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Correspondence, Levi Syphus to Sadie George

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Creator

Creator: Syphus, Levi

Date

1917-05-14

Description

This folder is from the "Correspondence" file of the Sadie and Hampton George Papers (MS-00434)

Digital ID

man000310
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Citation

man000310. Sadie and Hampton George Papers, 1874-1944. MS-00434. Special Collections and Archives, University Libraries, University of Nevada, Las Vegas. Las Vegas, Nevada. http://n2t.net/ark:/62930/d1xw48762

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Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

Language

English

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application/pdf

StThomas,Nevada,Apr.2Pth,1P1P Mrs ^aide B.George Los Angeles,ual* Dear Madam:- | ^ You no doup^recelved my wire notifying vou of settlement of law suite,and asking you for authority to act for you In closing the matter. Your right to water f o r ’your land to the extent it has been cultivated or irrigated,will,in the settlement,which has been agreed to by all parties on the stream,be recognized, providing you care now to come into the case under such stipulations.The reason you were not made a party to the suite,by the plaintiffs,and heavy expence run up against you was because 1 assured them,that when a settlement could be reached,either in or out of court,you would become a nartv to it by stipulation,providing you were recognized as havling a water right for the land you had under cultivation,or that had been cultivated or or/higated ,If I remember correctley Tanner findes it to be about 3 acres,but will finde out the exact acerage from him to day. 1 Sesire authority from you to employ Judge Brown,our, attorney,to act for you in careing for your rights in the settlement,without cost,excepting filing fees recording fees etc,which will be about $5 and which you can later remit to me.If you care to do this,your rights will be protected under the judgement,Otherwise,you will have to bring a seperate suite to get them.Unless another adjudication of thestream is had by the State Engineer,When vou could of course file your claim,but the same would then be subject to attact,by other users on the stream,and you would eaven then have a lot of expencf^un up against you before the protest heareings were over.The rurposrf of haveing another adjudication by the State Engineer,after the judgement Is had before the court,is this.,The Governement,Claims the right to take water from the stream for about 400 acres more land for the indians,on the reservation,We donfKwant the expence in fighting the Governement in this matter and by all comminj^into the present case,their status is fixed as between themselves and the State.The state will recognize the rights as recited in the judgement,And under the attmpt to a.<mudicate,will fifeht the Government on the stream.Which »vill be a very great advantage to the water owners.Under the settlemet had all parties to it agrees not to fi.<rht the claims of each other,as recognized in the settlement, when the engineer adjudicatj&u-If you come into the deal,vou will be free from this menace.But if you dont,I know + here are those who are going to protest your claim at the time of adjudication.If you want to get off without expence and have your rights protected,now is your chance.In that event you must,By noon jf,Tuseday next,either wire Judge Brown Power of attorney,or authorize me as your agent,to so employ him for bringing you into the case as above. I ask you to see Toland.For the reason,that McNamee was going to L0s Angeles,and promised me he would call Toland on the phone,and explain the whole situation to him,and the judge could then advise you whether or not the deal was square. We are paying Brown $50 per day and want this expence fcstoped, so you must get your authorization to me in Las Vegas,by Boon Tuseday Next.or the 22nd inst. Hope you will be able to read this hurried scribble.For I am on the run to get back to Vegas.And have been ill for the past week,and am trying to keep going untill this matter is closed..Hurriflley yours jevx bypiius ! t'fhouias >Kevad East Eeasing^ph‘Road Los Angele I ail riia*. StThomas . Nevada, \r>r. >n i ' '1019 Mr$ Sadie E.George Los Angeles,Gal. i>ear Jh.adam:- An the matter of vour water right,Will sav^^at, for the P urpose of closeing the water suite,It became necessary to make vnu a party defendant in the action,and as Judge Brown was representing the plaintiff,! arranged,without cost in the way of attorneys tees, to have attorneys for the defendants,Messer^s McNamee and McNamee rpnrese^t you,by waiveing answer to the complaint,thereby permitting the judg­ement, as per stipulations to be entered, I*, which judgement vour are awarded Twenty one Sevten Hundredths of a second foot of water,subject to cumulation under the direction of the State Engineer and water co— r.imissionepor in other words,under a duty of seventy acres of land to one second foot of water,your are awarded a water right for Two and One Tenths Acres of land,which is made equal,as to priori tv,with all of the other rights 6n the stream,and can be cumulated and delivered in time periods,in large heads for use in irrigation,That is I mean M delivered to the bead of your ditch,and you can get it for use,provlding you can succeed ip 'getting th'e ihdians to let it /fl-ditch to your land.i - pass through their Probabley you will n6t like, Mc^annis to have represented you,but it was the only way out,without bireihgan attorney,and the,result would have been the sa^nq in qny eye'nt,i had supposed the cultivated acergge was near three acres,but found from Tanners survey,it was 2 ,l/l0 acres. The State Engineer1will'mpke,ah adjudication of the entire stream, under the present 'law, which i has been held sound by both the fiupream Court of the t>ta,tq and also iby the Federal Court,Under this ad judication he will send you, p blp-pk proof of water right which vou will fil 1. iiut as per your claim as awarded under the judgement,and the same wilt not be protested',Unless by ihe ,Indians or the Federal Government.. . The purpose of 'thfs ad judipa,tpon is, to fullv close the s^rearijSirifl force the issue with tthe Government,on the part of the Indians,as 60 the rights it is, qlaipiing fqr<itlh^m,a(nd shape it so that the right can be carried on by^ the state, tjhPou^h the State Engineers office,in.^*i?ba]f of theranefters on the stream,without cost to them.The Governerrint grants to take vwater for about' 600 acres more land for t.heindians, wbi eb will badley crippley every One if itjsr" succeeds.. Now about your water right. If &&&&& you take over the land frpm The Indians, 1 dont believe von w-i 11 _t,i , u °tate Engineer (over) For the Indian agent has1been directed hv the deportment to isnore the State Engineer and v«ra ter commissi oner, and to submit to no regulation on behalf of the Indians.Itr Perkins who rurchased the richet'ranch on the opposit side of the valley,and below the indian reservatioia,and which ranch is served through and indian ditch the same as vours , has great difficulty- ip ^etti|hg eiibugh water to do any thing wifh. I ||f| ’€ r f 'lV h 'J V i-h p A • JJ^ v S* f t I; £ f! O i J U V t ** A ' Tolanii can best advise you as to dispoSeSsing the indian,and . again renting them the land,I cant ytdyise you just what you should do in* the matter.But possibley,now i that the court has recognized vour water right : it might be,' advisable foh you to take abtion in tbe matter.At least so within a{ fjour, year period from the date of the .judgement, Just hew long it''will be bdfppe (the controversy with the government is settled i cannot 'say.But it is yhe intention of (the State ^n^iheer to push, the matter ias rapidley as possibie^And it iiirht possibley be better tojri let thte ^xiapter rest1 as ' it is until 1 it is cl osed.However Toland can advise yoilwhat to do to protect yhiid iiPerest. tour .bill,of bests,in fbiy of everything is ^5 Has TruetiAfche prospective salt magnet vet been to see vou. Excuse useing both sides of paper as it is all I have* Very truly yours / WSSiSSB 6~° / • 1 S SI 7 P0 H - J&d( # *~?1 r rP I SADIE B. GEORGE Memorandum of description of property included in statement of taxable property within Clar& County, Nevada, for the fiscal year 1916. Lot Number 5 in N S | Sec. 1, T. 15 S. R 65 E.-10.75 acres Valuation: Your valuation for taxes last year is satis­factory. B I of N. E. -i Section 14, T. 16 S. R. 55 E. - 80 acres; Your valuation for taxes last year is satisfactory. (A l/8 possessory interest in Kaolin and Magnesite Placer Mining Claims situate near St. Thomas, will be returned for taxes by Levi Syphus, my co-locator thereof). March 11, 1916