The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-16
DRAGS TOO MUCH.
Kansas Attorneys Want Irrigation Suit
Closed Up.

The extreme and deadly monotony
of the Kansas Colorado suit was
illuminated just at its close by {. clash
between the opposing attorneys over
the admission of more evidence by
when the state of Kansas finished
its rehuttaI testimony this morning
I about II o'clock, Attorney General
duce some more evidence about rain
fall.
IF the gentlemen from Colorado
think that they can prolong this case
another fourteen months. they are
/ mistaken, said S. S Ashbaugh, one
Of the Kansas attorneys. Their time
has passed for introducing testimony,
and I shall. object to anything more
from them"
I'VE want to get in some of the
official weather reports about rain
/ fall retorted General Miller, $50
that one of the questions asked by the
supreme court can be answered. You
| people have put on a lot of farmers
to testify about rainfall; what we want
is to get the official records"
| ANY of our farmers are as smart
as your alleged experts" shot back
/ Ashbaugh.
Piled Miller. Seems to me you used
nearly all the politicians in the state
of Kansas as Witnesses.
Yes, and I cross examined the man
who is now governor of the state of
! Colorado, one OF your witnesses, the
king bee of the Colorado politicians,
said Ashbaugh.
And he was a cracking good wit
ness, too said Miller.
| Were not discussing that point
now" replied the Kansas attorney.
| 1t was finally arranged that A. c.
Campbell, representing the govern
ment Of the United States, should be
| allowed to introduce as government
! of
weather reports at Dodge City and
| Wichita, showing the amount of rain
fall for the past twenty years, to-
! gether with any other weather reports
which might be produced.
/ When this point had been settled,
| General Miller presented a motion to
strike out all the testimony presented
by Kansas during the rebuttal on the
| following propositions:
| 1. Evidence offered not proper rebuff
| tai evidence.
? Leading questions were asked by
the attorneys when other questions
| failed to bring desired results.
3. All testimony relating to under
| flow improper.
4. Ali testimony relating to the mar
rowing of the channel of the river and
! formation of islands.
). Increase or decrease of crops rails
/ ed in the bottoms.
6. Lowering of water in wells.
T. Filling up of channel of the river.
rms InOtlOn was not passed upon. 1t
simply goes before the supreme court
with the testimony. The speial master
appointed in this case was given no
authority by the court to reject testi-
mony. He has to take everything Of
fered..
It has been decided that the attorneys
will meet in Denver on July 10 for the
purpose of beginning the preparation
OF the abstract of the evidence There
was some talk of having this meeting
at some eastern summer resort, but it
was decided that it would cost too
much. So the attorneys will meet at
Denver. The preparation of the alb
stract of the testimony is a big under
taking. and may consume a month or
more of time.
This morning the testimony Of the
following witnesses was taken: Cyrus
Anderson. secretary of the state board
of railroad commissioners; Thomas An
derson, ". H. Mitchell of Beloit. A. NJ
Campbell of Salina. The testimony was
concerning the condition Of the rivers
of the state during the past 30 or 40.
The Denver people will start for home
this evening.