Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-03-27
C0AD HEARING TAKEN UP
State Board of Irrigation Begins on
Water Right Controversy.
KoUNTzEs REAL MEN IN CASE
Attorneys Inclined 10 Dosbt Juris-
diction of Hoard, hut Consent to
Hearins-AIicEe Game OF
Freexeout Played.
lF'rom q statt corresponden.. J

LINCOLN. March 2s.--(Special Tele-
sraml-The State Board OF Irrigation
and Drainage this afternoon took up the
protest OF William coad against the
water right filing Of Charles Ross. and
there Is every Indication this is the open
ing OF the long and bitter contest for the
rights TO water OF the Platte. Loup and
Elkhorn rivers. which will be expensive
and delay for long time the working
out of power plans unless compromise
and sales Of rights and claims unrayel
the tangle.
At the outset the name OF Kountze
Bros of New York was substituted for
that of Coad In the protest, as Il was
made known that they were the real
parties at interest. Kountze Bros. were
represented by /. N. Congdon and Myron
l.. Learned Of Omaha and Ross and as
sociates by Judge Post OF Columbus and
Edison Rich OF Omaha. thought the latter
was not present today. The board which
is hearing the protest Is composed OF
Governor Aldrich. who presides; Attorney
General Martin and Land Commissioner
Cowles.
Freexeout Alleged.
In making their opening statements
attorneys were careful to say that they
did not consider the board had full
judicial authority to hear and determ-
inc the issues involved. their attitude
plainly indicated this was Just a pre-
hmInary sklrmish. One party TO the
hearing. the Kountse's, intimated broadly
that Ross was trying to hold them up
through the medium of claim which
was not valid and Ross on the other
hand sets out that the Kountze's are
trying to play a grab and freezeout
game. Judge Post, In his statement
sad that more work would have been
done on the Ross project except that
up to the last few months II was i'm
possible to interest capital in such
project but that now 1t would be pro-
cured.
Losier ON stand.
Robert T. Losier Of New York was
the principal witness OF the afternoon
He detailed how his principals, the
Kountze Brothers, had been interested
in the project and the efforts he had
made to purchase the rights of Mr..
Ross. in spite, he said Of the fact they
did not think he had any. but rather
TO avoid litigation and delay. These
led up to an agreement to pay g,5O
for an option on IS per cent OF the
stock Of the company. the full purchase
price to be $1,000 and how the deal fell
He testified that. being sd-
vised the Ross filing had lapsed, Coad
made practically a duplicate of the
Ross filing in behalf Of Kountze Broth
ers. Judge Post in his cross examIna-
tion sought TO show that the witness
had acted in bad faith in dealing with
work on Ross Claims.
Charles X. Carter was put ON TO show
how much work had been done to protect
The Ross claims. All that had been done,
/ is alleged, was near Carter's place in
sarpy county and that Carter himself
mad done most Of 1t. which consisted Of
grading along the route Of the proposed
ANAL. 1t was shown that this work
amounted to about 5000.
Frank B. Moltby. chief engineer OF the
kountz brothers. said the project would
INVOLVE an expenditure Of s2.5oo.ooe and
o prosecute 1t practically and profitably
money should be expended at the rate OF |
i1o0.OOe per month.
Il was also brought out that the |
[ountze brothers had an option ON the
Continued on Fourth Page.)