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VOLUME XIX. County Notes. I From the Holly Chioftianl The Santa Fe construction force has finished the new passing track and are now at work rebuilding the old one which had become very much delapidated. • • • The First National Bank began business under that name on Mon day. President W. O. Gould came down from Lamar to see that the new bank started off all right. * * • The Odd Fellows and Rebeccas who attended the celebration of the anniversary of the order at Lamar last week reported a splendid time and were loud in their praise of La mar’s hospitality. They wore given the best to be had and came home with the friendliest kind of feeling for the people of that town. • • • We are informed that the Santa Fe is making soundings in the Ar kansas river where the road crosses at Byron with a view to building a new bridge, and making it several feet higher than the present one, so as to be out of the range of the floods. The experience of the past few years would indicate that it would be a paying investment for the company. • • • The annual discussion in regard to the peach buds is now on. The opinion that they have all been killed is strongly urged and is quite popu lar. In the mean time the majority of fruit lovers will have to wait until about the first of June before learn ing anything definite on the subject. The fruit bud prophet or expert is really a somewhat useless luxury. • • • [From the Amity Optimist.] Misses Lille and Elsie Blosser left Monday on an extended visit with relatives and friends at Holton, Kan. While the ‘young ladies are enjoy ing their vacation they will be great ly missed by Amity’s social set. «** SWIFT BAIX. Sunday morning the Amity ball team played a swift game with the beet ranch boys on their grounds east of town. The Amity lads come out of the fray much better than in the previous game played, the score being 28 to 20 in Amity’s favor. • * * J. M. Miller and family, of Adair county, Mo., are among tne new ar rivals in Amity and have decided to locate here permanently. He has opened a blacksmith shop and at any hour of the day can be heard the ringing of his anvil. Mr. Miller comes recommended as a first class mechahic and we predict success in his new venture. County School Notes. County eighth grade graduation at the opera house in Lamar, Thura day evening, June 15. The directors of the Clay Creek school, district No. 12, are having the school grounds leveled, fenced and planted to trees. District No. 34 voted at the annual meeting to build a new school house, 32x42. A special levy was made for building and no bonds will be issued. Carlton, district No. 9, voted a levy for building purposes and will erect a new building next year. This is an action that has long been need ed. The consolidation of rural schools is being earnestly agitated in several districts northwest of Lamar. If the plan is once tested in the county consolidation will soon be the mle. Imperial, district No. 31, voted to add another room to the school. Two teachers will be employed next year. This school is located in one of our most thickly settled rural commumi ties. Teachers are enrolling for the Normal Institute. Names and fees should be sent to Instructor Mornyer of Granada or left with the county superintendent. The Santa Fe has granted a rate of one and one-fifth on the certifi cate plan, to Lamar for the Normal Institute, June 5 to 10, from all points in Prowers, Bent and Otero counties. Dates of sale June 4,5, 0, 11, 12 and 13 with return limit June 16. The Lamar Register The Finishing Touch of a Man’s Education is EXPERIENCE and the more experience he has, the more finished his education. So it is in the drug business. Years of experience, added to a thorough knowledge of pharmacy, make a druggist more and more proficient, and in the same proportion add to the safety and accu racy with which Physicians’ Prescriptions and Domestic Recipes are compounded. THE UP-TO-DATE DRUG COMPANY The largest institution of its kind in the Arkansas valley. Postoffice Building, Lamar, Colo. The Arkansas Valier. Local banks report that the last Santa Fe payday was a hummer, a greater amount of money being re quired to cash the checks presented than for many previous paydays in the history of La Junta. The total amount disbursed, including dis charge checks, exceeded $50,000. The payday disbursements will prob ably increase with each succeeding month for some time to come. —La Janta Tribune. • • • Las Animas is organizing a local building and loan association. This is the proper thing to do, every town in the valley should have one, and save its citizens from the Den ver hold up concerns. . • • School elections were most dis tressingly quiet all along the valley, there being no contests at any town, and at Rocky Ford they had to ad journ for three weeks to find a man who would run. • • • Two Santa Fe section houses were burned in the valley last week. It is sad to boo the company lose mon ey like that, for you don’t know how much of it they will make up on your next freight bill. . * * The new government irrigation scheme is causing quite a rush to Garden City, over sixty home seek ers were looking up government land there, one day last week. • • • The southwestern Kansas counties are getting ready to vote railroad bonds just as they did in the days of ’B6 and ’B7. It is fortunate that the laws af Colorado prevent our people from making such donkeys of themselves. No railroad that is worth having will go through an un profitable section just to get a few thousand dollars in bonds. Tde score in a game of base ball between La Junta and Rocky Ford “star” nines was 26 to 18, and some of the local papers say the pitching was the feature of the game. We should think it was! Water Loaning Decision. The most important decision hand ed down by the new supreme court was a construction of the irrigation laws of 1899. The suit was brought by the Fort Lyon Canal company, OFFICIJIL ITE'OTSPXPEH or PEO'JXEB S CC.XTITTT LAMAR. PROWERS COUNTY. COLORADO, WEDNESDAY. MAY 10, 1905. which operates in the Arkansas Val ley, against E. R. Chew, the engi neer of division No. 2, at Pueblo, and several senior and junior appro priators. The plaintiff company contended that the law was unconstitutional. They were supported by the district court of Otero county. The supreme court in the opinion writteu by Jus tice Campbell holds the law constitu tional and makes an elaborate con struction of the act, which is con trary to the oonstruction placed on it by the water commissioners and the lower courts all over the state. Chief Justice Gabbert and Justice Steele concurred. Heretofore the water commission ers have construed section 2 of the act of 1899 regarding the loauiug of water by a senior appropriation to a junior as the meaning of the act. The court upsets this construction Senior appropriators when they had no use for their water have loaned it to juniors, according to the notices provided in the statute. Tne decis ion of the court is that this cannot be done by the senior companies be cause it prejudices the rights of the intervening junior appropriators and in effect extends the time of the sen ior appropriator over that ot the next junior. The court holds, however, that if the senior appropriator lends to a junior water which he would and could under his appropriation use himself then the loan is legal. But if he has no further use for the water which he seeks to loan such a loan is illegal. The gist of the opinion is succint ly set out in the final paragraphs which follow: “■An appropriation of right to use water for irrigation cannot be per fected in this state until, among other things, there has been an act ual diversion of water from a natur al stream and within a reasonable time an application of the same has been made to a beneficial use. The appropriation must be made in con nection with some particular tract of land, and though it be not essential to its continued existence that the application shall be forever confined to the identical land for which the diversion was made, yet, so long as the water is used in connection with this land it cannot be made to do duty thereto and at the same time or in the same season be used for the irrigation of some other tract, as against the rights of other appropri ators which have heretofore attached. Such being the law of this state, when such exchanges or loans are made, or attempted/to be made, they ought not to be p&uittted, if at all, nntil the parties necking their bene fits have clearly established that the alleged qualified right has been ex ercised in each away and at such times and in such circumstances that the vested rights of others are not injnred. “The general rule is that when an appropriator has not present need of water for irrigating his lands he must not divert it from the natural stream, but it is his duty to let it How in the natural channel to be enjoyed by other appropriators, hh their num erical priorties entitle them. If a senior appropriator who bits not such need for his own land may diaregar I the usual rule and | ass over one or more appropriators who are juniors to him and confer upon other appro priators, who are tnior to those ig nored, his senior rignfs, it is his doty to show tie* facts that justify the departure.” La* Animas Lead er. Roosevelt as a Democrat. Senator Newlau Is was not far out of the way when he declared that the election of I beodore Roosevelt was a triumph for the democracy. Any political event that results in great and vital good for the country is beneficial to the great parties of the nation. A president is bound to be a g">d demorat and a good republican. He cannot be one or the other exclusively, and be great. The parties have too much in common for a sound chief execu tive to boa strict partisan. Mr. Roosevelt recenti; declarer! that 95 per cent, of the actH of an i d ninis tration had nothing whatever to do with partisan politics. And no oth»r chief magistrate f the United States has been more successful iu the per formance of Ins luties as president of all the poop's thau Theodore Roosevelt. The distingui bing qualities of Mr. Roosevelt’s administration have been foresight, courage and aggres siveness in the enfor* ment of the laws. There is neither favoriteism nor persecution in his policy. He would have all men, rich and poor, republicans and democrats, employ ers and employed, obey the law and have the protection of the law. There is no politics iu “the square deal.’’ The strictness of the Rooseyelt policy is something of a departure — a most wholesome departure —in the administration of national affairs. The best evidence that it meets with popular approval is that it has arous ed the opposition of some politic a s within the pr« sldeut’s party and in spired the admiration of hosts of democrats. It m**ets with the ap proval of the masses eveiywhere. Senator Newlands urges democratic co-operation with the president in those things that are common doc trines. And this support may be given not with loss to democratic prestige, but ruther to its enchance ment.—Kansas City Times. A Question of Simple Justice. Congiessinan Townsend, fatber of the railway regulation bill, wbicb is supposed to be approyed by the Roosevelt administration, recently made a speech in which he said, among other things: “Wedouot ask wholesale reduc tion in rates —that is a bugaboo of ihe railroads. What we do desire is h just aud reasonable rate when the rates aio challenged. The only right the government has for grant ing any concession or privilege to a corporation or an indivdual is when it is for the general welfare of the people. These rights were granted to the railroads under the common law and the right was reserved to see that the corporations were conduct ed for the benefit of the people. The constitution protects these railroads, as it says they shall not be compelled to operate at a loss, and that no act which is confiscatory shsll be committed.” Mr. Townsend’s views may be ap plied to the Colorado situation. All that is asked is a square deal. Sim pie justice is the demand, aud as Mr. Townsend says: “The State that is powerless to provide it is a failure.” A Good Law. One of the meritorious measures enacted by the late legislature is the act requiring itinerant vendors, ped dlers and agents of all sorts to take out a state license at a cost of $25 and execute a bond for SIOO. In addition the peddler must take out an additional license in every couu ty he invades. Now see that it is enforced to the letter.—Telluride Journal. Try our l&oot Beer finest in town Mc- Lean Bros. Epoch-Making SHOE If you condense the last ten years into paragraphs describing woman’s progress, one of these would be ‘Queen Quality^Shoes." They are worn today by thousands of women who find in them the Exact Duplicate of a Custom-Built Shoe.— the same materials, fit and style, only at less cost. The best expert cannot tell the difference. To all appearances it is a custom shoe to ordered measurements. Try it once Boots $3.00 Oxfords $2.50 Special Styles 50c extra Past Color Eyelets used exclusively Our Queensware Department Is complete and up-to-date. You can find just what you were looking for. Come and see for yourself. Our Prices Are Right CHURCH BROS. & EVERETT jA Cole’s Hot Blast Stoves Latest Improved Heating and Cooking Stoves are found at JS§ CARL BROS. ' J 'Also Carries a Large Stock of Furniture, Hardware, Tinware, etc 8 Pages NUMBER 48.