Arizona republican., 1898-03-24
RECEIVER MAY HAVE THEM
They Were Held Up in the Tue
 son Office Since 1894
Claimed by Both the GiIa Bend Irrigation and Canal Company and the Receiver of It's Successor the Peoria Canal Company.


 Land Office has received the following decision of the secretary of the in terior relative to the receivership of the Gila Bend Reservoir and Irriga tion company of Arizona: Sir: On December 16, 1895, your Of certify all proceedings in the above entitled matter for departmental re- view, and this order was complied with by your letter of April IS, 1896, enclosing all the papers in the case, including proof of service of the de- partmental order upon the parties in terested.
 It appears from the record that the Gila Bend Reservoir and Irrigation company filed it's application and ac- companying maps and papers for the right of way for an irrigating canal under sections IS to 21, both inclusive of the act of March 8, 1osl t26 Stat, 1O95), in March, 1891, but these maps were found defective by your office, and were returned for correction. The articles of incorporation were accepted by the secretary of the interior, July ] 5,1S91, and are now on file in your office.
 | The map was thereafter relied sev- eral times and returned for correc- l tion, and, finally, upon March 27, 1894, the map, field notes and other papers were returned for correction to the To- cal office at Tucson, Arizona, with in structions to forward a copy of your ] office letter, with the enclosed map and company.
 | The local office, prior thereto, had been notified by the secretary of the Peoria Canal company that his com veyance of the canal, dam and all property of the Gila Bend Reservoir and Irrigation company, but on April l 19, 1894, the secretary of the latter company made formal demand, in | writing, for the map and papers.
 In response to a letter of inquiry l from the register of the local office, on April 22, 1894, James McMillan, as receiver of the Gi1a Bend Reservoir and Irrigation company, the Arizona Construction company, and the Peoria Canal company, asked that the map be delivered to him.
 | On April 23, 1894, the said register advised the receiver that, in face of the demand and protest of the Gila l Bend company, the maps would be held until the question of ownership there to was settled, but stating, however, that if the judge of the district court of Arizona, appointing the receiver, would order that the map be delivered 1 to the receiver and not to the officers of the Gila Bend company, such order would be obeyed. It appears that the judge declined to make this order, for the reason that he had no jurisdiction or control of the papers in the custody of the land office.
 1 The request of the Gila Bend com pany for the papers was denied by the register, and the adverse claimants were notified of their right to apply ] for hearing within thirty days. 1 From this decision the Gila Bend company appealed. Its appeal was filed i within time, but was not served upon i the adverse parties, and it's attorney ] insists that no service thereof was nee essary. Your office, in reviewing the matter, on June 12, 1896, held that such service of the notice of appeal was necessary, and under Rule 45 of Practice dismissed the appeal, recog- nizing the decision of the register as | final
 ! Considering the proceeding upon it's merits, your office held that the receiv- CT of the Gila Bend and the other company was entitled to the papers for the purpose of making the required ! corrections
 The matter is before the depart
 ment upon the record of the proceed ings transmitted by your office.
 It is contended that the register
 alone had no authority to decide the that as different suits and proceed ings are pending in the courts of Ari- zona and in the supreme court of the
 United States, contesting the validity
 of the appointment of a receiver, the
 status in quo should be preserved, at
 least, and that pending such litigation
 no ruling should be made by the de- partment th"t would -en1 |" co"f"e"