The state herald., 1901-05-10
WILL DEFEND COLORADO'S
WATER RIGHTS in WASHINGTON

rights. This has been expressly ap-
proved by this court in the case Of the
United States against the Rio Grande
Irrigation Company. The court has ex-
amined the rule of the common law.
which provides that every riparian
owner is entitled to the continuous
natural flow Of the stream, and has
stated that every state has the power
within Its dominion to change the rule
and to permit the appropriation Of the
flowing waters for such purpose rs It
deems wise.
For at least thirty-Hve years these
rights have been enjoyed in Colorado
and property Of enormous value has
been acquired. Now comes an appli-
cation for the decree OF the court,
which, In effect. shall declare that peo.
pie mot before this COURT must forego
the right to their usual pursuits and
usual business, and permit their prop
erty to become absolutely destroyed
and the lands that have been cultivat-
ed for years to return to their desert
character"
Theb rief goes on to say that In case
the people refuse to obey, the state
cannot coercc the settlers without a
nullifcation OF Its own laws, and in a
matter where these settlers have never
been heard, or had their rights adjudi-
Gated, the state would In the peculiar
position Of being enjoined by the Unit
ed States court while Its settlers are In
the position OF holding title In compli.
ance with the acts Of Congress to tho
waters. which the state forbids them,
under decree OF the court, to Use.
Both documents are tho result Of
much research by the attorney general
and his assistants. Caesar A. Roberts,
james ID. Mcrwin and Gsorge N. Post.
In the work they have consulted cx-
Governor Thomas. Platt Rogers, Rob
ert =. Morrison and many other attor-
neys.
>-<>N<>>>->-><N<-
pretty quick" said Tully. Allen then
Invited everyone In the place up to
have drink and after that we got to
talking about the case and l said TO
him, I served n term In the peniten.
tiary for n crime that never commit.
t'a want Noh w Notnt Dufk
with me and set me right before the
worh. Allen refused Mt first, but
later consented and came with me TO
Colorado Springs"
who has paid you for your ser.
vlcesT
"Mr. GlddIngs."
Tully denied that he knew where Al.
len was now and said that the Inst
time he saw him was nt Limon juno
tion week ago last Monday. lie had
gone there for the purpose OF inducing
Allen TO appear and testify at this
trial. Allen refused TO come ms he had
been told by n friend who had consult.
ed Senator Patterson that he was "up
against IT," and the hest thing he could
do was TO get out OF the country. ns ho
was liable TO prosecution for the Of.
fcnsc.
On sscxamlna,ion Attorney Wal.
dron asked
"Yom We're tried. convicted and sen.
fenced to the pcniicntlary for the
crime you are now trying to fix on
Sam Strong. wcrc you notr'
II was tried and sentenced for the
blowing up OF the Strong mine"
"Your friends succeeded In getting
You partloncd. did they notr'
Somebody did; got out"
+$+$<<$-%-$$-$$$-
klns fine arts hall nrc built will prob.
ably be used again. The nctunl begin.
ming OF construction on this building
81 longcd hoped for md 30 often de.
lnyed. II mn event OF great Significance
10 the Rocky Mountain region.