Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-06-09

Messrs. Knowles, Attorney, and Chas. Car
YER Addresses the Council in Their Own
Cause and Councilmen Respond in the
Interests of the City.
As was promised on yesterday The
| MINER to-day gives more in detail from
| st~enographic notes the discussion in the
| Council Wednesday night on the water
| question. After the estimate OF Engineer
| Harper had been submitted and some rou'
/ tine matters had been disposed of, MI.
| Monteath said the subject of water was al
ways uppermost and introduced Judge
4 Knowles as the attorney Of Messrs. Carver
& Ford. That gentleman came forward
and said:
l am not fully acquainted with what has
| heretofore been done upon this subject, and
it is only upon one or two questions that
came here to address you. l understand
| that there is some question in the minds OF
the City Council as to Mr.. Carver's being
able to carry out any arrangements he may
make with the city, owing to the claim that
he had a disputed water right. l 10 not
know what figure that will cut in the calcu-
lation OF the Council, nor do l know what
ground anybody proposes to dispute that
| right. [ have heard in the last few days
that Mr.. Feelley had asserted some claims
in some way, l do not know upon what
claim he can base any right to that water.
I would say to the City Council that l have
no doubt but that Messrs. Carver and Ford
1 l,.o , .DNl r;obt f0 of loaSt from Hnn TN
| 7OOinches of the water taken out OF Divide
Greek and brought across to this side OF the
mountain. OF my own
Personal KNOWLEDGE.
/ known that as long as 1S6S-twenty
years ago-water was taken out OF that
creek and brought over to the mines in
the neighborhood of Silver Bow. And |
think | may say that every summer from
that time on up to this last summer that
water has been used through this dicth
across the Divide and through the bitches
upon this side. What right Mr.. Feeley
could have acquired, unless from Mr.,
Carver and Ford or some n who had
appropriated it, [ do not know. L
claimed by virture of ownership In the
land l think you will find that the water
was taken out n DrougnG Oh W Uhie
side OF the mountain long before the LAND
was surveyed. For a number OF years
there was nobody living on that creek al
all. There was a man living in an old
stone building but he left it long ago anC
the building was torn down. Forrest d
Brother were the next persons living OF
that creek. Afterwards Chas. Wonderlict
came there and built those houses. But
none OF these parties had any rights al
against the original appropriations OF tn
water. If Carver and Ford appropriated
more of that water in the last fourteen Of
fifteen years than they were entitled tt
they might be liable in a suit for that ex
cess. There may have been some fore
closure proceedings. Some rights wert
acquired in probate from the Reybole
estate. 1 think W. A. Clark was admins
traitor OF that estate which was distributed
to the heirs, Henry Reybold and sister.
forget just how it is but l think the orig
nal ditch was dug by Lutte and Wayn
Bernard and the water has been used eve
since. AS to the amount OF water at TIN
command of Carver and Ford being AIDE
quate / think there can be no question. A
to anything else in relation to this matte
| would like to know what the council
want. As to the
A1ur I'M