Los Angeles herald., 1892-08-24
YESTERDAY IN THE COURTS,
An Important Water Case Be-
fore Judge Van Dyke.
A Right of Way Case Concerning the
Santa Fe Company.
A Water Suit of Importance to Many
People = The Santa Fe's Santa
Monica Branch-New Suits.
Court Notes.

pending for some time in the superior
court, came to trial yesterday before
Judge Van Dyke, in department four,
1t was the case of A. Glassell, the Yer.
dugo Springs Water company and 9th.
ers against Teodoro Verdugo and 9th
ers. There are also ITO intervenors.
The trial will last several days, and 9
start was made yesterday in the taking
of testimony. The case is quite an in
teresting one, and involves extensive
water rights, as well as the homes al
most, OF large number of people al
Glendale. who believe themselves pos
sessed of legal right to certain amounts
of water from the Verdugo cafion.
1t seems that in November, 1871, in
an action for the allotment of lands in
the Rancho San Rafael, a judgment was
rendered by which there was an allot-
ment of the lands amongst large mum
Der of the claimants. BY the decree,
Teodoro and Catalina Verdugo were
awarded 2629 acres, which became the
Verdugo rancho. The allotment carried
with it the right to waters arising in
the cafion, which waters rise within an
enclosed tract. The Verdugos were, by
the decree, to have the exclusive right
to waters rising near the foot of the
spur running down from the Cuchillo
Francisco Maria mountains, east of the
road that passes up the Verdugo cafion,
and the other parties were to have the
waters west Of the road. The Verdugos
were also to turn all surplus waters,
after using reasonable amount, back
into the channel, and allow them to
flow west of the road.
There was no trouble about the water
until after 1887, when the Verdugo
Springs Water company was organized
to secure water rights in the yerdugo
ranch, the water TO be used upon the
lands OF @. E. Thorn, Judge E. M. Ross,
E. 7. Byra.n and B. F. Patterson. Since
that time various property owners sold
off small tracts, and town lots, with
water shares-in all, about 170 owners,
thus became interested in the Verdugo
caflon water. Quite number of these
sales were made in Glendale, which de-
pends on this water supply for irrigation
and domestic purposes.
The complaint alleges that since June,
1887, Teodore Verdugo and others have
diverted to their own use, on the YER
dugo ranch, portion of the water al
lotted to the plaintiffs, and subsequently
acquired by the intervenors. They al
lege that the Verdugos have, ever since
that time, prevented them from using
the waters to which they are entitled,
and have polluted the waters arising in
the enclosed tract by bathing in them
and washing clothes. They also allege
that Bing He, Chinaman, has main
tanned pigpen and stable in the field,
90 that the waters are polluted thereby,
and that they have denied the plaintiffs
access to their pipes and bitches for re-
pairs.
They ask for an injunction to restrain
the defendants from pursuing the course
they have followed, and the intervenora
ask for $4,000 damages to their prop
erty resulting from the lack of water to
irrigate their lands. The defendants
deny the allegations, and claim they
have only used the water to which they
are entitled. The trial is being very
stubbornly contested.
FIGHTING A RIGHT OF WAY.
The trial was begun before Judge Nc
Kinley and a jury, yesterday, of the
Santa Fe and Santa Monica Railway
company VS.. Mary E. Stoll ct al. There
are i've cases brought by the railroad
company, which are all consolidated
with the case on trial. The suits are
brought to condemn right of way
along Lucas avenue, in Santa Monica.
The company desires a strip fifteen feet
wide for right of way, and the defend
ants claim that it will damage their
property irremediably. The trial will
last two or three days. .!i
NOTES.
Judge Wade in department three yes
terday ordered a venire for seventy
term trial Jurors, returnable September
1st, the jurors to serve in departments
three and four.
Ambrose Leis, q native of Germany
was yesterday admitted to citizenship
by Judge Van Dyke.
VIM. Colon, q a'16-year-old incorrigible
was before Judge Mckinley yesterday,
for commitment to the Whittier reform
school, and the hearing was continued
until Saturday at the requestof his at
torney. .t
Judge CLARK granted divorce yester-
day to Mrs. May Jones from her hus
band, Edward b. Jones, ON the ground
OF failure to provide. The couple were
married in San Francisco some time
ago. u. sgsd i'iaa~g
NEW CASES.
Petitions for guardianship were filed
in the superior court yesterday to have
Laura T. Young appointed guardian OF
Harlow Gilbert and Charles A. Willard
Of Edgar III. Willard.
The Pasadena Improvement company
began suit against Lucy B. Colcord anc
Mary T. Mcclure, for the balance due
on land contract, praying the court K
ascertain the amount due, and tx
time for its payment.
Thomas Hughes began suit against J
e. Fulton, Margaret M. Fulton, :: J
Boyd and e. H. Boyd. He alleges thai
he obtained judgment against defend
ants for $14l0, and an execution wa
attempted to be taken on lands claine'