The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-15
A FIGHT FOR LIFE.
Colorado Men Talk of Irrigation
Suit.
Here for the Closing Chapter
in Big Case.
WHAT 1T ALL MEANS.
Kansas Victory Would Put
Colorado Out Of Business.
Gould Do Nothing More as Farm
ing State.
WHAT 1T ALL MEANS.

N. c. Miller, attorney general OF
Colorado 1T is impossible to fore
cast what the supreme court will do
about this Kansas-C Colorado suit. New
questions are involved; questions upon
which no court has ever passed. The
state of Colorado will have spent,
when the thing is ended. about $4,000
IN hugating the case. I expect that
the case viii be argued next March,
L. 2. Carpenter, eX-state engineer of
Colorado, an expert employed by the
state Of Colorado. 1.-THE outcome of
this case means much more to US than
1t does TO you. If you win, you will
put the state of Colorado out of BUSH
ness forever as an agricultural com
munlty- IT we win you viii be no
worse of than you have been all
along
Chas. ID. Hayt, associate counsel for
the state Of Colorado. former chief
Justice Of the Colorado supreme court:
OF course We believe that we are
right IN this contention. and we hope
20 win The Kansas people have
treated US very nicely in this litigation.
dont care to discuss the case
j. p. Doyle, stenographer: 1.-THE
transcripts Of evidence in this case
VIII be from 5000 to 10000 typeWrit-
ten pages in length. About 5000 pages
OF II is now ready. We have taken
such vast bulk of testimony that I
nave really forgotten a good deal of
u Inc intention is to have it printed
BY the government for the United
states geographical survey"
The above expressions on the Kan
sds-COloradO suit were given today by
a distinguished party Of Denver citf-
zens who are in Topeka taking the
nnal testimony in the lOng-fOught
kansas-Colorado suit. The testimony
is pelng taken IN the supreme court
room, and viii not be finished. it is
supposed, until Friday morning.
In addition to the above named par
ues from Denver Granville A. Rich
ardSOn OF Roswell n. NJ, the special
master appointed to take the testi-
mony, Is here. also A. G. Campbell of
washington, ID. c., representing the
United States government.
The state Of Kansas is represented bv
Attorney General c. c. Coleman. and
special attorneys n. H. LOOMS and S.
S. Ashbaugh.
All the testimony to be taken at this
hearing is offered by the state of Kan
sas. 1t is the final rebuttal in the case.
The lawyers come here from Oxford,
Kan, where they have been engaged in
taking testimony from the residents of
that town
This morning the witnesses examined
were Colonel Geo W. Veale of Topeka,
one Of the oldest settlers Of the state;
Hin p. Wilson, assistant secretary of
state, and John S. Dawson, assistant
Dawson live in the western part Of the
state and testified concerning the con-
dltion Of the rivers for as far back as
they could remember
The general purpose of the testimony
introduced this morning by the state
was to show that the rivers in the
northern part Of Kansas have shown
no signs Of failing so far as the oldest
settlers can recOllect, while the Arzan-
sas river has been gradually decreasing
in its fOW in proportion to the amount
OF water which the Colorado people
drew of into their irrigation bitches.
The attorneys for Kansas have at
tempted to prove that there has been a
gradual decrease in the acreage Of
crops raised in the Arkansas valley. In
reply to this, Colorado has taken the
crop statistics for Kansas and proved
that the same rule applies throughout
the whole state of Kansas In reply to
this the Kansas attorneys Will try to
show that this decrease in acreage
throughout the state is due to the fact
that in the early days, only the valleys
and most fertile places were cultivated.
while Of later years, the increase in pop
ulation has led 90 the cultivation of
less productive areas, thus cutting down
the general average of the acreage
N H LOOMS said today in speaking
of the progress of the case: After the
testimony Is all in. which presume will
be at the end of the present hearing,
we will then undertake the immense
task of abstraCting the evidence, and
getting our briefs ready. This will take
q considerable time, but the probability
Is that the case can be submitted to the
d1urt by next spring
Very few of the Colorado contingent
had ever been in Topeka and during
their stay here they win be given an
opportunity to see the town. An auto
Mobile ride is being planned.