, 1897-11-30
THE KANSAS SIDE.
AS STATED BY AN ATTORNEY
FOR THE PLAINTIFF
STATE.
Farmers Along the Arkansas Have
Had Their Lands Rendered az Dry
as a Bone-They Will Fight the
Matter in the Federal Courts to
Establish Their Rights.

A special to the Denver Republican
from Wichita, Kas., says:
The recent announcement that the
farmers Of this section had organized
with the purpose Of instituting suits
against the irrigation companies Of
western Kansas and Colorado to pre-
vent them from tapping the waters Of
the Arkansas river, has created great
interest throughout southern Kansas,
and Cash Henderson, who originated
the scheme. is daily in receipt of many
.etters requesting additional particu-
lars. ]. d. Houston, a prominent WITCH
tia attorney, who has been employed
to conduct this litigation in behalf OF
the farmers, when asked for informa-
ton regarding the legal aspect OF the
case said:
Il feel great hesitancy in expressing
any views on this question. because OF
its great magnitude and of the difficult
lies to be met and also because the best
lawyers and the highest courts are
found on both sides of the questions
involved. do not mind suggesting my
own Impressions, however, for what
they are worth. if you desire. them.
LEAVING THE ARKANSAS DRY.
Many of the substantial farmers liv-
ing along the Arkansas river in this
county, together with Mr.. Crewson OF
this city, requested me to take what
ever steps were practicable to prevent
the ditch and canal builders in western
Kansas and Colorado from drawing the
water out of the Arkansas river. They
claim that their farms have been
greatly damaged because of the fact
that while the water used to flow be-
tween the banks and p%ercolate through
the sub-soil for a long distance ON
either side of the stream and nourish
their crops. they o do not nave even
water enough for their stock and other
farm purposes, while the river bed is
dry through the summer.
1T is an enormous undertaking to
combat all the ditch and canal COM
panies along the Arkansas river 10
western Kansas and Colorado. Drt not,
wit%hstanding this no lawyer will state
that the dwellers along the river in
Colorado can, without making remun-
Grafton, absolutely obliterate the
stream to the detriment Of riparian
holders in Kansas. where such detri-
ment is material and amounts to a
nuisance.
SOME DECISIONS IN POINT.
1T has been held by the federal court
that such detriment and nuisance are
not justified by the legislation OF con.
gress permitting mining on the public
lands of the United States under the
act of 1866. nor by state legislation, as
such legislation would be in conflict
with the constitution of the United
States.
I'VE call attention to these decisions
because of the fact that the states of
Colorado and Kansas as we'll as the
United States, have enacted certain
laws giving the right to construct GER
tain bitches and canals to draw of wa.
ter from the Arkansas river. II these
laws are valid, then our farmers can
have no relief. but, as above stated, the
federal courts have held that they are
not valid as against riparian holders
who receive special injury on account
of these canals and bitches.
THE courts have further held that
no right can be acquired by prescrip-
ton to commit a nuisance, and that the
statute of limitations will not run In
such cases.
WILL LOOK 1T UP FURTHER.
"Of course, l would not venture to
express an individual opinion as to
whether or not anything can be done,
but 1t does seem to me that this great
river which we learned in our geogra-
phies at school as one of the great
rivers in the country. cannot be blotted
out and its bed and shores turned into
a desert without some one being re-
sponsible for the attendant damages. /
am requested by my clients to 60 to
Denver and look the matter up further
from that end of the line, which / will
do next week. Our farmers are ready
and anxious to furnish the money to
litigate this question to the end. but II
is too great an undertaking to push
without the most careful and seriouA
investigation.
THE question as to Interstate rights
as to waters passing through the sew
eral states has occupied the attention
of the department of the interior for
some time, but the secretary of the In
terror says it seems to be no nearer 20
luton than when it was first constd-
cred"
For group photographs of the family,
go to HBYNS
DISSOLUTION NOTICE