The Courier. (Genoa, Nev.) 1899-1904, 1900-06-22
Carson Letter


men are being sacrificed IN the Philip
pines for the Great Dollar IN San
Francisco. plague broke out which
required radical measures TO keep from
spreading in order to save men. But
The Dollar came forward and said it
wouldn't do; it viii affect trade; there
IS no plague in San Francisco; il makes
no difference whether the plague
spreads or not; take of the quarantine,
and keep up trade-the rights of the
Dollar are greater than the rights of
men, The next great fight in the
United States viii be between the Dol
lar and the man. Poor, puny man;
wonder what he will do.
The United States Circuit Court for
the Northern District of California
cannot possibly frame decree upon
testimony in the water suit between
the farmers Of Douglas and Alpine that
VII reach the requirements Of the case,
but the farmers themselves can enter
into a stipulation for a decree that
would be equitable and just TO all
parties concerned, and in no other
way can If be done. The last water
suit OF the Union Mil s Mining Com
pany against H. F. Dangberg ct al,
settled the priorities between the Com
pany and the farmers, but it left the
farmers as between themselves in the
same condition in which they began.
Worse, while it was proved beyond all
doubt that H F. Dangberg, A. P.
souires. D. r Jones, and others built
dams and diverted water from both
forks OF the river long prior TO the
Company. and long prior to many
other appropriations, yet the decree
could not give them any priorities as
to the particular diversions made and
the lands served thereby. The farmers
of Alpine and Douglas win find them
selves IN the same condition when they
get through if they submit TO a decree
under the evidence taken instead Of
compromising ard STIMULATING for
proper decree IT, TO illustrate. the
snowshoe Thompson old ditch should
be shown to be prior IN time to the di-
versions of any of the plaintiffs the
capacity of the ditch. when built,
would be taken into consideration, and
the Quantity Of land irrigated b. IT.
and the decree would give the sue
eessors in interest and grantees of that
ditch and the owners Of the land served
by it at the time Of the original app-o-
priation q prior right providing the
owners have prescribed against the
plaintiffs to divert the original guam
fity diverted. or any quantity diverted
prior 10 any diversion made by plain
tifs or any of them But ne= lands
brought into cultivation and service
by the water flowing through that
ditch would not be entitled 70 any
such priority. Again, as between
themselves, the defendants can have
no decree, and a wrongful diversion
BY one defendant as against another
defendant would not subject the
wrong-does to contempt Of Court The
same remark applies to wrongful
diversions by plaintiffs as between
themselves. A decree entered under
the testimony would certainly give
the earliest appropriations and users OF
water a prior right to divert water to a
large part of the West Fork as against
the defendants, If not as against all OF
them for given quantity d. r. Jones
built dam and dug bitches in 1857,
and he irrigated land, and he kept on
fencing and improving right along.
The Motifs did the same thing, and the
present owners of those lands are GER
tainly entitled TO a decree, making
them prior in time. and prior in right
70 divert as against most of the defend
ants, IL not as against all of them. But
let Us suppose the users of water
through the Snowshoe Thompson
bitches should get a favorable decree
for some of the water, the quantity
would be too small to be of practical
benefit to them On the other hand, q
decree can be entered under stipulation
which viii set out TO each man the
quantity he is entitled TO, and will set
out all the priorities, and it can he
stipulated that the same may be used
in point Of time instead of in point o.
quantity. To illustrate: If the Snow
shoe Thompson ditch is prior in tins
in the amount of 200 inches, when Their
Is 1900 inches flowing in the river, th'
users of that ditch would be entitled Il
tenth of the entire body of thu
river all of the time; now, instead o
taking 200 inches all of the time, the,
could be allowed 40 inches one-half o
the time, which would amount to tn
same quantity, and would be mucl
more beneficial to them, and would re