Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-06-27
THR ALBUQUERQUE pITcH CASE.
order Made BY Judge heFie-Ihe Com.

-
order Made BY Judge neFie-The Com
pany can Proceed With Work.
In the case Of the Albuquerque Ian,
q Irrigation company against the Pu
eblos OF Ssndia and Santa Ana, dis
missed on Thursday last, the said pu
eblOs, as cross cOmplslnants, desired al
Injunction restraining the ditch com
pany from constructing its ditch system
across the land OF the pueblOs. tn,
attorneys appearing for the A~lbuquerqu,
Land II Irrigation company were W. B
Childers, and Messrs. Collier & Marion
and for the defendants and cross com
p~lalnsnts, Geo. Hill Howard.
The following is the order a. made b,
Judge Mcfie in the case:
In the District court OF the lat judicial
district, county OF Santa Fe, territory Of
New Mexico.
Albuquerque Land
n Irrigation CO.,
vs.. No. 8OO7. Decree,
ct al,
This cause coming on TO be heard upon
the original complaint, answer, cross
complaint, and the reply thereto, ant
upon the agreed statement OF facts sub.
United by the parties, and the court
having heard counsel for there spectiV,
parties, and being fully advised In the
premises, finds:
That the preliminary survey which
was obstructed by the said defendant.
has been fully completed, and all the
relief prayed for In the original com,
plant has already been had.
Aud the court. upon the issues arising
upon the cross-c0mplaint, the answer
thereto, finds: First, That the said
plaintiff is regularly Incorporated. and
authorized TO exercise the right OF emf.
nent domain for the purpose OF con
structing the ditch referred 10 In the
pleadings in this cause, and second, that
the said plaintiff Is entitled as q matter
OF law 10 construct said ditch, and 70
exercise the right Of eminent domain by
going upon the lands Of the said defend
ants In compliance with the statute, and
appropriating 80 much Of said lands a.
may be necessary for the construction OF
said ditch.
The court further finds that the cross.
cOmplainants are not entitled 10 the re-
lief prayed for In and by their cross-com-
plant hled In this cause, that In accord.
ance with the stipulation and agreed
statement OF facts filed herein, the said
cr0ss-c0mplainants are entitled 10 their
rights AZ prior appropriations of water In
said stream, and the same are not 10 be
adJudicated or affected by this decree.
The court further finds that the rights
OF said crOss-cOmplainants as such prior
appropriations are not and cannot be af-
fected In any way by the construction
Of said ditch, and that the decree rem
dered In this caUse is subject 10 such
rights as the said crOss-complainants
have, 10 the use OF the water in said
stream a. such prior appropriations, and
for the purpose OF protecting said rights
said c0mplainants are not now entitled
10 an Injunction.
The court having fully considered the
issues arising upon the pleadings and
the agreed statement OF facts herelnbe-
fore referred to
Doth order, adjudge and decree that
the said original complaint, and the
cross complaint, be and the same are
hereby dismissed, and that the said com
plainant have and recover its costs in
Its behalf expended, TO be taxed, and ex-
eeutiOn issue therefor. An appeal TO the
supreme court Of the territory on the
prayer OF said cross cOmplainants Is
hereby granted.
JOHN r. McFR,
Associate Justice OF the Supreme Court
OF the Territory OF New Mexico, and
Judge OF the First Judicial District
Court thereof.