The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-17
KANSAS VS.. COLORADO.
Colonel Murdoch of the Eagle Gives
History of the Underfow.

II
Wichita. KAN Aug. 1.-THE tenden-
cy OF the testimony introduced before
! special master Granville Richardson in
| the case of Kansas versus Colorado ct
al, IN the matter of determining wheth-
er or not the appropriating of the wa
tiers in Arkansas river by Colorado IT.
rlgation corporations, was decidedly in
favor of the plaintiff. Six witnesses
were put on the stand and the evil
dence given was practically of the same
nature from each Of them. The attor-
neys for Kansas tried to show that
the Arkansas river had been contipu-
ously decreasing in its volume of wa
ter and that the banks had narrowed.
The theory that there is an underfiow
which has also materially decreased
and lowered was also introduced.
OF the six witnesses who gave in
their evidence, not one of them Swore
to anything but that which he claimed
he had knowledge of by actual obser-
walton and study. Having lived in this
they said that they had had occasion,
being property owners and holders of
great deal of land that is touched by
the Arkansas river, to understand the
condition.
The first and probably the most in
teresting witness introduced in the
forenoon by the plaintiff, was Colonel
NJ NJ Murdoch, editor-in-chief of the
Eagle. Colonel Murdoch was first quer-
led by Judge S. s. Ashbaugh, one of the
attorneys for this state, and through
out his testimony he gave a glowing
account of the early history of the
state and especially the Arkansas river.
In the course of his remarks in answer
to the questions asked by Judge Ash
bauGh he told of how he originated the
theory that there was an underfiow or
invisible river under this portion OF
Kansas. 1t was in 1860, or about A
years ago, that Colonel Murdoch, with
a small company of gentlemen, was
travelling along the Arkansas river
TOW 9T-61 NOIO DO Ono do hlT
PEELED to dig holes in the sand in order
to get water for his oxen, and in this
way had the truth divulged to him
that there was an underfiow. He found
by digging those holes that he was
able to have well of water in a very
short time and that proved satisfactory
to him that there must be an invisible
river under this section of Kansas.
This underfiow theory was brought up
for the purpose of demonstrating that
when there was plenty of water in the
river that there was also an abundance
of it in the adjacent country which
kept the ground moist and helped to
mature the crops Colonel Murdoch
told where the Arkansas river begins,
naming every spring. creek and slough
that forms the head of that stream. He
said that the river was from $50 to 300
miles long in Kansas, and that four
rivers are tributary thereto in this
state, three of them coming in on the
north side and one from the south. In
reply to a query Colonel Murdoch said
that when he first saw the river it was
much larger and broader than at pres
ent and that in the year 1885 it was
practically dry. Judge Ashbaugh ask
ed him to look at a photograph of the
old wood bridge that was built in 1872
on West Douglas avenue and he recog-
nized it Immediately.
Colonel Murdoch described the bridge.
second photograph was introduced
by Judge Ashbaugh, this one being of
the iron bridge which was built to take
the place of the old wood bridge. This
was taken as exhibit B and was read
lily recognized by the witness. Colonel
Murdoch then told about now the river
goes down in July and August and how
it remains dry in the fall. He said that
in May, June and July it is wet in the