Imperial Valley press., 1908-03-14
INJUNCTION CASE
SENT BACK TO CIRCUIT COURT BY MANDAMUs FROM FEDER-
 AL COURT OF APPEALS.
WATER NOT SHUT OFF
Judge WeIIborn Directed to Correct Error In Decree-Hearine On Merits of Case to Be Resumed Next Week -Pinheads Are Disappointed.

Last Saturday the United States Cir cult Court of Appeals issued man damus directing the Circuit Court of Los Angeles to correct the judgment of that court in the case of the New Liverpool Salt Company against the California Development Company.
 This appears to place the injunction and contempt proceedings where they were when Judge Wellborn concluded that the matter was beyond his juris- diction, because of a technical error, and vacated his order. The hearing will be resumed on March r, and the parties affected by the injunction will introduce evidence to show the results of efforts to reduce the flow of water in canals to the actual needs of users.
 There is no reason to fear that the court will order the c. D. Go. to close the headgate or cut off water from any canals pending the hearing, and it is not likely that any officer of the c. D. Go. will again take it upon him. self to inflict that needless injury up on the public. The officers of the company cited for contempt last month did not help their case in the least by closing the power canal after they were cited and shutting off water from the irrigation canals few days later. If they were in contempt before, they did not purge themselves of contempt by belated obedience to the court, and they could have made their expla- nation just as we'll with the water running.
 Probably it is good thing that the order was enforced literally for a short time, however, inasmuch as it sub stituted demonstration for theory of the results of efforts to avoid wastage. The experience enables witnesses to testify to the injury that was done, and engineers can now show that checking the flow through the head gate did cause sitting of the intake. It is fact that the intake filled up with silt so that sand bars were wis ible and there was only foot of water in the intake from the river. In a few days more the intake would have filled completely with sand, and no water could have been let through the gate into the main canal.
 The Imperial Standard says that is a "nonsensical statement;" that there was absolutely no justification" for it, but the irrigators of Imperial Val ley know whether or not they were getting water while the gate was closed and what would have happened had it been kept closed a week longer.
 On Monday the Standard joyfully announced that the injunction would be effective again in day or two and argued diligently in favor of closing down. the power plant, incidentally fal- sifying the statements of the Press and making assertions which it knew to be utterly untrue. The water is still running, farmers are irrigating their crops and the Standard is deeply In it's venomous desire to see one interest damaged, that org an of the Pinheads would blindly sac rifice everything in the valley.
 Status of Contempt Cases.
 There is considerable speculation, says the Los Angeles Times, in legal circles in regard to the outcome of the contempt cases against the offic- CTS of the California Development Co.,, who were cited to appear before Judge Wellborn in the United States Cir cult Court, because of their alleged neglect to comply with the conditions of the federal injunction.
 Residents of the Imperial Valley are eager to learn whether the origi- l nal injunction, which worked such a will be revived. The entire | matter will be threshad out as soon | as Judge Wellborn once more resumes l his sittings. The Federal court was