THE IRRIGATION AGE. 



87 



poses, by the predecessor of the plaintiff. 

 The land, over which the ditch passed, 

 was afterwards taken up by the defendants 

 and the ditch was not used for some years. 

 The plaintiff then attempted to use it, but 

 the defendants refused to allow this on 

 the ground that it had been abandoned. 

 The plaintiff appealed to the law and the 

 Supreme Court decided that the plaintiff 

 had the right to use the ditch. Couched in 

 legal language the court's decision was as 

 follows, and will be an interesting prece- 

 dent: 



The plaintiff acquired an easement in 

 the lands of the defendant, not by adverse 

 uses, or by prescription, but by grant. 

 Section 2339, Revised Statues, United 

 States, vested in the predecessors of plain- 

 tiff the right of way for the ditch in ques- 

 tion when they accepted the offer of dona- 

 tion therein made by the Government in 

 said section constructing the said ditch. 



"Section 2340, Revised Statutes, United 

 States, which was in force at the time the 

 defendant acquired his said patent, made 

 the patent of defendant subject to plain- 

 tiff's right of way for said ditch, and. it is 

 immaterial whether the said patent re- 

 served this right to the plaintiff or not" 



Keep 

 them 

 Out. 



As a result of the recent trou- 

 ble between the game wardens 

 and the Indians at Lily Park, Colorado, 

 the Indians will probably be prohibited 

 from ever returning to Colorado. The In- 

 vestigating Commission whose duty it was 

 to look into the affair, decided that the 

 game wardens were quite justified in shoot- 

 ing the Indians, as it was in self-defense. 

 The cause of the trouble was as follows: 

 In the fall the Indians were warned not to 

 violate the Colorado game law, regarding 

 the hunting of deer. No passes were to be 

 given for hunting in the state. One sav- 

 age, however, obtained a pass for himself 

 and companion to hunt horses in Brown's 

 park, which is about thirty miles from Lily 

 Park. The next news the game wardens 

 received concerning them was to the effect 

 that about forty Indians were camped at 



the latter place hunting deer. The game 

 wardens, with a party of friends, started 

 for the camp with the intention of arguing 

 the matter peaceably with the chiefs. 

 After spending nearly four hours in talk, 

 the game warden made an attempt to have 

 the chief return with him, when a general 

 fight ensued, the squaws taking a promi- 

 nent part. Two Indians were killed and 

 several wounded and some of the whites 

 were badly hurt. The wardens were ex- 

 onerated as the savages were the first to 

 begin the attack. In order to protect the 

 settlers and assure them of safety it is 

 thought best to prevent the Indians re- 

 turning into the state. 



international President McKinley favors an 

 international dam as a remedy 

 for the disastrous overflows of the Bravo 

 river, which are so destructive to the lives 

 and property of the dwellers on the bound- 

 ary between Mexico and the United States. 

 In his message to Congress he spoke con- 

 cerning this question as follows: 



"The frontier towns, for 113 kilometers 

 down the river from Ciudad Juarez, have 

 sustained losses amounting to many mil- 

 lions of dollars, as well as considerable de- 

 population by reason of the frequent over- 

 flows of the Bravo river and the utilization 

 of its waters for irrigation purposes in 

 American territory, which has materially 

 curtailed its ordinary supply of water. In 

 order as far as possible, to remedy this 

 evil, it has been suggested to erect a great 

 international dam, and negotiations to that 

 end were opened by our minister at Wash- 

 ington. It is to be hoped that the gov- 

 ernment of the United States, overcoming 

 difficulties placed in its way by specula- 

 tors in that country, will be willing to 

 conclude a treaty with Mexico for the exe- 

 cution of that work, which is of vital im- 

 portance to the riparian population on both 

 sides of the river." 



In this issue we have an article on this 

 subject by a resident of El Paso, Texas in 

 which the merits of the international dam 

 are fully explained. 



