July 2, 1934 (8 pages)

. then be sold very readily. _ opén door of the bank to a lot across Monday, July 2, 1934 CHAPTER XIII—Continued : ——1E— “] do. Byt the Forlorn Valley Irrlgation district’ wil) not go bust, and ° with the increased fertility and, consequently, the doubling in value of the lands.and their increased earning pow: er, this bank’s security will be ample and the mortgages and deeds.of trust will be paid, If not, they can be foreclosed and the bank can take over the lands, subject, of course, to the bdénd issue against them. And they. can I have’ no” apprehensions on that score and if yon are trying to frighten me you are not making a very successful: job of: it.” Nate Tichenor pointed through the the, street where a gang of! workmen were engaged erecting @ one-storybuilding .of cream brickes “That. lot and building are mine,” ‘Tichenor in formed the banker lightly! “fm going to start a bank: there with a million dollars capital.” “You'll, have to ‘—prove’; i: gentine need for another. bank. and,you'll have to_ prove that your” ank has some solind “hopés. for success. And you . % cannot do that while the Bank of Vatley Center continues to oe as’ at présent.” “Well, I'll be all ‘set, baste to take. over the wreck of your bank, Babson, I’m patient. I can wait.” As Tichenor watked out, Babson turned to Henry Rookby: “Henry, that fellow’s so rattled he .dvesn't know what to do. He'd like’to start an injunction suit against the district, but he’s not at all certain he can win. Henry, he’s actually erecting a bank balding across the street. jhoping to . scare me ipto a compromise to save his face. Can yon beat him? “He’s small change.” Mr. Rookby replied disdainfully, “Forget him.” But Mr. Rookby’s airy advice fafled to bring the measure of comfort for which Babson yearned. . Even his own assurances presently failed him. Nothing in life is more distressing than uncertainty, and the wurtcertainty as to whether Nate Tichenor and Lorry Kershaw would apply for an injunction restraining ‘the. Forlorm Valley Irrigation district from diverting water from Eden Valley creek was a profound uncertainty, indeed. Babson wondered ° whether Tichenor was:reaHy. depressed over the situation. really disinclined to a fight in the courts. That night Silas Babson went home with a violent headache. -He did not sleep well, either, and the following night he was very weary, indeed, The . third night he was still sleepless and then his old enemy insomnia claimed him and he had a nervous breakdown. The Postmaster at Valley ‘Cenfer reported that Nate Tichenor must loathe the town with a& great-loathing, because not a single letter from Tichenor, his wife, or their employees was ever posted in Valley Center. And, as everybody knows, the pay of a country postmaster is predicated on the amount of businesshe does! A similar complaint eame from the. local telegraph wgent and the’ local telephone agent. Nobody could ascertain, via these agencies. anything of Nate Ticheror’s. busines® and this was a genuine deprivation. Nor was a single dollar of Tichenor money expended in Valley’ Center for anything ‘that could be purchased in Gold Run. The irrigation district’s engineer reported to Babson that before the first of April Lake Babson would be filled to the’ top of its flood-gates. Babson was jubilant. Under his urging, promulgated in the Forlorn Valley Citizen, thousands of acres of land had been prepared for alfalfa the preceding fall. They had been seeded just prior’ to the first rains, and succeeding rains at brief intervals had kept the new crops growing steadily and had deposited in the lands sufficient moisture to last until the spring rains ceased and. it would be necessary to employ surface irrigation to develop the first crop about the first of June. Babson decided therefore, to open the Like Bubson heudgates for the first time on May first and. to make the occasion one of general rejoicing; the descent, for the first time upon Forlorn Valley of the life-giving waters of Eden Valley creek should be an epic event. The prospect filled him with delight. thrilled him to an unwonted gener: osity, He owned rather a lovely farm on the western edge of the district, and through this far the main ‘canal had been dug, with the laterals leading from it down a gentle slope to the east and taking advantage of every . contour. There was a grove of Valparaiso live oaks growing on this farm close to the edge of the main canal and here Babson decided to hold a * barbecue for his people. A dramatic frenzy gradually seized him. May-day. immemorially dedicated to festivals, was to his day of triumph, a day that should repay him for his years of. labor, and selfsacrifice for. the public weal, Of course, as president of the Forlorn Valley Irrigation district, his right to be the orator of ‘the day could not be gainsaid and nobody tried to gainsay’ oe He dictated his speech to his secedited it,. revised it,. labored joringly over it, and when it was comwith appropriate gestures, to Henry ‘Rookby after the bank had, closed for the day. electrica) contrivance installed at the reservoir ‘headgates, and a wire led eight miles down country to connect stand at.the barbecue grounds. He Meanwhile .he had had an with a push-button on the speakers’ had, the. district's engineer figure approximately how long it would require the water to flow from the headgates to the -grove, for ~he planned; at the moment of, mounting the platforny, to. press. his plshbutton, which would raise the headgates at the reservoir and* release the water. ‘Then at.a certain,dramatic point in his oration the water would make its dramatic appearance, Henry Rookby was to discover its approach and interrupt ~Babhson—with--shrill-and--appropriate -oriés of Amazenient and joy. “Bahsonfiad a motion-picture camera man from.a bews‘ reel agency engaged to photograph the head of the vast brown flood as ft rolled down the dry forty-foot main canal, bank-deep. He» ‘sent out engraved invitations to the ‘grédt: oF thé’ county and plastered the” ‘barns’:and= fences; of Forlorn ‘Valley awith, notieds of the great evepti.and a cordial invitation te, sattend-—everything free. At the last moment he forgot his early religious trainjng ard erected a dance platform. He decorated everything. . liberally. with red, white und blue bunting and the Amerienn flag. and resurrected tHe striped trousers, Prince Albert coat, and top hat he had once’ been forced to purchase—or., look) ridiculous when act{ng a’ pall-bearer to a defunct congressman from his.district. He was so happy he elected to forget that. Joe Brainerd had _ once punched him’ several times on the nose, abd.-sent.over to. the: office: of the Register a detailed announcement “Eat, Drink and Be Merry, for Tomorrow You'll Be Broke.” of his plans, for he was ever one Who loved publicity. Promptly Brainerd: carried this news to Eden Valley, where Naté Tichenor'’s eyes glowed strangely. He set off immediayely for the county seat. a The great day arrived, and as*Babson mounted the speakers’ platform and gazed out over the hundreds of happy faces before him—as the Gold Run Silver Cornet band. broke into “Hail, the Conquering Hero Comes!” and three cheers and a vigorous tiger burst from the audience, Babson turned to Congressman Beatty, whose valiant work in Washington had aided to tap Eden Valley creek and secure permission to run the diversion canal through the public domain, and remarked that he was convinced at last that he had not lived in vain. Bowing to the audience, he removed his shiny top hat and laid it on a small pine table before him. He gazed lovingly at the magic push-button, his hand reached lingeringly out to press it, all unseen by his auditors (happily, he had taken the precaution so to place his hat that the pressing of the butten would not be observed) when a.rude interruption occurred. A commanding voice cried sharply, “Stop that, Babson!" and Babson stayed his hand to glance up angrily. _ Nate Tichenor stepped up on the. plat‘form: behind him came his wife and Rube Tenney, and a silence’ that was almost ‘thunderous settled over the grove as it was observed that all three were wearing two six-shooters each. Straight to Buabson’s side Tichenor 4 strode; he delivered upon the Babson shoulder a gentle accolade with.a bluebacked, legablooking ,document arid ‘then thrust it Into Babson’s hand, the while he said so all might hear: “This is a temporary injunction from the judge of the Superior court of this county, restraining the Forlorn Valley Irrigation district. its officers, members, employees and agents, from diverting the waters of Eden Valley creek to Forlorn Valley, and ordering the district to show cause, within ten days, why this injunction should not be made permanent, 1 warn you, Silas Babson, that if you press that button will be in contempt,of court.” yo Tnere ‘was not.a sound, For. two minutes the three on the pl ‘said: tomorrow you'll be broke.” put her arm through his and together to the audience, ‘grinning evilly, trudged stolidly in the had nothing to fear for ‘the future— wwewwrvrrrrr eT erw “Rat, drink and be merry, for His wife they descended the two short steps while Mr. Tenney, rear, Down through the center aisle they passed to an automobile waiting outside the grove; they entered. and rolled away, as Silas Babson was reading aloud to his people the damnable legal document that had changed his hour of triumph into one of despair. With difficulty controlling his voice he announced: ; “Mr, Tichenor has-a habit of dramatizing. himself, and while he has, of course; robbed this historic moment of certain high lights I had provided for your entertainment, still his rude and ungenerous’ interruption need cast’ no shadow. o’er us. ‘We are hereto enjoy ourselves and we shall do so,” And he proceeded to deliver his speech. Congressman Conrad Beatty followed him and assured his hearers that they take his word for that. Henry Rookby, invaluable tn desperate moments, had the band play whenever the speakérs paused for breath or. a drink. of water. and little by little.the gloom of Nate Tichenor’s dramatic visitation. was dispelled and the party took on most of the oo pf a genuine sciney. cation. In Nate ‘Tichenor’s tatest move ‘Silas Babson and his fellow directors ‘read only a last-minute’effort. inspired solely by malice, to embarrass the gistrict with a lawsuit that would drag through the summer and thus for another year deprive the valley of water. To thwart this, therefore, it was imperative that the district employ an. imposing array of legal talent immediately and have Tichenor’s suit to obtain a -permanent injunction go to trial without delay. Four days later both sides had finished with their witnesses, both legal . batteries had fired their last broadsides, and his honor looked gravely over the ‘top of his desk ‘at the belligerents. “Since this case went to trial,” he announced, “the Supreme court of the state of California has rendered a unanimous.-decision in an appeal from. a decision rendered by the. Superior court in a case similar to this, Due to the recent decision of the Supreme court, an advance copy of which has only this morning reached me, TI find myself in the embarrassing position of having to reverse my “previous view as to the constitutionality of Paragraph 534 of the Code of Civil Procedure, upon which the defendant corporation has based its argument in the issue at trial. “In general, the Supreme court of the state of California holds that there {fs no such thing as flood, storm or freshet waters in a stream, but merely a seasonal rise and fall of the stream and that all watefs therein, not merely the so-called summer or normal flow, are riparian: to the’ bed thereof, and may not be diverted from such riparian lands for the use and benefit of a non-riparian owner. The ‘Supreme court holds that all of the waters of said river (which, of course, applies to all streams throughout the state) are an inalienable and vested right of the owners of the lands riparian thereto. ¢This court has no alternative but to awatd to the plaintiff the permanent injunction prayed for, restraining forever the defendant public service corporation, Forlorn Valley Irrtgation district, from diverting any of the waters of Eden Valley creek. This court also assesses the costs of this action to the defendants, as prayed for in the complaint, ard it is so orWNU Service. Copyright, by Peter B. Kyne. The district can still condemn Eden Forlorn Valley,” Nate replied coldly. PROFESSION AL DI RECTORY ATTORNEYS MINING ENGINEERS . HARRY M. McKEE Attorney at Law 205 Pine St., opposite courthouse Nevada City, Calif. EDWARD C. UREN Mining — Civil Engineer Minin Weperss Furnished. Mining istrict ppd Phone 278R ewada City the. court can see no reason for re fraining from rendering an informal decision at this time and referring the’ . WOE. WRIGHT ATTORNEY AT LAW Office in Union Building Phone 28 Nevada City defendant corporation to its sole and inalienable right at law—the right to acquire the lands of the Bar H Land and Cattle company et al. through condemnation ‘suit or purchase by private treaty. ‘Court is dismissed !” There was nothing else for Silas Babson to do save weep—and he did. He laid his tired head on the counsel table and sobbed as if his heart must break. “Don’t take it so hard, Mr. Babson,” his counsel continued. “You have one more arrow in your quiver. Valley and acquire Its water rights.” “Of course it can.” Nate ‘Tichenor was speaking from the other side of the counsel table. “But Eden Valley’s fertile acreage far exceeds that of Forlorn Valley. and it is infinitely more valuable. You" cannot have Eden Valley for less than two million dollars, and the lands in the Forlorn Valley Irrigation district are already mortgaged to the limit.” Babson, red-eyed, gazed at him with something of the malevolence of a trapped mink. “You've ruined Forlorn Valley,” he quavered. “You realize that, don’t you?” : “I haven’t given any thought to “Just now I’m reveling in the joy that comes of ‘the knowlédge I have. ruined you. All I -have to do to save Forlorn Valley is to press a button. “For God’s sake, Mr. Tichenor, do it,” Bahson pleaded. “All these poor people—” “Who refused to permit me to be kind to them and save them from ruin,” Tichenor interrupted harshly. “All these pour people who followed their false leader blindly and stupidly, who refused to believe Lorry Kershaw and I had hearts in our breasts! All these poor people who hooted at me, cried me down, smashed my body, and smeared me with road oil and feathers! All these poor people who rejoiced in reviling my wife and me, _{n reciting our sorry familyhistory !” “Then,” said Babson, aghast, “you intend to foreclose the deed of trust on Forlorn Valley?” “The minute you default on the payment of the interest. Babson.” “and then—you’ll—press the button?” “Naturally. my investment sweet. a wee bit sour.” Silas Babson gave vent to a moaning little ery, like a hurt animal; he slid softly out of his chair to the floor. He had fainted. A group of farmers seated in the rear of the courtroom now got up quietly and stalked out. Tichenor followed them to the door and stood watching them. As if acting under the stimulus of a common purpose they walked to their shabby automobiles parked along the curb and drove out of town at a high rate of speed. When Babson let himself in the side door of the Bank of Valley Center about four o'clock, that afternoon Henry Rookby’s white face peered out at him from the cashier’s cage where Rookby was balancing his cash. “Wwe got to do something an’ do it quick,” Rookby quavered. “T’ve had a run on the bank since noon. What are we going to do tomorrow if this run continues, Mr. Babson. We haven't more than twenty thousand dollars in the vault now.” “Don’t open the bank tomorrow if you see a crowd in front waiting. Paste a notice in'the window that this bank has closed temporarily and will reopen as soon as I have returned from ‘San Francisco ‘with é¢ash to meet all demands for withdrawals. Got to Pll have iets make Just now it’s dered. At a later date the court will issue a formal written decision, . but Vivid recollections of a summer . aon 50 years ago, when the captain of the tug Hrie Belle vowed, with a mighty oath, to pull the schooner Carter off the rock-bound shore south of Kincardine, or blow up his tug in the attempt, were awakened when the oiler’ of the ill-fated. Erie Belle was hauled from the lake bottem to the shore, says a Kincardine (Ontario) writer in the Detroit Free Press. Charles Mucpherson. whovundertook the prodigious task of drawing the boiler from its resting place, proposes ‘to have it placed in Victoria Park as a relic of the days whefi Kincardine was a noted lake port. Of course. the boiler, rusted and. corroded, will be painted and on it will be placed a plaque. telling. the story of the Illfated tug. proving the old: adage that truth is get than fiction. Of half-inch steel, 0 feet in height, with copper flues, oy one of which ‘remains to show ' the boiler was once a part of the Belle, difficult the: anee ‘drawing the hulk from its . the shore: . Several al pan [ere a he 8 tn ihe it and sahil SSS L LLL LALLA DLA DLA ALL ALLS LSS SS ISSS LAS AL LSA AS SA Sed Boiler of Ill-Fated Tug Erie Belle Salvaged From. Lake After Fifty er ie ne place in two ; feet of mud. and rock, 150 yards from ive attempts ei it reluctant to} in have an excuse to keep ‘em quiet.” TO BE CONTINUED which seven men went to their deaths, the boiler snapped chains which were placed around it. Just half a century ago the Erie Belle blew up from ‘an. overtaxed boiler, which was too small to pull the huge schooner from the rocks. With pieces of machinery. and woodwork, the crew and spectators who were aboard the little tug were blown into ‘the air by the mighty blast. Fied Auslent Nediou City — ‘the existence of an anclent Indian city where the African negro settle ment of La Labrada now stands, on the Pacific coastal plain of Guerrero, is reported by archeologists, Science Service says. In the official list of known pre-Spanish sites in Mexico, La Labrada has not been’ featured, although beautiful carved stones there have been known. According to local Mexican history, L the mountains when the Indians of Guerrero . towns on the coast. frequently get. oe negroes fi J. T. Hennessy Lynne Kelly NILON, HENNESSY AND KELLY Attorneys at Law Office, 127 Mill St., Grass Valley Morgan & Powell Bidg., Nevada City F. T. Nilon George L. Jones Frank G. Finnegan Jones & Finnegan ATTORNEYS AT LAW Office: Morgan & Powel) Building, Broad Street, Nevada City, Cal. TELEPHONE 273 “DOCTORS B. W. Hummelt, M. D. PHYSICIAN AND SURGEON 400 Broad St. Office Hours: 10-12 a. m. 2-5 p. m. Evenings 7-8. Phone 395 X-RAY W. W. Reed, M. D. Nevada City, California Office 418 Broad Street. _ Hours: 1 to 3 and 7 to & P.M. Residence Phone 2. Office Phone 362 Alfred H. —— M. D. * . Physician and Surgeon _ Névada City, California Office 207 Pine Street. . Residence 525 Nevada Street W. P. Sawyer, M. D. Expert Refraction Modern Glasses Best quality lenses and. mountings. Eye, Ear, Nose and Throat. Hours: 11 a. m.to 4.p. m. , Bvenings by appointment. Phone Office 11 — Residence 73, Ott Building, Nevada* City. Cc. A. Wallbrecht ELECTRICAL ENGINEER Located at FRENCH CORRAL Will consult with you on all classes of work.—Advice given. ~ GRASS VALLEY . 128 Neal Street H. H. PARSONS, M. D. General Surgery, Eye, Ear, Nose and Throat Phone 779 Hours: 10 to 12 A. M., 2to5 P.M. Evenings by Appointment Office 413 W. Main St. DR. E. C. SKINNER Osteopathic Physician Evenings by appointment Phone 716 GRASS VALLEY. CALIF. DR. VERNON V. ROOD Physician and Surgeon Office hours 10 to 12 Dentist Hours 8:30 to 5:00, Evenings by ap pointment. St. Grass Valley Telephone 85. «Ka Thomas Bldg., 152% Bis Street, up-stairs, second 10-12 a. m., 2-5 Dp. Fri. evenings. Shose 19, Grass Vall ley . i “H. NMARCH, M: D. “(Physician and Surgeon . om. daily. Mon., “W Mondays, Wednesdays, Fridays,’ 7 ie 9 P. 5728,, A. .W. STORZ _ DENTIST — X-RAY ; 1521, Mill-St.j Golden Rile Bidg. Office Hours:.9 to 12-1, te 6., M.—Phone ‘Dwight D. Johnson, M. De Office Hours: 2 to. 4 p.m. 7 Let D. Office Phone 51 Residence Ph RAG gee 112. Seuth Church St. “Grase Valley CARL POWER JONES, mM Pg Grass Valley, California Office hours: 1 to 3 ‘and 7 to.8 pm” Sundays 11:30 to12:30. °. i» Hours: Dr. H. B: Towsley, CHIROPRACTOR Office Hours: 9 a. m. to 12 a. m. 1 p.m, to 5 p. m. Evenings by Appointment $12 Broad Street Nevada City DENTISTS Dr. Robt. Ww. Dettner Dentist X-Ray Facilities Available 9:00-5:00. Evening. appointments. 120% Mill street. Phone 77. Grass Valley, CaliforniaOSCAR E. WINBURN Attorney At Law 152 Mill Street Campbell Bidg. GRASS VALLEY, CAL. Phone 47 ; i DR. WALTER J. HAWKINS Dentist 312 Broad Street. Hours 9:00 A. M. to 6:00 P. M. Evenings ‘bv ‘appointment., plete ---Ray Service. Phone 95. 203 West Main St, J. F. O’CONNOR Civil and Mining Engineer . + United States Mineral ewer Licensed Surveyor. Grass. Valley DR.JOHN R. BELL * Dentist Office Hours: 8:30 to 5:30 Evenings by Appointment Morgan & Powell Bldg. Phone 321 A. M. HOLMES Funeral Director Nevada City — Grass Valley The Service. of Sincerity FRED M. MILLER . CIVIL AND MINING ENGINEER MINING DISTRICT MAPS FOR ane 262 S. Auburn St.There was a young man wanted Beer. He wanted it sparkling and clean, When he found the New Real, he let out a squeal, it was here that he found it was DEAR OLD SCHLITZ. MAIN ST. GRASS vaeue Mr. and Mrs. BOARD BY THE MONTH $1.00 A DAY SHAMROCK CAFE harles Wyant, Props. BROAD S8T., NEVADA CITY Nevada City W.R. JEFFORD & SON Funeral Directors AMBULANCE SERVICE ————!> The Dugout Valley Hote! Bullding, Grass. Vailey i Corner “e and Neal Streets, Entrance on Neal st 4 SMARTEST AND NEWEST CAFE IN GRASS HOME COOKING—AND—IT’S . = Complete Service at Pleasant _ LUNCHES TO TAKE OUT—THESE ARE PFRCOL ATE wig igistared SPAS SATI THRE 8 VALLEY ne Grass Val Clothes ela nell tea these blacks stole ‘their wo Indian ‘remains vof La Labi represent a a r an abando of the hates n city was a) came as slaves from Africa, ec b ; black. settlement ‘oD such ve site, he center 4 apreeceney yt “y Office and residence at 128 Neal St, Grass Valley. A. M.,—2 to 4 P. M.—7 to 8 P. M. -_MELVIEN: E. BERRYMAN. 139% Mil ~ 4

. then be sold very readily. _ opén door of the bank to a lot across Monday, July 2, 1934 CHAPTER XIII—Continued : ——1E— “] do. Byt the Forlorn Valley Irrlgation district’ wil) not go bust, and ° with the increased fertility and, consequently, the doubling in value of the lands.and their increased earning pow: er, this bank’s security will be ample and the mortgages and deeds.of trust will be paid, If not, they can be foreclosed and the bank can take over the lands, subject, of course, to the bdénd issue against them. And they. can I have’ no” apprehensions on that score and if yon are trying to frighten me you are not making a very successful: job of: it.” Nate Tichenor pointed through the the, street where a gang of! workmen were engaged erecting @ one-storybuilding .of cream brickes “That. lot and building are mine,” ‘Tichenor in formed the banker lightly! “fm going to start a bank: there with a million dollars capital.” “You'll, have to ‘—prove’; i: gentine need for another. bank. and,you'll have to_ prove that your” ank has some solind “hopés. for success. And you . % cannot do that while the Bank of Vatley Center continues to oe as’ at présent.” “Well, I'll be all ‘set, baste to take. over the wreck of your bank, Babson, I’m patient. I can wait.” As Tichenor watked out, Babson turned to Henry Rookby: “Henry, that fellow’s so rattled he .dvesn't know what to do. He'd like’to start an injunction suit against the district, but he’s not at all certain he can win. Henry, he’s actually erecting a bank balding across the street. jhoping to . scare me ipto a compromise to save his face. Can yon beat him? “He’s small change.” Mr. Rookby replied disdainfully, “Forget him.” But Mr. Rookby’s airy advice fafled to bring the measure of comfort for which Babson yearned. . Even his own assurances presently failed him. Nothing in life is more distressing than uncertainty, and the wurtcertainty as to whether Nate Tichenor and Lorry Kershaw would apply for an injunction restraining ‘the. Forlorm Valley Irrigation district from diverting water from Eden Valley creek was a profound uncertainty, indeed. Babson wondered ° whether Tichenor was:reaHy. depressed over the situation. really disinclined to a fight in the courts. That night Silas Babson went home with a violent headache. -He did not sleep well, either, and the following night he was very weary, indeed, The . third night he was still sleepless and then his old enemy insomnia claimed him and he had a nervous breakdown. The Postmaster at Valley ‘Cenfer reported that Nate Tichenor must loathe the town with a& great-loathing, because not a single letter from Tichenor, his wife, or their employees was ever posted in Valley Center. And, as everybody knows, the pay of a country postmaster is predicated on the amount of businesshe does! A similar complaint eame from the. local telegraph wgent and the’ local telephone agent. Nobody could ascertain, via these agencies. anything of Nate Ticheror’s. busines® and this was a genuine deprivation. Nor was a single dollar of Tichenor money expended in Valley’ Center for anything ‘that could be purchased in Gold Run. The irrigation district’s engineer reported to Babson that before the first of April Lake Babson would be filled to the’ top of its flood-gates. Babson was jubilant. Under his urging, promulgated in the Forlorn Valley Citizen, thousands of acres of land had been prepared for alfalfa the preceding fall. They had been seeded just prior’ to the first rains, and succeeding rains at brief intervals had kept the new crops growing steadily and had deposited in the lands sufficient moisture to last until the spring rains ceased and. it would be necessary to employ surface irrigation to develop the first crop about the first of June. Babson decided therefore, to open the Like Bubson heudgates for the first time on May first and. to make the occasion one of general rejoicing; the descent, for the first time upon Forlorn Valley of the life-giving waters of Eden Valley creek should be an epic event. The prospect filled him with delight. thrilled him to an unwonted gener: osity, He owned rather a lovely farm on the western edge of the district, and through this far the main ‘canal had been dug, with the laterals leading from it down a gentle slope to the east and taking advantage of every . contour. There was a grove of Valparaiso live oaks growing on this farm close to the edge of the main canal and here Babson decided to hold a * barbecue for his people. A dramatic frenzy gradually seized him. May-day. immemorially dedicated to festivals, was to his day of triumph, a day that should repay him for his years of. labor, and selfsacrifice for. the public weal, Of course, as president of the Forlorn Valley Irrigation district, his right to be the orator of ‘the day could not be gainsaid and nobody tried to gainsay’ oe He dictated his speech to his secedited it,. revised it,. labored joringly over it, and when it was comwith appropriate gestures, to Henry ‘Rookby after the bank had, closed for the day. electrica) contrivance installed at the reservoir ‘headgates, and a wire led eight miles down country to connect stand at.the barbecue grounds.. He Meanwhile .he had had an with a push-button on the speakers’ had, the. district's engineer figure approximately how long it would require the water to flow from the headgates to the -grove, for ~he planned; at the moment of, mounting the platforny, to. press. his plshbutton, which would raise the headgates at the reservoir and* release the water. ‘Then at.a certain,dramatic point in his oration the water would make its dramatic appearance, Henry Rookby was to discover its approach and interrupt ~Babhson—with--shrill-and--appropriate -oriés of Amazenient and joy. “Bahsonfiad a motion-picture camera man from.a bews‘ reel agency engaged to photograph the head of the vast brown flood as ft rolled down the dry forty-foot main canal, bank-deep.. He» ‘sent out engraved invitations to the ‘grédt: oF thé’ county and plastered the” ‘barns’:and= fences; of Forlorn ‘Valley awith, notieds of the great evepti.and a cordial invitation te, sattend-—everything free. At the last moment he forgot his early religious trainjng ard erected a dance platform. He decorated everything. . liberally. with red, white und blue bunting and the Amerienn flag. and resurrected tHe striped trousers, Prince Albert coat, and top hat he had once’ been forced to purchase—or., look) ridiculous when act{ng a’ pall-bearer to a defunct congressman from his.district. He was so happy he elected to forget that. Joe Brainerd had _ once punched him’ several times on the nose, abd.-sent.over to. the: office: of the Register a detailed announcement “Eat, Drink and Be Merry, for Tomorrow You'll Be Broke.” of his plans, for he was ever one Who loved publicity. Promptly Brainerd: carried this news to Eden Valley, where Naté Tichenor'’s eyes glowed strangely. He set off immediayely for the county seat. a The great day arrived, and as*Babson mounted the speakers’ platform and gazed out over the hundreds of happy faces before him—as the Gold Run Silver Cornet band. broke into “Hail, the Conquering Hero Comes!” and three cheers and a vigorous tiger burst from the audience, Babson turned to Congressman Beatty, whose valiant work in Washington had aided to tap Eden Valley creek and secure permission to run the diversion canal through the public domain, and remarked that he was convinced at last that he had not lived in vain. Bowing to the audience, he removed his shiny top hat and laid it on a small pine table before him. He gazed lovingly at the magic push-button, his hand reached lingeringly out to press it, all unseen by his auditors (happily, he had taken the precaution so to place his hat that the pressing of the butten would not be observed) when a.rude interruption occurred. A commanding voice cried sharply, “Stop that, Babson!" and Babson stayed his hand to glance up angrily. _ Nate Tichenor stepped up on the. plat‘form: behind him came his wife and Rube Tenney, and a silence’ that was almost ‘thunderous settled over the grove as it was observed that all three were wearing two six-shooters each. Straight to Buabson’s side Tichenor 4 strode; he delivered upon the Babson shoulder a gentle accolade with.a bluebacked, legablooking ,document arid ‘then thrust it Into Babson’s hand, the while he said so all might hear: “This is a temporary injunction from the judge of the Superior court of this county, restraining the Forlorn Valley Irrigation district. its officers, members, employees and agents, from diverting the waters of Eden Valley creek to Forlorn Valley, and ordering the district to show cause, within ten days, why this injunction should not be made permanent, 1 warn you, Silas Babson, that if you press that button will be in contempt,of court.” yo Tnere ‘was not.a sound, For. two minutes the three on the pl ‘said: tomorrow you'll be broke.” put her arm through his and together to the audience, ‘grinning evilly, trudged stolidly in the had nothing to fear for ‘the future— wwewwrvrrrrr eT erw “Rat, drink and be merry, for His wife they descended the two short steps while Mr. Tenney, rear, Down through the center aisle they passed to an automobile waiting outside the grove; they entered. and rolled away, as Silas Babson was reading aloud to his people the damnable legal document that had changed his hour of triumph into one of despair. With difficulty controlling his voice he announced: ; “Mr, Tichenor has-a habit of dramatizing. himself, and while he has, of course; robbed this historic moment of certain high lights I had provided for your entertainment, still his rude and ungenerous’ interruption need cast’ no shadow. o’er us. ‘We are hereto enjoy ourselves and we shall do so,” And he proceeded to deliver his speech. Congressman Conrad Beatty followed him and assured his hearers that they take his word for that. Henry Rookby, invaluable tn desperate moments, had the band play whenever the speakérs paused for breath or. a drink. of water. and little by little.the gloom of Nate Tichenor’s dramatic visitation. was dispelled and the party took on most of the oo pf a genuine sciney. cation. In Nate ‘Tichenor’s tatest move ‘Silas Babson and his fellow directors ‘read only a last-minute’effort. inspired solely by malice, to embarrass the gistrict with a lawsuit that would drag through the summer and thus for another year deprive the valley of water. To thwart this, therefore, it was imperative that the district employ an. imposing array of legal talent immediately and have Tichenor’s suit to obtain a -permanent injunction go to trial without delay. Four days later both sides had finished with their witnesses, both legal . batteries had fired their last broadsides, and his honor looked gravely over the ‘top of his desk ‘at the belligerents. “Since this case went to trial,” he announced, “the Supreme court of the state of California has rendered a unanimous.-decision in an appeal from. a decision rendered by the. Superior court in a case similar to this, Due to the recent decision of the Supreme court, an advance copy of which has only this morning reached me, TI find myself in the embarrassing position of having to reverse my “previous view as to the constitutionality of Paragraph 534 of the Code of Civil Procedure, upon which the defendant corporation has based its argument in the issue at trial. “In general, the Supreme court of the state of California holds that there {fs no such thing as flood, storm or freshet waters in a stream, but merely a seasonal rise and fall of the stream and that all watefs therein, not merely the so-called summer or normal flow, are riparian: to the’ bed thereof, and may not be diverted from such riparian lands for the use and benefit of a non-riparian owner. The ‘Supreme court holds that all of the waters of said river (which, of course, applies to all streams throughout the state) are an inalienable and vested right of the owners of the lands riparian thereto. ¢This court has no alternative but to awatd to the plaintiff the permanent injunction prayed for, restraining forever the defendant public service corporation, Forlorn Valley Irrtgation district, from diverting any of the waters of Eden Valley creek. This court also assesses the costs of this action to the defendants, as prayed for in the complaint, ard it is so orWNU Service. Copyright, by Peter B. Kyne. The district can still condemn Eden Forlorn Valley,” Nate replied coldly. PROFESSION AL DI RECTORY ATTORNEYS MINING ENGINEERS . HARRY M. McKEE Attorney at Law 205 Pine St., opposite courthouse Nevada City, Calif. EDWARD C. UREN Mining — Civil Engineer Minin Weperss Furnished. Mining istrict ppd Phone 278R ewada City the. court can see no reason for re fraining from rendering an informal decision at this time and referring the’ . WOE. WRIGHT ATTORNEY AT LAW Office in Union Building Phone 28 Nevada City defendant corporation to its sole and inalienable right at law—the right to acquire the lands of the Bar H Land and Cattle company et al. through condemnation ‘suit or purchase by private treaty. ‘Court is dismissed !” There was nothing else for Silas Babson to do save weep—and he did. He laid his tired head on the counsel table and sobbed as if his heart must break. “Don’t take it so hard, Mr.

Babson,” his counsel continued. “You have one more arrow in your quiver. Valley and acquire Its water rights.” “Of course it can.” Nate ‘Tichenor was speaking from the other side of the counsel table. “But Eden Valley’s fertile acreage far exceeds that of Forlorn Valley. and it is infinitely more valuable. You" cannot have Eden Valley for less than two million dollars, and the lands in the Forlorn Valley Irrigation district are already mortgaged to the limit.” Babson, red-eyed, gazed at him with something of the malevolence of a trapped mink. “You've ruined Forlorn Valley,” he quavered. “You realize that, don’t you?” : “I haven’t given any thought to “Just now I’m reveling in the joy that comes of ‘the knowlédge I have. ruined you.. All I -have to do to save Forlorn Valley is to press a button. “For God’s sake, Mr. Tichenor, do it,” Bahson pleaded. “All these poor people—” “Who refused to permit me to be kind to them and save them from ruin,” Tichenor interrupted harshly. “All these pour people who followed their false leader blindly and stupidly, who refused to believe Lorry Kershaw and I had hearts in our breasts! All these poor people who hooted at me, cried me down, smashed my body, and smeared me with road oil and feathers! All these poor people who rejoiced in reviling my wife and me, _{n reciting our sorry familyhistory !” “Then,” said Babson, aghast, “you intend to foreclose the deed of trust on Forlorn Valley?” “The minute you default on the payment of the interest. Babson.” “and then—you’ll—press the button?” “Naturally. my investment sweet. a wee bit sour.” Silas Babson gave vent to a moaning little ery, like a hurt animal; he slid softly out of his chair to the floor. He had fainted. A group of farmers seated in the rear of the courtroom now got up quietly and stalked out. Tichenor followed them to the door and stood watching them. As if acting under the stimulus of a common purpose they walked to their shabby automobiles parked along the curb and drove out of town at a high rate of speed. When Babson let himself in the side door of the Bank of Valley Center about four o'clock, that afternoon Henry Rookby’s white face peered out at him from the cashier’s cage where Rookby was balancing his cash. “Wwe got to do something an’ do it quick,” Rookby quavered. “T’ve had a run on the bank since noon. What are we going to do tomorrow if this run continues, Mr. Babson. We haven't more than twenty thousand dollars in the vault now.” “Don’t open the bank tomorrow if you see a crowd in front waiting. Paste a notice in'the window that this bank has closed temporarily and will reopen as soon as I have returned from ‘San Francisco ‘with é¢ash to meet all demands for withdrawals. Got to Pll have iets make Just now it’s dered. At a later date the court will issue a formal written decision, . but Vivid recollections of a summer . aon 50 years ago, when the captain of the tug Hrie Belle vowed, with a mighty oath, to pull the schooner Carter off the rock-bound shore south of Kincardine, or blow up his tug in the attempt, were awakened when the oiler’ of the ill-fated. Erie Belle was hauled from the lake bottem to the shore, says a Kincardine (Ontario) writer in the Detroit Free Press. Charles Mucpherson. whovundertook the prodigious task of drawing the boiler from its resting place, proposes ‘to have it placed in Victoria Park as a relic of the days whefi Kincardine was a noted lake port. Of course. the boiler, rusted and. corroded, will be painted and on it will be placed a plaque. telling. the story of the Illfated tug. proving the old: adage that truth is get than fiction. Of half-inch steel, 0 feet in height, with copper flues, oy one of which ‘remains to show ' the boiler was once a part of the Belle, difficult the: anee ‘drawing the hulk from its . the shore: . Several al pan [ere a he 8 tn ihe it and sahil SSS L LLL LALLA DLA DLA ALL ALLS LSS SS ISSS LAS AL LSA AS SA Sed Boiler of Ill-Fated Tug Erie Belle Salvaged From. Lake After Fifty er ie ne place in two ; feet of mud. and rock, 150 yards from ive attempts ei it reluctant to} in have an excuse to keep ‘em quiet.” TO BE CONTINUED which seven men went to their deaths, the boiler snapped chains which were placed around it. Just half a century ago the Erie Belle blew up from ‘an. overtaxed boiler, which was too small to pull the huge schooner from the rocks. With pieces of machinery. and woodwork, the crew and spectators who were aboard the little tug were blown into ‘the air by the mighty blast. Fied Auslent Nediou City — ‘the existence of an anclent Indian city where the African negro settle ment of La Labrada now stands, on the Pacific coastal plain of Guerrero, is reported by archeologists, Science Service says. In the official list of known pre-Spanish sites in Mexico, La Labrada has not been’ featured, although beautiful carved stones there have been known. According to local Mexican history, L the mountains when the Indians of Guerrero . towns on the coast. frequently get. oe negroes fi J. T. Hennessy Lynne Kelly NILON, HENNESSY AND KELLY Attorneys at Law Office, 127 Mill St., Grass Valley Morgan & Powell Bidg., Nevada City F. T. Nilon George L. Jones Frank G. Finnegan Jones & Finnegan ATTORNEYS AT LAW Office: Morgan & Powel) Building, Broad Street, Nevada City, Cal. TELEPHONE 273 “DOCTORS B. W. Hummelt, M. D. PHYSICIAN AND SURGEON 400 Broad St. Office Hours: 10-12 a. m. 2-5 p. m. Evenings 7-8. Phone 395 X-RAY W. W. Reed, M. D. Nevada City, California Office 418 Broad Street. _ Hours: 1 to 3 and 7 to & P.M. Residence Phone 2. Office Phone 362 Alfred H. —— M. D. * . Physician and Surgeon _ Névada City, California Office 207 Pine Street. .. Residence 525 Nevada Street W. P. Sawyer, M. D. Expert Refraction Modern Glasses Best quality lenses and. mountings. Eye, Ear, Nose and Throat. Hours: 11 a. m.to 4.p. m. , Bvenings by appointment. Phone Office 11 — Residence 73, Ott Building, Nevada* City. Cc. A. Wallbrecht ELECTRICAL ENGINEER Located at FRENCH CORRAL Will consult with you on all classes of work.—Advice given. ~ GRASS VALLEY . 128 Neal Street H. H. PARSONS, M. D. General Surgery, Eye, Ear, Nose and Throat Phone 779 Hours: 10 to 12 A. M., 2to5 P.M. Evenings by Appointment Office 413 W. Main St. DR. E. C. SKINNER Osteopathic Physician Evenings by appointment Phone 716 GRASS VALLEY. CALIF. DR. VERNON V. ROOD Physician and Surgeon Office hours 10 to 12 Dentist Hours 8:30 to 5:00, Evenings by ap pointment. St. Grass Valley Telephone 85. «Ka Thomas Bldg., 152% Bis Street, up-stairs, second 10-12 a. m., 2-5 Dp. Fri. evenings. Shose 19, Grass Vall ley . i “H. NMARCH, M: D. “(Physician and Surgeon . om. daily. Mon., “W Mondays, Wednesdays, Fridays,’ 7 ie 9 P. 5728,, A. .W. STORZ _ DENTIST — X-RAY ; 1521, Mill-St.j Golden Rile Bidg. Office Hours:.9 to 12-1, te 6., M.—Phone ‘Dwight D. Johnson, M. De Office Hours: 2 to. 4 p.m. 7 Let D. Office Phone 51 Residence Ph RAG gee 112. Seuth Church St. “Grase Valley CARL POWER JONES, mM Pg Grass Valley, California Office hours: 1 to 3 ‘and 7 to.8 pm” Sundays 11:30 to12:30. °. i» Hours: Dr. H. B: Towsley, CHIROPRACTOR Office Hours: 9 a. m. to 12 a. m. 1 p.m, to 5 p. m. Evenings by Appointment $12 Broad Street Nevada City DENTISTS Dr. Robt. Ww. Dettner Dentist X-Ray Facilities Available 9:00-5:00. Evening. appointments. 120% Mill street. Phone 77. Grass Valley, CaliforniaOSCAR E. WINBURN Attorney At Law 152 Mill Street Campbell Bidg. GRASS VALLEY, CAL. Phone 47 ; i DR. WALTER J. HAWKINS Dentist 312 Broad Street. Hours 9:00 A. M. to 6:00 P. M. Evenings ‘bv ‘appointment., plete ---Ray Service. Phone 95. 203 West Main St, J. F. O’CONNOR Civil and Mining Engineer . + United States Mineral ewer Licensed Surveyor. Grass. Valley DR.JOHN R. BELL * Dentist Office Hours: 8:30 to 5:30 Evenings by Appointment Morgan & Powell Bldg. Phone 321 A. M. HOLMES Funeral Director Nevada City — Grass Valley The Service. of Sincerity FRED M. MILLER . CIVIL AND MINING ENGINEER MINING DISTRICT MAPS FOR ane 262 S. Auburn St.There was a young man wanted Beer. He wanted it sparkling and clean, When he found the New Real, he let out a squeal, it was here that he found it was DEAR OLD SCHLITZ. MAIN ST. GRASS vaeue Mr. and Mrs. BOARD BY THE MONTH $1.00 A DAY SHAMROCK CAFE harles Wyant, Props. BROAD S8T., NEVADA CITY Nevada City W.R. JEFFORD & SON Funeral Directors AMBULANCE SERVICE ————!> The Dugout Valley Hote! Bullding, Grass. Vailey i Corner “e and Neal Streets, Entrance on Neal st 4 SMARTEST AND NEWEST CAFE IN GRASS HOME COOKING—AND—IT’S . = Complete Service at Pleasant _ LUNCHES TO TAKE OUT—THESE ARE PFRCOL ATE wig igistared SPAS SATI THRE 8 VALLEY ne Grass Val Clothes ela nell tea these blacks stole ‘their wo Indian ‘remains vof La Labi represent a a r an abando of the hates n city was a) came as slaves from Africa, ec b ; black. settlement ‘oD such ve site, he center 4 apreeceney yt “y Office and residence at 128 Neal St, Grass Valley. A. M.,—2 to 4 P. M.—7 to 8 P. M. -_MELVIEN: E. BERRYMAN. 139% Mil ~ 4