Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-08-25

3 right TO say that the plaintlffS have
been criticised for acting with haste:
that they should have waited until the
court, the judge OF this court, arrived.
I Now IL seems to me that if they had
done that, they would have been open
to criticism for having. in some sort
at least acquiesced in this ARRANGE
ment: but II seems that as soon as
/ they found any interference with the
delivery OF the amount of water that
] they considered necessary to the irri-
cation of their lands they asserted
their rights. And in that respect, il
seems to me. that they have acted with
commendable promptness in seeking to
assert their rights in a legal manner.
! So that il seems to me il. cannot be
said that the plaintiffs here have wait
ed ten years. or any other number of
years. Plaintiffs have recently come
! into possession of this property. and
/ it seems to me that they have done
wei! not to acquiesce in some arrange
ment that they were not satisfied with.
but have proceeded to have the matter
! adjusted and settled as promptly as
possible.
So that / am forced to the conclu-
! sion, believing. as / do. and / think /
ought to say that. that Mr.. Trott. the
defendant, has acted in absolute good
faith in everything he has done in this
matter-I have not a reason to doubt
that-nevertheless. l cannot believe he
had authority as court water commits
sioner to take any charge over or jur-
isdiction over this gate: nor can be-
lieve that the contract under which. as
I understand 1t, he did act. and not az
water commissioner-becaus he was
only called in there to execute that
agreement. just as anybody else might
| have been called in. while i'm fact he
was water commissioner when he did
II. yet in that matter I cannot see how
he could be acting as water commits
| sioner. when he had no Jurisdiction
over II as water commissioner. and no
| order OF court authorized him to act
as water commissioner therein; so that
what he did do. in my judgment. was
TO act solely as an arbitrator under
this agreement: and as this agreement
has no binding force upon these plain
tiffs. because they never agreed to it,
and never were parties to 1t. they have
.never acquiesced in it and the agree
been rescinded by any of the parties
whenever they saw fit-so neither as
water commissioner nor as agent of
the parties TO this agreement, did Mr.
Trott have any authority to act
against the interests OF these plain
tiffs.
! Now another reason assigned by the
counsel why no injunction should be
granted in this case. is that a pro-
ceeding before Judge Sloan-that is to
say. after an application had been
made to the court commissioner Of
this county by Mr.. Trott for an order
against the plaintiffs in this case the
defendants in that action. which ap-
plication was denied by the court COM
missioner upon a full hearing after
notice to the parties. the counsel for
the plaintiff in that action. Mr.. Trott.
after notice of this application had
been served upon him and a time for
the hearing upon this application set.
proceeded to the adjoining county of
Yavapai and made an application to
Judge Sloan upon the same complaint
that the application had before been
made before the court commissioner Of
this crsintv. without any notice to the
opposite parties. and upon an ex parte
hearing. obtained an order for an in
junction from Judge Sloan. and an in
functional order was issued by the
clerk Of the district court of this conn
ty in pursuance of that order.
The authority for that, as / under
stand it. the only authority I know Of.
is found in Act No. 9 of the laws of
the district court may sit at chambers
at any time and place within his
Judicial district, and while so sitting
shall have the power:
Il. To grant. dissolve or modify
temporary injunctions.
''2. To hear and determine applica-
tions for writs OF mandamus. certio-
rari. injunction and habeas corpus.
''3. To discharge such other duties
or to exercise such other powers. as
may be conferred upon a judge in con-
tradistinction to a court.
| II. To exercise any of the foregoing
powers in any suit or proceeding pend
ing in another judicial district when
the judge of that district is absent
therefrom."
Now. / cannot believe tnat that sec
ton. or that statute authorizes any
party who has already applied to a
commissioner in his own county and
/ his application has been acted upon.
to go into an adjoining county before
the judge of the district court of that
county and have that matter acted on
again. I do not believe that section
gives him authority to go there in the
. In ath Il 40
believe that the language Ito exercise
any OF the foregoing powers in any.
suit or proceeding pending in another
| judicial district when the judge of that
district is absent therefrom" means.
Continued on Page 3.