The Havre herald. [volume] (Havre, Mont.) 1904-1908, 1905-10-13

In the district court at Fort Benton,
there has just been instituted pro-
badly the most important suit ever
brought in Montana, aside from a
few of the big Butte mining cases,
it being an action to secure adjudica-
tion of all water rights along Milk
river, the north and west forks OF
Milk river and Parallel and Savoy
creeks, in that county. The action is
brought at the instance Of the United
States reclamation service, and there
is every reason to believe that it is
the final step preliminary to the
awarding Of contracts for construc-
tion on the great Milk River irriga-
tien project.
The complaint, prepared by Attor-
neys Geo. H. Stanton and J. A. Nc
Donough of Great Falls and Chas. n.
Pray of Fort Benton, is printed
pamphlet of 40 pages, containing
about 10000 words. There are about
40 plaintiffs and about 200 defendants,
while many more may be compelled
to become defendants or join as plain
tiffs in the actions. Anyone who
claims any right to the use OF any
water from the streams named must
become party to the action or forfit
his right. 1t has been estimated that
about 1000 water rights have been
filed, appropriating water from the
streams named, but many OF the
rights have expired, and many of the.
appropriations have died or left the
state. .".
The expenses of the litigation, aside
from the costs that may be assessed
in Judgment, will be borne by the
United Milk River Irrigation associa-
tion, composed of residents OF the
principal towns in the Milk River
valley. While the Milk River project
will cover lands in Chouteau, Teton
and Valley counties, the officials OF
the reclamation service will be satls-
fed with adjudication of the rights in
Chouteau county alone. The officials
announced some time ago that they
would not proceed further with the
project until the conflicting rights
had been adjudicated, and the suit is
brought for the purpose of satisfying
the government.
If all interested are anxious for an
equitable adjustment of the conflict
ing claims, it is probable that a final
decree may be secured in few
months. Many of those interested
are known to be willing to let the
evidence that the officials Of the
reclamation service are prepared to
furnish go uncontroverted, and if all
should do so, it would not require
much time to secure a decision.
Issues should be joined in the action
within 80 days.
The plaintiffs in the action are The
New Harlem Irrigation Co., e. Mead
Kennedy, Charles Fl. Barton and Vim
cent Pauly, executors of the last will
and testiment of Vincent Pefaur,
deceased; Antoinette Bosley, Ella
Sharples, Samuel R. Birdwell, Philip
Buckley, Antonio Bonacci, James B.
Dorrity, Thomas NJ. Everett, Addie
B. Everett, John NJ. Everett, Esther
Erbes, L. Eraux, Harris Farnum,
Robert B. Ganaway, j. A. Hatch,
Geo. e. Heath, Peter Larson, William
J. Mcconnell, Jessie FL. Merrill,
Louden Minugh, Priscilla E. Nc
Daniel and John Mcdaniel, Vincent
Pauly, Mary A. Pauly, Guy NJ.
Philips, James Rannel, Clearance E.
Sadler, Charles A. Smith, Alonzo
Smith, Walter B. Sands, Herman l..
Colgrove, W. NJ. Williams, Frank E.
Benedict, Edward S. Pool, Louis 4.
Veseth, Amos Everett and Mary L.
Farnum.
The defendants are the Fort Bel
KNAPP Canal g. Irrigation Co., the
Bogy Mercantile Co., the Empire
Cattle Co., Paradise Valley Ditch q
Irrigation Co.. Thos. O'Hanlon Co.,
Cook Irrigation Co., Charles Chris
tiansen, administrator Of the estate
of Helen Christensen, deceased
Great Falls g. Harlem Ditch Co.,
Matheson Ditch Co., The Stockmen's
National Bank, Paradise Ditch &
Canal Co., Donald Graham, admins
traitor of the estate of Murdack, L.
Graham, deceased: North Fork Cana
& Reservoir Co., John Buckley. ad
ministrator of the estate Of William
E. Buckley, deceased: st. PaCl, Min
neapolis & Manitoba Railway Co,
Great Northern Railway Co., Dayie
c. Marriott, August Nystrom, Gusta
2. Abelin, Jennie soderstrom
Edward Forbes, Charles E. Farnum