El Paso herald. (El Paso, Tex.) 1901-1931, 1918-12-18
State Irrigation LaU Knocked Out
ByH Paso Court Of Civil Appeals

II reversing and remanding the case
l OF c. K Mcknight VS.. Pecos &
Toyah Lake Irrigation company. in
Wednesdays proceedings. the eighth
court Of civil appeals holds that sec
lions los 70 rs OF the acts Of the s5th
Legislature. chapter IS. which confers
upon the board Of water engineers Of
the state the power to determine and
establish the relative rights Of the
various claimants TO the waters OF
streams and other sources OF supply
for irrigation purposes is unconstitu-
tionaL The act referred to is shown
as the revision Of irrigation laws. and
is copied after the Wyoming law. Ne
braska also copies the Wyoming law.
Both Nebraska and Wyoming have
upheld the provisions of the act con-
ferring such powers upon their
boards, holding that the power Of the
boards is quasi-judiciaL
The question is OF great public i'm
portance and its decision involves vast
interests, particularly IN west Texas
The effect Of the decision is to
throw such litigation back into the
The case was argued in this court
by attorney general elect c. NJ Cure
ton. The board Of water engineers Is
composed OF ". T. Potter. chairman.
g s Clark and .Jno- 4. Norris; James
H Qaurles is secretary.
j. r. Harper. z. r. Higgins and A.
NJ Walthall- are the justices OF the
court deciding the case. Other de-
eisions in this court Wednesday were.
Motions overruled-Geo. VI. Holmes
er uX. vs. H ". Long. from Il Paso.
appellee's motion for rehearing. Jose
Cobo vs. Petra Rodriguez. from FL
Faso, appellee's motion to postpone:
two weeks granted to file briefs.
Southwest Texas Oil and Gas company
VS. II. F. Boykin. from Terrell. appel
lees motion to certify.
Motions granted-8Irs. Anne ". Ben
ton. administrators vs.. E. C. Taylor.
from FL Paso. appellee's motion for
certiorari. Stewart & Threadgill vs.
El Paso Southwestern company ct
al. from FL PasO. appellants motion
Tor a rehearfng- John G. Burkett vs.
J. A. Chestnut, from Palo Pinto.
agreed motion to file patent and field
notes
Reversed and rendered-Abbie I. {.
BENJAMIN, ct a. vs. Ella ToungbIood.
from Reeves; c X Mcknight vs.. Pecos
and Toyah Lake Irrigation company ct
al from Reeves
Reversed and remanded-El Paso
Electric Railway company vs.. ". F.
Sauerenman. from Ell Paso: Stewart
& Threadgill vs. FL PasO & Southwest
ern company ct al. from FL Paso.
Submitted-L H Woodbury. ct al.
vs.. Southern Pacific company. from Fl
Paso: Arson Mills vs. Ada Mae Rob
inseu. from FL Paso; E: Paso Electric
Railway company VS.. Ruth Allen. from
Fl Paso: Jose Cobo VS. Petra Rodrl-
guez. from e. Paso: Chicago Rock
Island & Pacific Railway company vs..
Antonio Lopez. from FL Paso: T. "
Anderson vs. c. z. Lockhart. from
Gaines.
Set FOR Thursday. Jan. ?. 1878
Mexico North Western Railway com
pany vs. T. L. Williams. from FL Paso:
Edgar D. Brown VS.. c. NJ Mckinney
&c TX, from Il Paso: Southwestern
Portland Cement company VS.. Geo
o. Graves. from z: Paso: Western In
demnity company VS.. Margaret Mur-
ray. from FL Paso: FL Paso & Juarez
Traction company rs. James s Car
ruth. from Fl PssO; Southern Pacific
vs.. c. L Henderson. from FL
Paso-
=. Court took a recess until Jan. :.
1919.