The herald., 1898-10-09
PfRRlS' PLEA OBTAINS
THE IRRIGATION DISTRICT Is
NOW oUTLAwED
JUDGE MOVES DECISION
Land Owners in the Valley Are Jubi-
liant at Having Saved
. Their Homes

RIVERSIDE, Oct. $50 far as the
superior court of this county is con-
cerned, the PERKS irrigation district Is
no more, for Judge Noyes handed down
a decision today which says that the dis
trict was illegally organized in the f1rst
place, and therefore all steps taken there
after, including the issuance of bonds
were Illegal The court holds that the
proper notice of the intention Of the
board to form the district was not given
by the board in the first place, and there
fore concludes that. the notice that was
given was not sufficient to invest the
board with Jurisdiction to organize OF
to conduct any proceedings for the or
Eanization of the district; that the de-
cree of confirmation is Intellectual for
the purpose of legalizing such organiza-
ton, upon the ground that the district
was never organized; that all proceed
ings had for such purpose were wholly
void, and that to give efficacy to such
decree would violate the constitutional
rights of the landowners of the said
district in the same manner as did the
order of the board of supervisors in
the first instance in attempting to Or
ganize the district" The court con-
cludes its long opinion on the subject
by saying that it is unnecessary to pass
upon many other questions presented in
the trial Of the case, as the one upon
which the opinion is based is sufficient
to make void all the subsequent bust
ness of the district.
This decision will have far-reachine
effect, even though the case be carried
to the higher court. 1t is presumed that
the holders of bonds of the district will
continue to prosecute the case, but that
they will fare any better is not believed
here by the best lawyers, who unite In
saying that the decision is based on
sound law.
The PERKS irrigation district was or
ganized several years ago, while that
section of this county was 4 part of Sar
Bernardino county. The district issued
$442, 900 worth of bonds as the first Of
fetal step after the district was estab-
lished by vote. OF these bonds $4,000
were disposed of for cash, half to the
Perris bank, which was doing business
at that time, and the other half to Pasa-
dena parties. All of the remainder OF
the bonds were disposed of, with the ex-
ception of about 100000, which were
never sold, on account of contracts with
the district for work, water stock, pipe
and other material. OF this amount
$240, 900 went to the Bear Valley COM
pany for water certificates, and it is said
these bonds are held in England at the
present time. The $4,000 worth of bonds
which were sold for cash brought 81
cents on the dollar. while the others
sold were ostensibly traded off for face
value, when In fact the real selling price
was about 40 cents on the dollar.
The decision of Judge Noyes means
that the landowners of the district will
be enabled to hold their belongings, anC
that they will not be required to pay fol
bonds, and the interest on them, which
were given for water supply which the
people never got
If the decision had gone against the
people of the district, 1t would have
meant much hardship to many Of them
who have spent years of their lives in
trying to build up homes there.
If the Bear Valley company had sup
piled the district with the water ii
bought, it Is very probable that the own
ers of the lands would have tried to
have met the obligation of the bonds
even though they We're not binding but
when no water came and it was useless
to expect any, then the people decided
to fight for their rights, which fight they
have now won so handily.