The newspaper., 1905-12-08

purposes in Water Dis,ric, Number Forsy, OF
the state of Colorado.
Peter vogel, NJ 7. Conner, The Ex-
oelsior Fruit Company, corporation,
The Paonin Fruit Company. n corpora
= ton. Thomas T. Duffeld and ". X.
Kennedy, Edwin Johns. J. d. VII
Hanson and Randolph Williamson,
Josephine DorrHnce. o. X. Dorrance,
c. e. Hawkins, A. Patterson, and
a. II. Nutting, petitioner for the
right TO change the point of diversion
Wade. Ditch TO the Turner ditch, and }oRDER
Theodore Rocbcr, petitioner To
change the point of diversion of
waters from the Clark & Wade Ditch
TO the Beaver Dam Ditch, all in said
County and District.
Appellants.
The Minnesota Canal & Reservoir Co.
n corporation, Fred Brown, I. o.
Appeilecs.
Peter vogei. NJ p Conner. The Excelsior Fruit
Company, n corporation, Thomas I. Duffeld and
N. X. Kennedy, Edwin Johns, }. ID. Williamson
and Randolph Williamson. Josephine Dorrance.
o. X. DorrHncc. c. C. Hawkins, \. VI. Patterson,
and A. II. Sutting, and the Pnonia Fruit Com
psny, corporation, owners of priorities num-
creed to the CLARK 4 Wade ditch from Minnesota
Greek; aud its First and second Endorsements,
Colorado, and all petitioners for decree per
mitting them to change the point of diversion of
the quantities Of said priori,ies owned by them
TO the Turner Ditch ON said MinuepotA Greek In
said County and Water District, from said Clark
< Wade DITCH and Theodore Rocber. owner of
of prioritcs one. two. and seven heretofore de
creed to the Clark 4 Wade ditch from Minnesota
Creek, and Its First Enlargement, all in said
Water district Forty, and petitioner for decree
permitting him to change the point OF diversion
OF the said amount of said priorities owned by
him TO the Beaver Dam Dt6h, ON the Lake Fork
Branch of said Minnesota Creek, in said Water
District, from said Clark Il Wade ditch and all
having presented and filed their joint STATE
AENT ON APPEAL, in writing, duly verified by
affidavit, properly entitled in the above entitled
court, and In the above entitled cause. stating
the facts required by law to be stated, and pray
Ing an appeal TO the supreme Court OF the state
OF Colorado. from the decree entered herein on
the 2oth day of september, A. D., lDb be allow
ed To them as appellants, against The Minnesota
Canal Il Reservoir Company, owner of The
Minnesota Canal, the Minnesota Canal 4 Reser-
voir Co, T. o. Hester and Fred q. Brown, owners
Of the Sweczy & Turner ditch, aud Aaron
Clouyh, owner Of the Clough Ditch, Al situate
In said Water District Forty, as nppellccs, and
the court on examination having found such
statement to be In accordance with the petitions
and statements OF claim of each OF the appel
lants, and with the statements of the consofidat-
ed petition of the appellants and petitioners,
and with the pcadings filed herein by each and all
Of appellants and appciiecs, and the court hav-
ing further found that said appellants are
affected IN common as well as severally adverse:
ly to their contentious, plcadings, statements OF
claim OF petitions, by said decree sought to be
uoners have filed their petition for re-argumcnt
and review upon the evidence heretofore taken
dents have been duly served with notice thereof,
and that the same came on to be heard before
the Judge Of said court at his Chambers in the
Town OF Montrose, County of Montrosc and
State OF Colorado and the Judge of said court
having heard said petition for re argument and
upon the 9th day OF October, a. D. 1905 and the
same wns denied.
Now on motion q Goudy 4 Twitcheil, King &
attorneys for petitioners and appellants.
IT Is ORDERED, that the said statement be,
that an appeal be, and the same is hereby
allowed, TO the Supreme Court Of said State