The Springfield herald., 1903-10-16

ley Irrigation Company against the
Central Trust Company, handed down
an opinion to the effect that not to
use water granted a 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
bert.
Mark Woodruff. state register OF the
Land Board. on the Sth inst. sent no.
tice to A. X. Gumaer of Fremont coun-
ty that he was delinquent in rentals on
leases due the state $500. He has
about 10000 acres under lease from the
state in Fremont county. He was Civ
EN- thirty days in which to make the
payments to the state. He Is one OF
the stockholders of the Boston Land
and Cattle Company. one of the largest
cattle concerns In the state.
Nominations by petition were filed
October 3rd with the secretary of state
for Claiming 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 havi, & the great
sr number of names on his petition.
The case in which Mrs. Elizabeth
Roberts got a verdict for $1,000 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 c. J.
Hughes. Jr, has filed a motion for
new trial on the ground that the court
erred in refusing to make the plaintiH
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-
ment of the lower court was reversed
by the Supreme Court on the 5th In
stant. 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
dc In
The United States Land Office at
Denver has finished its official report
for the quarter ending September Goth
The receipts of the Office fall below
those for last quarter. but the volume of
business done is greater. Following
is the report. Cash Receipts-Seven-
teen committed homestead entries, =
44O acres. $3.35O; fourteen excess cash
entries, 4S,540 acres, $92.25; sixteen
public sales, 1,051.l3 acres, $1,564.24;
seventy-five mineral entries, embrac-
ing 930.75 acres. $4,000; thirty-three
timber and stone entries. 4.32263
acres. $109S3.61; twenty-six original
desert land entries. 5.28363 acres, 81
32O.91: eleven final desert land entries.
2,12O92 acres. $2.120.90; total cash
sales, 1864 acres. $23,299.91.
The annual report OF Theodore G.
Lennon. superintendent of the Grand
Junction Indian School. says that since
the last report there has been 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 new mess
hall and employees quarters. suggests
a 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 a superintendents cottage.
The State Board of Pardons met Oc-
tober I'd. in the Office of the Governor.
No one was pardoned. One sentence,
that of John Buzanes. sentenced from
Teller county, August IL, 1902. was
commutcd. The original sentence was
from five to seven years for attempted
murder The sentence was commuted
to from eighteen months to seven
years. This will give him the right
to ask for parole about next Christ
mas. John BuZanes was sentenced to
the penitentiary for attempting TO
kill Nicholas Ravedy, in 1902. Pardons
were refused in the following cases
John p. Black, Ventura Lopez, Vol.
Anderson. e. Santistivan, l.. C. Thomp-
son, Eugene Clark, Jose Medina, Chas.
Seastone. Isaac Franco, Santiago Ar
gullo, Joh,, Williams, c. S. Duncan and
Michael Brienza.
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 people The case has been in the
courts for some time. and the ground
on which the decision was based was
the fact that witness. the principal
witness for Vickers. had not been al
lowed to testify at the trial. Vickers
was convicted and sentenced to term
of nine years In the penitentiary for
the alleged assault with intent to kill
on the person of Peter Enzenauer, in
Cripple Creek. March 81, 1901. Wick
ers met EIlzenauer. who is an old man.
and it is said. and the evidence at the
trial in the lower court showed, that
he had made an assault upon him. He
u,oc tried in the District Court and