconib, accompanied by J. F. Kilduff, Henry 'lott and .John A. T'ressler, started out in the Kil dufll auto for his home at Whitcoimb, but whenl about two miles froni towit near Lyman Barnes' homestead, thIe left hind axle of the machline broke and tlhe trip inl it was at an endl The Coburn automobile was tihen brought in to finish the ijonurnv y Ilbut when it had been run a shorn dis tanice a similar accident occurred to it and Mr. Whitcomb linally linishled the trip to the mountains in a vehi cle drawni by horses. 'The machines were botlh runnming at a low rate of speed else there might have been serious results. Hlowever, as it was, the travelers were only rudely jolted and forcibly reminded of the Streets accident a few days ago near lHelenia, inl which Mr. Streets met his death. In the latter instance the axle broke whetl Mr. Streets was rinning the car at a high rate of speed. It turned turtle, crushing and pinioning him beneat.h the wheels. Cow Boys, This Is For You. After this issue of THEi: ENTE!: I'rsie has been read it is presumed the volume of outgoing maiil from the Malta post otlice will be large. The cow boys of this loca lity ow.e worlds of gratitude to Ott Casady for giving the following letter publicity, for now they all have an equal chance. Should the fair St. Louis damsel, from the large number of letters she is sure to receive, select one as representing her ideal, then wve shall look forward to a romantic courtship and-give it up. This is the letter: St. Louis, Mo., May 14, 'Il. To the Sheriff of Malta, Al outana. DEAR Sit: I amn a St. Louis girl and would like to get acquainted with a nice young cow boy. I am a yo umg gill eighteen years old. If you will please have a cow boy answer this l will thank you very much. Hoping to hear from one soon. I remain, Yours truly, Miss LILLIAN G 1i n31, 2544 N. Market St., St. Louis, M1o. _ .$-o.,1- ---- Mrs. John Kidder of nlasor. City, Iowa, is a guest at the home of her sister, Mrs. 1. M. Raymond, on the South Bench. Mrs. Kidder is on her way east after an extended trip to Denver, Salt Lake City, and Spo kane. IIer visit at the Raymond's is of unusual interest for the sisters have not seen each other for nine years. The Iowan is very much pleased with Malta and Montania generally and is enjoying the country very much.