The daily sentinel., 1909-10-29

one L. Z. Henry, a we'll known Denver
promoter better known to the state
at large as a professional filler for
water right in the names of his fam
lily and friends, who permitted him
to manage and reap the advantage of
his priority. Henry through his ring
of water-grabbers had the prior fill
ing for Grand Valley-in all for some
1900 feet of water. The next prior
filing TO his was that of the Water
Users Association of the valley
don't lose sight of that: for Henry's
filing was only good for the number
of feet actually used. His filing was
in the interest of the Grand Mesas
Land, Canal and Power company. He
then opened negotiations with the
Magenheimers of Chicago, a bond
house. for the building of the ditch.
They formed the Orchard Construc-
tion company, and it at once became
play of diamond cut diamond be-
tween Henry's interests and the Mag
enheimers Whether he refused TO
sell his filing to them at a reason
able price or they refused to deed
him sufficient stock in the construc-
tion concern, the two fell out.
Anyway. the Magenheimers got
control of sufficient stock in Henry's
company to have the directors trans
fer Henry's water rights without any
purchase whatever. Henry at once
sued. The thing was settled out of
court, leaving Henry the richer by
some $4,000 for water rights which
were not worth a dime without
right of way over the land granted
by the Water Users. In fact, Henry's
I'M g.ft
mary features in the war over the
water hole of the West. One of his
filings had the line laid out in the
middle of the river fifty feet above
the surface of the water, a case either
of survey on paper or survey in air;
and some authorities hold that the
filing on which the Magenheimers
are hasing their claim to the Grand
Valley project is also faulty, tech
nically and legally. With 450 feet of
Henry's filing, the Magenheimers had
gone ahead with an irrigation ditch
for 10000 acres south of the river;
but the magnificent mesas of 54 900
acres on the other side were the grand
prize for which the corporation was
laying its plans.
1T will be noticed that up to this
u
section in Colorado-was merely
football between two exploiters.
very profitable football to one side,
considering that the registration fee
cost only 80, and prospectively a
thousandfold more profitable to he
other party ii it could get a cinch on
the Water Users, compelling them to
grant right of way for the ditch.
nf lTnl
ley had grown tired of waiting for
corporations to settle their quarrels
and they sent representatives to
Washington urging Secretary Garfield
to take some action. 1t was not only
a matter of exhausted patience. 1t
was matter of exhausted purse; for
on the government reserying Grand
Valley as a reclamation project in
1902, thousands of settlers had come
in under the Reclamation Act, and
the orchard lands in private owner
ship had made jump in value from
few dollars an acre to 500 and
$500 and even $500.
Secretary Garfield made two prop
ositions to the people: First, he
would restore all land to general en-
try, the government would step out
and private capital could go ahead
namely, the Mage1heimers; or, sec
ond, he would set aside $4,000 for
surveys and so ahead as a govern
ment project just as fast as the funds
came in. AT a mass-meeting in Grand
Valley. the people unanimously de-
cided for government as against cor
poration control Why?
Il. Under government control
there would be no Sc interest an acre
charge against the bonding of 800
an acre.
"2. The total government charge
might be as low as 81 an acre, and at
highest could not exceed $6. I'm
der corporation management the
pumping charges for lift to the high
levels would be Sc an acre for the
first life of 125 feet and more than
Sc for the next 100 feet
'3. When the people signed for
reclamation project, they granted
free right of way for the ditch across
their orchards on the lower level.
Under corporation management, this
right of way would add another half
million TO the cost.
"a. Under government control,
when the users would have paid the
charge of Sc per acre for ten years.
they would own their ditch. Under
corporation control, at the end of ten
years, they would have to begin and
pay off the bonds.
But funds were short for reclama-
tion projects, and Secretary Garfield
arranged with the Water Users if
they would raise S125,000, the gov
ernment would advance s125,000,
then the work could begin and be
carried on as funds came in from
other projects, settlers on the irri-
gated lands paying for their water
rights with work on the ditch, which
would reduce the cost and enable
work to proceed Immediately.
Engineers at once came on the
ground. Supplies had been bought,
contracts had been let, when Garfield
stepped out and Ballinger stepped in.
Immediately. telegram came
ordering all work stopped. Why?