The newspaper., 1905-11-10


purposes in Water District Number Forty, OF
the state of Colorado.
Peter vogel, ". p Conner, The Ex-
celsior Fruit Company, corporation,
ton, Thomas T. Duffeld and N. X.
Kennedy, Edwin Johns, J. ID. VIII
hanson and Randolph Williamson,
Josephine Dorrance, o. X. DorrHnce,
c. &. Hawkins, A. 81: Patterson, and
A. II. Nutting, petitioners for the
right to change the point OF diversion
OF certain waters from the Clark &
Wade Ditch to the Turner ditch, and SoRDER.
change. the .Poin, Of diversion q
waters from the CLARK Wade Ditch
TO the Beaver Dam Ditch, all in said
County and District
The Minnesota Canal Reservoir Co,
corporation, Fred Brown, I. o.
Hester, and Aaron Clough.
Peter vogel, NJ p Conner. The Excelsior Fruit
Company, corperation; Thomas 4 Pyield wiiIs and
and Randolph Williamson, Josephine Dorrance,
o. X. Dorrance. c. c. Hawkins, A; NJ Patterson,
pany, corporation, owners OF priorltics num-
bers one, two, seven and eight heretofore de
Greek: and its First aud second Enlargements,
all iu snid Water District Forty OF the state OF
Colorado. and all petitioners for decree per
mitting them to change the point of diversion of
the quantities of sHid prioritics owned by them
10 the Turner Ditch ON said Minnesota Creek in
said County and Water District, from said Clark
q Wade Ditch, and Theodore Roebcr, owner OF
IS inches, statutory measurements, OF the waters
of priorities one, two, and seven heretofore de-
creed TO the CLARK Il Wade ditch from Minnesota
Greek, and It's 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
Branch OF said Minnesota Greek, In said Water
District, from said Clark * Wade ditch. and all
snyNsn4F sEN4F dN GJesePfEA SPFEAI % writ Wns duly yeTsd
affidavit, properly entitled In the above entitled
court, and in the above entitled cause, stating
raH lv Inv In he
ing an appeal 10 the Supreme Court OF the state
OF Colorado, from the decree entered herein on
ed 10 them as appellants, against The Minnesota
Canal Il Reservoir Company, owner OF Inc
yoir Co, r o. Hester and Fred @. Brown, owners
OF the Sweezy * Turner ditch, ana AARON
Giongh W 2WneT brct 81 ths Fo4ty ms eppeiees and
the court on examination having iounn huch
statement TO be In nccordnnce with me petitioh1s
and statements of claim of each OF the appel
lants and with the statements of the consolidat
ed petition OF the appellants and peationnerss rs
and with the plcadings filed herein by each ana all
OF appellants and appellees, and the court hav-
ing further found that said appellants are
affected In common well as severally adverse
iy to their contentious, pleadings, statements OF
claim Of petitions by SAID decree sought 10 'e
And IL further appearing that the said peti
TONERS have filed their Petition 1oT tnsen
and upon additional evidence, and that respon-
dents have been duly served with notice thereof,
and that the same came on 70 be hearu peiv.o th
Town OF Montrose, County of Montrose and
state of Colorado and the Judge OF said court
having heard said petition for re.aIgumehht hn ana
upon the 9th day OF october, A. ID. 1905, and the
same was denied. ,,, q,
Now on motion Of Goudy q Twitchell, King q
attorneys for petitioners and appellants. =,
IT Is ORDERED, that the said statement pe,
and the same Is hereby approved and
that an appeal be, and the same is hereby
allowed, TO the Supreme Court o. sara sta,e ,te
2oth day OF September A. d. 1905, and from the
order Of the Judge of said Court denying the ,he
application for argument and review On a.. tno