The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-01-25

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said that it has been urged in the sup
port Of the diversion of the water by
Colorado ditch builders that as the water
falls in that state and is melted by the
sun Of that state, the people Of the state
have the right TO It to the exclusion OF
the people living further down the stream
in another state. This" he said, lis not
good law nor consistent with the princi-
pies of justice which is the foundation Of
law. The rivers shall flow as God made
them to flow, except 50 much of the
water as must be utilized for domestic
purposes" was his statement.
He then declared that the taking Of a
water course from one state by another
is an act Of war. Suppose" he said,
some one Of those small principalities in
Europe should undertake to stop the
course Of a stream passing through its
territory to the exclusion of another
principaHty below it, how long do you
think it would take for the latter to de-
clare war upon the usurper? The ques-
tions involved in this matter are very
grave ones and must be decided by the
supreme bench of this country which
you may rest assured viii render a just
and impartial verdict. One of the most
important questions that presents itself
is one as to the sovereignty of the state
How far IS a sovereign state a sovereign
Another, has the state the same right as
the individual? I am Of the opinion that
the state should bring suit gatnst the
state of Colorado to prevent the usurpa-
ton Of the water Of the Arkansas river.
Another suit should be brought by some
individual against the state, and still an
other should be brought by some indi-
vidual actually interested in the river
against some Colorado individual who is
divertng the water OF the stream" Mr..
Ware contended that it would be just as
easy matter to bring three suits y
court at the same time as it is to bring
one. He stated that If the court decided
against the contestants in one action it
might prove favorable in another.
eff the state Of Kansas brought a suit
against the state Of Colorado. the supreme
court might hold that the damage done
is Of an individual character and one in
which the state as a sovereign was not
concerned. Unless some other suit has
been presented to the court on the same
question, but in a different manner, it
VIII only tend TO delay proceedings"
Mr.. Ware concluded his remarks with
the assurance that the governor and the
attorney. general viii be at the service Of
the association to take such steps as the
convention might desire or advise.
Judge E. B. Jewett. at the conclusion
of Mr. Wares remarks, moved that a
committee be appointed to go to Topeka
and consult with Governor Stanley, the
attorney general and the legislature.
Mr. Ware: IF this body orders the
governor and the attorney general to pro-
coed they will do so at once Whatever
cost may be incurred may be taken out
OF the contingent fund allowed these Of
fcials by the legislature. I am afraid
that if this matter is referred to the leg
islature it viii be referred to the ways
and means committee for action and be-
cause Of the large amount Of accumulat-
i've business now before that body it may
not be able to take UP the matter"
Charles G. Cohn then suggested that
the towns along the river be requested to
make contribution which would be re-
funded by the legislature at some future
date
Judge Jewett pressed his original mo-
ton and it was carried by a unanimous
vote.
A. J. Hunt Of Arkansas City moved
that a committee Of ten be appointed by
the chair.
This motion was changed to permit the
appointment of a number not to exceed
twenty-five delegates.
The chair then appointed the following
delegates; Sedgwick county. E. b Jewett,
VIM. Mathewson. Silas Rutledge. J. F.
Howard. b. H. Campbell. S S. Ash
baugh: Arkansas City, A J. Hunt. How
ard Ross. G. II. Soaring, w H. Nelson.
r. NJ Hartley; J. w. Shive, Harvey
county; G. w. Harris Reno county; P.
IT. Albright Cowley county; John J. sum
mersby, Ford county; A D. Wettick.
Gray county: w. Scott. Larned; ". H
Barnes. z. F. Ware. Topeka; E. r Mo
ses. Barton county; c. D. Vincent Gray
county: r. E Edwards, Edwards county.
Upon motion Of Judge Ashbaugh, which
met with unanimous concurrence, the
above named committee viii meet in To-
peka next Tuesday to take up the various
discussed with the proper
authorities now in that city.
w. IT, Barnes. secretary OF the State
society who attended the
meeting, requested that a committee be
appointed To represent the Arkansas Riv-
er Improvement association at the Ma
uonal Irrigation Congress which meets
at Colorado Springs July 1915. The re-
quest was not Immediately voted upon
and upon motion was deferred until later
Ia
ary organization he made a permanent
affair. The motion carried.
T. w Eckert. temporary chairman. Of
Arkansas City, was unanimously elected
permanent chairman and Mr. Jewett was
unanimously elected permanent secre- /
tary
Judge Jewett moved that an executive
committee he appointed and that this
same committee be delegated to represent
the association AZ the National Irrigation
Congress at Colorado Springs The mo-
ton carried, but owing 10 the Iateness OF I
the hour the appointments were deferred
20 some future date at the leisure of the
chair.
The following resolutions were then in
troiuoed by Temporary Secretary Hess
and unanimously adopted:
Whereas. The state of Colorado has for
many years been wrongfuliy diverung the
water OF the Arkansas river from its
natural channel: ana
Whereas, a ban IS now pending in con-
sress fo7 large appropriations from The
government for the construction OF large
storage reservoirs 81 eastern and sou-h
central Colorado. into wilch it IS pro-
posed TO turn the water 81 The Arkansas
river. The water 70 De used for the sIli-
alton Of lands 81 Co'ora5o, and