Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-19
ERROR MAY
HVVALIDATE'
PECULIAR RESULT OF MISTAKE
IN PROCEEDINGS
JUDGE WELLsoRN FINDS WRONG
DATE IN PAPERS
Injunction Case Argued in Federal
Court and FL Centre Men Are
Ordered to Appear Feb
ruary ~

Contempt proceedings instituted
against Epes Randolph, president of the
California Development company; II. T.
Cory, general me nager, and +. c. Herr
man, chief engineer, may be invali-
dated by correction of q clerical error
latter the development company had
perfected it's appeal from the decision
awarding the New Liverpool Salt COM
pany $456, TAG for the destruction of IT'S
plant and the order enjoining 1t from
permitting the wastage of its canals
to flow into the Salton sink
Judge Wellborn has found, upon Sec
ond investigation of the papers, that
the amendment which had been offered
by Judge ]. w. Mckinley, one of the
attorneys for the New Liverpool Salt
company to the decree, stipulated by
attorneys on both sides, had been SO
admitted after the defendant had per-
fected its appeal, hence removing the
case beyond his jurisdiction. And the
original decree without this amend
ment had been served upon the officers
of the development company when cited
for contempt of court.
Judge Wellborn has requested the at
torney on both sides to cite authorities
on this point.
Injunction Matter Argued
The matter of the Injunction against
the California Development company,
in connection with which an application
for an Interpretation of Judge Well
born's decree was argued yesterday in
the federal district court, may be taken
up again this morning. However, the
court business is SO crowded that sew
eral matters are on the calendar for
this time. The plaintiffs are inclined TO
believe that the application, instead of
being an Interpretation of the decree,
is for a modification of the same.
Judge Wellborn last evening signed
an order calling upon J. Stanley Brown
and F. G. Ravens to appear before the
federal court on Thursday morning,
February 27, at 1920 O'Clock, and show
cause why they should not be punished
for contempt of court. This is in con-
nection with the telegram which they
sent to Judge Wellborn, protesting
against the injunction and the results
of it's application on the Imperial val
ley country.
Imperial Valley lmperiIed
Judge John S. Chapman, attorney for
the California Development company,
In importuning the federal district court
to dissolve the injunction restraining
the company from allowing the waters
from the Alamo canal to flow into the
great sink at Salton, argued that the
existence itself of the great Imperial
valley irrigated farms depended upon
the overflow OF the canals into the Sal
ton sea. Otherwise, he claimed, the
waters of the Colorado must be shut
off and the productions of that fertile
district destroyed. On the other hand.
Attorney +. j. McCutcheon, for the de :
PENDANTS, asserts that under the old
arrangement thousands OF dollars Of
damage is being done to the property Of
the New Liverpool company every
week.
Judge Wellborn may modify his de-
cree sufficiently to allow as much of an
overflow from that part of the Imperial
irrigation system called the Alamo
canal to-dow into the great sink as to
silt.