Omaha daily bee., 1902-04-08
COURT CLAIMS JURISDICTION
Supreme Justices 0verrule Oolorado's De-
murrer in Arkansas River Case.
WANT TO ADMIT ALL FACTS INVOLVED
Chief Justice Fuller Renders Opinion
Holding Case to he of vital linz
pOrtance. Demanding Full
est Inv estiRRtIons.

WASHINGTON, April THE United
States supreme court, in an opinion de-
livered by Chief Justice Fuller today, over
ruled the demurrer OF the state of Colo
rado in the case OF the state OF Kansas
against the State of Colorado
The case involves the right OF Colorado
to appropriate, for purposes OF irrigation
the waters Of the Arkansas river, which
Kansas sought, by an original action, to re-
strain on the ground that the stream flows
through Kansas and the people of the latter
state are injured by Colorado's appropria-
tion of the water. Colorado contested the
jurisdiction Of the court in the case and
filed a demurrer.
The chief justice said that the case is
one in which the court can properly as
sumo jurisdiction. He said also that the
action OF the court in overruling the de-
murrer was intended to be without preju~
dice, but was taken because the Importance
of the case is such that It should not be
decided without full proof on the questions
set up in the allegations OF damage made
by the state of Kansas.
Grounds Of JurtsdIction.
On the point Of Jurisdiction the chief
Justice said:
without subjecting the bill to minute
criticism, we think its averments sufficient
to present the question as to the power
Of one state of the union to wholly deprive
another of the benefit of water from a
river rising In the former, ard, by nature,
that, therefore, this court, speaking
broadly, has jurisdiction.
Coming to the question Of the demurrer.
he said:
The general rule is that the truth Of
material and relevant matters set forth
admitted
demurrer; but i'm a case of this magnitude,
involving questions of so grave and far
us W G TO apply that rule. and we must
decline to do so.
He then stated the averments of the con-
tention of the states of Kansas and Colo
RADIO. concluding as follows:
Don't Act on TechnicaIitIcs.
Sitting as It were, as an international as
we'll as a domestic tribunal, we apply
federal law, state law and international
law as the exigencies of the particular
case may demand, and we are unwilling in
admissions made by demurrer.
Nor do we regard 1t necessary, whatever
imperfections close analysis of the pend
ing bill may disclose, to compel its amend
nent at this stage of the litigation. We
think the record should show no proofs
whether Colorado is herself actually threat
ening to wholly exhaust the flow of the
Arkansas Is,1s s. river i've II kansas where 1t Is de,
subterranean stream following a known and
defined channel and not merely water per-
colating through the stra Ia below.
Whether certain persons, firms and cor
porati in Colorado must be made par
ties thereto: what lands in Kansas are ac-
tuaIly situated on tho banks OF the river
and what either in Colorado or Kansas,
are absolutely dependent on water there
from the extent of the watershed or the
drainage area of the Arkansas river; the
possibilities Of the maintenance of sus-
tained flow through the control of flood
waters; in short the circumstances, a
variation in which might induce a court
to either grant, modify or deny the relief
sought or any part thereof. In view of
the intricate questions arising on the
record, we are constrained to forbear pro-
ceedings until all the facts are before us
on the evidence.
There was no dissenting opinion.