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TIMES ** if ' 1 " > *î II,) * <"/ * t liW* ■< > i ■ » V ' j t f The Times is the official paper of the city of Twin Falls. The Times is the official Falls county. paper of Twin 'f-O'- - • CWT V' TSTv» VOL. IV, NO. 18 TWIN FALLS TWIN FALLS COUNTY, IDAHO, THURSDAY. JULY 23, 1908. SUBSCRIPTION $2.00 PER YEAR STATE ONLY AGENT IN "CAREY" IANDS of or it Federal Government Grantor In All. Public Lands to of CAREY ACT" DOES NOT HOLD AGAINST A PRIOR FILING U Judge Walters Decides That Coulees Are Not Natural Outlets for Water —Decision in Ditch Case! IN THE. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR TWIN FALLS COUNTY. A. B. Beverlin, Plaintiff, vs. Henry Workman, defendant. This case, at the trial, resolved it self into three questions for determin ation, as follows:— 1st. Has, under the facts of this case, the plaintiff a right of way for a ditch over and across defendant's land? 2nd. Has the defendant a legal right to flow the waste water from his land across the land of the plaintiff using certain natural depressions, lo cally called "coulees" as a means of conduit? 3rd. Has plaintiff an interest in a certain flume situated on defendant's land? • From the evidence it appears with out dispute that plaintiff built and constructed a certain ditch at the trial designated on the maps used as "Ditch B" when the egal subdivision upon which it was constructed was public domain and prior to the date that the defendant filed upon said land. If at the time plaintiff constructed said ditch "0" upon said unoccupied government land, he had initiated or procured'to himself, under the laws of Idaho, a right to the use of water to be diverted or conducted by said ditch, then the laws of the United States give to plaintiff the right of way for such ditch a;id said land with an easement for such right of way, no matter into whose hands, nor how soon, the ownership of the land may afterwards fall. Rev. St. U. S. Sec. 2339- 2340. ' Jennings vs. Kirk, 9S U. S.'453. Border vs. Water Co. 101 U. S. 274. Counsel for defendant seeks to evade the terms of the well known provision of the United States stat utes. by urging that in as much as prior to the construction of said ditch in question the land had been with drawn from entry except under the provisions of the "Carey Act," that perforce the State of Idaho had title in some measure to said land and it was not unoccupied public land and not subject to the section of the Uni ted States statutes above referred to. I am thoroughly convinced there is no merit in this view, and that land segregated from entry except under the provisions of the "Carey Act," and in filing upon which, and in making proof required, a settler deals entire ly with the State, is still unoccupied public domain and is subject to all of the provisions of law relative to unoc cupied public land except as to the manner of acquiring its title and that is regulated by the "Carey Act." In disposing of "Carey Act Land" the ifetional government deals with the settler upon such land through the State and an agent, but the United States is still the principal in the transaction, and the settler gets his title from the government to the State and from the State to the settler. The so called "Carey Act" land is in no wise or manner State land. The next question is, has defendant Workman a legal right to use certain natural, depressions locally designated as "coulees" which traverse the land of plaintiff Beverlin, for the purpose of carrying off .the waste water from defendant's land? The testimony indicated that this "coulee" was not a natural water course, but a depression made by the contour of the land and in which, sur face water flowed during the spring Tains and the time of melting snows. If the "coulee" in question in this case is a natural water course, that is a stream of water usually therein and flowing in a particular direction, with well defined channels and banks, plaintiff's land would not be in.iured by the flow of water in such "coulee" from the defendant's-land, but a nat ural water course does not include depression in the land which con veys water only ip Qie time of heavy rains and water that may accumulate fr^m melting snows. If at the time plaintiff herein selec ted and filed upon his land he found a stream of water flowing across the or a depression that conveyed a same water from some natural source dur ing the greater part of the year, the law will presume that* he so selected his land with the fact in mind that his land wap burdened with the flow of a stream of water, and if defendant's waste water did not so augment the natural flow to an extent that damaged plalnClff, then defendant would have the right in law to so flow the waste water from his holdings across the lands of the plaintiff; hut where, as I view the fact of this case to be, plain tiff's land, in its natural state, was not burdened with a flow of water in said "coulee" only during a few days during the year and possibly not every year; that is during heavy rains and melting snows, then the law' doe» not subject plaintiff's land to the burden of a flow of waste water from the land of defendant, or any other source, during the entire year, or at such time or times as defendaht selects to cause it to flow.' In irrigation one's fields, as in all other matters in this State, a citizen must so use, control and care for his own property that its use by him does not injure his neighbor. If it is a hardship or annoyance to him to be forced to control the waste water from his fields, the law very rightly places this hardship and an noyance upon the author of the act, himself, and does not shift the burden to the shoulders of his neighbor. His neighbor has the right to en joy his own land free from any eas ments or privileges in favor of any one. except such as the law imposes, and the law does not impose any ees ment such as is here sought to be in voked. of such a quantity of waste water by offering testimony that part of this waste water was caused by leakages from the canal and over which he had no control, and for which, of course, defendant is in no wise liable. I find no merit in the plaintiff's third contention that he is entitled to an interest in a certain flume. Judgment will follow in accordance with the views here expressed. Dated July 18th, 1908. Defendant excused the flow Edward A. Walters, District Judge. SCENIC POINTS NAMED Gov. Gooding Designates High Bluffs at Shoshone Falls. During the visit of Secretary Gar field to this city and Shoshone falls, Governor Gooding acted as escort in showing the beauties of the tract. The guests spent a long time at the falls and were much impressed with the possibilities for improvements especi ally with regards to the parking of the grounds around the hotel, which Is enjoying a lucrative trade under the efficient management of Messrs. John son and McCallister. stay oj the visitors by the authority of the governor the two bluffs just above the falls were named, the one on the south side, Garfield point and the opposite one on the North Side McKinley point, also stated that the proposed bridge on the electric railroad should bear the named of the third-martyred president, Lincoln. prise of the Knights of Pythias, in building a stairway. Gov. Gooding named the pinnacle of rocks at the foot of the stairway, Pythian Point. It is the intention of the state to erect flag staffs on the two bluffs just named. During the The state executive As a tribute to the enter PRETTY DOUBLE WEDDING Mr. and Mrs..H. A. Cryder Open Home for Wedding of Son and Daughter. On Sunday evening at the family home on the ranch near Twin Falls two of the Cryder children took their departure from the parental roof and_ embark on marriage-voyage. A very' quiet and simple ceremony marked the marriage of Mr. Harold Cryder to Miss Anna Stiles and Mr. Arthur Clinton Smith to Miss Rhoda Cryder. The marriage service was read by Rev. John Schenck of the Baptist church in the presence of the families of the wedded couples and a few ih timate friends in the parlor, beauti fully decorated with evergreens and cut flowers. After the ceremony a dainty luncheon was served to thç guests in the dining room, which was also tastily decorated for the occas sion. Mr. and Mrs. Harold Cryder will make their home In the city while Mr. and Mrs. Smith will live on the Os bourn ranch. All the young people are well known in Twin Falls where they havç the respect and good will of the com munity who will congratulate them on their embarkation on the sea of matrimony. Monday 'evening a large number of their friends gathered to show their respect, and spent the even ing making merry at the expense of the bridal couples. Vermonters Have Picnic. The Vermont society, composed of former residents of the good old Granite state, now living ' in ' Twin Falls, threw dull care to the winds Tuesday and hied themselves to the Shoshone falls with well filled baskets of good things to eat and spend the day picnlcing and having a gen eral good time. The following are the names of those who made up the Jolly crowd: • Mr. and Mrs. J. H. Seaver and two sons, Chas. E. Colles , W. H. Eldridge, Gordon D. McQuivey, Mrs. H. A. Moore, Mr. and Mrs. John O. Jones,* Edwin Jones, Mr. and Mrs. D. W. Howard, Howard M. Skeels, Jno. H. Copeland, Frank F. Morganson, E. L. Lewis, E. D. Waters, and Mr. and Mrs. H. H. Howe. Mrs. Daniel Turnips«ed returned Friday from a two week's visit with her Bister in Council, this state. ALBA D. CRANDALL DIES SUDDENLY Jnexpected Demise Shocks the Whole Community DEATH COMES AT T1IE END OF ONLY A SHORT ILLNESS Deceased Has Been a Resident of Twin Falls Since 1901 and Is Very Well Known All Over the Tract. The city of Twin Falls was shock ed last Friday morning by the report that A. D. Crandall,'proprietor of the Washington livery stable had died very suddenly at his home in the northwestern section of the city. Mr. Crandall had complained of feeling badly when ready to start down to his office and the fact so worried his wife that she telephoned to him to come home in order that sufficient care could be given him. Mr. Cran dall reached home a little later and had been home but a short time when the snmmons came. a The funeral services were held from Miller's chapel, Sunday afternoon and were attended by •a large number of friends • of the deceased and his fam Rev. John Gourley in a short discourse paid a glowing tribute to the man who had so suddenly departed from life's work. By. a The remains were interred in the Twin Falls cemetery, with R. M. McCollum H. J. Wall, W. H. Eldridge, J. E. Davies, John F. McGrew and S. T. Hamilton acting as pall bearers, that acted as escort to the remain? was the longest ever seen in this city and was just tribute by his host of friends of the esteem with which he was held by everyone. The funeral cortage Alba D. Crandall who was fifty-eight years of age was born Oct. 10 1850 in Wisconsin where he with twelve brothers and sisters lived until his twelfth year, when the family moved to Minnesota. Mr. Crandall lived ill the gopher state until nearly thirty and while a resident of Fergus palls was married to Miss Louise Herring in 1883. After an eight year resi dence in the above city the family moved to Tacoma and later to North Yakima, fourteen years being spent in these two cities. In. the fall of 1904 Mr. Crandall was attracted to the new Twin Falls country and came to this place, entering into the fuel and grain business . By February of 1905 Mr. Crandall was ready to have his wife and daughters come and the family set up housekeeping with the many other pioneers of the city. In 1907 Mr.. Crandall bought the Wash ington stable, and. continued the busi ness up to his death. Mr. Crandall was a man of quiet, unassuming disposition, but withal a man of strong and sturdy character and one, whose friendship once gained was not dependent upon caprice. In his death the whole community suffers loss and can sympathize deeply with the sorrowing wife and daughters. by ih a of to of STRAW HATS Here are straw hats, sailors, soft brimmed hats, in fact clear down to the homely but useful field hats. We don't like to carry these over another season as they will de terioateto some extent; we would rather sell them to you this week at much below their regular selling price and give you a bargain while we are serving our own in terests by closing out our summer straws. of E. H. ELDRIDGE'S TWIN FAILS SCAIPS INDIANS The National Game As Played By the Locals POCATELLO SAVED FROM SHUT OUT BY HOMERUX KANE Pocatello Tribune Hands Bouquets to Twin Falls Team—Kinney a Partic ular Star, "Posey" Kane's home Pocatello from a shutout in the base ball game Sunday with Twin Fails. The gingery second baseman's quad ruple sacker put heart into the In dians and they later on race*d two other men across the rubber, was as far as they could go, however. On the other hand, Twin Falls run saved That expe rienced little difficulty in clouting the ball for eight tallies, a nifty exhibition after the first in ning. It was in the opening act that the Sagebrushers won the game by walloping Atkinson, Pocatello's slab artist, for enough hits to create five monumental marks on the score sheet. The lead was too great to overcome. The game ended with never a chance on Pocatello's side to get to the top of the hill. The game was The Sagebrushers played like lea guers. Bliss, a southpaw, officiated at the delivery end of the Twin Falls battery. He was there with the twists, holding the Indians down to seven hits. It was apparent that during the closing innings of the game Bliss blissfully let down a trifle, in order to show the Indians that he was a good fellow as well as a mighty fine pitcher. Farrell behind the bat was a wheel horse player. He allowed one steal and gave a base on a passed ball, otherwise his record is as clean as a whistle. The bright particular star of the Sagebrushers' team was Kinney, Yale '07, who played short stop. That is, he was qjarked down for that position on the score book, but in reality he played right . left and center field , second and third base, apd short stop. He is a sublimated whirlwind with strong resemblance to a cross between a cy clone and a comet. Out of five times at bat he walloped two singles, one double and one tripple. That's hit ting some. The three-bagger was one of the hardest drives ever seen on a local diamond. It sailed about two feet over the second baseman's head and lit a short distance inside the center field fence. The ball looked about as big as a bullet to the out fielders. Every man on the visiting team clouted safe hfts. The Sage brushers are a bunçh of stickers from Stickville. That's all. Their total receipts for the day were 17 wallops, in spite of the fact that Atkinson pitched a good, clever, heady game. Six of the 17 hits were earnings in the first act. The way the Sagebrushers lay the willow to it was something fierce. The Indians were weak at first yes terday. Fred Price made his first ap pearance at the initial sack and failed to make good. It is true there were a number of bad throws in his di rection, but a more experienced man and a shiftier baseman would have cut down the error list materially. "Posy" Kane at second had hard luck, booting two, but making up for his errors by batting like a fiend. If Kinney for Twin Falls was the bright particular star, Bistline for Pocatello was a full moon. Out of 11 chances he made but one error, a hasty overthrow to first. At the bat he was strong with two rattling sin gles, and another would have been safe in any game, but Second Base man Weaver covered too much ground. The Sagebrushers are the finest of fellow's that ever picked wood ticks from smarting shins. They are gen tlemen and scholars—likewise ball players of the first order. A feature of their playing was a classiness, a snappiness, an esprit de corps that called for liberal applause from the grandstand, even from such hardened Gate City enthusiasts and rooters as Archie Service and Bob Graham. The following detailed score, for the figures of which Jim Rintoul, w'ho sets base ball to music, is responsible, will give an idea of the game: Twin Fulls. AB R H PO A E 3X1X01 5 1110 0 4 3 • 2 11 0 1 5 2 1 2 2 1 12 10 0 0 110 0 1 2 0 2 0 4 0 2 10 1 1 3 1 2 6 3 0 C. is 4 3 2 5 1 7 0 1 0 3 1 4 10 10 0 2 10 3 11 Holohan 3b Kiersted If Farrell c Kinney ss Robestson cf Randolph rf Weaver 2b Kuhl lb A. Bliss p* 5 5 Totals 39 10 17 27 8.4 Pocatello. AB R H 4 10 a a PO A E 10 0 Graff rf Kane 2b Bistline 3b Price lb Atkinson p Allen c Morley If McAulcy cf Wilson ss 1 2 4 0 5 0 o 4 a 0 4 0 0 4 0 3 0 0 4 1 1 3 0 0 Totals 35 3 7 27 14 6 Twin Falls. * Runs —5 0030000 2—10 Hits — 6013.1 201 3—17 Pocatello. •0 0000110 1 - 10022010 1 - Runs Hits 3 7 Summary. Stolen bases, Holohan, Graff, Atkin son; Twobase hits. Kinney, Kane, Me Auley; Threebase hits, Kinney; Home run, Kane; Double plays, Kuhl to Holohan; Atkinson to Wilson to Price; Left on bases, Twin Falls, 6; Pocatel lo, 8; Struck out, by Bliss, 11; by "At kinson, 4; Bases on balls, off Bliss,3 off Atkinson, 1; Wild pitch, Atkinson; Hit by pitcher, by Atkinson, 2; Passed balls, Farrell, 2; Allen, 2. game 2:05.—Pocatello Tribune. Time of JEROME GROWING RAPIDLY North Side Metropolis Enjoys Steady Boom. The first visit of the reporter for the Times to Jerome on the North Side proved an eye opener as to the progress made in the new town. While there was no apparent boom on yet every business man has fitted up his stock to supply a town several times the size of the present one in antici pation of the trade, full quarter section in size is well re presented with the various businesses and the buildings put up are of t substantial kind, which is supplied from a well tap ping the same water source as the Blue Lakes and Thousand Springs, in sures to the residents a pure supply that should prove a drawing card to prospective residents, crews on the big ditch higher up in the hills were clearly visible from the little city and the ditch which is to supply the town and surrounding ranches will be only a mile east. The town a The water system Construction WATER SYSTEM REPORT Investigation of Sysleins of Other Cities Proves Vuluuble. Mark Murtaugh and Dell .Sprague returned the last of last'week from a trip to Mountainhome, Pocatello, Nam pa, Boise, Caldwell and Weiser, where they inspected the waterworks sys tems with a view to finding in what respect Twin Falls system is lacking. The Boise waterworks especially pleased them and they think, too that Twin Falls fails to equal the plants of other cities visited. Their full re port was given to the council at a recent meeting. Mrs. M. J. Sweeley Entertains. Mrs. M. J. Sweeley entertained a large number of jadies in her beauti ful new home, on Tuesday afternoon, in honor of Mrs. Browne of Spokane and Mrs. Langford of , Mendota. 111., Six tables were filled with bridge players, while others of the ladies who did not play cards were gathered In groups carrying on a merry conver sation. served after which the pViies at bridge were awarded; a cut glass dtsh to Mrs. Geo. Aiken for high scorp and a handsome souvenir spoon to each of the guests of honor. Dainty refreshments were FINE PROSPECT Rich Strike of Copper, Silver and Gold Near This City ELK MOUNTAIN MINING COMPANY HOLDS VALUABLE CLAIMS C. W. Robelnett, Secretary of Mining Company Visits in Twin Falls—Sam ples Shown Run Above the Average. It is time' that Twin Falls is wak ing up to the fact that. at its very doors lie two of the richest mining districts in the west and that unless steps are taken soon to cinch the trade from that territory, it will go else where. Mr. C. W. Robeinett, of Three Creek, Idaho, spent yesterday and to day in this city placing stock in a mine located seven and a half miles from the southwest corner of this county but in the state of Nevada under which laws the company incorporated. The company is called the Elk Mountain Mining company and is capi talized at $500.000 with stock's par value $1.00. Mr. Robeinett is a very pleasant matter of fact gentleman with nothing of the hot air artist in his makeup and every word he utters gives the impression that he believes and thoroughly knows that his mine is a hummer. In short conversation the gentleman gave a brief resume of the conditions there. The mine which is about 6000 feet above the sea level is fifty-two miles from Wells, Nevada, with a road cap able of carrying heavy loads. The mine is only twelve miles from the proposed' electric line, however. The company has shrdtaoshrdletard The company have five claims and four have been prospected and found to be equal to the Elk mine. The ore taken out has assayed 10 per cent copper, seven ounces of sil ver-and .04 ounce of gold. Besides this the rock formation, containing molybydium, which sells at $1.45 per pound, has a two and a half foot vein, making the mine for*this metal alone a regular bonanza. The copper, gold and silver ore is in the form of sulphides and easily converted to the smelter with only the • addition of lime. This vein has been traced in the outcropping for 4000 feet and*is three feet wide. A tunnel two hundred feet long has been run and at present the tram railway is in opera tion from that point. The main body of the vein is only 150 feet from the tunnel driven and the company feel certain that when it is tapped the (Continued on Page 10) NOTICE The call appearing on page eight of this issue, for a school bond election, for Independent School District No. 1, lias beeu annulled. A REAL TREAT / The story which caused its auth or to become a Christian. J. Frank Pickering's artistic pro duction of General Lew Wallace's Masterpiece. BEN HUR IN PICTURE AND STORY a The story is related In about 25,000 words ((two hours) and beautifully illustrated by over 150 magnificently colored historically correct views. BICKLE SCHOOL AUDITORIUM Public School "Building 27th MONDAY, 8:90 p. m„ JULY Admission 96 cents. Reserved seats 60 cents. Children MS tits Under 12 years 16 cents. , At Spragues and at the door. % ' ;■ '