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THIRD TRIAL OF THE CASE.

MANDATES.

Mandate of the Supreme Court of the United States to the Supreme Court of the Territory of New Mexico. April 3, 1902, filed April 24, 1902.

UNITED STATES OF AMERICA, 88:

The President of the United States of America to the Honorable Judges of the Supreme Court of the Territory of New Mexico, Greeting:

[SEAL.]

Whereas lately in the Supreme Court of the Territory of New Mexico, before you or some of you, in a cause between The United States of America, appellant, and the Rio Grande Dam & Irrigation Company et al., appellees, No. 879, wherein the decree of the said Supreme Court entered in said cause on the 24th day of August, A. D. 1900, in the following words, viz:

"This cause having been argued by counsel and submitted to and taken under advisement by the court upon a former day of the present term, and the court being now sufficiently advised in the premises, announces its decision by Chief Justice Mills, Associate Justices McFie and Crumpacker 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, whence this cause came into this court, be, and the same hereby is. affirmed, and that, in accordance therewith, it is considered, adjudged, and decreed by the court that the bill of complaint of the appellants herein, be, and the same hereby is, dismissed. It is further ordered, adjudged and decreed by the court that the appellees do have and recover of and from the appellant their costs in this behalf expended, in this court as well as in the court below to be taxed, and it is so ordered."

as by the inspection of the transcript of record of the said Supreme Court, which was brought into the Supreme Court of the United States by virtue of an appeal agreeably to the act of Congress in said case made and provided, fully and at large appears; and

Whereas in the present term of October, in the year of Our Lord one thousand nine hundred and one, the said cause came on to be

[Extract from the record of the proceedings before the Supreme Court of the Territory of New Mexico, April 24, 1902. See Transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 94.-Agent's note.]

71

heard before the said Supreme Court, on the said transcript of record, and was argued by counsel:

On consideration whereof, it is now here ordered, adjudged, and decreed by this court that the decree of the said Supreme Court in this cause be, and the same is hereby reversed.

And it is further ordered that this cause be, and the same hereby is remanded to the said Supreme Court with directions to reverse the decree of the District Court and to remand the cause to that court with directions to grant leave to both sides to adduce further evidence. March 3, 1902.

You, therefore, are hereby commanded that such further proceedings be had in said cause, in conformity with the opinion and decree of this court as according to right and justice, and the laws of the United States ought to be had, the said appeal notwithstanding.

Witness the Hon. Melville W. Fuller, Chief Justice of the United States, the third day of April, in the year of our Lord one thousand nine hundred and two.

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Clerk of the Supreme Court of the United States.

Which said mandate was and is endorsed as follows, viz:

"No 879. Supreme Court of the United States, No. 239, October Term, 1901. The United States v. The Rio Grande Dam & Irrigation Co. et al. Mandate. Filed in my office this April 24, 1902. Jose D. Sena, Clerk."

Mandate of the Supreme Court of the Territory of New Mexico to the District Court of the Third Judicial District of the Territory of New Mexico, April 28, 1902, filed April 30, 1902.1

The Territory of New Mexico to the District Court, sitting within and for the Third Judicial District of the Territory of New Mexico, Greeting:

Whereas in a certain cause lately pending before you, wherein the United States of America was plaintiff and the Rio Grande Dam & Irrigation Company et als. were defendants, numbered 1243, in said District Court, by your consideration in that behalf, judgment was entered against said plaintiff; and

Whereas the said cause and judgment were afterwards brought into our Supreme Court for review, by appeal, whereupon such proceedings were had in said Supreme Court affirming the judgment of the Court below, and

[Extract from the record of the proceedings before the District Court of the Third Judicial District of New Mexico, April 30, 1902. See Transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 49.-Agent's note.]

Whereas the said cause and judgment, so affirmed, were afterwards removed to the Supreme Court of the United States, by appeal, wherein by the consideration of the said Supreme Court of the United States, such proceedings were had at the present October term, in the year of Our Lord, 1901, whereby the said Supreme Court of the United States, reversed the judgment of our Supreme Court and ordered this cause to be remanded to our Supreme Court, in the following language, viz: "And be it further ordered by this Court that this cause be, and the same is hereby, remanded to the said Supreme Court with directions to reverse the decree of the District Court and to remand the cause to that court with directions to grant leave to both sides to adduce further evidence, March 3, 1902," and the said mandate of the Supreme Court of the United States, having been duly filed with the Clerk of this Court and having been brought to our attention,

Now, Therefore, You are hereby commanded to reinstate said. cause upon your docket and grant leave to both sides to adduce further evidence, and otherwise to proceed in accordance with the said Mandate of the Supreme Court of the United States.

Witness, The Honorable William J. Mills, Chief Justice of the Supreme Court of the Territory of New Mexico, this the 28th day of April, A. D. 1902.

[SEAL.]

JOSE D. SENA, Clerk.

Which Mandate is endorsed in words and figures following, to-wit: "1243. No. 879. In the Supreme Court of the Territory of New Mexico. January Term, A. D. 1903. The United States of America, Appellant, v. The Rio Grande Dam & Irrigation Company et al., Appellees. Mandate. Filed in my office Apr. 30, 1902. James P. Mitchell, Clerk.”

PROCEEDINGS IN THE DISTRICT COURT.

Order denying petition of intervention of Territory, January 22, 1903, filed January 22, 1903.1

In the District Court of the Third Judicial District of the Territory of New Mexico.

THE UNITED STATES OF AMERICA, PLAINTIFF,

v.

THE RIO GRANDE DAM & IRRIGATION COM

pany et al., defendants.

PETITION OF THE TERRITORY TO INTERVENE.

This cause coming on to be heard on the application of the Territory of New Mexico to intervene therein, The Territory being repre

1 [Extract from the record of the proceedings before the District Court, Third Judicial District, Territory of New Mexico, January 22, 1903. See transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 53.—Agent's note.]

sented by its Solicitor General, Edward L. Bartlett, Esq., and the plaintiff by its United States Attorney, William B. Childers, Esq. The court being fully advised in the premises, doth order, adjudge, and decree that the said petition of the Territory be and the same hereby is denied. To which the said petitioner then and there excepted. F. W. PARKER, Judge.

(Signed)

Done at Santa Fe, New Mexico, while in attendance on the Supreme Court, this 22nd day of January, A. D. 1903.

Order granting leave to file supplemental complaint, April 7, 1903.1 No. 1243.

UNITED STATES OF AMERICA

v.

THE RIO GRANDE DAM & IRRI

GATION COMPANY ET AL.

CIVIL.

Now comes the plaintiff in the above entitled cause and moves the court to file a supplemental bill of complaint in said cause; and the said supplemental complaint having been presented to the court, the said motion is sustained, and leave granted accordingly. Read and approved in open court.

(Signed)

FRANK W. PARKER, Associate Justice, Judge, etc.

Decree allowing injunction, May 21, 1903, filed May 21, 1903.2

In the District Court, Third Judicial District, Territory of New Mexico.

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This cause coming on to be heard upon the motion of the plaintiff, by United States Attorney W. B. Childers, Esq., and it appearing

1 [Extract from the record of the proceedings before the District Court for the Third Judicial District of New Mexico, April 7, 1903. See transcript of record before the Supreme Court of the United States, October Term, 1909, No. 49, page 54.-Agent's note.]

* [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 59.-Agent's note.]

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 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 the 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 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, 1901, 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 so 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, 1901, 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.

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Associate Justice Supreme Court of New Mexico and
Judge of the Third Judicial District thereof.

Dated May 21st, A. D. 1903.

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