The Courier. (Genoa, Nev.) 1899-1904, 1903-06-05
ANDERSON EFT AIS VS.. BASS
MAN EFT AIS.
Interesting Historical Matter Con-
densed Into a Small Compass.

densed Into a Small Compass.
fNorE: The COURIER offers no apology
for printing the following. which will be
continued until completed. Il is taken
from an Introductory 10 brief and eN-
cerpls 81 MI the testimony in the above
entitled case, prepared by Alfred Chariz,
and introduced in the argument by Judge
y. ". Virgin and \. Soderberg, made be-
fore Judge W. ". Morrow, in san Fran
cisco, Mr.. Chartz beirg unavoidably
absent The balance of his brief was
made up of extracts from the testimony,
interspersed by argument. Judge Virgin
also went extensively into the facts, and
fitted the law applicable 10 the facts. Mr..
Sodcrberg closed for complanants, an
swering Mr. Miners manifold law points,
and reading extracts from testimony, and
supporting his argument by quotations
from numerous Notwithstanding al
most a strictly law argnment-llD.C CouR-
fER.l
The West Fork OF the Carson river
from cameron's to plaintiffs lands
runs through a narrow canyon, in a
very rocky bed. The canyon begins
TO spread out at point 10 at the Fred
erieksburg country. The difference
in elevation between Cameron and
southermost plaintiffs is about 500 feet.
Douglas county, traversed by the
West Fork and its branches and
sloughs, was first settled by emigrants
and Mormons in 1852, and by 1860 all
the bottom lands were taken up and
fenced
From the southern line of Settelmey-
er's land north, the cultivation of the
riparian lands is very nearly the same
rs it was in 1850 as TO quantity, that
country having been nearly all bottom
land. From the same point south,
and the land lying west, a large pro-
portion Of the same has been put un-
der cultivation since 1850, the same be-
ing sagebrush land
Sagebrnsh land was moi known to
possess any value prior to 1866, when
farmers began cultiyaiing it, and at
which time alfalfa, or chill clover, az
it was first called, was first introduced,
and It was not until about the year
$50, when its extensive cultivation
began. sagebrush land, after being
planted to alfalfa for a few years,
makes good wheat land.
None of the defendants cultivated
any land from the west fork of the
Carson river as early as lS6o, except a
little garden patch of a couple acres nj
Merrilrs place, taking water from a
ditch that was used TO operate saw
mill.
There were no fences i'm Diamond
Valley or Long Valley rs late As 1861,
and farmers from Douglas county used
10 20 on the commons and cut hay as
late rs SCI and 1862, the same growing
abundantly on the natural meadows.
The land lay far enough from the tray
eled emigrant road TO protect the hay
from the stock.
The Comstock lode was discovered
in 1859 and up to that time the squat
ters in Douglas county lived by selling
butter and farm produce TO emigrants
and in placerville. In 1850, the price
of hay went to As high as $500 a ton,
and it kept up to $50 and SO ton for
a few years. The result can well be
imagined.
In 1861 there were only about IL
men at work ut Boulder Hill, some IL
miles from Diamond Valley, and one
man at Markleeyille tMarkeel, and a
few hands at Woodfords, where the
sawmill was, and emigrant travel, as
customers for the defendants. They
did not raise enough TO supply that
demand, or anywhere near enough as
late as 1869. Testimony of Peter
ourtz, called by defendants CURTIS
men at Boulder Hill took all his grub
from him. The few teamsters occu-
pied at Boulder Hill fer Mr.. Curt2
bought their hay at Placerville or Vi
entity of Placeryille-over the noun
tains.
They irrigated their lands from Scott
Creek and Indian Creek, 50 marked on
the map.
In the early sixties, and before the
building of the big upper Diamond
Valley bitches, the creeks would dry
up IA early as June of each year, and
since the digging Of these bitches, In
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