The herald., 1897-02-07
A WAERY COMPLICATION
Defendants in a Big Suit
Fined for Contempt
ALAN|Z JURY'S CURIOUS VERDICT
Order Restraining the West Side
Lighting Company
FROM ERECTING POLES
Charles Sears Claims lie Found Bag
of Vaiuable Property
Old Man Rocha Saved From the Penitentiary
by His Family
The Brogden Family Troubles Aired In court.
A LandIady Who Can't Get Rid
of Her Tenant-Court
Notes
Charles Sears Claims tie Found Bag
of Valuable Property
Old Man Rocha Saved From the Penitentiary
by His Family

There was SlTpllS ar ds VI iSSeii e"'
ent in department two yesterday before
arguing on a motion in the important
and involved suit of the Nnieland lrrl-
cation district against the Azusa lrrl-
eating company and other defendants.
When the Vineland company eXpend-
ed from $4,000 to $50, 900 in building It's
tunnel to tap the waters of the san Ga
briel river, the Azusa company was ana
had been taking the surface flow The
latter saw fit to change the point whence
they had heretofore diverted the waters
of the river but in SO doing they pre-
vented the flow through the plaintiff'
tunnel. The Vineland company obtained
a temporary injunction restraining the
defendants from taking the waters of
the river at the new point of diversion
but as last summer was dry season,
they obtained a modification of the or
der The defendants were permitted 10
take the waters of the river and canyon
from the bed of the river from the de-
velopment tunnel, as it was known, and
carry it through their own tunnel, pipe
line and bitches to the lower system of
tunnels.
MEASURING THE WATER.
To ascertain the quantity of water nat
urally flowing out of the defendants
tunnel Z. 7. Wright and j. D. Schuy-
Ter, civil engineers. We're appointed to
investigate the matter and determine
from time to time to what extent the
waters naturally flowing out of plain
tiff's tunnel are diminished by the TAX
ing of the waters of the river from its
bed and carrying it through the Devel-
opment tunnel and pipe line. If it was
determined that the water flowing out
Of plaintiffs tunnel, was diminished,
then defendants were ordered to deliv-
er to plaintiff at it's ditch or iiume near
defendants diversion works such guam
tity of water from time to time as should
equal the diminution. Fred Eaton. a
civil engineer also, was appointed COM
missioner to pass upon matters in dis
pute, and his determination was to be
final.
These engineers found that the water
in plaintiffs tunnel was diminished to
the extent of 61.5 inches Of water; that
the fume to conduct the water from
the defendants conduit to the f1ume OF
the plaintiff was constructed as provid-
ed for in the order made. the water
turned into the flume, and for some time
the defendants did supply to the plain
I'LL district lNe water pTONlueu lOI
CUT DOWN THE SUPPLY.
But later the defendants had change
of heart and tore out a part of the con-
Meeting flume and refused to supply any
part of the water ordered by the ceurt.
A showing to that effect being made to
the court, an order was made providing
that the plaintiff might restore and re-
pair the f1ume. and requiring the de-
PENDANTS to supply the water as it had
heretofore been furnished.
In compliance with this order the
plaintiff did replace the flume, but upon
hearing of the motion for the enforce
ment of the order of court, Judge Van
Dyke stated that he was disqualified to
hear the motion and ordered the case
transferred to department five There
upon the defendants moved to set aside
the order made by him under which the
plaintiff had replaced the f1ume and
before action could be taken before an
other judge, and upon representations
made by defendants attorneys that they
would at once apply to the court for an
order setting aside the order of injunc-
ton, certain of the defendants shut off
the water from the plaintiffs f1ume
again, tore out and disconnected the
flume and refused to supply any water
to plaintiff.
DEFENDANTS IN CONTEMPT.
Yesterday Judge Campbell of San
Bernardino sat to hear the case Messrs
Works and Lee represented the plain
tiff district, and the law firm of Silent q
Campbell watched the interests of the
defendant company. The arguments
lasted the greater p~rt of the day f.
nally the court ruled that the defendants
were in contempt in having violated
the modified order of injunction and or
dered that the three offenders pay a fine
of $40 each; that they forthwith replace
the portion Of the flume torn out and
connect the same with the conduit Of the
defendants and continue to supply tn
e1.5 inches of water as provided in the
order of court.
The plaintiff district regards the ar
ton of the court somewhat in the ma
ture of triumph. for the reason that
II has contended from the first that if
the defendants We're permitted to divert
the waters of the river at the new point
nxed upon, the river he'd would silt up.
When the court ordered them to SUNNY
the 6l.o inches of water to plaintiff. and
pending the decision Of the suit permit.
ted the new point Of diversion to be used
the result was that the stream driec IN
ana until last October the water U1s
supplied TO the plaintiff through th,
conduit, When the defendants broke tho
connection and allowed the water to re-
sumo its natural flow in the river bed
the accumulated silt prevented the wa.
ter's flowing in plaintiffs tunnel.
THE ALANIz VERDICT