Okolona messenger. (Okolona, Miss.) 1900-current, 1907-06-19

court grants permission to einstate the action whenever
shall appear that through material increase OF the de-
peton Of the waters Of the Arkansas by Colorado, its
corporations citizens the substantial interests OF Kansas
are being injured to the exe of destroying the equitable
apporonment between the t states. resulting from the
flow Of the river.
The suit brought BY the United States Government as
nervenor also is dismissed without prejudice permitting
future action to preserve or improve the navga5Iy ol the
Arkansas river.
The decision which follows a hard legal fight extend
ing over six years. is important for two-lold reason is
the FIRST touching the vital question Of irrigation rights
as between sates and it lays down broad and
sense rule for the arbitration of all controversies between
individual states Probably before has the principle
that the rights Of one state are supreme long as they do
not contavene the equality Of right and equity between
sister states been so clearly and definitely stated.
1t obvious says the court that il the depletion OF
the waters Of the river by Colorado continues to increase
there viii come a time when Kansas many say there is no
longer equitable division OF benefits and may rghtEuy
call for relief against the action Of Colorado its corpora
tons and citizens apprOpratng the waters Of the Ar
kansas for irrigation purposes Here the court clearly
rules that state not appropriate the entire benefit
Of a waterway the INJURY Of another States rights are
paramount just so long they conflict with the
underlying moral principles which weld OF the
Union to another. just citizen enjoys complete
liberty freedom Of speech and thought and action long
the equity Of his elowcitzens disturbed the
rights Of the are bounded and confined BY the ma-
tons fixed by that natural equity which must exist between
the states.
The proposition has come up in less definite form lre-
quenty before but always with the Federal Government
as party to the controversy against which more
States held out for the original rights and jurisdiction Of
the Commonwealth In the Chicago Drainage Canal suit,
the issue raised was whether the waters Of the Missssip
pi we're polluted 10 derment Of the people Of Missouri,
through the sewrage Of the drainage canal No conten-
enon was made that Chicago had a right to pollute the
waters Of the Mississippi The question was one Of fact
simply and purely and the Supreme Court was salts
fed BY the evidence that the alleged pollution had taken
place.
In this, the Kansas Colorado suit the court comedies
the injury in these terms and with this qualification IL
cannot be denied in view Of al the testimony, that the
elimination OF the flow Of water in the river BY de irrga-
ton Of Colorado has worked some dement to the south
western part Of Kansas and yet when we compare the
amount Of this determent with the great benefit which has
obviously resulted to the counties in Colorado, i would
seem that equality Of right and equity between the two
States iorbds any Interference with the present with
drawal Of water in Colorado for purposes Of irrigation
/ The principle laid down is plain and irrelutable
Equality Of rights and equity between the States this
is the keynote Of the decision L viii doubtless from the
nnumerabe decisions to wherein the old, old con-
lroversy to the right Of the State shall be raised