The Elk Mountain pilot., 1903-10-13
COL LORADO STATE AFFAIRS AND
DOINGS AT THE CAPITAL CITY

| The State Supreme Court, on the 5th
instant, in the case of the Platte VAL
ley Irrigation Company against the
Central Trust Company, handed down
an opinion to the effect that not to
use water granted ditch does not
necessarily show abandonment There
must be the expressed intent of abon-
donment before the water rights can
be said to have been forfeited. The
opinion was written by Justice Cab
i bert.
Nominations by petition were filed
October 3rd with the secretary of state
for Charming Sweet for judge of the
Supreme Court for the Socialists. Frank
w. Overs for the Peoples party.
Charles A. Chapman for judge of the
Fourth judicial district by the Peoples
party. and Charles l.. Mckesson for
Judge of the Fourth judicial district
by the Peoples party. The lists
showed all the way from 100 to 500
names, Judge Overs having the great
er number of names on his petition.
The case in which Mrs. Elizabeth
Roberts got verdict for $4,000 against
the Denver City Tramway Company in
Judge Palmer's division of the District
Court, will be taken to the Supreme
Court as a test case. Attorney G. j.
Hughes, Jr., has filed a motion for
new trial on the ground that the court
erred in refusing to make the plaintiff
undergo a physical examination by
some physician appointed by the court.
Mrs. Roberts was injured in an acci-
dent. Whether or not the court has
the right to compel woman to under
go an examination by strange doctor
is a point upon which the laws of the
various states differ. Judge Carpenter
and Judge Palmer have both refused
to compel women in personal injury
suits to undergo the ordeal.
In the case of the board of county
commissioners of the county of Gun
nison against Joseph Sims, the judg-
meEt Of the lower court was reversed
by the Supreme Court on the 5th in
slant, and the board of county COM
missioners will not have to pay the
coupons of the bonds issued under the
refunding act of 1881. In the lower
court judgment was given Sims in the
sum of $1,000 for the coupons which
he alleged he had exchanged for pre-
existing valid warrants, purchased by
him in good faith. The court suggests
that the proper way for Sims to OBJ
tain judgment is to mandamus the
county officers to pay the semi-annual
interest until enough money is in the
county funds to pay the whole debt.
The annual report Of Theodore G..
Lennon, superintendent of the Grand
Junction Indian School, says that since
the last report there has been a de-
cided improvement in the general ap-
pearance OF the plant. due largely to
the growth of trees and shrubbery and
the application OF paint. There has.
however. been no improvement in
either conditions of water or sewerage
systems. except that plans for the sys-
TENS have been decided on. There is
great room for Improvement in this
direction. Superintendent Lennon
urges an appropriation for a new mess
hall and employees quarters. suggests
dining hall capable of seating $50
persons and employees quarters Of ten
rooms, and also recommends that $3,-
500 should be appropriated for con-
struction of superintendent cottage.
Curator VIII C. Ferrill of the State
Historical Society recently received a
letter from Mrs. L. Z. Harvey. secre-
tary and librarian of the State Library
OF Montana, inquiring how the state of
Montana received its name. The letter
recites an excerpt from the report OF
the labor commissioner of 1900 of Mon
tana, in which Gen. j. w. Denver is
credited with having given Montana its
name. 1t relates that Senator Douglass
of Civil War fame was looking for
name for the new territory, now Mon
tana, which was to be added to the I'm
ion. General Denver, in a conversa-
ton, suggested the name Montana, and
so it was named when the bill passed
congress in 1864. The writer of the let
ter has doubts as to the authenticity of
the story and asks to be enlightened
Mr. Ferrill will search through the
archives of his library in the basement
at the state house and will find the in
formation and forward the same to the
writer Of the letter.
Upon a question of absolute privi-
lege," under which there can be no
libel, Judge Johnson has entered rul-
ing in the case of Frank N. Irish
against Robert Colder. which virtually
dismisses the suit. Mr.. Irish was re-
moved from the office of superintend-
ent of the State Industrial School for
Girls some time last winter, after a
sensational investigation of conditions
at the school in which the Governor
took a hand. He claimed that some
OF the charges preferred against him
emanated from Colder, and that they
were false. He accordingly brought
suit for $4,000 damages. alleging SLAM
der and libel Golder's attorneys raised
the question as to privilege, in the mat
ter of investigating Irish's conduct,
claiming that the examining commit
tee acted as court and with full
power to summon and examin wit
nesses; and that therefore an absolute
privilege was vested in it to speak
freely on all matters connected with
the inquiry. Under those conditions
Judge Johnson has ruled that Colder
was incapable of libel
The State Supreme Court, on the 9Th
instant, reversed the decision of the
District Court of Telluride county in
the case of James w. Vickers against
the nennle The case has been in the