The newspaper., 1905-11-17

IN THE DISTRICT COURT
In the matter of the Adjudication of Prioriiies
purposes in Water District Number Forty, Of
the state of Colorado.
Peter Vogel, NJ. 7. Conner, The EN-
celsior Fruit Company, . corporation,
The Paonin Fruit Company ~ corpora
tion, Thomas T, Duiield and N: X.
Kennedy, Edwin Johns, J. d. VIII
hanson and Randolph Williamson,
Josephine DorrHncc. o. X. Dorrance,
c. e. Hawkins, A. " Patterson, and
A. II, Sutting, petitioners for the
right to change the point Of diversion
Wade Ditch to the Turner ditch, and SoRDER.
Theodore Rocber, petitioner to
change the point OF diversion Of
waters from the Clark & Wade Ditch
to the Beaver Dam Ditch, all In said
Appellants.
The Minnesota Canal & Reservoir Co,
n corporation, Fred Brown, I. o.
Appclees.
Peter Nogel, VI. =. Conner. The Excelsior Fruit
Company, corporation, Thomas !. Duiiield and
and Randolph williamson, josephine Dorrnnce,
o. X. Dorraucc G. G.. Hawkins, A. VI. Patterson,
and A. II Nutting, and the Pnonin Fruit Com
puny, a corporntion, owners of priorities NUM-
bers one. two. seven and eight heretofore de-
creed to the CLARK & Wade ditch from Minnesota
Greek and it, First and second Enlargcmcnts,
all in said Water District Forty of the state Of
Colorado. ana all petitioners for decree per.
rnitting them to chnnge the point of diversion of
the quantities of said priorlties owned by them
to the Turner Ditch on sHid Minnesota Creek In
said County and Wnter District, from said CLARK
q " nde Ditch, and Theodore Rocber, owner of
81 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 Its First Enlargement. all I'm 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 Ditch, on the Lake FORK
BIsnfn q ra sd .nd cs9 %ade dss sia and s
having presented and filed their Joint STATE
hENT 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
OF Of colorsdo, from 20 nj the decree entered herein on
the 10Th day OF september, A. d., 1902 be allow
ed 70 them as appellants, again" Inc Mnnes1,a ny Th
Minnesota Canal, the Minnesota Canal & Reser-
voir Co., T. o. Hester and Fred q. Brown, owners
OF the Sweezy Turner ditch, and Aaron
Ciouyh, owner Of the Clough Ditch, all situate
in said Water District Forty. as nppelleee, and
statement 70 be in accordance with the petitions
and statements OF claim OF each Of the appel
Ia ton nha wh ~ I'M tne snnelIsns and pe.tiope
and with the pleadings hled herein by each and all
Of appellants and aPpeliees, AZ and the eouIt hay.
affected in common well ms scverally adverse
ly to their contentious, pleadings, statements OF
claim Of petitions, by said decree sought to be
And II further appearing that the said peti
sa he
and upon additional evidence, and that respon-
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 Montrose and
state of Colorado and the Judge of said court
having heard said petition for re-argumcnt and
review and the argument OF counsel thereon
upon the 27th day OF October, A. d. 1905, and the
same denied.
Now on motion OF Goudy & Twitchell, King &
Stewart, NJ. X. Welch and Millnrd Fairlamb,
attorneys for petitioners and appellants.
Ir Is ORDERED, that the said statement be,
and the same is hereby approved and
that an appeal be- and the same IL hereby
allowed, to the Supreme Court of said state
from the decree entered herein the
10Th day OF September A. ID. 1905. and from the
order OF the Judge OF said Court denying the
application for re-argument and review on the
9th day OF October A. ID. 1908, wherein Peter