The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-12
WILL FILE MONDAY
Kansas Mil Make Fight for
ArkansaS River
SUIT AGAINST COLORADO
Judge Ashbaugh Gives Status
of the Case.

The case OF the state Of Kansas against
Colorado. involving the water rights Of
the Arkansas river. viii be presented
to the supreme court Of the United
States. at washington. D. G. on Mon
day next Judge S ;. Ashbaugh, associ-
ate counsel in the case for the state Of
Kansas. returned yesterday from To
peka. where he went for a consuIta-
ton with Attorney General Goddard il
reference 10 the case. assistant Attorney
General West left for washington last
Thursday TO present the preliminary
motion. The supreme court OF the United
States does not allow suits 10 be fled
except upon leave granted, and a bin in
equity was prepared By Attorney General
Goddard, Mr. Eugene Ware and Judge
Ashbaugh, counsel representing the State
OF Kansas year ago. and was printed
in the Eagle al the time 1t was not.
however. presented to the supreme court
al that time. At its last session Of the
legislature the attorney general was di-
rected 10 file such suits as be saw Mt 10
protect the Interests Of lae State OF
Kansas and its citizens. In response TO
the direction, the former blu has been
revised and amended. new briefs have
been prepared and the motion for leave
to file viii be presented as has been
stated by assistant Attorney General
West on tomorrow.
A motion win also be presented by
~
orado. who is now in Washington in op-
/ position and opposing the granting of
F leave to file the bill prepared ia the in
terests of his state. Attorney General
Post has prepared an elaborate and ex-
tensive brief setting forth the claims Of
the State of Colorado. Upon these mo-
tions. however the merits Of the case
cannot be discussed and only sufficient
grounds are allowed in the briefs by the
different parties. tending 10 show on the
one side that the bin should be fled and
the case decided. and on the other side
that the case should not be filed The
attorney general of Colorado sets out il
brief that the doctrines OF RIPARIAN
rights does not apply in the state Of Col
orado That the injunction asked for in
the bnl would re restraining the powers
Of a state, guaranteed by its eonstitu-
ton ana by the acts Of congress ad-
hitting il into the union. And further
denies that the State Of Kansas has any
interest in the controversy over which
the court can acquire jurisdiction.
In replysto this contention Of the State
of Colorado the state Of Kansas relies
upon two cases recently decided. one
being the case which was recently pub
lished in the Eagle in which the Federal
court OF New York restrained the City
of New York from dfverting the waters
of a river flowing from the state Of New
york into the state of Connecticut. 20
the damage Of the farmers living IN the
latter State The other case was recently
decided by the supreme court Of the
United States. Missouri against Illinois,
restraining the state OF Illinois from
turning the llthy waters Of the Chicago
river into the MISSISSIPPI river above the
city Of St Louis. Tue state Of Missouri
brought an Injunction suit and the STATE
Of Illinois objected to the fling OF the
bin CA particularly the same grounds
that Colorado does in the fling OF the
present bil The objection was over
ruled By the court and leave given 70
file answer.
The preliminary motion OF the State OF
Kansas wiz doubtless soon be decided
bv the supreme court. and II leave is
granted. the case viii then be tried on
lis merits. In the minds Of the counsel
Tor the state of Kansas the result Of
the case is not moment IN doubt as
soon as the case can De brought TO trial
before the supreme court. The report OF
the case OF taeir client the State Of Kan
sas is summed Up in brief In the fact
that the government decided the land
TO the people OF Kansas long years be-
fore any attention was given 70 the PEG
ole If Colorado and the government can
not take away the land or property
riehts to the land or any water saturat-
in- the land from the people to whom it
was decided.
judge Ashhaugh has received a copy
If the brief prepared by the attorney
general OF Colorado and it IS an extern
sive article covering some forty odd
neees. but he and other counsel inter
ested think that they are prepared 70
meet ana dfspIace every contention set
sorth by the state Of Colorado in the
matter. and are in shape TO assure . ver-
6f-s Tor kansas as soon a. the case
----,.e m trial