Order granting leave to file amended decree, October 5, 1903, filed October 5, 1903.1 In the District Court, Third Judicial District, Territory of New Mexico. UNITED STATES OF AMERICA, PLAINTIFF, v. RIO GRANDE DAM & IRRIGATION CO. ET al., defendants. ORDER. The petition of the United States of America, plaintiff in the above-entitled cause, having this day been filed, praying for the entry of a decree changing and modifying the decree heretofore entered in this cause, in certain respects, it is ordered, adjudged, and decreed that the decree hereto entered in this cause may be changed and modified so as to substitute in place thereof the act of Congress approved March 3, 1891, instead of the "Act of Congress approved March 3, 1901," as set out in said decree; and the petition of said motion is hereby granted that said decree may be entered nunc pro tunc. Associate Justice of the Supreme Court of New Mexico and Judge of the Third Judicial District thereof. Which said order is endorsed in words and figures following, to wit: "1243. In the District Court, Third Judicial District, Territory of New Mexico. United States of America v. The Rio Grande Dam & Irrigation Company et al. Order. Filed in my office Oct. 5, 1903. James P. Mitchell, clerk. Amended decree, October 5, 1903, filed October 5, 1903.2 In the District Court, Third Judicial District, Territory of New Mexico. UNITED STATES OF AMERICA, PLAINTIFF, v. RIO GRANDE DAM & IRRIGATION CO. ET AL., DEFENDANTS. DECREE. This cause coming on to be heard upon the motion of the United States by its United States attorney for the Territory of New Mexico, 1 [Extract from the record of the proceedings before the District Court for the Third Judicial District of New Mexico, October 5, 1903. See Transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 61.-Agent's note.] 2 [Extract from the record of the proceedings before the District Court, Third Judicial District, Territory of New Mexico. See transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 62.-Agent's note.] W. B. Childers, Esq., praying that the decree entered in this cause on the 21st day of May, A. D. 1903, may be modified and amended, and the court having granted leave for the filing of such petition and ordered that said decree may be modified and amended as prayed for, and it appearing to the court that a supplemental bill was filed herein, by its leave, on the seventh day of April, A. D. 1903, and that copies of the said supplemental bill were served more than thirty days past upon the attorneys of record of the defendants in said cause, and it further appearing from the certificate of the clerk of said court that no demurrer, answer, or other pleading has been filed to said supplemental bill by the defendants in said cause, and the court being fully informed in the premises, the court does find that the allegations of said supplemental bill are confessed and are true; and further especially finds that the articles of incorporation and the map, survey of the reservoir of the defendant corporation, the Rio Grande Dam & Irrigation Company, were filed with the Secretary of the Interior prior to the twenty-sixth day of June, A. D. 1897, and were prior to said date approved by the Secretary of the Interior; and it further finds that the said defendants have not completed its said reservoir or said ditch, or any section thereof, within five years after the location of the said reservoir and its said ditch line, or within five years after the approval of the same by the Secretary of the Interior; and the court further finds that five years since the filing and approval of the said articles of incorporation, proof of organization, maps, and surveys of the said reservoir and ditch line of the said defendants had long since lapsed prior to the filing of the said supplemental bill and that the defendants had not complied with the requirements of the act of Congress approved March 3, 1891, under which the same were filed, but has failed to construct or complete within the period of five years after the location of the said canal and reservoir any part or section of the same. Wherefore, it is ordered, adjudged, and decreed by the court that the rights of the said defendants, or either of them, to construct and complete the said reservoir and said ditch, or any part thereof, under and by virtue of the said Act of Congress of March 3, 1891, be, and the same are hereby, declared to be forfeited. It is further ordered, adjudged, and decreed by the court, by reason of the premises that an injunction be, and the same is hereby, granted against the said defendants, enjoining them from constructing, or attempting to construct, the said reservoir, or any part thereof, and that the same be made perpetual. It is further ordered, adjudged, and decreed by the court that the plaintiff have and recover from the said defendants its costs to be taxed, and that execution issue therefor. It is further ordered, adjudged, and decreed by the court that this amended and modified decree shall be entered nunc pro tunc as of the 21st day of May, A. D. 1903. FRANK W. PArker, Associate Justice of the Supreme Court of New Mexico Dated October 5th, A. D. 1903. Order overruling motion to open default, January 29, 1904, filed In the District Court, Third Judicial District, Territory UNITED STATES OF AMERICA, PLAINTIFF, RIO GRANDE DAM & IRRIGATION COMPANY ET AL., No. 1243. Defendants. ORDER. This cause coming on to be heard upon the motion of the defendants, the Rio Grande Dam & Irrigation Company and the Rio Grande Land & Irrigation Company, Limited, to vacate and set aside the order entered in this cause on the 7th day of April, A. D. 1903, at Las Cruces, Dona Ana County, N. Mex., granting to the plaintiff herein the privilege and right to file a supplemental bill of complaint in this cause and praying leave of the Court to oppose said motion for leave to file said supplemental bill of complaint and permit the defendants to have a hearing thereon, and that the order granting to the plaintiff herein the privilege and right to file said supplemental bill of complaint be vacated and set aside upon the ground that the court had no power to permit the plaintiff to file said supplemental bill of complaint and praying that the decree entered in this cause upon the default of the defendant in answering the said supplemental bill of complaint be vacated and set aside and declared to be of no effect and that the amended decree in this cause filed in this court on the 5th day of October, 1903, upon said plaintiff's application be vacated and set aside and held of no effect said decree having been granted upon defendants default to answer said supplemental bill of complaint and that the defendants herein should this court determine not to relieve said defendants from that default upon said motion of plaintiff to file said supple [Extract from the record of the proceedings before the District Court of the Third Judicial District of New Mexico, January 29, 1904. See transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 83.-Agent's note.] mental bill of complaint be permitted to come in and answer said bill of complaint and present their issues on the merits of said supplemental bill of complaint and to relieve the defendants from their default therein and that the defendants have such other and further relief as to this court may seem just and equitable. And the court having counsel for the plaintiff and defendants and being fully advised in the premises doth find that the motion for leave to file said supplemental bill of complaint was served upon the attorneys of record of the said defendants and that there was no irregularity in the filing of said supplemental bill of complaint, and that it has no power to set aside the decree entered upon said bill at this time upon said application, doth overrule said motion. FRANK W. PARKER, Judge. (Signed) Dated Santa Fe, N. Mex., January 29th, 1904. Which said order is endorsed in words and figures following, to wit: 66 No. 1243. Order allowing Supplemental Complaint. Filed in my office Jan. 29, 1904. James P. Mitchell, Clerk. "Recorded. Charged." Order granting an appeal to the Supreme Court of the Territory of New Mexico, February 25, 1904, filed March 8, 1904.1 In the District Court, Third Judicial District, Territory of New Mexico. No. 1243. UNITED STATES OF AMERICA, PLAINTIFF, v. RIO GRANDE DAM & IRRIGATION COMPANY ET AL., DEFENDANTS. ORDER. This cause coming on to be heard upon the application of the defendants for an appeal from the judgment and decree of this court to the Supreme Court of the Territory of New Mexico; It is ordered, by the court the said motion may be and the same is hereby granted, and that defendants be and they hereby are allowed an appeal from the judgment and decree of this court to the Supreme Court of the Territory of New Mexico. Done at Santa Fe, New Mexico, Feb. 25, 1904. 1 [Extract from the record of the proceedings before the District Court for the Third Judicial District of New Mexico, March 8, 1914. See Transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 84.-Agent's note.] 37973-23-6 Which said Motion and Order is endorsed in words and figures following, to wit: No. 1243. Territory of New Mexico. In the District Court, Third Judicial District. The United States of America v. Rio Grande Dam & Irrigation Company, et al Motion for Appeal to Supreme Court and Order allowing same. Recorded. Charged. Filed in my office Mar. 8, 1904. James P. Mitchell, clerk, by N. C. Flint, dep. Klock & Owen, attorneys for def'ts and appellants." PROCEEDINGS IN THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. Final decree affirming the judgment of the District Court, March 2, APPEAL FROM DISTRICT COURT, THIRD JUDICIAL DISTRICT. This cause having been argued by counsel and submitted to and taken under advisement by the court, upon a previous day of the present term, and the court being now sufficiently advised in the premises, announces its decision by Associate Justice McFie, Chief Justice Mills and Associate Justices Pope, Mann, and Abbott, concurring, affirming the judgment of the court below, for reasons stated in the opinion of the court on file. It is therefore considered and adjudged by the court that the judgment of the district court. in and for the Third Judicial District Court, whence this cause came into this court, be and the same hereby is affirmed, and that in accordance therewith it is therefore considered, ordered and adjudged by the court that the rights of the said defendants, or either of them to construct and complete the said reservoir and said ditch, or any part thereof, under and by virtue of said act of Congress of March 3, 1901, be and the same are hereby declared forfeited. It is further ordered, adjudged and decreed by the court by reason of the premises, that an injunction be, and the same is hereby granted against the said defendants, enjoining them from constructing or attempting to construct the said reservoir or any part thereof, and that the same be made perpetual. It is further ordered, adjudged and decreed by the court that the said plaintiff have and recover from the said defendants in error, its costs in this behalf expended, to be taxed for which let execution issue. 1 [Extract from the record of the proceedings before the Supreme Court of the Territory of New Mexico, March 2, 1906. See Transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 99.-Agent's note.] |