The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-09-05
DEMENT, CASE
ARGUED TODAY
Judge Miller Hears Injunc-
lion Proceedings

The dispute between Dement, Bros
proprietors of the Eureka FIGURING
Mills and the city of Walla Walla and
others. concerning the rights to the
waters of Mill creek, was today argued
for the first time before Judge Miller
of Dayton, in the superior court of
Walla Walla county.
In the complaint in addition to the
city of Walla Walla. Mr.. and Mrs. Eu-
gene Lennon, Mr. and Mrs. George
Barber, Mary l.. Preston, Hoey Yum,
the Walla Walla Meat company, Mr..
and Mrs. D. w. Warren, p B. Smith,
Mr.. and Mrs. D. M. Smith, Mary
Brown, Mr.. and Mrs. Joseph Cox and
William Hatch, all riparian property
owners along Mill creek, are named as
defendants
The complaint asks for permanent
injunction preventing the city OF
Walla Walla from appropriating the
waters of Mill creek for city purposes,
The plaintiffs also allege that above
named defendants are using the water
of Mill creek in an unnecessarily ex-
travagant manner, the effect of which.
coupled with that of the city using the
water of the creek, is that while plain
tiffs were formerly able to operate
by water power during the months
of, June, July and August they now
must use electric power which repre-
sents a considerable additional ex-
pense.
Plaintiffs ask financial relief as fol-
lows:
From the city of Walla Walla, $1,000;
from Eugene Lennon, $500; George
Barber, $500; from Hoey Yum, $500;
from D. w. Warren and wife; P. B.
Mary Brown. Mr.. and Mrs. c. Fox and
William Hatch, $500.
/ C. c. Gose, counsel for the plaintiffs
put forth to the contention that under
the state laws governing the rights to
the use of the waters of streams by
mills, etc, which gives such concerns
preference, the city had no right tc
use the water of Mill creek.
| AS this case which is in it's second
year, was started before the city took
water from Mill creek but drew its
supply from Lennon springs, counsel
| for the city contended that the case
cited by Mr.. Gose does not affect the
city's present use of the Mill creek
waters.
C. C. Gose, counsel for plaintiff met
| this with the argument that when
taking water from Lennon springs the
city in effect drew upon Mill creek as
the water Of the springs was but seep-
age from the creek and that the city
greatly increased this in its work OF
developing the water of the springs
with bitches and special engineering
for that purpose.
! Council for plaintiff alleged that
whereas the city previously stole from
the surface water of Mill creek Sc
! cretely it had now become bold enough
TO do so openly.
| He also brought the lash down or. the
/ backs of Barber, Lennon, Smith ami
others, describing how, bye means OF
diverting water Of the creek, dammlns
| it, and in other ways they had gross
! ly wasted it's volume.
Attorney Lester Wilson, for the de-
! fense, introduced the argument this
afternoon that the city has right to
small quantity of water from Mil
creek because of the fact that the
city was located upon the banks OF
the creek prior to the Dement,
Bross' establishment.
Attorneys Sharpstein and Sharp
stein, are counsel for the city; Mr. and
Mrs. Lennon areI represented by Gar
recht and Dunphy: George Barber by
Lester Wilson and D. M. Smith is rep
resented by Brooks & Bartlett.
When this case was first brought IN
to court, a referee was appointed to
collect evidence. When this was sum-
mitted. Judge Brents said he was dis
qualified to judge the case owing to
the fact that he had previously rep
resented Barber in similar suit
between Barber and Dement, Bros. For
this reason, sJudge Miller, presided at
today's trial.