Imperial Valley press., 1910-04-09
Judge Cole eAuthorizeS Receiver to Expend Money for
 Necessary Work
Supreme Court Removes Obstruction
 interposed By 8oaz Duncan, and Judge Cole Brushes Aside Another ! Attempt to Hold Up Protective
 Work on Levees and Canals.

The alternative writ of prohibition, suspending the authority of the re- ceiver of the c. D. Company to have work done on the canal system or to issue certificates, and delaying decis- ion by Judge Cole on the petition of Boaz Duncan and others to have the appointment of receiver set aside, was dismissed last Monday by the Supreme Court Duncan and the oth- CT intervenors anticipated such dis position of the matter and had pre- pared affidavits in support of a motion for change of venue, and on Tuesday they served notice on Judge Cole that the motion would be made in court on April 22 They profess to have dis covered incompetency of the court to try the case impartially after having appeared in court, argued the case and submitted it to the court for decision. Duncan is the owner of bonds of the c. D. Go. of the par value of $165, 900, and if the receivership stands those bonds will be second instead of first liens. It is Duncan's contention that it is the duty of the court to pre- serve the first lien status of his bonds, even at the risk of utter destruction of property upon which they are bas- ed and the ruin of all property in Im- perial Valley. He ayers that he can have no fair trial before Judge Cole because of the interest, prejudice and bias of the people of the county, in that "the people of Imperial County, with scarcely any exception, insist that permanent constructive and pro tective work be done on the irriga- ton system so that the ranchers may be insured bountiful supply of wat CT and protection against the possi- bility of overflow of the Colorado"
 The residents of the county, ayers Duncan, constantly express the opin- ion, so that 1t comes to the attention of the Judge, that the receiver should be authorized to make necessary re- pairs upon the system and to engage ! in work that will place the system in Ahrst class condition for protection of he residents and promotion of the general welfare of the community"
 The implied argument is that it is unfair, unjust and grossly improper for a judge to give any consideration to the general welfare of large com munity in the trial of case involv- ing the speculative profits of an in vestor in bonds, and that a judge hay ing any knowledge of conditions, or any clear comprehension of the con- sequences of his acts, is unfit to de- eide case that may involve the very existence of the community in which he lives. Wherefore Duncan demands that the case be tried by a judge hay ing no knowledge of the situation, one who would not care if he doom- ed Imperial Vallew to utter destruc- tion for the sake of maintaining the technical right of a bond-broker to his pound of flesh. That MT. Dun cans bonds would not be worth the price of match to set them afire, If Ms contention should be sustained and .Arried to logical conclusion cuts no FNgure in the attorneyisms presented to the court.
 Affidavits in support of the motion for change of venue are made by one Sherman, an employe of the Liverpool Salt Company, and by Willis F. Beal and Ray c. Griswold, residents of the valley Sherman ayers that Judge Cole and members of his family own land in the valley and are users of water, and therefore are interested in the maintenance of the irrigation system. He swears that money ex- pended by the receiver will tend to increase the efficiency of the mutual water companies. and by keeping out Athe flood will benefit the land own led by Judge Cole and prevent dam Age to his interests. If the protec- tive work contemplated by the re- ! ceiver is not done. says sherman, who declares himself qualified expert inl the matter" the canals will be daE stroyed and the land ruined"
 The inevitable inference from this is that Boaz Duncan and =