The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-14
WANTS STATE OF COLORADO TO
STOP USING WATER OF AR
KANSAS RIVER
STATES RIGHT TO IRRIGATE
CALLED IN QUESTION BEFORE
FEDERAL SUPREME COURT
at WASHINGTON
FIGHT ON CEICAGo's BIG DITCH

talked of suit on the part of the state
OF Kansas against the state of Colorado
to enjon the latter state from the di-
version of the waters Of the Arkansas
river was begun in the United States
supreme court today. The case must
originate in the supreme court because
of its interstate character, and accord
ingly Assistant Attorney General West,
of the state of Kansas, presented mo-
ton for leave to file a bill of injunc-
ton. Attorney General Post presented
a brief for the state of Colorado in oppo-
sition to the motion. The court took
the motion under advisement, giving Mr..
Post permission to file objections.
Mr.. West declared that the Arkansas
traversed the state of Kansas for $40
miles and that 100000 people, owning
100000 acres Of land, are affected by the
appropriation of the water of the stream
for irrigation purposes. He claimed pro-
lection for residents of Kansas under
the common law, guaranteeing riparian
rights He asserted that Colorado
claims the right to divert the water to
riparian and non-riparian lands, whence
it never returns to the river, thus ap-
propriating all the water which nature
had intended should flow down the Arkan-
sas valley. NJ West claimed that In conse-
quence of this diversion the health of
man and beast is injurlously affected,
that the cities on the Arkansas are de-
prived of water for sewage and that in
reality the rich valley IS transformed
into a desert
Attorney General Post responded by
calling attention to the fact that the
ditch owners of Colorado have not been
made parties to the case and that the
Arkansas river in Kansas is not a naVi-
gable stream. He said that no ripar-
ian ownership rights ever were exercised
or recognized in Colorado, and also calls
attention to the fact that when some
p al do Tsicrl Uyar 10
territory now embraced in that state
was a part of Kansas He said each
state had the right to utilize it's own
waters for the benefit Of its own peo-
pie.
Ex-Gov. Thomas, of Colorado, who has
been employed as special counsel on be-
half of that state in the case was pres
emit as was Hon Plat Rogers, repre-
senting the Colorado ditch owners.
DRAINAGE CANAL CASE.
WASHINGTON, May 19-Benjamin
Schurnmacher. of St. Louis today OBJ
tanned leave to file In the United States
supreme court a supplemental bill in the
case Of the state of Missouri VS.. the
state Of Illinois, in which the former
state seeks to enjoin the discharge Of
waters of the Chicago drainage canal into
the Mississippi through the Des PLANES
and Illinois rivers
Permission also was granted to Hon.
William Springer, representing the state
Of Illinois in this case, to file demurrer
to one paragraph to the bill and an an
swer to other portions Of 1t.
Mr.. Springer sought to have the court
indicate a method of proceeding in the
matter of taking testimony in the case,
but the chief justice declined to make
any suggestion ON that point The coun-
sci would he said, have to make up their
own minds He agreed with a suggestion
that a commissioner might be selected
after the issues are agreed upon.
Mr.. Schurnmackers supplemental bill
alleges that the drainage canal channel
has been put into operation was al
legged in the original bill 1t was about
to be, and it is further set forth that
the Chicago authorities have diminished
the diminution of sewage transmitted
through the channel from flow of 10000
cubic feet per minute for each 100 900
inhabitants of the sanitary district to not
exceeding 10000 cubic feet for such tine
and number. This diminution of water
is claimed to be contrary to the Illinois
statute authorizing the construction Of
the canal.
1t also is asserted that the effect has
been to destroy the water Of the Mis-
sissippi for drinking and domestic pur-
poses. Much sickness, it is stated, has
been caused and will continue to be
caused by the pollution unless the use
enjoined.
Mr.. Springer's demurrer to the para
graph In Mr.. Schurnmachers bill con-
corning the diminution of water in the
canal, and 1t is based upon the plea
that this is matter for the state of
Illinois to decide and not one in which
missouri is concerned in any way.
Mr.. Springer also asserts that the
canal was opened before the original bill
was filed, and he denies that the waters
of the Mississippi are polluted by the
discharge Of the drainage canal. He also
says the Immediate discharge of the sew
age OF the city Of st. Louis into the
river is more damaging to the waters
than is the Chicago sewage when
brought from a great distance
RABEAs CORPUS DENIED.
Chief Justice Fuller, Of the United
States supreme court, today announced
the affirmation OF the decree of the
United States circuit court for the dis
trict of Washington in the case of
charles w. Nordstrom, under sentence
of death for murder, refusing To grant
writ OF habeas corpus In the case.
coming to the United States supreme
court from the supreme court of +ba
state of Washington, on appeal. the
court announced that the motion to dis
miss the case or affirm the decree of
the state court Will be heard on Monday.
preme court affirmed the decree of tbe
lower court sentencing Nordstrom IN
capital punishment
NO INSULAR DECISIONS.
The United States supreme court TO-
day adjourned until next Monday with
out announcing it's opinion in the insular
cases. The court viii have two more sit
tlngs for the announcement of opinions
ana the hearing OF motions before its
maj adjournment for the term on the
9th inst '"e
ELECTION BRIBERY CASE.
Solicitor General Richards TODAY filed
motion in the United States supreme
court for writ of certiorari In the
case Of the United States versus G. r
Lackey. The case involves pee liar
Iegal question and also the constitution
ailty OF section 55O7 of the revised sta =
utes' providing for the punishment Of
any person found guilty of preventino
the beneiciaries under the Fifteenth
amendment to the constitution from ev-
erclsng the right of franchise nv hrih-
cry. Lackey was prosecuted for keen
ing number of colored people from the
pohs by bribing in a state election in