The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1905-02-01
IN THE CELEBRATED BURNT FORK
WATER CASE.
JUDGE WEBSTER MAKES FEW CHANGES
This Settles Status of Burnt Fork
Water Rights Unless Appeal is
Taken or New Trial Secured.


court in Hamilton Monday evening
After dispatching the business on
hand adjournment was taken until
March Z, the date set for the trial of
the Sweathouse water case.
The court yesterday handed down
the final rulings in the water suit of
S. y. Cowell VS.. B. F. Julian ct al,
familiarly known as the Burnt Fork
cases which case was originally tried
before w. p. Baker sitting as referee.
The matter came upon the report of
the referee, the court passing upon
the objections and exceptions ETC.. to
| referee.
The court ordered that the findings
and conclusions of the referee, as an
unced and published at the time in
The Western News, in conclusions
Nos. T., 3, 6, 9, 10, II, Is to 10, 20 d.
and D, "a, %. 81 to 80, 80 to 81 inclus-
i've, So and 81, 50 to o. 64 to oS, II to
u, "a, IS to 80, 90 to 90, be sustained
and adopted.
In referees finding No. 2, involving
Alexander S. Buchanan, it is ordered
that the conclusion "te amended so as
to make the source of the appropria-
tion North Swamp creek.''
In ruling No. 4, involving w. G.
Bostworth, it is ordered that "tinding
and conclusion No. be modified by
changing the date of the appropria-
ton from May 20,1863 to June 1868"
Ruling No S, involving S. d. Cow
ell and Hannah E. Whaley is cor
rected so as to make the amount of
the appropriation $50 inches"
Finding No. is modified by chang
ing the amount OF the appropriation
of John Mckinley from 240 inches to
159 in and Grace Stewart from 521z
inches to 40 inches.
Ruling No. orders that conclusion
No. 8, involving John Mckinley, be
omitted entirely all the water to which
the land in question is entitled having
been allowed under ruling No. 7.
Ruling No. u orders that referees
conclusion No. Il be corrected and
inodi fled so as to give James Phelps.
Jr., 80 inches; Isaac Hall, 40 inches
and Octavla Milliken, 40 inches, Hall
and Milliken being overlooked in said
finding.
Fin ding No. 13, involving Arthur and
Raymond Porter, is corr ected so as to
make June l, 1866 the date of appro-
priation.
Ruling No. IA involving Napoleon
Dumontier, is modified by changing
the amount from 200 inches to 100
inches.
Ruling No. % orders that st. Mary's
Mission be given 80 inches instead of
Is inches.
Ruling No. Is orders that Abe Buck
be given an additional appropriation
of 90 2-7 inches through the Rot inson-
Buck ditch to date from June 1, 1892.
finding No. 81 by inserting the names
of Maggie r Whitmore and H. P.
Dwyer along with B. F. Julian and ].
B. Townsend, said Whitmore and
Dwyer having been omitted and that
the appropriation of 13O inches be
equally divided among the four, so as
| to give each 32T inches.
Ruling No. SIS, involving William
Phelps, referees finding is changed
making the date of appropriation
! April 1, 1891 instead of April /, 1887
| and that the amount be changed from
, 195 inches to 100 inches.
Ruling No. So, involving Harvey D.
Fisher, changes date of appropriation
from June l, 1896 to July u, 1896.
Ruling No. 65, involving John S.
Robinson, corrected so as to make
date of appropriation June /, 1868 in
stead of 1864.
Ruling No. 90 modifes referees
nnding by making amount of appro-
pri alton 800 inches and gives f. W.
Howard a share of same to amount of
100 inches.
Ruling No. 20, involving Thomas
Johnson, changes source of the appro-
priation to the south fork of Burnt
Fork instead South Swamp creek.
Ruling No. 75, Walter Roach makes
the same source of appropriation the