The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1904-12-10
.the right Of way.g People wins haxel

The ditch companies own the land
which the bitches traverse. The laws
States, have authorized the running
of water through them all of these
years. and just as it is run today.
1t cannot take them away. The city
came and located itself alongside Of
the bitches. subject to all their vested
rights. 1t cannot AXE these rights
away.
But does the city propose to dc
this? Practically il does. The coun-
Gil says that these bitches cannot
longer be operated until they are
tiled" and it will ask the court to
issue an injunction against this fur
Their use. until the "tiling'' is done.
But this proposed 'tiling" or sewer
ing of the bitches is wholly imprac-
teal. 1t would involve an expense
which the ditch owners are entirely
unable to meet. Every ditch owner
would have to surrender his title TO
water, and let his property go to
ruin, for he could not meet the enor
nous cost of his share of the ex-
pense of converting these open ditch.
es into closed sewers. This would
ditch property. Do the very distin-
guished citizens who compose this
Notable council of ours suppose for a
moment that they have any right or
power to do this? Do they suppose
that any court will issue an injunc-
ton against the use of these bitches
that they have been used for a score
of years, without the council can
give sufficient bond to reimburse for
all losses during the pending OF this
case in the courts? No court could
protect the interest of the ditch own
ers with a less sum than a half mill
ion dollars. Who will give a good
bond for this? The city can't do it.
1t owes all it can pay. and all The law
allows it to owe. The city could not
give security which a business man
would take for a hundredth part of
this amount. Perhaps the wealthy
gentlemen who compose the council
may back up their action by giving
their personal bond. Imagine the
court considering the value of such
a bond.
And the council may be sure that
their plan of confiscation will be re-
sisted. There are some strong men
in these ditch companies. II the CT
ty pushes it's case in the courts it
will go to the highest court that it
can be taken to. II will be likely to
take years to reach a final decision.
IN the mean time half the producing
country about Roswell will become a
wilderness, and the city will suffer
a great and inconceivable loss.
And why all this disturbance? The
council says the bitches menace the
public health. Probably they do,
while they are stagnant with the wa
ter shut out of them. NEVER WHILE
THEY ARE RUNNING WITH FULL
BANKS. No purer water runs in
any of Gods rivers than flows thro'
these Spring River bitches. 1t is as
clear and sparkling and health Civ
ing as mountain brooks. If the city
would legislate against allowing the
bitches to remain empty for so long,
it would be a very wise action. Once
a year. in the cold season, the bitches
must be cleaned. One week IS suffi-
cient for this. Let the city council
act sensibly in this matter, and COM
| pei the companies to clean the ditch
es in the shortest possible time, and
keep them running full tide all the
balance of the year. And let this
vigilant council protect the bitches
against the dead cats and dead chick
ems and old rubbish that some Of the
people throw in the bitches. Our
$500 -.z-II $780, lfA1Ann rrril1