The herald., 1897-04-10
TAKES WATER
Another Irrigation Suit Is
Looming Up
THE TIMES LIBEL SUIT
Opposing Council Daily With the
Courts Dignity
SUPREME COURT DECISIONS
G. BRANT CLAIMS DAMAGES FOR
MALICIOUS LIBEL
SUPREME COURT DECISIONS
G. BRANT CLAIMS DAMAGES FOR
MALICIOUS LIBEL
"Rev." G. n. Smith Discharged on
Habeas Corpus and Re-Arrested.
"Garling" Hotel Liens.
Court Notes

Tt almost seems as If there is fash-
Inn IN legal procedure. In such case
water right cases may be CONSIDERED
unite the vogue, for the courts are never
clear of them, and sometimes TWO or
three suits of similar characaer are
monopolizing attention at the same time'
Pomona case was filed yesterday
wherein H. H. Williams, c. K. VIII
,ams Gertrude. Henry and Oily M
RaiIey figure as the plaintiffs, and the
Palomares Irrigation company the ro-
mona Land and Water company and L.
Fleming are made defendants. Ihe SUIT
is brought to enjoin the Palomares com
nanv from digging trenches,laylns pipes
etc. and to annul contract
I,;ka most water suits, this one is
so,,,ewbat complicated. 1t appears that
IN August. 1885, the Williams enterea
into an agreement with the fomona
oonnanv. by the terms of which the
yv;lliams granted the right to develop
n,oter nv boring on the east fifteen acres
- ,o, 90 of the Loop & Meserve tract OF
tha Rancho San Jose. The company III
return for the concession promlseu "
AZ several things and, among Others 10
construct a reservoir on the hlteen
acre tract sufficient to contain I@'ooV
cubic feet of water, and into thls was -
aow one day in each week 213,O0o gallons
of water. ..
Tn August. 1886, this reservoir was
comnteted. and in fulfillment OF the con
siderations entering into the agreement
the Williams conveyed to the fo-
,nora company their title to the
,,,a+ar flowing out of San An
,onio canyon, the same being one
a.a seven-eighths inches. The value OF
.his water is placed at $4,000, and was
used for irrigating the fifteen acres Haoe
over TO the company. Permission was
s1so accorded to lay a cement pipe across
the end of the fifteen-acre tract
II ,s alleged that in 1889 the Pomona
.ar,nenv conveyed all rights obtained
from the williams to the Palomares
company but this is disputed py plain
tiffs they contending that certain es-
sential rights were not so translerreo' u
In the original agreement 1t was specliic-
allv mentioned that If certain wei
referred to ceased to flow the fo1hona
company was to be freed from all oph-
cations; if. on the other hand, the COM
many failed to kyep it clean and the
flow decreased to less than four inches OK
water then the plaintiffs could caIl the
bargain off.
Now, the we'll has ceased to now ana
the williams have been obliged to erect
a windmill in order to get water to IT.
rigate certain land, at cost OF $5oo' Ihe
Palomaree company in prosecuting lts
extensions threatens to tunnel ana cut
down the wells that may be bored 10
depth of twenty feet or more, IN oroer
to obtain a flow in the pipes that nave
been sunk. With this end IN view
contract has been made with Fleming
and he has entered the lands belonging
to the plaintiffs and has commenced TO
cut a trench as a preliminary to the
work.
1t is claimed by the plaintiffs that these
lands are all set out to fruits, and these
are threatened by reason of the contem-
plated action of the Palomares COM
pany.