OCR Text |
Show -low-about 600 inches of wator; Cloar Creok, flowing about SOO inches. That all of tho water of theso streams can bo made availablo f for use upon tho reservation, and that it was not the intention of tho Covcrnmont to resorvo any of the waters of tho Milk River or Its tributaries. That the respective claims of tho defendants to the waters of the riverrand its trlbutarier are prior and paramount to tho claims of tho United states and the Indians, exoept as to 250 inches used in and around the agenoy buildings, and at all times there has bcon sufficient wator flowing down the river to moro than supply these 259 inches. And it is again alleged that the waters of the river aro indispensable to defendants, are of the value of more than v100,000 to then, and that If they arc deprived of the waters "their lands will bo ruined, it will be necessary to abandon their homos, and they will be greatly and irreparably damaged, tho oxtont and amount of which damago cannot now be estimated, but will groatly exceed •'•f 100,000," and that they will bo wholly without remedy if the olaim of the Unitod States and the Indians be suttainod. Mr. Edward C. Pay und Mr. games A. Walsh for appellants. The decree is, in fact, separate and severable. It is not charged that tho defendants acted jointly. ..either one is responsible for the acts of tho othor. In so far as the record shows, the defaulting defendants arc not the owners of any lands and are not interested in this suit. Hancock v. Patrick, 119 U. 8. 156; Forgay v. Cpnrad, 6 How. 201; Gil- |