The Courier. (Genoa, Nev.) 1899-1904, 1903-06-12
THE WEEKLY COURIER.
ESTABLISHED IN 1880.
GEO. M. SMITH, Editor and Proprietor.
Published Every Friday Morning.
ANDERSON EFT AIS VS.. BASS
MAN EFT AIS.
Interesting Historical Matter Con-
densed Into Small Compass.
lContinued trom Last meekl

Continued from last aOeek).
NOTE: The COURIER offers no apology
for printing the following. 1t is taken
from an Introductory TO a brief and ex-
cerpts of all the testimony in the above
entitled case, prepared by Alfred Chartz
and introduced in the argument by Judge
ID. w. Virgin and n. Soderberg, made be-
fore Judge w. w. Morrow, in San Fran
cisco, Mr.. Chartz being 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 to the facts. Mr.
Soderberg closed for conplainants, 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 argument.-ED. coUR-
TER.
Defendants contend that their fumes
would crack if they did not contain
water all the time. They have only
one hume of any importance at all,
and that is the Vallem flume, and the
evidence shows that the water could
be kept running in that flnme and
turned into the river at its lower end,
and that it would save the owner go
ing to the headgate to turn off his
water.
Defendants counsel show by testi-
mony in one place that the constant
flow of water in a ditch fills all the in
terstices and hardens the bed so hard
that horse travelling on the bottom
of the ditch would ring like a bell, and
in the next place he contends that it is
necessary to have water in the bitches
all the time to fill the wells. He first
shows that the bitches don't waste
through seepage, and in the next place
he shows they seep enough to fill the
wells. However, there can be no dis
pute over the fact irrigating the lands
every ten or twelve days would main
tain the wells full enough for all pur-
poses. Besides, they all have springs
except John Ellis, and spring water
flows right by his lands, and he has
well water besides.
The question prescription occupies
a large portion of the testimony. De
PENDANTS gave notice they would move
to amend their pleadings in that par
ticular, and plaintiffs have entered an
objection on the grounds stated in the
transcript.
1t has been the custom among the
farmers living on the East and West
Forks of the Carson river, both plain
tiffs and defendants, that whenever
they are short of water to go up the
river and open their neighbors' dams,
and let sufficient down for their pur.
poses. Among the plaintiffs it has
been the custom ever since 1864 to get
up n crowd and go as high as the up
per Diamond Valley bitches and open
all the dams down to the State line
and on down to their own ranches-ol
at least go up as high as they needed
to go, and the testimony shows that
by these means, while there was some
little suffering, they always managed
to raise fair average crops until the
year 1898, when the defendants took il
all. This custom was open and no
torious in the country, and everybody
knewit-except some of the defendants
living in Diamond Valley, if they cal
be believed on that point But tn,
testimony shows that they knew it al
well as the others, because on the few
instances that they were met ant
spoken to about il, they showed fight
and the men who had the least right
showed the most fight.
Defendants contend that plaintiff
should have notified them in the begin
ming, and not allowed them to max,
Improvement When asked on cross
examination and notified not to tax,
any more they said they would do al
they pleased about it. The testimony
shows that there flows enough watel
yet to encourage any farmer to SETTLE
in Diamond Valley or Long Valley
and take out water, with fair hope o
raising fair crops every year, and in
jure no one by putting in crops early
The river flows large quantities
above requirements until about th'
middle of June of each year, and the,