Arizona republican., 1907-06-11

l in to have the rights of these various | parties adjudicated as to the water
 that the government shall distribute.
 sets at rest, l presume. any question | that may have been in the minds of | counsel and individuals as to the pow | CT of the court to adjudicate in the I action in its present form all the | rights of the various defendants. | Therefore, as 1 say, view this appli- cation with great satisfaction, because | it is very desirable, as I have hitherto ] announced. to have determination 1 that everybody will feel is a determi- nation of their rights, and has been | founded on legal basis; and all
 though the court might be of a diff | ferent opinion. where there are a num- Der of counsel who are learned in the law. who have advised their clients that such an adjudication cannot be had in this action. the court was very loath to enter d decree which would deprive these people of their rights to water, when they had acted in good faith on the advice of counsel. and when I believe counsel have been act ing in good faith in some instances in their advice in that respect. There I of the government with much satis- faction, as I think it will dispose en- tirely of these conditions. I will grant the application of the government"
 Mir. Alexander. in explanation of the application. said: ''I want to say that l am acting on my own discretion in the matter, as I am permitted to use my own discretion in civil matters and take such action as I deem necessary before consulting with the attorney general. I have not consulted with the attorney-general in this matter. but I have done it believing that the condi- tions required it; and I want to be frank about it. and I will consult inn mediately with the attorney-general and it may be, that after consultation with him I may bring an independent action. and not interplead at all. the only question being which is the best: or I may. upon advice from him. with draw all interpretation in the matter"
 Walter Bennett. with reference to the court statement. said: May l ask what the situation is? l was not pres ent when this matter came up"
 Judge Kent replied: "The govern ment in an attempt to remove all such doubts. as you and other counsel have had in respect to the Jurisdiction of the court to determine the issues in this action, has made an application foI leave to be substituted as the own CT of the canals on the north side and as distributor of the water to the peo- pie on the south side. as defendant in the action, with leave to interplead in the nature of stakeholder having some fund to distribute. that it may come in and make service upon the various parties in the action asking them to set up the various rights to water which they have"
 Thereupon the following colloquy ensued:
 MT. Bennett: And the court was about to make an order in the case?"
 The Court: Yes sir"
 MT Bennett: Should not the peti- ton of the United States government be presented to the court. in order that counsel may see what the nature of their intervention is, before the or der is made permitting them to inter plead or to intervene?''
 The Court: They have filed their motion. and I have asked counsel if they had any objections, and they have all said that thev had none"
 MT. Street: "I take it to be a fact that we, would have the right to move tn dismiss their complaint or to their taking any legal measures. by demur- rcrs or whatever, and that you have only so far contemplated making an order allowing them to present the pe- tition for intervention?
 MT Bennett: 'I do not know that I shall have any objection to it. but as have had no opportunity to examine the petition. will now make a formal objection to it."
 The court then made the following order granting the application: An order will be entered in this case all lowing the government to be Substi- | tuted as party defendant, in the place and stead of the various parties de fendant named in the application. l with permission to the government to file in the case and serve such plead l ings as it may be advised. and such 1 process as it may be advised. in the l nature of an interpleader. intervention | or answer. In accordance with the ap- plicatiOn of the government, the trial of this cause will now be suspended 1 to be taken up in the fall at q date will fix
 The government may have to and | including the first day of September l 1A07. to make and file and serve such pleadings or process as it may be ad- vised; the various defendants in this action. and all persons claiming any interest in the subject matter of the action. may have to and including the 2Gth day of Septen Der 1907. 60 file such pleadings in the case as they may be advised; such further plead ing or such new pleading as they may h. advised. So far as the court may so order, the order will also contain a pro- vision that service of all documents in the case may be made upon the attor- neys for the various parties in the case. The further trial of the cause i:; continued until Monday. September 23. 1907. Now, are there any other matters in connection with this case that counsel desire to bring up?"
 MT. Alexander said: 'I appear as counsel here for a number of defend ants who are connected with the Mesa Canal Company-Judge Street and were attorneys for them when We were rtparS- and nf cartrSa in thiS caca