Omaha daily bee., 1912-04-04
Nebraska
BIG LEGAL BATTLE PROMISED
Irrigation Controversy Hinges on
Rights Of Kearney Company.
MANY COMPANIES REPRESENTED
Hearing Postponed Untu Ma In
Order to Give All Parties OpporA
tunity to he Represented-
Work ON Monument.
(FrOm a sian Correspondent

VII II HtdlA
LINCOLN. Neb., April s--(Special
Telegren.l-The hearing of the applica-
ton OF the Kearney Light and Power
company to have its rights to use the
wate= C the Platte river adjudicated
today brought great array OF legal
talent to the rooms Of the State Board
OF Irrigation.
After considerable discussion it was
decided to postpone the taking of testi-
mony until a date to be set between
May and Is. The case involves vitality
irrigation projects on-the Platte river for
IL the right of the Kearney company to
priority to 800 feet of water per second
is upheld. there will be no water In the
river during the dry months to be used
for irrigation further up the stream.
The kfarney company has not submitted
its right heretofore to the board. having
made its Improvement in 1852, the irriga-
ton Law being passed in 1889. amended in
l>9j and again I'm 1911.
Vital Amendment.
1t Is this latter amendment which the
kesrney company asserts gave the board
its first Jurisdiction over Il. They are
hasing their calm on prior use Of the
water. The first OF the irrigation filings.
the North Platte ditch. was made in 1854.
The interests involved are so large that
this. evidently is the beginning of long
and complicated litigation which is ex-
pected to 20 to the court of last resort.
There are about 600 companies and priv
ate water rights dependent upon the
decision OF this case and the following
comprising the larger users, entered an
appearance today TO combat the claims
" the keIrney company:
Tri S;ate and Farmers Mutual COM
psh%, Meeker Ditch company; Keith and
Lincoln Counties Irrigation District,
lilae Greek Irrigation District and Platte
Valley Irrigation District, Belmont Canal
and Power company, Chimney Rock IT.
tsation company. Nine Mile Irrigation
conpany, Alliance Irrigation company,
Browns Creek Irrigation company. Curt
louise Rock Irrigation company. Mutual
Ditch company, Last Chance Ditch COM
pahy, Logan Canal company, f. :.
frldler Ditch company, Gering Irriga-
tion District, and Mitchell Irrigation
District
Central Irrigation district Steamboat
Ditch company, Castle Rock Irrigation
company. Enterprise Irrigation district.
Winters Creek Irrigation company. Nina
tare Mutual Canal company, Fitzpatrick
Bros. Western Land and Cattle COM
pany. Overland canal. Midland canal.
Signal Bluff canal. Paisley Irrigation dis
triet. West Side ditch. Alfalfa Irrigation
district. suburban Irrigation district,
Birdwood Irrigation district, Union Irri-
cation company.
The United Staes reclamation Service
was represented by United States Attor-
ney Lane.
Work on Monument.
Work win be commenced in the morn
Ing on the foundation for the facade
which is to be portion Of the Lincoln
monument on the capitol grounds. The
structure will be .tyenty-one by seventy
two feet, the monument standing in the
center.
The Farmers and Merchants bank of
Exeter has been authorized TO commence
business with $1,000 paid up capital
stock. The incorporators are J. V. lisa
belle and Frank Ainsworth. W. S. Wig
gins. s F. Nunemaker and wiz Jensen.
Cooper & Cole have purchased the old
DN'iNo N'eaheiS NpihPahS BUSINESS al
Seventh and p streets; consideration,
sse.o0o
Windy" Pierce, the eolored man who
on December 81 shot and seriously
wounded Policeman Jerome Easely. has
been arrested at Alliance and will be re-
:urned TO Lincoln for trial.
Davis VALVES Hearing.
Tom Davis, the convict who killed a
fellow convict, John Strong. at the peni-
Tertiary last Thursday. has waived pre-