Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1896-06-04
Judge PIoRrlan's Decision.

rs ~
Smith ftays that ne thinks possible other
openings might be found, ne only went
as far az lac could 60 without farther
excavation. AZ thia po.ut it 10 entirely
'cOriectnred and speculative for any one
TO determine whether this limestone
k5dge extends for miles and miles under |
meath this country and containing cav /
Ierns with capacity to hold all the |
water that sinks there: it would be just
90 plausable and inst Do sensible 10 pre- |
sumo that II u enters there that there
are other openings where it would come !
ont again into the channei, and outside |
OK one or two differences that perhaps
any man OF common sence, would he per-
mitsed to draw, mo- ore perhaps 10 able
10 determlne Just how that creek chan
mel or gorge was formed. The lime
stone on either side as far as can be |
Seen, and the testimony of the geoleg,sts
corroborates ii, has been fractured aud
displaced and hyf the intrusion or the
trashyte folded back upon itself Frac-
lures are visible on the way 10 these
springs IN driving over the hin, in fact
the apex OF this limestone wheYe il Ia
thrown mp ID rugged and irregular, large
portions OF ID gone, and places where il
apparently 10 in ridges and places again
were there seem to be troughs, and IL
would be- just as plausible perhaps to
say that here . great fracture had been.
made, becassss upon the lower side Of
the channel the limestone In gone. FOR
q long distance back It has been .ercd-
cd; il has been carried away. But II
say u would be just IS plausable to pre-
same that these waters found their way
in To IL and In the course OF constantly
trimming through 1t increased by the
!seshets, falling snow and heavy rams.
and the accumulation above there of
Large quantities OF water, has worn, and
with the action OF FROST in winter time
asparsted and disintegrated thess rocks
Hntal shat channel has BEEN formed
Through the formation. That immense
quantities OF water hare come down
there 10 perfectly evident 10 any one, be-
cause there are rocks In IL that do not
belong and are not OF the same charac-
ter AZ the rocks along It's side, showing
that they have not rolled In from the
sides OF the channel, but that they must
have come down from above, and the
: only foEoe VISIBLE, or The emily effect oi
lany sc9re 10 that ot water, Reasoning
from this fnferencs, il thai b true, Il
there has been force OF water 10 carry
these large bouldeFs and rocks from .
ldistance and lodge them in this narrow
gorge against these rocky sides, there
would be force enough perhaps TO gel
an underground channel; ms I say, ons
theory perhaps is as plausible as another
Under the law am compelled to decide
this case, and I have got TO decid,
lsomething on these disputed question:
pf fact; as say I csn only do so Oh
some OF these questions by inference.
J Again, ut the point, there fora sssai
distance the water 10 trlckling dowHs Il
shows that, there 10 wataE coming from
aome place along that channel among
those rocks. Evidently 10 must com.
from some place above because 10 hal
forced itself ont through what Prof
Saith calls purple limestone, crystal
1 line limestone, specie OF marble, com
u ing through the crevices. There mus
ID be some force or pressure Of water
there must DO some water behind ia u
!, tt0rcs ii through the creyices. No evl
= dence was introduced nor did the Oour
SEQ any. evidence that. water percolatet
ia from the coil ON the side; whateve
inference can be drawn ia, that II mus
come from this rocky bed OF this gorge
Again, the Court desired in this case
bhuA IL was not furnished him, q correc
surrey giving in sections the Call from
these springs down along the couEse Q
/ the stream. It is well known tina
water wall pass down o steep grade Hp'
much more rapidly and have create
force ct the bottom than II IL hows Owe
q gradual fall. That has not been fun
flushed me. There lis evidence her
that the elevation OF the springs abov
lEknrgissia S65 feet By one engineer, th
tnahaeapuan ia hasla lower; what th
tFlifferenoe may be between here and th
junction OF Alkali Greek with Meyer
spring docs not appear. Defendan
has introduced In evidence geologios
map ot che United States which 10 GOV
cred with coatOur linees and there ar
Elevation figures gwen omit, but no 81
PLANTATION is given me so that i can te
just what distance these eley ration point
are from the channel OF Alkall Creel
| I may say that this map ID not u cor
rect one. in fact neither Of the maps M
correct that have been introduced i
evidence as shown by the evidence 4
witnesses. but i have admitted then
nm They were perhaps competent TO sho'
that this has been recognized by th
u Typographical engineers and by ca
Il government OF ths United States itself
and 10 has owned the land, As cree
channel, nj ID 90 plated. On one ma
{ There Ia q pointaof elevation gwen, az
! parently that on the creek channel Q
the point where il enters the mhitar
reservation on Fort Meade or very nes
4 there, st 3AO0 feet. The next neares
! point that can get and lowest dow
the stream 10 about D miles distant nj
c0rding TO the scale Of this map, ther
Z il 10 gwen at 27OO feet. Take that .
! approximately correct there woald the
be Call eli TOO feet from the wester
point OF the reservation down say
I where 10 empires into the BellefOurchs
I and perhaps there - TOO feet betwee
the western line OF the reservation ON
these springs. ,of course NJ can only :
! appropriated because as say, this
! all the evidence have upon that pom
but il this lie true, there would be In
Of about 1400 feet there In aomethSn
: like 80 or 35 miles. Psrbsps the WIND
{ ing OF the stream might make il farth,
. then that.