The daily sentinel., 1909-02-11

that the Orchard Mcsa case is
moving along pretty slowly in
Judge Whitford's court. II is
not likely that Secretary Gar
field, who has been subpoenaed,
will appear in the court but will
send II deposition.
Yesterdays Denver Republican has
this to say concerning the case:
One of the largest suits Gin amount
of money involyed) ever tried in the
district courts in this state is being
heard before Judge Greeley w. Whit
ford. 1t is the suit of George S. and
n. c. Henry of Denver against the
Grand Mesa Land company, formerly
the Woodland Land company of Chi
cago. rhe suit involves half a mil
lion of dollars. being brought to de-
termine the priority of claims to
certain water rights in the vicinity of
Grand Junction.
The trial was begun in earnest
Tuesday morning after several tech
nicalities in the pleadings had been
argued before the court. II is be-
lieved that several weeks will be re
quired for thorough airing of the
case. much of the time being taken
up by the pleadings and arguments
of the attorneys who comprise some
of the best known authorities on irri-
cation laws in the country.
Many years ago George S. Henry
took up water rights in the name of
his mother on the Grand river. near
Grand Junction. knowing that within
a comparatively few years they would
be very valuable. According to the
contention of the Henrys the mother
advanced the money and the title to
the rights is still in her name. The
flow they claim is 200 cubic feet
second. which is a gigantic flow
and means enough water to irrigate
hundreds of thousands of acres of
land in the Grand valley.
In more recent years, the Chicago
company was organized and in 1900
the Henrys sold this company a half
interest i'm the rights, taking their
pay in the stock of the company. I'm
der the state law. however, the peo-
pie of that district had banded to-
gether and formed an irrigation dis
trict taking the water for their pro-
ject from the Grand river. This was
prior to the sale of the half interest
to the Woodland Land company
To secure the water the citizens
made negotiations with the Chicago
planning TO secure a flow
of $50 cubic feet of water per sec
ond This amount. according TO the
facts set forth in the case. was sold
them by the directors of the Chicago
the Henrys claim without
regard to their interests.
On these grounds the Ilenrys are
asking an injunction restraining the
from carrying out its plan
and declaring the sale of the rights
null and void as the Henrys rights
We're not regarded in the sale.
In commenting on the case the
Denver Times says in part:
About year ago the Chicago com
pany became interested in the de
of the rights. The Henrys
transferred to the Woodland. concern
one-half of their rights in exchange
for stock in the company. 1t was the
intention TO construct A canal and
the Woodland company offered to
sell part of the Henrys' water rights.
C.. C. Magenheimer. president of
he Chicago company. ii is said. want
I'd all the profits Then began bick-
erings back and forth. in which the
Woodland officers claimed the
IIenrys were indebted to them The
Woodland company, il is charged, ap-
piled for right of way for The canal
over the government land and sign
I'd over to the secretary OF the inter
lor one-half the stock in the Wood
land company. The Henrys viii
never be able to use their rights, II is
said. because the reclamation service.
with its own plans, viii block any
effort of the Henrys to use the water.