The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1900-04-26

nation OF water rights, are often com.
PEELED to the unpleasant duty Of impair
ing the value Of property owned by liti-
giants, as the result Of decree, by ignor-
ing claims which have no foundation in
right and Law. / will now proceed TO
make a mem orandum OF some findings
of fact:
David Longmire, plaintiff in this &C.
ton, in March, 1871, purchased the pos.
sessory right OF one Augustin Cleman to
what is known as plaintiffs pre- emption
claim in this action; said lands at that
time being unsurveyed, public lands OF
the United States subject to settlement.
Plaintiff Immediately went into posses
sion of the same and established his res.
idence upon said land. At that time
plaintiff was over the age of 81 years, a
citizen of the United States, and had not
acquired any land under the land laws of
the United States. Plaintiff remained in
continuous residence on and possession
of said lands until the same was sur
veyed, when he duly filed on same and
in due course of procedure obtained a
patent to same from the United States ON
February 10, 1875. On or about April 10,
1871, for the purpose of raising crops on
the sel4 of se14 of sec. 30, tip. 10, r. Is e,
being upon said land and taken from the
east bank of what we will designate as
the west branch of Wenas creek; said
ditch being a cut from the main channel
into slough or high water channel of
said creek; said cut being about 80 yards
long. The slough, or channel, into which
the ditch led, ran in an easterly and then
sontherly direction distance of about
one half mile. This ditch and slough
covered and irrigated about IS acres on
the said presumption, and had capacity
to carry and did carry enough water to ir-
rigate that much land. In May. 1871,
plaintiff took out ditch on the ne1 of
sell sec. 80, aforesaid, on the west side
of what We will now and hereafter des-
ignate as the east branch of Wen as
creek: said ditch was a short cut from
the east branch, connecting it with
slough or high water channel OF the creek
that did not flow water except in the
early spring. This ditch covered all the
land between the two branches of the
creek, of plaintiff, on his pre-emption,
not covered by the other ditch, amount
ing to about ten acres and it ,also COW
cred all the lands between the two
branches OF the creek, known as the
island, on his presumption, covered by
the first ditch mentioned, and also ten
acres OF plaintiffs homestead hereinafter
mentioned; said ditch carried sufficient
water to irrigate the lands it covered. In
1871 plaintiff used said bitches and
sloughs for irrigating lands covered by
them, by placing dams in the sloughs,
thereby raising the waters, which by
means of lateral bitches and overflow,
irrigated said land. Plaintiff has used
| water from said bitches to irrgate said
lands from the year 1871 down to the
| ptcS0he tiuc, anu hao ONCiy SCai duiluS
said time raised valuable crops OF grain
and hay. AT the time plaintiff settled
upon said lands and at the time
he took out said bitches. all the lands on
said creek above the lands 80 settled on
by plaintiff, and above the intake of said
bitches, was public lands of the United
States, and nobody had acquired any
rights thereon or thereto and no waters
had been appropriated or in any manner
used for irrigation or any other lawful
purpose out of the said creek or any of
| its branches.
In 1871 Lorenzo Perkins, who was
citizen of the United States over the age
of 81 years, and had never taken any
lands under the land laws of the United
States made settlement on the VIZ Of
sell, ne14 of se14 and swl4 of ne14 sec.
20, tp. 10 n, r. IS e, said lands at said
time being unsurveyed public lands of the
United States, subject to settlement
Said Perkins established residence
upon said lands and cont inued to reside
there and make improvements on the
same up until June, 1873, when he sold
all his interest, possessory rights and I'M
provements in and upon said lands to
Charles Longmire, citizen of the U. S.