Arizona republican., 1899-12-27

mony for the plaintiffs the following facts are gathered:
 In 1877 a party of colonists from Utah settled on the south side on lands now under the Ditch company. It was stated that they came as missionaries to labor among the Pima and Mari copa Indians and undertook to afford them spiritual instruction, worldly benefit and protection against the Apaches. The Utah Irrigating Ditch company was the first work under taken. the Indians assisting in the en- terprise. At that time the settlement covered twenty-four sections. In 1879, under a proclamation by President Hayes. two of these sections. known as 5 and 36, were set aside as a reserva- ton for the Indians. They received water from the ditch and performed all the labor upon it required of them.
 About 1879 an incorporation of those interested was formed and thirty-two certificates of membership was issued. They were of the mam-ooth value of s120 and were described as shares. but shares Of what was not stated Neither did the bylaws of tha inoOrp 1ratio7 state what thev r-pres ertej- None .ef these certificates were dis-ribu d among ,n= Indians b-- there was general understanding among the set -lars and ir was acted uUau that they =Louil be taken care of. At one tine some persons ul-airfre certificates moved cn the reserve ton and en- ar1ae1-d upon The Indians The set .uers renurehased ;le certificates and -h- fntruda-s moved away. For some time after flat the certificates had no special value They passed among hose occupying the twenty four sec tions of land for whatever they would bring. and it was stated that they were even gambled away at mumblety- peg and other exciting games of skill and chance.
 Some time previous to 1886 a settle ment was formed about six miles far ther down the river and the new set tiers applied for an extension of the Utah ditch. There was no serious Ob- lection on the part of the old settlers, as there was at that time more water than was required. The new settlers bought certificates, which were called in in 1886, and four for one issued for them.
 In the course of time the new set clement outgrew the old in numbers and held a majority of the new certifi- cates, enabling them to control the ditch. There had never been another appropriation of water to meet the en- larged capacity of the ditch, so that a time came when there was not enough water to go round. Under the old ar engagement there was f1ve-eighths of an inch to the acre. Under the new the watermaster elected by the new set tiers, distributed the water with rigid impartiality among the holders of cer- tificates. so that there was not enough for anybody.
 The Indians naturally got the worst of the arrangement. The contest was between the old and new settlers. and when the old were beaten they pre- ferred themselves to the occupants of the reservation. who had no certificates and who therefore, got no water.
 The contention of the plaintiffs is that the water belongs to the twenty four sections. for which it was origi- nally appropriated; thatthe certificates whatever they represented, were con fined to those sections: that their loca- ton was not changed by the new issue, but that they were irregularly and un- lawfully floated down to the new set tIement
 The defendants are relying upon contract between themselves and the plaintiffs. who say there never was any contract, and who in turn rely upon the law governing the appropria- ton and distribution of water