Bisbee daily review., 1904-08-21
Water SuitConteSts
 In Salt River Valley
LEGAL BATTLE TO DEclDS RIGHTS GETS AN
 OPENER.
Number fof Suits FiIed-Akernstive Writs of Mandamus Ordered to ls- sue-Dissatisfied Users of Canal Water Go to Law,

Phoenix. Aug. 20.-The much-talked-
 of suits against the canal companies
 have arrived E. W. Lewis arrived from Prescott yesterday with an or
 der from Judge Richard E. Sloan on
 the clerk of the district court here for
 the utterance of alternative writs of
 mandamus in each of the three peti-
 tions filed. These writs were issued
 to Thomas Armstrong. jr., by Dean
 Woodword. acting clerk, and Mir. Arm
 strong straightway placed them in the
 hands of the sheriff for service. By
 these writs the three canal companies
 are ordered to comply with the re- quests of petitioners in each in
 stance or to appear before the judge of this district September r and show tcause, if any. why prompt compliance
 was not made. In reality therefore the
 writs simply establish the suits and
 set the opening of the fall term of court here for hearing.
 In each instance the plaintiffs all
 lege that the canal company in ques-
 tion has for several years past and
 is now neglecting to perform its duty
 as a carrier ard diverter of waters duly contracted contracted for so that the lands have suffered to such an ex- tent that they are in many instances
 reduced to 2 desert condition; their trees and vines are already destroyed and their fields of alfalfa reduced in extent and productive2ess." They declare that the canal was permitted to go unrepaired in the summer when repairs were possible. and that in in stances where repairs were made. flimsy and unsubstantial material was employed therein.
 It is from this situation that relief is prayed They ask that in each case the diversion dam be repaired with substantial materials. that there be an immediate abrcgation of any combina- tion by which other canal companies divert water rightfully due the canal patronized by plaintiffs. that the canal be thoroughly cleaned and repaired that the company cease to discrimf- nate in favor of one plaintiff in favor of anothe-, that the company cease to allow any other company to appro- priate water as rightfully belonging to it. and that in the event the company shall neglect to to comply with these requests a receiver be appointed to collect all monies due the company 1 that said monies may be applied to these improvements and the just and adequate administration of the canal l As a matter of fact this last petition I Is in the nature of a suggestion as means of relief. the alternative being l that the company failing to comply | with the order of the court without | cause be fined.
 The part of the prayer relating to 1 the abrogation of combinations refers l to an arrangement made some years l ago between the management of the ] north side canals and some of those on the south side by which the latter were allowed to divert a part of the water which had been decreed to the north side canals under the Kirby decision. This question came up in the case of A L. Henshaw and other minority stockholders against the north side canal companies ask ing for the setting aside of the ar rangement. They were denied on the ground that they were not the proper parties to such an action Mir. Arm strong. one of the attorneys for the plaintiffs in the present suits. is one or the officers of the recently organ Ized Appropriators' Canal company ,ormed fer the betterment of the Grand canal