The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-03-07

: the pca,llnGs Was 1lEen ~ the case .
]. Lro. Mace ". H. >. lewis. ia an artiu
J. for damages oycg a contest foi the waite
in Reservation creek. near Rosebud. / III
. following are the instructions given T.
. The court as tiie I;iw upon which to de
: I mime "A verdict
The tiisi instruction is to the cifec
thai il plaintiff duly appropriated ant
used the water Of Reservation creek ant
did not abandon il. then in that even
his claim of right to the use Of the waite
Of Reservation creek for the purpose ol
irrigation is prior to any claim Of right
to the Use OF the said water or any part
thereof by defendant
The secured instruction states that
plaintiffs ownership Of the land is adj
mittcd. and also that the waters of Res
ervati"n flow through his land.
The third instruction states that the
I plcadin"s admit that defendant made
two filings for water rights. one for
/ 4:52 and the other for 30 inches of
water
Fourth The court instructs you that
al the time the plaintiff claims to have
acquired the right Ia the use of the
water III Reservation creek and up 10 and
until the passage of the act of March T..
1850. any person having a title or pos
session right To- any agricultural lands
within til" then Territory of Montana
was entitled to the use andenj joyment of
the waters of the streams or creeks in
said Territory for the purpose of making
said lands available for agricultural pur-
poses To the full extent Of the soil there
Of. You will notice from this that be-
fore March T.. iss5. no act other than
the appropriating the water was neces
sary 10 secure IA prior light to its use aud
enjoyment.
Fifth IT YOU find from the evidence
that the plaintiff acquired his right to
the water 10y appropriation prior 10
March II. l,So. then and in that eyeGt
he might pcrpetuate his right by fling
in the office OF the recorder of the coun-
:.
=,
-
..s.t ''>.'
IN :. - " -
,;ohts =, The ms. If ,,.,,sr ahali ,ii,h,,' ]
blk months after the publication Of this
act. tile i'll the office Of the recorder of
me count. ~ Hhien me wafer fiSht Is
notice h. ,l,s,Ix u,v,n IF recnrI ,s ~.
quirea by this act. the same facts as re-.
gulred In the notice provided for record
~ s.c'n'l, ~ In o' ,nis ehap'er, such des
in scrti,n ~, If this chan,er in Eases
Of notice of appropriation of water: pro
rlded that failure to comply with the
aeI"'nenen.s ,.a1 u .i,s section may ~ no
rc",,ir.d r"h,s mar nrsvent r. vent any such
claimant from establishing such rights
in the courts.
You will see that in this section the
pla'nti1 would lose no rights by failure
10 compl! Herewith. provided he had
acquired right 10y prior appropriation
to the waters Of Reservation creek.
Sixth The court lnstructsy"u that ii
You hnd from preponderence of the
evidence that the plaintiff complied
with the law as in the preceding instrnc-
tions and acquired the right to the use
of the water of Reservation creek there
by and that since that time he has main
tanned his bitches, headgates and fumes
and continued to use the water for bene-
.'o.a' ''io'e "io' i''' 'a'" "u''ne 'ne
n,ea''"" .oaeo" u eaen year u"." III
.o''e'e. WIN u oos''"o'e" ''o1. ." w
ing ~ '"e ".,en'a.'' ., 'nen anu ~ 'na'
o.en' W" VIII nlu 'or tue pia'n'hh' no'-
"''n',ano.s 'ne 'e'eh'an' n'sh' nave
eo"ip''o" WIN 'ne 10" 40 W tue "cfu"
u,'"' =. ""'e. i'sn'' "" 'i''' .na.