Arizona republican., 1905-07-28

and Verde rivers. He said that Hur- ley claimed 200 acres for which he had appropriated water in 1870. His
 contention is evidently correct as his land was under the old Swilling ditch which was taken out some time in the sos. The Mesa Canal company claims
 water since 1878, so that Hurley was
 eight years ahead of the Mesa canal,
 and as there is no contention between
 Hurley and the Mesa Canal company
 you wonder and so have others. why
 this suit was brought against you.
 You are willing for Hurley to have his
 12O inches.
 This suit he said was brought by [ the Water Users association through
 its attorney, under the guise of fulfill | ing a requirement of the government, | in settling water questions in the val ] ley, to prepare for the water of the | Tonto dam and reservoir. There is no
 voice in the association that is against | priority, but many of us were surpris- | ed that a law suit should be brought to settle it and particularly in this
 way, for the reason that this lawsuit
 can never settle the priorities of right of the different lands in the valley, but | only as to the rights of MT. Hurley, | unless cross complaints were filed by each of the defendants and they be- came the plaintiffs against every oth-
 CT land owner in the valley. If none of the defendants came in and an- | swered, the decree of the court would | simply settle the amount of water l that MT. Hurley is entitled to.
 'I believe" said Judge Street, that l the real purpose of this suit is to break and set aside the contract be- tween the Mesa Canal company and  the valley in 1890 Judge Kibbey is too good an attorney to believe that l by this lawsuit he can establish the
 rights of priority to water of all the | settlers in this valley, for it can not be done"
 ! MT. Street then took up the con-
 tract and agreement which was en- tered into by the canal companies of
 the valley in 1890 which declared it. self to be the basis of the distribution
 of the water of the Salt and Verde riv-
 CTS. The contract was duly signed by the officers of the respective canal companies, upon the instructions of
 the stockholders, and has been the ba-
 sis of the distribution of the water i for the past fifteen years. And upon l it the water companies should stand and defend it to the last ditch. After further discussing this contract he said that only a few had ever kicked
 at this agreement, and those few were the ones who were at the bottom of this water suit, and this suit was for | the purpose of breaking this agree
 ment, and could settle no other ques- ton.
 But" said he, "what are we to do? I had thought that the Water Users association would adopt some other plan to settle these priorities when the time came, but now there seems nothing to indicate it, for cards have been sent out notifying the land
 owners that unless they are in with their answers by August 1, summons will be served on them and they will be forced into court. I had about de- cided that the best thing for you to do was to enter a disclaimer, but now
 my mind is, and I would so advise the
 Mesa Canal company, to make no an
 swer until a summons is issued, and then to go into court and make an swer that the contract and agreement
 of 1890 settled the Hurley contention as far as the Mesa Canal company is concerned, and insist on the contin- uing in force of that agreement. To the individuals I would advise that ev- cry water owner included in this suit join in one answer, a general denial, and then wait and see which way the cat will jump. This joint answer will save from s to $8 to each individual
 The general denial will possibly not
 be the one we will desire to make when the case goes into court but it can be amended at any time before trial, and by it you will lose nothing"
 At the close of MT. Streets talk an informal discussion took place. Dr. F. w. Wilbur asked the question as to what would be the result if all the people named in the complaint would jump in and answer as requested by Judge 'Kibbey.
 "If they did" replied Judge Street, "and it is beyond comprehension that they should, it would simply settle the amount of water that MT. Hurley was