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THE ARIZONA REPUBLICAN: WEDNESDAY MORNING, OCTOBER 10, 1894. Hardware. E2S 203 miMiillllll II ll'l" A Full Stock of Hard ware at EZRA W. THAYER'S. THE QUAIL SEASON Is now here. He sells that new smokeless Ammunition and rents a good Gun fo 50 cts, a day. OPPOSITE CITY HALL. PERSONAL. H. M. Alexander of Sacramento, a brother of Judge H. N. Alexander, has recently arrived in Phcenix. Guests at the Lemon yesterday were : Wm. Hinton, Minneapolis; R. H. Con nors, Tucson, and J. Humbrig, Los Angeles. There were reentered at the Gregory house yesterday Edward C. and Wm. Schlosser and Jacob Bisel of Williams port, Ind. Maj. John A. Black, the leading Tuc son jeweler, returned home last night after a brief visit to Phoenix. Maj. Black may conclude to locate in this city. Commercial hotel guests yesterday were Lewis Wolfley, Tucson ; W. A. Wilson, Kansas City; R. N.Cotton, Chicago ; W. L. Zeilin, San Francisco; L. Martin, New York. M. W. Messenger, the Republican candidate for county treasurer, left yes terday morning for the northern part of the territory on a political tour. Mr. Messenger has until now been so busily engaged that he has bad no time to make a canvass. THE RIGHT OF WAY. An Interesting Subject Discussed by an Intelligent Lawyer. When one person has a right to pass over the land of another, this right is called a right of way. There are three methods by which this right can be ac quired: First, by purchase or land grant from the owner of the land; Second, by long-continued use or pre scription; Third, by necessity. To ob tain a permanent right of way by the first method, there must be a complete deed of it, with all the formalities re quired in the deed of theiland itself. It is such an interest in the land as the law requires to be by a deed. If the bargain was an oral one, or even in writing, if not in the form of a deed, it would pot hold. It should be granted under seal and acknowledged in those states where the law requires a deed to be sealed and acknowledged. A right of way is acquired by pre scription by an adverse use for 20 years. In some states 15 years or some other period is the time needed. By adverse use is meant a use under a claim of right. If used by consent of the owner of the land it will not be sufficient. If one - person allows another to pass over his land as a favor, this permission will never ripen into a legal right which the owner of the land cannot put an end to. The way must have leen used in an open, peaceable manner and continuously during all these years. Its use must have been an uninterrupted one, but not necessarily by the same person. It is sufficient if by the owner of the es tate, for which the right is claimed, continued frpm seller to buyer, or from ancestor to heir. When the right is once acquired it continues to belong to the estate in favor of which it exists, a.nd is called an easement in the land of the other. A way by necessity arises when a land owner sells off the back part of his lot and there is no legal way by which the purchaser can get onto his purchase except by passing over the remaining Awarded Highest Honors World' Fair. MOST PERFECT MADE. A pure Grape Cream of Tartar Powder. Free from Ammonia, Alum or any other adulterant 40 YEARS THE STANDARD. 'OR' If""!! land of the seller. He has then the right to pass over this remaining land to go to his own so long as the neces sity exists. If the purchaser buys some adjoining land over which he can get out to the highway, ur if a new road should be opened to the land, the right of way is ended, although the new way may uot be so direct or con venient as the old one. It is said to be a poor rule which will not work both ways. So if a landowner sells the part of his land nearest to the street, and there is no means by which the seller can get out from his remaining land except over the part sold, he has a right to pass and repass for that pur pose over the land sold, even if he has conveyed the property by a deed war ranting it free from all incumbrance. I'nless the extent of the right is de fined in the deed conveying it, it must be exercised in one place and in a rea sonable manner. The owner of the right cannot go just where he pleases over the property of the owner of the land. Generally the land owner can designate where the the way shall be, and it ueed not nec essarily be the shortest or most con venient route. If the landowner does not designate the owner of the right may select his route, but should do it in a proper place, with reasonable re gard to the interests of the owner of the land. When the right has been acquired by prescription, it must be continued in the particular place where the claim was used which has become the right by user. In fact, a claim to wander at will over the prop erty of another cannot become the foundation of a legal right. When the person owning the right has selected the place for his right, he cannot change it. but if it becomes suddenly impassable or if it becomes obstructed he may deviate from it, passing over adjoining land, but doing as little damage -as possible, till the place is made passable or the obstructions re moved. The owner of the land is not bound to keep the way in repair. His duty is ended when he allows the owner of the right to pass. The owner of the right may repair it himself, and remove all obstacles to the use of the right. The owner of the land may, in the absence of any agreement to the contrary, erect suitable gates and bars at ,the entrance of the way, and if so erected the person using the way must close them after they have passed through. If they do not they are liable for all damages done by reason of cattle es caping from the land or cattle coming on the land from the outside. In the case of a right gained by pre scription if it was acquired for some particular purpose, as for carting wood from a wood lot. it cannot be used against the permission of the land owner for other purposes, after the wood has been cut off, if it increases the travel over it, or the burden of the way. A right acquired for passage on foot does not carry with it a right to go with a team. The use of the right is not confined to the owner of the ad joining land, but can generally be used, if not limited by any of the prin ciples above stated, for ordinary ac cess to or from the property. Such a right is not generally a personal right, but passes with the estate to which the right belongs, from one owner to another. Urange Judd Farmer A CURIOUS PROVISION. One of Nature's Ways of Protecting Her Own. "Nature has wonderful ways oi guarding against the extinction oi species," said a Wichita (Kan.) man to a St. Louis Globe-Democrat writer. "The manner in which the eggs and young of the prairie chicken and other ground-nesting birds are protect ed against their numerous enemies is specially curious. Their escape is at tributed by the majority of sportsmen to the alleged fact that in nesting birds the scent which is given out at other times is suppressed. In proof of this statement the fact is adduced that dogs, even those of the keenest powers of smell, will pass within a few feet, or even a less distance of a nesting pheas ant without showing the least sus picion that game is near, if only the bird is concealed from sight. This would seem to be pretty strong evi dence, but some naturalists refuse to be convinced. They reason that se cretions and exhalations are involun tary and therefore cannot be sup pressed by the will of an animal. Take whichever side you will. To me it seems likely that, as the exhalation is involuntary, its suppression during in cubation may be equally so, and both may be accounted for on physiological grounds when the prying eyes of our naturalists are turned in that direc tion. Dog Population of Parts. Paris has eighty thousand registered dogs, says the Eleveur, which means that there is one licensed dog to every twenty-eight inhab itants. Granting that there are as many unlicensed dogs as there are licensed ones, the canine popula tion of Paris is a very large one indeed. The largest number of dogs is found in the poorest quarters. The estimated cost of feeding the eighty thousand dogs is two million dollars per annum, and they in turn afford a living to twenty-five manufacturers of dog col lars and muzzlei four bakers of dog's bread, five factories where dog biscuits, consisting of meat fiber, are made, three special dog pharmacies, a dozen in firmaries and two hospitals. Eqestrian Carnival! Cowboy Tournament AND Wild West Show! 4 Days Performance 4 Every Afternoon and Evening Oct. 25 "28 Lassooing and Tying Down Wild Steers. Spanish Bull Fight. Cowboy Ton rnament. Broncho Riding. Ladies' Flat Race. Roman Chariot Race Saddle Horee Race. Donkev Race. Flag Race. Shooting Glass Balls From Running Horse with Winchester Rifle. Tailing Down Steers. Riding Wild Bulls. Bicycle Racing. Trick Bicycle Racing. Throwing the Bolaz (Three balls on a string is used instead of a lasso by the South American Gaucheros.) .. Small Boy Contest for Horsemanship. Gentle horses used and graceful riding only. By Sixteen Mounted Knights. The Pima Mans' Attack on the Overland by 100 Indians. -V' & 3. r . A Night Attack on the Settler's Cabin. A Living Panorama of Moving Objects ! Over 200 Mounted Men 200 In the arena at one time. Admission, 50c; Children, 25c. A DAILY EXCURSION Will leaving Tempe at 1 o'clock p. m., returning at 8 p. m. same day. Round trip tickets, 50 cents. Program under the direct manage ment of CHARLIE MEADOWS ffili fat Show! Ignoring. PERSONAL The blonde lady accompanied by a little girt who sat behind a gen tleman in church last Sunday, is J informed that he will sit In the same place every Sunday hereafter until further notice, and will wear the suit she admired so much and thai it was made by NICHOLSON THE TAILOR. lioiirclln u:. Happy and Content are the Boarders at the IVY GREEN RESTAURANT. WHY? Because their appetites are first cul tivated to a condition of natural Healihfulness and then regularly nourished and satisfied by choice viands, fresh vegetables and all palatable and wholesome foods in season. MRS. A. WILLIAMSON, Adams StTeet, Between Center and First. Meat Market. 0. K. MARKET. CHOICE CUTS OF MEAT AT LOWEST PRICE. A. WEILER. PROPRIETOR. j Corner Washington and Third Sts. Opp. Lemon Hotel. PHCENIX, AE1Z. BEER And e And all kinds of Fresh and Cured Meats and Sausage. ' Kept in Cold Storage. Family orders promptly delivered. Chas. Kraft, Washington Market, Next the Dairy. Lund the Druggist Cor. Washington and Third Sts., Phoenix, Ariz. NEW STORE, FRESH DRUGS. PRESCRIPTIONS A SPECIALTY. Dressmaking, MRS. M. FORBES, h a " r I QTC Second Street, South oi iwi vwiwi i . Hartwelrs Photograph 1 w 1 Bl- Gallery, is prepared to guar an:ee style, fit and prices. .Ladies wishing dressmaking, cutting and fit ting will make a mistake if they do not call. PHCENIX, ARIZONA. -THlEi- PHffiMX BAKEKY EDWARD E1SELE, Prop. This popular establishment has been refitted and renovated throughout. Every thing in the way of baking STEICTLY JFIRST CLASS All orders attended to with promptness and to the utmost satisfaction of our pat rons. Free delivery to any part of the city. PHffiNIX BAKEKY Porter Blk. E. b. BURLING AM E'S CHEMICAL d LABORATORY Established in Colorado. 1866. Samples by mail or express will receive prompt and care ful attention. Gold and Silver Bullion Address. 1736 aid 173 S Lawreate St.. Denver, Colo. Corral. Burger n N. W. corner First and Adams St. - HEATH, Prop. the old reliable Corral feed corral where teams are well cared forandwhereevery- body receives fair and honest treatment. Dtob Htore. AT BRISLEY'S "Mountain City" DRUG STORE, Special attention is given to country orders. Try us! Send in by mail or otherwise. .... PRESCOTT, ARIZ. pRINTINQ DH Well that is just what we do, and for the next 30MT530 we will do it FOR COST of labor and stock. 331 PER CENT off our regular price , and one-third less than that asked , by any of our pretended rivals. - This is to keep the money jingling and means 5F0T QUH! Tt is impossible to A enumerate all the work which we can do. Below will be found a few of the many classes of print ing executed by us: Blank Books, Bread Tickets, Folders of Various Shapes, Constitutions and By-Laws, Letter Heads, Hangers, Announcements, Posters, Bills of Fare, Reports, Statements, Rent cards Mourning Stationery, Prescription Blanks, Announcements, Commercial Work Wedding Cards, Programmes, Blank Work, Agreements, Rent Cardsr Newspapers Cards Business, Personal, . Contracts, Certificates. Hand Bills, Invitations, Dodgers, Diagrams, Envelopes all Sizes, Insurance Blanks, Admission Tickets, Transfer Cards, Wedding Cards,. Badges, Slips, Shipping Tags,. Sale Cards, Postal Cards, Dodgers, Headings, . Briefs, Tickets, Tags, Etc. TRY US ! THE ARIZONA REPUBLICAN C2. FLEMING BLOCK. You Say?