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

porations are necessary parties to
proper and complete determination OF
this suit, to the end that the court
may, in one Judgment or decree, settle
the relative priorities and rights of
all parties to this action, and these
proceedings are brought to determine
and finally adjudicate and settle the
relative priorities and rights Of all ap-
perpetrators and persons using or claim
ing the right to use, for any purpose
whatever, any of the waters of Milk
river or of any or either of its tribu-
taries aforesaid; and the plaintiffs
further allege that the dates, amounts,
nature and extent of the pretended
appropriations and claims of the de-
PENDANTS, and each of them, are to the
plaintiffs, and to each of them, un-
known, and the plaintiffs now ask
that each and all of said defendants
be required to answer and set forth
the nature, dates and amounts of
their respective claims.
Finally, the plaintiffs, and each of
them, pray for Judgment:
First. That each and all said de-
PENDANTS and all persons who have
diverted water from Milk river or
from any or either Of it's said branches
or tributaries, or who have or claim
to have any right to the use OF such
waters, or any part thereof, be requir-
ed to answer this complaint and to set
forth specifically and in detail the
nature, dates and amounts Of their
respective claims or titles i'll and to
the waters of Milk river and its said
tributaries, for the purpose and to the
end that the relative priorities and
rights of all parties to this action may
be adjudicated and finally determined
by one Judgment or decree of this
court, in accordance with the provis,
ions of section 1891 of the Civil code
of the state of Montana.
Second. That the plaintiffs, and
each of them, respectively, be quieted
in their titles to the said waters and
and the use thereof as of the dates
and to the extent and amounts and
for the uses and purposes alleged.
Third. That upon determination OF
the relative priorities and rights o1
each and all parties to this suit, il
deemed by the court most feasible and
equitable in the premises, the amount
of water that may be awarded and
decreed to each of the parties to this
action be fixed and decreed in acre
feet, and if the conditions then appear
to warrant it, that the court appoint
one or more commissioners to carry
out the provisions of such decree.
Fourth. That upon rendition OF the
| final decree of this court, the defend
ants, and each of them. and all per-
sons acting by, through or under
them. or either of them, be perpetu
ally enjoined and restrained from in
any manner interfering with the
respective rights Of The plaintiffs, and
each of them, in and to the said wat
ers and the use thereof, as found and
determined by such decree of court.
Fifth. That it be adjudged and de
creed that the plaintiff, the New l1ar
lem Irrigation Co., is trustee anc
holds in trust, for the Use and benefit
of 1.-THE stockholders, the legal title
to the water aforesaid so by them anC
the plaintiff, E. Mead Kennedy, ap
propriated, acquired and owned.
Sixth. The plaintiffs pray for sucl
other and further relief As to equit,
may appear just and proper in th'
premises.