with the great benefit which has obviously resulted to the counties. in Colorado, it would seem that equality of right and equity between the two states forbids any interference with the present withdrawal of water in Colorado for purposes of irrigation.

Summing up our conclusions, we are of the opinion that the contention of Colorado of two streams cannot be sustained; that the appropriation of the waters of the Arkansas by Colorado, for purposes of irrigation, has diminished the flow of water into the state of Kansas; that the result of that appropriation has been the reclamation of large areas in Colorado, transforming thousands of acres into fertile fields, and rendering possible their occupation and cultivation when otherwise they would have continued barren and unoccupied; that while the influence of such diminution has been of perceptible injury to portions of the Arkansas valley in Kansas, particularly those portions closest to the Colorado line, yet, to the great body of the valley it has worked little, if any, detriment, and regarding the interests of both states, and the right of each to receive benefit through irrigation and in any other manner from the waters of this stream, we are not satisfied that Kansas has made out a case entitling it to a decree. At the same time it is obvious that if the depletion of the waters of the river by Colorado continues to increase there will come a time when Kansas may justly say that there is no longer an equitable division of benefits, and may rightfully call for relief against the action of Colorado, its corporations and citizens, in appropriating the waters of the Arkansas for irrigation purposes.

The decree which, therefore, will be entered, will be one dismissing the petition of the intervener, without prejudice to the rights of the United States to take such action as it shall deem necessary to preserve or improve the navigability of the Arkansas river. The decree will also dismiss the bill of the state of Kansas as against all the defendants, without prejudice to the right of the plaintiff to institute new proceedings whenever it shall appear that, through a material increase in the depletion of the waters of the Arkansas by Colorado, its corporations or citizens, the substantial interests of Kansas are being injured to the extent of destroying the equitable apportionment of benefits between the two states resulting from the flow of the river. Each party will pay its own costs.

"DISTRICT ATTORNEY WARREN.”

BY L. W. HUMPHREYS, Chase.

In his senior year at college, Warren decided that he "would be a journalist." While a cub on the Memphis Times he called himself a "staff writer." Later he became a newspaper man,” but after a few years was content to be called merely a reporter, and then was assigned by his city editor to cover the state courts, then the federal courts, and finally became the "star man on courts in Memphis.

Before he had gained this reputation, most of Warren's early illusions concerning the life of a reporter had been dispelled, and after doing courts a few years he got off in a corner one day after seeing a couple of pettifoggers trying to conduct a trial, and said to himself, "Warren, if those fellows can earn a living practicing law, you can become a millionaire. If you can't do that, you will be your own boss, anyway, and if you get scooped, there will be no one but yourself to call you down." So he decided to study law,

continuing his reporting while doing so.

His experience in courts caused the Times to send Warren to cover the Tennessee legislature, where he acquired some valuable political experience. Though the state was Democratic, the Times was Republican, and Warren was a Republican too. In addition to this, a Republican had been elected district attorney in Memphis, on a reform ticket.

This district attorney, Arthur Collingwood, was a large pompous man, and a friend of Warren. He jammed the lid down tight, and sat on it, and became the idol of the reformists. Warren shared this admiration for Collingwood. When it began to be whispered that Collingwood was an opportunist, and that money would puncture the lid for favored individuals, Warren came to Collingwood's defense, and denounced the rumors as political twaddle.

He was admitted to the bar in the autumn, before Collingwood's term expired, and within a week was appointed one of Collingwood's deputies. The election was due the next June, and Warren became active in the campaign for his chief's reëlection.

Jimmy Harper, who did courts for the Globe, and was one of Warren's particular friends, met him on the street one day. “Let me tell you something, Warren," said Jimmy. "Your beloved Arthur is a grafter, and is using you for political purposes. He knows your ability in politics, and hopes that your honesty will get him votes. He needs you in the campaign, but after he has used you as much as he can, he will drop you. If you discover the true condition of affairs in Collingwood's office, you will resign. But he won't let you stay long enough to discover them. He will drop you

as soon as he is sure of election."

"Nonsense, Harper. It is impossible for one man to be as close to another as I have been to Collingwood, and not know it if he is crooked. I tell you he is square, and the best district attorney we have had here for years."

"Well, you'll see," replied Jimmy. "I have dug up some things at the court house that will keep Mr. Arthur mighty busy explaining when we spring them. The Globe is going to use the stuff just before election, and if we don't put a crimp in Arthur, I miss my guess."

Warren began his duties under Collingwood by prosecuting cases in the police court, and the campaign went merrily forward. One day in March a policeman reported to him that Mike O'Leary in the ninth ward had run a gambling table in his saloon all the day before, and that it would be easy to get the evidence from the gang that was in the saloon. Warren pricked up his ears. Here was a hole in Collingwood's lid. He issued warrants for O'Leary and his dealers, and sent out subpoenas for the men whose names the policeman had given him.

O'Leary rushed breathless into the office within an hour. Where was Collingwood? He was out. His chief deputy? No one in

but Warren and the stenographer.

"Oh, yes," said O'Leary, easily. "Are you the young man that issued this warrant?"

"Yes, I am," said Warren.

"Well, we must fix this up. Mike reached into his pocket.

Will fifty be enough?" And

Warren pulled himself together and thought, quick and hard. This man was trying to bribe him to drop the prosecution. Was Jimmy Harper right? Did Collingwood take graft? If he did, Collingwood would not believe Warren against O'Leary, who would deny the bribery if Warren attempted to expose him. He must

have proof. If Collingwood were honest, he needed the evidence to convict O'Leary anyway. There was the stenographer in the next Before O'Leary had withdrawn his hand from his pocket, Warren had framed his plan.

room.

Turning back to his desk, he picked up a handful of documents, and said over his shoulder carelessly: "I haven't time to talk with you now. I have to get out the record in this Murdock murder case. Come back in an hour and we will fix it up."

"Well if fifty isn't enough "That's all right.

to talk it over with you. the money."

"began O'Leary.

Fifty is plenty. Only I haven't time now
Be here in an hour from now, and bring

"All right, young man, I'll be here. You won't lose anything on Mike O'Leary."

Collingwood sat in his office later in the day talking to Jin Hogan, famous for the machine he had organized in Memphis. Hogan leaned forward, talking barely louder than a whisper.

"I'm afraid of that new man of yours-that fellow Warren," he said." He's too honest and too smart. He'll get on to things and knock the scheme higher'n a kite."

"Yes, he is honest," replied Collingwood.

"But he will never learn anything before the election, and then it will be too late." Collingwood laughed but was interrupted by the telephone bell. He reached over and picked up the instrument.

"Hello; yes, this is Collingwood."

"Well this is O'Leary. I'm down here in jail," came over the wire.

66

"You're in what!!"

In jail," O'Leary yelled.

there had me pinched."

"That fool Warren you've got down

"What for?" queried Collingwood.

"You come down here, and I'll tell you what for. Come right fool had my bail fixed at $1,000. Bring a

away.

That d

bondsman."

"Hogan is here. attorney, as he hung up the receiver.

I'll send him right down," said the district
Turning to Hogan he said:
Warren has O'Leary in jail.”

"Get down to the jail right away. "What for?" demanded Hogan.

"I don't know. O'Leary wouldn't tell me over the phone. Hurry up."

"Well, I'll be

swore Hogan, vanishing through the door. Collingwood swung back to his desk, after some while touched a button, and said to the boy who responded: "Tell Mr. Warren I want to see him."

Warren came at once. When he saw the black look on his chief's face, his lips settled together, with a queer little curve at the corners of his mouth.

"Why is Mr. O'Leary in jail, Warren?" asked Collingwood shortly. "Don't you know he is Hogan's partner, and that they can beat me for reëlection?"

"I don't know anything about that," said Warren quietly. "But I know that O'Leary violated the gambling law yesterday; and when I sent out a warrant for him, he came in and offered me $50 if I would not prosecute. I called an officer and had him

taken

O'Leary and Hogan burst into the room.

"That is a lie," yelled O'Leary. "I was just trying to arrange said I was trying to

for bail for my dealers, and this

bribe him and had me arrested."

"What does this mean?" thundered Collingwood.

66

'Warren,

I did not believe you would play cheap politics! You may go, sir. Let me have your resignation at once."

"Just a moment," said Warren. "I have not played cheap politics, and I will not go. Neither will I resign. You, Mr. Collingwood, shall resign instead, and you will also withdraw from the ticket.

"When O'Leary came back to my office, Officer Mahone and Miss Elkins sat behind a screen. Miss Elkins took shorthand notes on the conversation I had with O'Leary. She has typewritten it, and has just sworn to the transcript and its truth. I have read it to Mahone, and he will swear to its truth.

"Among other things, O'Leary said he would give me $50 to drop this case, and would see that I was on the inside in the future. I drew him on. He said he had been standing in up here for the past two years, and that in all that time he had never been proscuted, though he had gambled in his saloon whenever he liked.

"I have one of the several copies made by Miss Elkins in my hand. Do you care to hear it read? O'Leary already knows what is in it."

Collingwood sat at his desk, glaring at Warren.

O'Leary and

Hogan stood crestfallen, helpless when they saw Collingwood could do nothing.