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Show _ _ 7~ That the individual defendants and the stockholders of tho Mnthcson Bitch Company and Cook's Irrigation Company woro qualified to "booomo uottlore upon tho publio land and to acquire titlo thereto undor the homostoad and dosort land laws of the United States. And that said corporations were organized and exist under the laws of Montana for the purpose of supplying to their said stockholders tho water of Milk Rivor and its tributaries, to be used by them in tho irrigation of thoir lands. That the defendant, tho Empiro Cattle Company, is a corporation undor the laws of Uontana, was logally entitled to purchase, and did purchase, from those who wore qualified to acquire them undor the desert and homestead land laws of the United States, lands on the Milk Rivor and its tributaries, and is now tho ownor and holder thoroof. That tho defendants, prior to tho fifth day of July, 1898, and before any appropriation, diversion or use of tho waters of the river or its tributaries was mado by tho United States or the Indians on tho Fort Bclimap Reservation, except a pumping plant of the capacity of about 250 minors' inches, without having notico of any claim mado by the United States or tho Indians that thoro was any reservation made oT the wators ibf tho rivor or its tributaries for use on said reservation, and bolicving that all tho waters on tho lands opon for oettlcmont as aforosaid wero subject to appropriation under tho laws of the Unitod States and the laws, decisions, rulings and customs |
