Cañon City record., 1907-05-16

I
! tempt, whether it be from residents in
Kansas or in any other state into
which rivers rising in Colorado will
flow. will act as barrier against any
further molestations from citizens OF
other states.
In the investigations made by Colo
RADIO to obtain evidence to controvert
the allegations made by Kansas, some
very remarkable facts were obtained
| by Professor Carpenter. who made
survey Of the river and also OF the un
Iderground current from Leadville TO
Wichita. He proved that the river was
really two rivers, one ending west OF
the Colorado line. He also proved that
the seepage in the rain belt was to-
ward the river and that therefore the
Kansas farmers could not be injured
by Colorado citizens taking the water.
| II was one case in which expert tes-
timony prevailed.
In connection with the investigation
| made by Colorado. Kansas also made
an investigation and three years ago
each side presented its claim to the
United States supreme court That
court appointed special commission
headed by T. J. Campbell to conduct a
| thorough Investigation. This commits
sion SAT In almost every town in the
Arkansas valley from Leadville to the
Missouri. They took testimony from
almost every resident and Investigated
the history of the Arkansas river in
Colorado beginning with the notation
of Eebulon Pike 90 his trip west when
Pixies peak vas discovered. This COM
! mission as intervenor for the govern
meat filed a separate report to the
United States supreme court. and last
October attorneys for Kansas. Colo
rado and the government argued the
case in that tribunal.
The court gave four days to the ar
gument. which was twice as long
time as was ever given any case in the
history OF the United States govern
ment.
The members of the court also gave
the strictest attention to every word
/ that was said and each individual
| member remained on the bench during
the entire four days argument This
was also a precedent in that body.
! Mondays decision was announced by
makes 1t all the stronger
| The kausas-Colorado water suit,
which ha. Just been brought to a close
by the highest tribunal in the land. and
which has extended over a period of
time beginning during Governor
Thomas administration. was the most
noted case ever called TO the attention
of the United States supreme court
from the country lying west of the
Missouri.
II derives It's name by reason of the
| tact that its~as a suit between Kansas
and Colorado enta!ling the question of
damages which might accrue to one
state by reason OF the actions of the
citizens OF another In behalf OF resi-
dents living in eastern Kansas that
state started a suit for damages and
asked permanent injunction restrain
| ing the citizens of Colorado from using
the waters Of the Arkansas for irriga-
ton purposes. maintaining that the
water should be allowed to take its
customary course through the bed of
the river and only such irrigation as
could be derived from seepage should
be used. The citizens along the river
west OF the fainbelt in Kansas Joined
with Colorado. for It meant Just as
much to them as II did to Colorado.
The Thirteenth general assembly real-
izing the Importance OF the case, ap-
propriated $2b, 900 and little later ex-
Governor Thomas and Judge l.. NJ.
Goddard were appointed to defend the
case for Colorado. Since that time
Colorado alone has expended $4,000
and individual interests have expended
S20,0 900, bringing the total expenditure
OF the suit up to 100000.
During the years that have inter-
vened. as the attorney generals once
has changed In personality almost all
the prominent law frms OF the state
have been connected with the suit, but
never once did the state lose during
the changes. All who have been con-
nected continued to give the case their
good will and support. The claim Of
Kansas was that BY reason of the
water taken out Of the river In Colo
RADIO their lands were allowed 10 dry
up. The claim of Colorado was that