in existence when you bought your land. Therefore I do not think
you should complain when we exercise them, even though they may affect
you to some extent."
"I follow your argument," Dunne observed, "but the words 'sufficient
water for its own purposes' were never intended to mean that the
railway should take the whole river."
"What do you think they meant?"
"What any sensible man would think. You may take sufficient water to
run your trains, to fill your tanks, to use in any way in connection
with your business of transportation, and nobody will object to that;
but when you undertake to divert a whole river to irrigate lands in
order to sell them, you go too far. That is the business of a
real-estate company, and not of a railway company."
Cromwell York, who had obtained the unanimous opinions of three eminent
corporation counsel upon that very point, smiled tolerantly.
"You are not a lawyer, Mr. Dunne?"
"No."
"Nor am I. But I have had this clause passed upon, and I tell you that
we are quite within our rights. The charter covers the case completely,
according to the best legal opinion."
"But nobody thought of irrigation when this charter was granted,"
objected Dunne. "The land was supposed to be worthless. That was why
Prairie Southern got such a large land grant. You know that."
"That has nothing to do with the case. Let us stick to the point. What,
so far, have you to complain of?"
"This," said Dunne shortly. "You have a charter which you say entitles
you to all the water in the river. You are constructing ditches
sufficient to carry it all; you are constructing a dam to divert it
all; and you are selling land to an acreage which, if cultivated, will
require it all. You admit your intentions. When that dam is built and
those ditches are filled our ranches must go dry. It spells our ruin.
We are living on sufferance. And yet you ask us what we have to
complain of!"
"I need scarcely assure you," said York, "that unless and until we
require the water it will not be taken."
"Not nearly good enough," Dunne returned. "We can't work and improve
our ranches with that hanging over us. Such an assurance is of no
practical value."
"It is all I can give you."
Casey Dunne nodded as one who sees things turning out as he expected.
"Then naturally we shall be forced to fight you."
"As you like," said York indifferently. "You will lose, that's all. I
can't do any more for you. It is my duty to my
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