Western liberal. (Lordsburg, N.M.) 1887-1919, 1890-06-20

BE 1t Rtmsmbsfed, that in vacation nc
Chambers. al Las Cruces. New Mexico. on
the 24tb day Of MAY, A h. 1890. the iol-
loving precerat &c wero bad. 20 Wit.
The SAN ,IMoNc ArrLEl
AND CANAL Co ET Al. NJ ofAt
JouN T McWHrnr Er '"1u"0'''
Al.
This cause colning to be heard upon the
amended bill, the answer thereto. the re-
p~lioation to said answer. the proofs taken
before the SPECIAL Master heretofore ap.
pointed herein, and the report Of said spe-
ciaI Master, and it APPEARING fr6n the
record in this csaas Solicitors for the Re
spondents bersin Rave beretofsre with
drawn from this esuse. and that Respon
dents although duly notified : 0 appear be-
fore this court have made default, and 1t
further appearing that exceptions aud Oh
%jecuons to said Special Aastss's report by
complaipants waived and conplainants
being present BY their Solicitor, q, q. Pc
ssy, Esq and The eeurt having heard the
said report read and having heard argu-
mszts upon the same, anG osirg fully adj
viSed in the premises, and i appearing
lrom said SPECIAL Masters report, that the
material allegations Of compiA aants said
amended bill are 10y the pfsofa sustained,
and that tue equities Of tais cause are
with complainants.
IL Is therefore ny the court ordered, ad-
Judged. and dvcrssd hat tno writ Of In
Junction heretofors in this cause issued,
restraining ard commanding the said Re
spoadtnts Jahn T.. McWhrt, Reuben
Hidden, Jamss Harper, Henry LundErsn,
and Joseph G. Parke, thoir agents, en-
ployes. servants, attorneys, ana consellors,
and each aud every Of thsm, from keep.
leg and maintaining a dam, heretofore by
tbsm erected to-wlt;
On or about the first day Of April, A. d.
1889, aeroes Tie San Simon branch or
creek. IN thv Ceuaty Of Grant, aud terri
tory Of New Mexico, at a point he
tween SAP Simon spring, and the head Of
a certain ditch heretofore Constructed by
George Turner. ct al, and that thsy re-
fraiu, aud dssist fiom molsstus, Interfere
mig vita, hinjvriak OF iupeding tb.
eomplainants or any or either Of them,
lheir managers. agents, servants OF em-
ployee from the free, uultvrrul ted, un-
restricted use aad eontrel of aEeshe waters
flowing from SAID San Slmon spriag, aud
creek, and passing 5hrough the bitches,
aud over the grounds, and lauds hereto
fore spd new swned aEd Possessed by
complainant herein, or by any OF esther
Of them 20 bc nsde, aud the u54se Ia hare
ey maae perpetual.
Aad it ia further ordered, adj ldgea. and
doeresd, that conlpluasats the San Simon
cut,ls and camel Company. is the owner by
priority Of appropriation, sud in the pcs
sess.os e, al ta- wators ot, and flowing
from the San Sirpon ,prinY, 'ilnJe il the
county Of Gr~,4, ana territory of New
Mexice, Aud q cEO ths S4u simon croek
on cisneca. and tsos4 20 c%ertDin ditcnss
known as ,nr ..,. aud west silenss Of
The San aiuion ,.5tle and canal csmpsuy,
erscicd rrlgr t. tae dmaenceNyn of this
sua, situate IN s1,d o5suty Of Grant, and
@ t2c couaty of Cochise, aa3 rrrr'.ary o.
Arzoaa Such oaeersAip, and water
rjgbV to exist, and sontlnue 50 long as TIE
uso, and appropriation o. said gatyrs, by
said San Simon fattls and canal company
shall csutiuus aud o. asesaoayy for the
said company
And u iaritrr appearing 70 tbs eoprt,
lhtt tie danages anstaiuea by tn esm-
plg nan's the San simon cattle and canal
rom pauy. by reuson OF acts Of the respoa-
dents, in ne diversion Of "a" waters Of
tu crack and Cien"ga frsm the bitches,
and lands Of the eomplaia4nts amount to
the sum Of tweuty-one hundred dollars.
tits therefore further ordered, and de-
cresd, that cor plainanta the Nan Simon
cattle apd canal somnaaY 30 hav. and ro-
cover Of The respondents John T. Me-
WAirt. Reuben MADDEN. Je,aes H4rp-r,
h.sry Londeren, and Josegh q P4rkc.
thp SUM Of swsaty cue huHdred dollars,
togs,hei with costs Of teis pro .seding to
os taxeo, snd bat execution issue there
TOR.
It is further orogted thai h P. Barnes,
E.q the Special Nsstar ssrein bs allowed
to- ssn CT que thousand dallsrs Tor his SER.
viees 10 this cause; ard such lilowshea be