Red Lodge daily news combined with Carbon County news., 1933-07-19

SidiiAbSio III oiiiih6o iiidNys
shortly after the reception of a
written resignation from Mr.. Dur
land. Upon posting of $500 bond,
Mr.. Chrysler was to assume all
powers of arbitration in regard to
Carbon county water, subject to
the perennial case of the Granite
Ditch Co. VS.. William Anderson
and others. Mr.. Oliver was named
as a deputy to assist Mr.. Chrysler,
by virtue of his knowledge of the
county ditch system.
The court also received Mr..
divers resignation as commits
sioner on the Dutton ditch, be-
tween Rockville and Joliet, Mr..
Oliver remarking that II can't
handle that job without trading
my bed for a flashlight." Charles
Chilcott was appointed Dutton
commissioner.
Alfred Sigg holds his place as
commissioner on the Carbonate
ditch between Boyd and Roberts.
Wednesday, Sigg's discharge was
requested by Lula j. Boyd, Amy
d. Plat, Lannie Boyd and Homer
Hughes, who claimed that his SER
vices were no longer required since
all the water Whereabouts was lat
err than '95, and had been shut off.
Friday, the court received a petit
ton from Nels Severson, Lewis
Hetland, Elmer McVey and H. F.
Corbett, representing more than
10 per cent of the Carbonate
water users, asking for Sigg's
services. The former order was
revoked and he was reappointed.
Three orders were issued by the
court Wednesday to ease disputes,
one arising over distribution Of
Rock creek water, and over rights
the Draper-Pryde ditch.
A petition filed by the Draper
brothers, the Rock Greek & Clear
Creek Ditch company, and the
Pleasant Valley Canal company
asked that a civil engineer be APP
pointed in place of Mr.. Oliver,
who, it was said, was acting in
good faith but without the neces-
sary technical knowledge. 1t was
claimed that users on upper Rock
creek were denied their 1894 and
'95 rights, while users below Joliet
were allowed to run rights as late
as 1897, that an excess Of approx
imately 5000 miners inches was
flowing to rights below Joliet. An
other complaint was that the
bitches were not equipped with
suitable measuring boxes.
The petition resulted in appoint
ment of Mr.. Durland. Judge
also ordered that the prop
er measuring boxes be built and
installed, at places and in manners
satisfactory to the commissioner.
Cost Of the boxes, to be built of
lumber or concrete, is to be stood
by the users, and the boxes must
be in place by June /, 1884.
The third order was issued in re-
gard to the dispute between the
Draper brothers and Matt Karhu,
who both claimed undecreed rights
on the Draper-Pryde ditch. Judge
Stong's ruling was that no person
who was a party to the action
Granite Ditch against William
Anderson, by which rights were
decreed in 1901, can claim unde-
creed rights that will be recog-
nized by the court. An undecreed
right prior to the filing of that,
case, asserted by persons who
were not parties to the suit, may
be recognized if the court can be-
satisfied as to when the water was
first used and other details.
Orders of the court, which used
the name of Mr.. Durland as COM
missioner, will stand as issued,
with Mr.. Chrysler's name to be in
serted at those points, according
to Judge Stong's order of appoint
ment.