Imperial Valley press., 1908-05-09

ing against the manner in which the injunction was being misused by a litigant corporation to force settle ment of a damage judgment, and ap- pealing to Judge Wellborn to protect the valley by putting a reasonable in- depreciation on his order When it was discovered that the case was be- fore the court it was too late to re- call the resolution, and the officers of the Chamber of Commerce, who had no intention of approaching the court improperly, found themselves in technical contempt.
 On February 22, the order of in junction was suspended and the head gates of the irrigation canal were opened just in the nick of time. Engi- neer Hermann, of the c. D, Co.,, had made affidavit that if the Injunction should be kept in force another ten days, the headworks and main canals would be choked with silt and the whole Imperial Valley would be with out water.
 Disappointed Knocker.
 The Standard, on March 9, jubilant- ly announced that the injunction would be enforced again within day or two, and said there was absolute ly no justification ofor the absurd statement" made by the Press that there had been grave danger of total stoppage of the valleys water supply. The injunction was not again applied as at first, and to the obvious chagrin of the Standard the power plant was permitted to operate~pending final de- cisiOn.
 Now the court itself says, in almost the identical words used by the Press. that continuation of the injunction, as construed by the Salt company and applied for eleven days, would have put an end to operation of the canal system, and Imperial Valley, thus de- prived of water, would at once have become barren desert, it's fifteen thousand or more residents forced to abandon ruined homes, with losses az gregating many million dollars"
 Judge Wellborn's decision, which follows in full, completely justifes all that the Press has said about the misuse of his order by the Salt com papy, it's misinterpretation by officers of the c. D. Co., and the superiority of public rights over doubtful private in terests. The interpretation put upon the injunction by the Press, when the matter was first discussed, was liter ally correct.
 Injunction Interpreted.
 I am satisfied from the evidence be- fore me- that there has been no inten- ton on the part of the respondents, or either of them, to violate the decree of the court, but, that they have tried to conform to its requirements as they un- derstand them. The present contempt proceedings, however, are brought more for remedial than punitive ends, and, if there has been, in fact, violation of the decree, suitable penalties should be imposed, in order to compel and secure it's observance and execution in the fu- ture. Of course, if there has been no violation of the decree, the rule against the respondents must be discharged
 The acts of the respondents, which are complained of. are the turning of water into the Alamo River through the wastegate at Sharp's heading and the laterals of the Mutual Water Com panies, and at the tail race of the Hol- ton power plant, and diversions of wa ter from the Colorado River as securing power to remove silt from defendants canal.
 The amount of water thus turned in- to the Alamo River and reaching Sal spondents to approximately 15O second feet, but, as claimed by complainant to 25O second feet.
 The use of water for securing pur- poses Is only occasional two or three times a year, during the season when there Is but little, if any, irrigation, and the only diversion on that account since the final decree herein was 617 second