Cañon City record., 1907-05-16
Attorney ely
Sspreme Cosrt Of the United States Decides That Com
pl.anant Has Ssffesed No Material Injury
From Irrigation In This State.

Inc hil6htioh
case. one OF the most important mat
tors adjudicated in this country during
the last decade. was on Monday dis
missed from the supreme court OF the
United States on the ground that the
omplainant had failed to establish its
contention that its" rights were in
fringed by reason of irrigation in this
state.
The case was instituted in 1901 and
there has been almost constant litiga-
ton between the contestants In the
suit until It was presented TO the su-
preme court a few months ago for de-
termination. Believing 1t had griey-
ance and that a remedy might be had
At Law the people OF Kansas six years
ago sought to have Colorado enjoined
from diverting the waters Of the Ar
kansas river from their natural chan
mel for irrigation purposes. or permit
ting Its citizens to do SO. The conten-
ton Of the complainant was opposed
by the people OF Colorado as being
illegal, IneQuitable and unjust, and u
great mass OF testimony favorable TO
this view Of the matter was collected
and laid before the court
Aside from Its importance to the
material welfare OF the people OF this
state the case ~as an extremely inter-
ostinx one on account OF the questions
involved. some Of which we're without
rprscedent. being new In Irrigation Law.
The connection Of Clyde c. Dawson
with the case rendered IL OF excep-
tional concern to the people Of this
city and the proceedings were. prob
ably, mora closely followed here than
else on that account. Mr..
bkwsoa was prominent figure in the
case from the beginning and he natur-
ally feels slated over the way II has
been settled. The result Is especially
gratifying to Mr.. Dawson. owing to
the fact that he had charge OF prepar-
ing the evidence and the submission OF
the argumsut to the supreme court on
the point upon which the decision was
based.
The announcement OF the courts de-
cision was handed down by Justice
Brewer. who said that the dismissal
OF the suit was without prejudice To
the right OF Kansas To serve its Pc
tttjon whenever Il can be shown that
the state Ia being substantially injured
from the causes complained Of Mr..
Dawson, however. as well AZ other at
torneys In the case, are of the opinion
that Kansas will never reopen the
matter: In fact. II is not at all prob
able tha, 1t will ever be aisle To make
n better showing than It has in the
one Just dismissed by the supreme
court.
While the reasons for the dismissal
of the case. other than In general
way. have not been made public. II 10
believed that this result was brought
about upon one OF two grounds--elther
that Kansas failed to prove that she
had been damaged. or that the court
held that Colorado as state was not
engaged In the irrigation business and
that the suits should have been
brought by individuals In Kansas
against individuals In Colorado. rather
than BY one state against another.
whichever reason the supreme court
gave for the dismissal II is not prob
able that another suit will follow. Kan
xas certainly made the best showing
OF damages possible and II that show
preme court II would be impossible for
her to institute and carry to success
full finish stronger, case. Again II
the supreme court holds that suits Of
this nature must be between individu-
ais or individual corporations, the ex-
pense Of such a case will act an pro-
hibition against any individual or in
dividual enterprise attempting Its re-
ncwal. Tho consensus OF opinion h
that the matter Is ended and that Colo
RADIO has won a great victory and that
from now on she can use the waters OF
her rivers to whatever advantage she
may wish and none there are who can
gainsay her right to do this.
To be sure the many Interstate Ques-
tions that were brought up in this case
were not decided and the principles In
voived remain a. unsatisfactory when
applied 70 Interstate commercial reia-
tons ~ ever. But II 10 conceded that
~ struag an attempt was made To
bring them 70 square Issue as could
possibly BE- accomplished and that the