Arizona republican., 1904-08-17
NEW WATER SUITS
Alternative WritS of Man.
 damuS Ordered to Issue
The Defendants the North Side Canal Companies and the Plaintiffs Dis satisfied Water Users.

Apparently the much talked Of suits against the canal companies have ar rived at a genesis. E. w. Lewis arriv- ed from Prescott yesterday with an order from Judge Richard F.. Sloan on the clerk Of the district court here for the utterance of affirmative writs of mandamus in each of the three peti- tiOns filed. These writs were issued to Thomas Armstrong, jr., by Dean Woodward, acting clerk, and MT. Arm strong s;raightway 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 cause. if any why prompt compliance was not made. In reality therefore the wTits simply establish the suits and set the opening of the fall term of court here for hearing. These suits are styled respectively: Dwight B. Heard ct al, vs. the Maricopa Canal com pany; sam r. Webb ct al.. ys. the Grand Canal company; Nelson Brad ley ct al, vs. the Salt River Valley Canal company. In each case Thom- as Armstrong, jr., and l.. w. Lewis represent the plaintiffs, who as indiHid- Uals sum up a total of some fifty odd. In each instance the plaintiffs allege that the canal company in question has for several years past and is now neg lecting to perform it's duty as a car- rier and diverter of waters duly con- trscted for so that the lands have suf- fered to such an extent that they are g,- T
 ert condition; their trees and vines are already destroyed and their fields of alfalfa reduced in extent and pro- ductiveness." They declare that the canal was permitted to go urrepaired iR the summer when repairs were pos sible and that in instances where re- pairs were made, fimsy and unsub- stantial material was employed there in. | IL 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 1 immediate abrogation of any combina- | ton by which other canal companies divert water rightfully due the canal patronized by plaintiffs, that the canal
 he thoroughly cleaned and repaired. | that the company cease to discriminate in favor of one plaintiff over another,
 that the company cease to allow any other compny to appropriate water as | rightfully belonging to it, and that in | the event the company shall neglect 10 | comply with these requests a re-
 ceiver be appointed to collect all mon
 eys due the compdny that said moneys may be applied to these Improvements
 and the just and adequate administra- | ton Of the canal. As matter of fact
 this last petition is in the nature of a
 suggestion as d means of relief, the all
 ternative being that the company fail
 ing to comply with the order of the
 court without cause be fined.
 The part of the prayer relating to the | abrogation of combinations refers to an
 arrangement made some yearssago be- tween the management of the north
 side canals and some of those of the
 south side by which the latter were
 allowed to divert a part of the water | which had been decreed to the north l side canals under the Kibbey decision. 1 This question came up in the case of
 A. l.. Henshaw and other minority stockholders against the north side
 canal companies asking for \the setting
 aside of the arrangement. They were
 denied on the ground that they were
 not the proper parties to such an ac-
 ton. MT. Armstrong, one of the attor- neys for the plaintiffs in the present suits. is one of the officers of the re- gently organized Appropriators' Canal
 company formed for the betterment of
 the Grand canal.