Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-02-02
THE COLLIER SIDE!
Judge N. c. Collier Addressed
the Court.
he Appeared as Attorney for the
Ditch Company.
Hon. Neill q. Field, for the Farmers Is
Closing This Afternoon.
A DECISION WILL M REHDERED MONDAY.

Almost the entire forenoon to-day was
occupied BY Judge N. G. Collier in his
argument before Judge Crumpseker on
the injunction suit Of the Albuquerque
Land &Irrigation company vs. Judge T.
G. Gutierrez ct al.
In opening Judge Collier referred to
the situation in the Pecos valley country.
where II became necessary 10 organize
corporation 10 make the vast improve
ments, which could not have been done by
individual effort alone and declared IL
10 be a memorable and important event
in the history OF tbs territory for 1t con-
served the publ, welfare. He then
drew an analogy between that country
and this and claimed that here too II had
become necessary to have corporations do
what individuals alone could not do.
No exclusive rights by appropriation
were recognized by the law which en-
phasized the equality existing between
all the people In the appropriation OF
water; II did not restrict the privileges
to those present, but extended II 10 those
who came afterwards and an old appro-
priator had no priority Of right over the
new one, but all stood on an equal foot
ing.
The plaintiff company was, he said,
simply an agent actually possessed OF
the rights and powers Of individuals
who used the water. The appropriations
OF the water need not be the owners OF
lands irrigated. but simply agents OF the
users. The right OF prior appropriation
dates from the division and actual appli-
cation Of the water and the user by tax.
ing water from the company, constitutes
IL the agent Of the actual user and has
the same rights OF appropriation as the
user himself
Judge Collier quoted from an opinion
to the effect that zone may divert water
himself or through corporation TO con.
stitute valid appropriation"
The territorial statutes provided that q
reasonable and equitable price should be
charged by the company and the law
would thus take care OF the charges and
rates.
He quoted decision OF the supreme
court, holding that the water rights In
Mexico were public, prior to the cessa-
tion of this territory to the United
States, the treaty OF Guadalupe HidalgO
did not affect them, but left them public
and subject 10 state or territorial legis-
lature.
Judge Collier finished his argument O
few minutes before noon, and United
States District Attorney Chllders occu.
pied few minutes In calculating some
points which he had neglected 10 touch
upon In his argument yesterday. He en-.
deayOred 10 prove that the plaintiff In the
present caseis public corporation, and
cited case wherein all the people In an
irrigation district, regardless OF the fact
whether they used the water or not, were
taxed for the construction OF an irTiga.
tiOn canal. This he considered the most
conclusive proof that enterprises OF the
kind are public and not private.
When Mr.. Childers had finished court
adjourned until o'clock this afternoon
when Hon. Neill b. Field made the
half of the defendants.
Mr.. Field completed his argument tbii
afternoon and Judge Crumpacker theT
announced that he would take the casC
under advisement until Monday.