The San Francisco call., 1909-08-03
POMONA LOSES
TELEPHONE SUIT
United States Circuit Court De-
cides Town Had No Right to
Charge for Franchise
California Development Company
Held Responsible for Flood
ing of Imperial Valley

The United States circuit court OF
appeals decided yesterday that the
town of Pomona, in southern Califor-
MIA, had no constitutional right to
charge the Sunset telephone and tele-
graph company for a franchise TO op-
crate within the town limits. The court
further decided that the telephone
company had legal right to erect
poles and establish their service within
the town limits, providing the cor
poration complied with such regula-
tions that might be in force and part
of the government of the municipality.
The case of the telephone company
against the town of Pomona came be-
fore the higher court from the United
States circuit court of the southern
district of the state, where United
States Judge Olin Wellborn decided In
favor of Pomona. The Judgment OF the
lower court is reversed, with directions
to enter judgment for the complainant.
The opinion was written by Circuit
Judge Erskine M. Ross and concurred
in by Circuit Judge w. w. Morrow To
their Judgment Circuit Judge William
B. Gilbert dissented, although his opin-
ion was not handed down yesterday.
WINS BIG DAMAGE SUIT
After four> years of litigation the
United States circuit court of appeals
decided that the California develop
ment company was directly responsible
for the flooding of the Salton basin,
below Imperial valley, in southern Cali
fornia. and sustained the lower court
in awarding $451,746.2S damages to
the New Liverpool salt company, whose
land and plant now lie at the bottom
of lake so miles long and 75 feet
deep. The opinion. which fills 49 pages,
was written by Circuit Judge w. w
Morrow and was concurred in by Cir
cult Judges William B. Gilbert and
Erskine M Ross The court of appeals
found that the development company
had not installed proper locks and gates
at the takeihs of the irrigation system,
and. not being able TO control the
amount of water flowing into the ca
mails from the Colorado river, was re-
sponsibIe for the floods.
APPEAL is DISMISSED
In the matter of Albert W. Cunning
ham, administrator of the estate of
Henry II. Cunningham, against James
Linn Rogers, consul general of the
United States at Shanghai, China. on
appeal from the United States court in
China, the appeal was dismissed. 1t
was charged that Consul General Rog-
ers used fraud and unfair means in pro-
batting the estate of Cunningham. 1t
was found that the appeal was not
from the final judgment of the China
court and could not, for that reason, be
entertained. Further objection was
found to the appeal inasmuch as the
action was at law, and the case could
only have been brought to the court
of appeals upon writ of error.
Relative TO the suit of the Holt man
ufacturing company against the Best
manufacturing company. for violation
of certain appliances in the making of
harvesters and covered by patent, the
judgment of the lower court was re-
versed and the cause remanded for new
trial.
JUDGMENT Is AFFIRMED
The judgment of the lower court was
affirmed in the appeal of the Ell Cam
bio gold mining company against the
Cucharas mining company on a writ of
error.
Edward c. Dean. a sailor on the
whaler Thrasher, who was not salts
fed with the judgment of the United
States district court in the action for
damages he asked for harsh treatment
while in the arctic, found but little
consolation in appealing to the higher
cult Judge William III. Hunt proceeds
to inform the appellant that this treat
ment was what he deserved; that he
had proved himself worthless. trouble
maker and shirk while at sea. 1t was
held by Judge Hunt that the skipper
treated him as he deserved
The court comprised Circuit Judge
w. w. Morrow, District Judge John ].
de Haven and District Judge William C.
Van Fleet. Judge Morrow presided
An adjournment was taken until Sep
tember s.