Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1896-06-04

HhFe us%H MeteFInlueu WheLUnF Luefb wiz
an underHow beneath the surface ~ the
channel, such as IL contemplated by the
statute. BY making such openings
aud by turning loose all the waters now
stored by tho defendant or diverted,
and letting them run IN their natnral
channel for period of time and taking
ob1erVatIons IN these openings, it seems
TO me tbat IL conld have been conclusive
Iy shown whether or not these waters
reached the landFof the plaintiffs, and
II 80 II nj least could have bssn deter.
mined ln'a linIited way 10 What eytenl
theysreached them. No such evidences
hps been offered aud 10 detcfnige sQsnc
a thcho questions, the coiut must nec.
essArily determine them largely from
,nferenhe. t. =. II 80
| 1t II true that ths court has viewed
the locality IN dispute from the springs
down the alleged course Ut this channel
for distance perhaps of Aye miles; but
the existence 0fan underground chanueI
cannot be determined by observation
IL can only be determined from Interen.
ces drawn from facts that can bs OF ser
we'd upon the surface. .....
Now as to these springs, the first
question IL are they percolating springs,
or are they such an are pRrt otthe
ground and would belong 10 The owner
OF the soil, or arc they natural springs,
the source OF this streamY Foar or fve
were shown in the1ourt within short
distance Of each other, and as now
recOIlect there Ia nothing contrary in
tho evidence, the water in the alleged
springs wps issuing forth from fractured
trachyte rock. .......
The farthest from the channel Of
stream was not 10 exceed,l2 feet IN
direct line. Some OF. them we're IN
the immediate bank Of. the creek aud
bong distant not more than or q or \
feet from the edge Of The water flowing
in the chaanel, Recent excavations in
the way OF el arlng them had been
made, aud at the time they were observed
by the court they were running in this
little artificial channel where the soil
had been removed from the rock. In
ono iDstNDGe AT least the wataF WIS isGu-
ing from the rock Rt u distance of 4 or b
feet from it's base TO where the water
struck the pool or basin ot the spring.
The water was not o0zing or seeping.
II was running from the crevicea In the
rocks aud down the surfaee OF The rocks
IN small streams or sheets, 10 deserts.
ing Que ] ana practically dsscriblng all
that We're shQwn TO me. AT ths point
where tho water from these pprinRe was
cotuIng down there was n we'll defined
ehaDnelt anal stream .qt wateA hywlhg.
thefem. There wds a streNm OF water
ilowlng AT q p6int Gbnye. the apnngs
The cyiaanee In this case shows THAI in
the spfiSg time, or certain seasons of
tho year, II runs for some distance above
he spripgs one witness has seen u run
u distance ot three mlles tabove the
sprlnga, There IN other testimony 10
show that in tho dry season TINT the
streams flow for a very little IL any dis
tance above these springs. Above tnese
rocks from which the water issues there
~ some vegetable mold and pnFtly de-
cayed foliage, limbs from pine trees and
cones and stuff OF That kind that ia
usually found upon all the hill sides
whore pine trees grow, In no ptace
did ! observe that soil or mold over ~
or IL inches over the rock etnitting
water and do not remember any ava
dence introduced ia the csise as To that n
III ! understand tho deinitidn aud dmean4i
ing of percolating waters II Ia a water
that ooges through the soil or the ana.
teral IA which it II found, II may be
sand, II may be- mixed sand soil aud
gravel, aud by aoil | mean To include
clRys aud earthly matter, but II is not
lSsulng. in any Rppreolable quantity
II, might come In drops ever the face OF
the aoil or substance from whlcllit comes
ana IL might be difficult to gather u IN
any vessel IN, any quantity whatever,
by natural spring, ass L'unaerstand
the meaning Ia our statnteS II means
where water IL iiomng, Mt,e In the
nature OF u stream, sometimes 1t may be
drpping, uenally IL is expected TO at
least triokle in small stream IN Il con.
tinuous flow OF water; not oozlng out
,rregnlarly, not coming IN small drops,
but coming in some quantity 1t may
come from hole IN the rock, Vt may
Nome from crevloes In the rock or il may
come from fractures IN the rock,
In these springs that the court vas
asked TO observe lin making measure.
ments II must be conceded it waa not
correct, but simply for the purpose OF
approximations Rhere the waters were
confined within from 4 To \ feet ot the
hce OF the rock from which they wero
issuing, they we've forming a little chan,
nel running from To ii lnehes ia
width and varying from quarter To
eomenmes an inch IN depth. Ia other
words forming considerable streaM, hy
which II would he possible and praea.
cable FOR u person To I'LL any ordinary
household vessel in a very shart hme,
They wera not far apart and they were
close 10 this channel, aud l have eaMe
Ia the conclusion aa to tAeSa springs,
that they are natural sprlngs, flowing
apringe, and many are not peToolating
waters within the meaning ot our statute,
There Ia evidence of channel there M
which water IL flowing at laast u portion
ot the aeaaoA above these spnngs, Aa
10 any point, except y FEW roda that
we're v's.hle from tho spriags, tho oourt
Made nc Newi but from the sprlags 10
the frat reservoir there Ia PLAN we'll
defined channel with hr0ken fragmen,
tary rock At the battoM with the water
towlng entire over II and iNto the roaer,
voir The bank upon the eastern slde
not helng 40 hlgh "a upon The
western eide, thefe The bank forms
tAe base ot q slope that runs up into
the hill that might possihly he called
mountain, From the fFst reservoir Ia
AAa N.AaAa,N.A "a aha - ~ - n