The daily sentinel., 1901-07-22
RADCLIFFE'S RIGHTS.
Hardly Probable That His Lease
to Mesa Lakes Entities Him
to Exclusive Fishing.

There will be no international compli-
cations growing out OF the burning of
property on Grand mesa owned by Will
liam Radcliffe. He is citizen of the
United States, having renounced his al
legience to Great Britain. Although he
applied to the British vice consul for aid
in securing possession OF his property,
yet the vice consul has no jurisdiction in
the case, because OF Mr.. Radclitfs's
determination to become an American
citizen.
Mr.. Radcliffe applied to the court in
Delta county at Delta. for his hrst citi
zenship papers previous to the killing OF
w. A Womack, and tue burning of the
Radcliffe buildings at Grand Mesa lakes
yesterday, who at once communicated
with the British consul, 30 that the
latter would understand that the affair
was not one in which England was in
terested.
Gov. Orman yesterday refused point
blank to assist Mr. Radcliffe to recover
possession OF the property he has leased
in Delta county
Mr. Radcliffe was informed that the
sheriff OF Delta Junty had been com
municated with and until the sheriff
called upon him for assistance he could
do nothing. The governor said that he
had been informed that the sheriff con-
sidered himself perfectly able to care for
the property at Grand Mesa lakes and
that there was no further danger OF riot
ing there.
j. d. MerwIn. assistant attorney gen.
eral who was sent to Delta by the gov
ernor to investigate the killing Of Wo-
mack and the burning OF the Radcliffe
buildings, returned last F,iday night.
He had long consultation with Gov
ernor Orman yes erday, and the result is
that troops will not be sent into Delta
county.
The governor and the attorney gener-
ais Office believe that Mr. Radcltfe's
lease OF the lakes does not entitle him to
exclusive fishing rights therein.
Assistant Attorney General Merwin
said:
"The Grand Mesa has an elevation Of
5000 feet and contains Is lakes, only one
OF which is artificial They have been
fishing lakes since the Indian days.
"About 1892 Alexander ard Forrest ge-
cured a quarter section OF land on the
Mesa which included one OF the lakes,
and this gu ,rter section they assigned to
Radlffe. About this same time-1892
"a company was formed to construct
irrigating bitches and the company en-
tered on land on the mesa for irrigating
purposes. The company secured the
right to reservoir sites and raised the
lakes in some cases 10 feet and also in
tended to propagate fish. There was a
protest filed in the state land board
against the clause in the lease permit
ting the raising OF fish and the company
then filed an affidavit disclaiming any in
tention of using the lakes to breed fish
for commercial uses.
"Alexander and Forrest secured prac-
tically full control of the mesa by 49,
years. lease OF tho irrIgp ton company's
rights. There is a clause in the lease
which gave the original stockholders in
the irrigating company perpetual rights
to fish in the lakes. This lease was
conveyed to Radcliffe by Alexander and
Forrest. That is the way in which Rad
cliffe has possession OF the lakes.
Radcliffe has been issuing permits TO
people to fish in the lakes. Womack,
the man killed. and other original stock
holders in the irrigation company have
maintained that, under the lease, they
had tho perpetual right to tish in the
lakes and that 1t was not necessary for
them to secure a permit. Others who
we're not original stockholders In the ir-
rigatiop company, have claimed that
Radcliffe had no legal or moral right
to exclusive jurisdiction over the lakes.
there is now case pending in Delta
county to test Radcliffe's rights in tho
lakes.
1.-THE citizens OF Delta county are
greatly exercised over Radclihe's man