Arizona republican., 1909-02-14
ROAD FLOODING CASE
 GLENDALE DISTRICT
Failure to Comply with the County S Impossible Demands, Gets highly Respected Gentlemen Into Court.

Through an alleged violation of the
 laws against the flooding of the
 roads by neglecting to care for waste
 irrigation water, w. A. Runs, fore
 man of B. A. Fowler's ranch, is
 spending this glorious Sabbath under
 a weight of accusation. The heavy
 hand of the law was laid upon him
 yesterday morning, and when MT.
 Fowler. who now resides in the city.
 heard of it, he went to Glendale at
 once to investigate Finding Mir.
 tbs law rather than a violator, he
 the law rather tha na Yiolator, he
 also put his shoulder under the
 weight and is helping his foreman
 to bear up under the white mans
 burden. as it is imposed in Glendale.
 Both gentlemen may be considered technically and for the time being as either IaWbreakers or martyrs, ac- cording to the prejudices of the inn partial reader. Yesterday the hear
 ing begun before Judge Flock of Glendale was continued until Tues day by a general desire of all par ties to the controversy. The com plainant was Road Overseer Kendrick, who desired further time to confer with the supervisors, the judge de- sired an opportunity to secure in formation of the district attorney as to his powers and duties in the prem ises, and MT. Fowler, in accordance with his views, desired an opportun- ity to obtain counsel, if that shall be necessary after the court has passed on the facts.
 Thus far there seems to be no inharmony in any quarter concern ing the statement of facts, which facts are as follows: The waste water from MT. Fowler's ranch runs into a ditch which follows along road some 1900 feet or more south of his ranch. For the last ten years MT. Fowler has kept this ditch in order and continues so to do At the end of the area in question, the ditch runs under a culVert on a country road. Through neglect, however, the leaves, twigs and other desert debris in that vicinity, together with the sediment in the water has stopped up the culVert, and the overseer has not cleaned it for the reason that the county has provided him with no funds. Nevertheless, the water from Mir. Fowlers ranch, 1900 feet below it, has flooded the road, being unable to find an outlet under the county bridge. Now the question arises whether MT. Fowler shall cease irri- gating until the county gets money enough to fix the culvert, for fear of flooding the road, or whether he shall proceed with his farming and the county take the chance on floods until it gets the bridge fixed.
 In addressing the court, yesterday, Mir Fowler said that as president of the Water Users association, he was most emphatically in favor of a thor ough enforcement of the law and that he sought no personal favors. If it was found that his foreman had been neglectful or was a violator, he would plead guilty and pay the fine and consider it a privilege to help uphold the law, but under the circumstances, he believed the short coming was on the part of the county and neither he nor his fore man should be held amenable, and that until he could be made to see things differently, he was disposed to take the matter to the court of last resort, if it be necessary.
 He forthwith announced that in that event he would probably desire to use the complainant and his neigh bors and all cOgnizant of the facts as witnesses for the dsfense, to prove | that his foreman had always been | diligent in the care of the waste | water whenever he had half a chance | to do anything, and was a good farm | CT and irrigator. Altogether, the cause at court was a friendly one, the neigh | borhood being a peaceful one and | the accused and their prosecutors the | best of friends. It appeared that 1 both sides to the controversy were up against the impossible in their .