Imperial Valley press., 1908-02-08

The Imperial paper repeats it's CT oneous assertion that the plant of he Holton Power Company at Holt lille will be shut down immediately by enforcement of the judgment in . he case of the Liverpool Salt Co. against the California Development company.
 The animus of these persistent eff orts to knock" the power company s known in the valley, and the pur bose of the publication at this particu- ar time is obvious. The Imperial paper says: There is no longer any oubt that the restraining order issued by Judge Wellborn of the United States Circuit Court at Los Angeles directed to the California Develop nent Company is to be enforced lit rally."
 1 It also declares that the injunction las been served, that the plant is to be shut down summarily, that the contract between the c. D. Go. and he Holton company for water has been annulled, that the $75,000 power plant and transmission line twill be enforced idleness," and that cleo ricity for use in the valley will be generated by oil fuel in the auxiliary team plant
 When the power was shut off by burning out of a pole during the rains arly this week, the editor of the I'm he telephone line that the power ompany had been put out of busi- less by injunction.
 The injunction has not been en- orced, and there is doubt that it Fver will be enforced literally. A Ropy of the decision has been handed Q the c. D. Co.'S officers by the sue &essful litigant, but no restraining or Der has been served by an officer of he court or issued by the court. Granting the prayer of the plaintiff oes not operate as an order of in junction. Until such an order is ap- Blied for, issued, and served by an |fficer of the court, the c. D. Go. may md will go on supplying water to Ehe power canal without being in con empt of court. A conference of the Ettorneys for both parties will be held oon, and probably such modification If the judgment as will relieve the Bower company from operation of the lecree forbidding the, turning into balton Sea of waste waters not neces- Nary to the process of irrigation will 8e agreed upon.
 The plans of the c. D. Go. contem- late woTKS to utilize water for irri- Ration after it passes the power plant, Ind when the money required is avail 8ble, the plans will be carried out. t is not to be presumed that the Salt Company will insist unreasonably on
 literal application of the judgment which would be of no actual benefit to tself, but would cause serious annoy |nce and loss to others. All that the Rhjunction was intended to stop was he discharge through canals of more Rater than is required for use in the alley.
 If the Colorado flood should come own New River again this year, the
 Colorado would be in contempt of 8ourt, according to the Imperial edi- prs theory, and would have to be topped by injunction.
 The plain fact is that the situation b far as it affects the power company r the use of water for irrigation in he valley, is exactly what it was when Judge Wellborn gave his decision.
 Judge Wellborn's decree does not brbid the use of water for purposes ther than irrigation, as has been er- Dneously reported. It permits the is- Iance of an order restraining the c. Go. from "diverting water in ex- bss of the substantial needs of the eople for domestic and irrigation pur- pses and such other lawful purposes the same may be applied to" The