The Glenwood post., 1907-07-06
GRIZZLY CASE
STILL UNSETTLED
Judge Caveader Denies AppNCafion
to Dismiss Petition sad will
Set Case for HeariRa
Later On
THE COURT ORDER IN FULL

| Last Monday Judge CaVender at
chambers in Leadville listened to argu-
ments on the plan of procedure of the
case of Glenwood Light and Water
company in its petition for an adjudi-
cation Of the waters of Grizzly creek.
Town Attorney Taylor of Glenwood
and John Ewing of Leadville repre-
senting some of GlenwOod s citizens
appeared for their clients and asked
that the petition of the company for
an adjudication of Grizzly water be
denied. This motion was promptly
| denied by the court, who stated that
the town of Glenwood Springs had no
rights whatever in the waters of
Grizzly creek so far as any knowledge
brought before him was concern d
He also overrulci the attack made
on his jurisdiction ard held the parties
in court subject to his order.
So many extravagant claims have
been made in connection with this hear
| ing that the Post gives the exact facts
WlluOul CTUWlHR dUOub any NlClpIy lui
or against the company but will say
that the only portion of the order which
| was ever contrary to the prayer of the
petitioners was the decision that no
tice should be given by publication
This is a mooted question and Mr..
| Lyle said before the hearing that it
made but little difference to the chm
pany how the court ruled upon the mat
ter.
The order of the court in full is rs
follows, omitting the title of the c,..sssi
This matter coming on to be heard
on the motions or protests of the Town
of Glenwood Springs, Colorado, and of
D. Broughton filed herein for, inter
ala, the dismissal of this proceeding
and of the petition filed herein by The
Glenwood Light and Water company
above named, for an adjudication or
decree for certain water rights in the
stream of Grizzly Creek in said Water
District No. SO, the said Town of Glen
wood Springs being represented by its
duly authorized counsel, Charles w.
Taylor, Esq, and certain taxpayers of
said Town, and also said BroughtOn be-
ing represented by their duly authoriz-
ed counsel, John Ewing, Esq, and the
said The Glenwood Light and Water
Company being represented by its
counsel, c. W. Darrow, Esq, and Wm.
O 'Brien, Esq, and the Court having |
heard the argument of counsel and be-
ing fully advised in the premises do
order as follows:
TT is ORDERED that said motions
or protests to dismiss be denied and
ovcrruled, that this proceeding be re
taiued in this Court for further pro
ceedings, and leave is granted to the
petitioner to file an Amended or sup |
Elemental Petition herein as it may be
advised, on or before July 18th, 1907;
that the petitioner in such amended or
supplemental petition may also include
any claim it may have for an aiudlca-
tion OF decree for water rights in the
stream known as No Name Creek in
said District, or any such claim may be
ad.iudicated, upon statement of claim
to be filed in pursuance of section 24Oo
of Mills Annotated Statutes of Colo
,licable, and that such amended or
supplemental petition be in the nature
of petition or application for gen
eral adjudication throughout said Wa
tor ntStrfot of tor and |
used for any beneficial purpose other
| than irrigation and that proper words
be added to the title of this proceed |
ing to indicate such general adiudica-
tion proceeding.
And the Court or Judge hereof hav-
ing heretofore prescribed and ordered
by the order setting this matter for
hearing on June 3rd, 1907, that no.
tice be served upon the parties named
in the original petition of the petit
toner herein, namely, W. Fl. Trumber,
j. C. Brown, Blanche Brown, Mrs.
Rush Pratt, Sidney Broughton, Nicho-
las Thome and M. J. Stearns and The
Central Colorado Power Company hav-
ing also bssn served with such notice,
it is hereby CONSIDERED and OR
DERED that the Court have and retain
jurisdiction of all such parties who
may have heretofore been served with,
or acknowledged service of, said no.
tice, and also that the Court have and
retain Jurisdiction over the said The
Town Of 0lenwood Springs which, as