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The Evening statesman. (Walla Walla, Wash.) 1903-1910, December 30, 1903, Image 1

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VOLUME XXX.
Arkansas Republican Meeting.
LITTLT ROCK. Ark.. Dec. 30.—Opin
ions expressed by leading republicans
of Arkansas gathered here today in
response to the call of Chairman H.
[>. Remmel of the state committee, In
ite a practically undivided senti
, ent in favor of the renomination of
president Roosevelt. Today's meeting
is for the purpose of fixing the date
place for a state convention to
ite a state ticket and to select
■legates to the republican national
convention.
Safe Crackers Make a Haul.
BL.OOMINGTON, 111., Dec. 30.—At
gan Jose last night burglars tdew open
the postoffice safe and secured $loot>.
4 Thev ai-o cracked the safe of the Ulner
lafdware store and got $200 and the
same amount from the safe of the West
Sid- saloon. They escaped in a buggy.
j Tlio Toggery.
| '
) When looking over your un- )
< derwear you may run across \
{ (
j .some garments that are "passe." (
| If so it will nay you to take a j
( glance at our window aim iook (
j over the bargains we.are offer- >
\ ing in all lines. j
' We were so late in opening for \
business that we did apt get an I
opportunity to unload as much 1
underwear as we should, hence (
he tale our windows are telling, i
\
- \
: THE TOGGERY £2 \
\ )
• (
SWELL TOGS FOR MEN
Our Sales Yesterday
100 per cent greater than
same day last year.
TO M O RROW
From 9 10 10 a. m. We will sell to
LADIES ONLY
10 yards calico for = - 25c
(Only 1 o yards to a customer)
Yours for biz,
Motter=Wheeler Co.
LO3-105-107-109 Main 6 arid 8 South Third st.
Walla Walla, *v*T£is2a..
P. S. Big Silk Sale on Tomorrow.
• For Christmas presents you will find
j-'[3,V , l |"| £f here in man - v P rett - V and assorted de
ll m 7 & signs, either for the home, card parties
f C* f\\ t*f\ = = or'the club. A nice line of dominos
Wd I and poker chips.
gm w r Phone Main 264.
Meyer & Keeney No . 27 , n , in
Your Family Cannot Afford
to be without our White Pine Bafsam, it is a cure for Coughs
an <3 Colds 25c and 50c a bottle.
The Hockett Drug Co.
ISTo. o Bast Main-
THE EVENING
OPINION
ON WATER
Gose & Gose Submit
Legal Findings.
RIGHTS AT THOMAS SPRINGS
Nothing to Be Gained by Ownership
* of Land—Power of Emi
nent Domain.
S*-v<m;il days ago the water commit
tee of the Walla Walla Commercial
dub submitted to T P ft C C. Cose
the questlOß <>t" what lights the city
of Walla Walla 1; id in relation to the
Thomas springs. Monday the attor
neys rendered a lengthy opinion on
the Bubjecl covering several phases of
the question. In part the opinion is
as follows:
!! morable Frank W. Paine and asso
. i •.<■ members of the Water Commit
tee of tlie Walla Walla Commercial
Club.
Gentlemen: In response to your re
quest' for oar opinion as to What water
rights are now held by the city of
Walla Walla by purchase from Alfred
Thomas and his grantees, we submit
the following:
The city of Walla Walla holds by
means of conveyances from Alfred
Thomas the following water nnd prop
erty rights, quoting from the oriental
THE EVENING STATESMAN WALLA WALLA, WASHINGTON, WEDNESDAY. DECEMBER 30. 1903.
cteed made in 1893, by Alfred Thomas
to J. M. Hill, "All the following de
scribed property rights and privil
eges situate in Walla Walla county,
state of Washington, to-wlt: 'All the
water flowing or being underneath or
upon and all the springs, under-flow
or water in or upon the following de
scribed land in Walla Walla county,
state of Washington, to-wit: (Then
follows description of land) together
with the privilege of going upon and
entering upon the above described
lands and upon every part thereof for
the purpose of excavating and taking
therefrom the water there lying or ne
ing or flowing therefrom as springs or
a.s underflow together with the privil
ege of making excavation on any part
of or any place upon the above describ
ed lands for the purpose of developing
said water and water privileges and
also the right to excavate upon said
lands for the purpose of conducting
away said water from the same and to
maintain excavation and drains for
said purpose, these conveyances being
made however subject to the condi
tion that the drains shall be refilled
within a reasonable lime after their
construction so as to leave the land in
as fjood conditon for cultivation as the
same now is, so far as it may be rea
sonably practicable to do so. This
conveyance is also subject to the con
dition that the party of the first part
reserves from this conveyance suffi
cient water from Mill creek and its
tributaries, known as the Moore ditch,
Yellow Hawk creek and Garrison creek
to Irrigate the aforesaid lands, pro
vided however that in so doing the
party of the first part shall not inter
fere with the Bow of water in said
springs and with the subterranean
l'.ow hereby conveyed and so that the
same shall not be interfered with or
destroyed, and provided further that
the water to be BO used for irrigation
shall be taken solely from the water
naturally flowing from said creek."
This is the wording of the original
conveyance from Thomas and the
language is so plain as to render it
difficult lo improve its meaning by
construing the same. The words sim
ply mean what they say. The city may
go upon said lands, dig excavations
and drains for the purpose of inter
cepting the underflow and the springs
on said, land and for the purpose of
forming conduits to carry the same
away. The city may excavate and dig
upon any point of said lands even
though by so doing it may destroy
trees or crops growing thereon. The
only limitation to the city's rights is
that il must refill all excavations with
in a reasonable time after their con
struction so as to leave the land in as
good condition as it was at the incep
tion of the work so far as it can with
reasonable practicability.
We have left for our consideration
the waters that li»- or flow underneath
the surface of the Thomas land. These
are known in law as subterranean
waters and are divided into two
( lasses: First, waters (lowing in sub
terranean channels or streams: second,
percolating waters. We will first con
sider waters (lowing in subterranean
streams or channels.
Subterranean streams or channels
have been variously defined. In
Chase-Moore vs. Richards. 7 11. 1...
■■as. 3 50. Lord Wensleydale spoke of
a subterranean stream as "An under
ground stream lying in a known and
defined channel." and again Lord
Chelmsford in regard to the same spoke
of "Water flowing in a certain and de
fined course in a known and subter
ranean channel."
Cases might be supplied indefinitely
in support of the foregoing proposi
tion. It therefore follows that what
we have previously said with refer
ence to the city's right to use waters
Mowing in surface streams on the
Thomas place applies with equal force
to waters flowing thereon in subter
ranean streams or channels. The city
for ihe purpose of supplying its inhab
itants with water has no right to di
vert either the streams flowing on the
surface or streams flowing' in subter
ranean channels for any such purpose,
as against any proprietor below the
city's point of diversion to which such
waters naturally How.
We now come to the consideration
of the last remaining class of waters
on\Baid lands, which we have pre
viously described and classified as
"percolating waters." Percolating wa
ters are most easily defined as " being
any sub-suiface waters which do not
tlow in such well defined channels as
to entitle them to be classed as sub
terranean streams of water." or ""as
water percolating the soil beneath the
surface, without a definite channel," or
"in courses which are unknown or un
ascertainable." or "'as percolating
through underground strata which has
no certain course, no definite limits,
but which oozes through the soil ir.
(Continued on Page Three.)
STATESMAN.
IROQUOIS
BURNING
Chicago's Finest Opera
House Ablaze.
PANIC AT CROWDED MATINEE
Three Hundred Womon and Children
Killed by Being Burned or
Trampled Upon.
CHICAGO. Dec. 30.-2:45 p. m. —The
new $3,000,000 opera house. Iroquis,
one of the finest in America, is on fire
and a panic is now on among the big
matinee audience. A general alarm
has been turned in. Tlie audience is
composed almost entirely |Of women
and. children. Many fainting ones are
being carried out.
"Bluebeard" a big spectacular pro
duction was playing. The fire has
gained so rapidly that the chorus girls
are unable to secure their clothing and
several, nearly overcome by smoke and
clad, only in tights, have been carried
out by the firemen.
A blizzard has been raging nearl#
all day.
Reports now say that IS or 20 are
injured by being trampled on. Nearly
the satme number of children are miss
ing. Mothers are being held back by
the police. The fire is gaining head
way.
The fire started iii the flies and
spread all through the mass of spec
tacular scenery. The entire rear of
the building is now a mass of flames.
Fifteen members of tlie troupe, chorus
girls, are supposed to be dead in the
rear end of the building where they
were trapped by flames. The list of
missing children is constantly growing.
One who escaped from the auditorium
say.- that the women fought each other
in getting out and that any child
which dropped in its flight must have
met certain death in the struggle.
Twelve bodies, mostly of women, have
been taken out up to this time and a
large number are still in the building.
Special police are necessary to hold
back the frantic crowd.
At 4:20 Fire Marshal Campion
emerged from the building. He says
that at least 50 aro dead inside and 50
others are so badly injured that they
are unable to move. The flames are
still unchecked and a constant stream
of firemen is now trying to rescue the
dead and injured from the building.
Campion says that the dead and in
jured are all over the auditorium, piled
in the aisles and between chairs,
:::".u p. m.—All the first estimates
soom too- Small. firemen now believe
that the dead will probably reach 200.
Approximately 7t> bodies have been re
moved. There is a long row of dead
••n the pavement in front of the the
ater, about evenly diveded between
women and children. Many are badly
burned Some faces are almost con
sumed. As the work progressed it
was discovered that the holocaust was
not confined to the pit but the gallery
is littered with dead.
The loss of life of members of the
"Bluebeard*' company is very heavy.
Firemen broke through the floor of
the basement and are now bringing the
dead from every egress, including the
rear. The flames are under practical
control. The scene in the street where
mothers are searching for their chil
dren is terrible. Sealskins and a
wealth of opera garments and jew
• dry were picked up and carried into
restaurants near by. which are being
us m! as temporary hospitals, the am
bulances being inadequate.
3:4.".—The course of the fire was
throughout the roof space. The burn
ing brands dropped through, adding
terror to the panic. Two child comed
ians named Foy, are reported among
the lost. Miss Melchor. a member of
the company who had a niece in the
tudience, sprang from the stage, ran
down the aisle and seized and carried
the child the back way to safety. The
audience wis large and typical of n
holiday appearance.
At 4:50 the dead were removed and
reached approximately 100. Several
died in a restaurant after being re
moved.
(Continued on Page Five.) ...
LABOR
TROUBLES
Chicago Has More
Strikes in Prospect.
ENGINEERS DtMAND A RAISE
| Funerals Are Still Conducted Under
'■■ the Protection of Armed
Guards.
CHICAGO. Dec. 30.—A conference]
between representatives of the engi
neers and their employers was heldj
this morning in an attempt to avert a
strike which "would leave the greater
portion of Chicago's business popula
tion without heat, light or elevator
service. One hundred and fifty sky
scrapers will be tlie ones to suffer
most. The meeting failed to < I ear the
situation. The engineers while not re- .
{fusing arbitration declared that under
Ino circumstances would they accept as
'arbitrators clergymen, judges or attor
neys, as in a previous case where a I
rabbi, a minister and a priest com
posed ihe board. The engineers then
'lost instead o!" gaining wages. The
i
engineers now get 28 cents an hour and
they demand 37'j cents. The team-'
sters are Uflfcmpathy With them.
' ■ ,
CHICAGO, Dec. 30.—Funeral pro
cessions under armed escorts were
driven through the snow-covered 1
streets in a zero temperature today.
The drivers w ere supplied with pistols j
and were instructed by their employers
to defend themselves against attacks.!
The liverymen's association held a j
meeting this morning and resolved for-1
mally to attempt a resumption of all
service tomorrow with non-union dri\- !
ers if the old drivers refuse to answer
the notice sent them today to that ef
fect.
—-
Stokes-Mitchell Wedding.
BANARDSVILLE, X. J.. Dec. 30.—
Persons of high social prominence in
New York. Newport. Washington and
other eastern cities tilled the little j
Episcopal church here today at the
wedding of the Rev. Anson Phelps
Stokes. Jr.. and Miss Carol Mitchell.!
Owing to the small size of the church
the guests were limited to the- members
of the two families and a. few intimate
friends. A small reception at th" resi-j
dence Of tin- bride's mother followed
the c hurch ceremony.
The bride is well known in Washing-;
ton society, where her family
Mr. Stokes belongs to the wealthy!'
Stokes family of New York and sonae-j
ago when he adopted the ministry as
a profession. He i« at present secre
tary of the Vale Corporation and his.
name has been prominently mentioned
of late in c onnection with, the presid -n- j
cy of Trinity college.
Gainer -•rid hart to Meet.
i;i)ST( >X. Mass.. Dec. 30.—Follow
ers of pugilism in EtestOTl are looking !
forward to seeing a rattling good fight
at the Criterion Athletic club tonight, i
The star event on the program is to!
he a fifteen-round go between C.eorge >
Gardner, who seeks to regain the lau-j
rels he lost by his recent defeat at the
hands of Pitzsimmcns, and Marvin j
Hart, the Louisville pugilist, who is i
anxious to add to the reputation Bet'
has already won by his good showing j
against "Kid" Carter and other good j
men of his class. The two fighters i
are trained to the minute and appear j
to be in condition to put up a lively;
battle from start to finish.
Meeting of Beekeepe-s.
TOPEKA, Kas., Dec. 30.—The state J
organization of beekeepers which was
formed at the last state fair, held its
tirst regular annual meeting In Tope- [
ka today. Besides completing the per
manent organisation the meeting dis
cussed various matters of interest to
those engaged in bee culture. Dr. O. ,
Bohrer of Lyons presided and among I
those present were a number of promi- L
nent beekeepers from various parts of ( ]
the state. J<
» m »
Explosion Wrecks Brew House.
QUINCY, 111- Dee. 30.—The five story ; I
brick brew house of the Dicks brewery J 1
vas w recked this morning by an ex- | <
plosion In the cooking tank. One mani*
was injured. There was $$8,000 loss. 1 1
NUMBER 247.
WAR IS
IMPENDING
Pessimistic Feeling
Becoming General.
CONFLICT TO BE COMPLIG4TED
Germany. France, England and ths
United States May Be
I nvol ved.
LONDON, Dec. 30.—The talk in
| semi-official quarters today was the
, most pessimistic since the eastern trou
ble began and it is believed that a
clash is imminent. Nova Eremya to
day says that a crisis exists and that
the slightest turn may cause the be
ginning of hostilities, Japanese dis
patches show that the populace is fair
ly goading tlie government into war. •>
I Dispatches to the German papers say
that from a diplomatic source it is
learned that declaration of war by
Japan is almost bie\ Itable.
| BERLIN, Dec. :!*>. Lokal Anzoiger
says that a declaration of war by Japan
will result in endless complication as
England, Prance and America having
'extensive interests! in the Par Hast will
probably be drawn into the imbroglio.
LONDON, Dec. 36.—The Central
News agency today maintains the ac
curacy of us report that Jai>an has
'plated a time limit on Russia and
'won't consider a reply after a certain
date.
WASHINGTON, Dec. 30.—While at
the state department today where he
called to officially notify the govern
ment that Panama will be recognised
by Japan. Minister TakahOra, took oc
casion to express grave concern over
the difficulties between Japan and Rus
sia, lie said be still continued ever to
hope for peace.
Go'f Tourney at Pinehurst.
PINEHURST, N. C, Dec. ■'.'>.— The
►articipation of such famous , If ex -
. its as \\ .1 Travis, John M. Ward
S Douglas assures suc
■ess to the big amateur tournament
t'hich opened here today under the au
ipices of the Pinehursl Golf club. The
day is to continue through the remain
ler of the weeh and a number of cups
tnd other trophies will be distributed
imong the winners. As this is the
irst-important u->:f event of the sea
on on South* m links it will be follow
d wiiti interest i>y devotees of the
;ame throughout the country.
Peace Congress at St. Louis.
PHILADELPHIA, Pa..Dec. 30.— An
louncement is made by President Al
red 11. Love of the Universal Peace
inion that tie- thirteenth International
Vaee Congress is to i>.' held in the
fnited States, probably at St. Louis
iext August. The meeting will be !n
ess ion five days and will be attended
»y delegates from most of the civilized
ountries of the world.
No LeDrosy in Lincoln.
LINCOLN, Neb., Dec. 30.—The
tealth officers here indigr. intly deny
he story sent "Mt yesterday that lep
osy exists in the Russian colony,
'hey say it is entirely a fake.
GRAZED WITH LIQUOR
MAIN RUNS AMUCK
\ Chicago Stockyard Employe Sh&iU
a Man and a Woman Without
Provocation.
CHICAGO, Dec. 3<». —A stockyards
mpioye, Charles Peckropy, crazed by
link, this morning entered a board
ng house and attempted to force a fel
,w boarder. Vincent Clark, to take a
rink, when Ihe latter refused, Peck
opy shot him, mortally wounding
im. He then rushed to the hallway
.here he met Mrs. Mary Kreegk. and
ithout warning shot her twice, ln
icting wounds. Peckropy is still at.
irge.

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