Arizona republican., 1910-08-18

l filed an application CSerial 024S0) for a right of way, under the provisions of 1 said act, for a reservoir covering parts
 of section l. ?. 10. Il and F. township Is south of range 9 west, and canal
 running from point in said section 10 to a point in section 3. township 6 south of range II west
 A protest against the allowance of | the application of the Southwestern company was filed by Francis R. May 1 CT, as successor in interest to the
 South Gila Canal company. James l.. Cant protested the application of the Dendora Valley company.
 By letter "F'' of June 26th 1909 a
 hearing was ordered by the commis- ssioner of the general land office and , on July 14th,' 1909, notices issued for hearing at this office on October 20th. 1909 After several continuances. i, the taking of testimony was begun on
 March 22nd, 1910, and concluded eight days later
 There was no appearance by or on behalf of the Den lora Valley Ditch company. That company's application
 for the right of w5y (Serial 066i) hay
 ing, been. at its request. returned to
 it on February 18th. 1910. On Feb
 ruary 26th, 1910. James l.. Cant filed
 in this office a certified copy of de-
 cree of the district court of the third
 district of Arizona. decreeing said
 Cant to be the owner of an undivid ed ten twefths of the canal which the Dendora Valley Ditch company applied for a right Of way
 It appears that on September 1st, 1892, the South Gila Canal company filed in the Tucson office an applca- tion for a right of way for a ditch and I two reservoir sites, traversing lands in conflict with the subsequent applica- tion of the Southwestern company. By letter "F" of March 26th, 1894 the l commissioner of the general land office | returned the two maps and the field | notes to the Tucson office. holding i that the application was not in con formity with the regulations in force | at the time of filing. Said letter l concluded as follows:
 Send copy of this letter. togeth CT with the enclosures to the proper 1 officer of the company, and notify him that the company will be allowed to refile its amended application" : Indorsed on said letter is the follow ing Party notified April 7th. 1894"
 The application. maps. etc, were not refiled. However on February 21st.. 1910. there was filed in this office by Francis R. Mayer. as successor of South. Gila Canal company, certain maps. etc. in lieu of those filed in the Tucson office in 1892.
 The South Gila Canal company was organized in 1887, and in the following year entered into contract for the of a ditch having its head at the river two or three miles below the proposed damsite. The ditch was completed in 1889, and water was turn ed into it that year. In 1891 the com pany. employed an engineer to make a survey for a dam by which to i'm pound the water, and actual work was begun on the dam early in 1892. Work was suspended in the fall of 1893 be- cause of financial difficulties. and in 1895 suit to foreclose a mortgage given by the company, was Instituted, resulting in the sale of the rights nf the company to one w. H. Barnes on March 4th. 1897 Sub sequent transfers were made to Prank H. Woodwork october. 1904) the Arizona Irrigation company October 1s0D, Charles Nave r (July, 18th, 19OS). and Frances Randolph Mayer TMarch. 1s099) t
 Prior to the foreclosure of the mortgage given by the South Gilai Canal company, the company had failed 10 pay it's workmen and material men, resulting in the filing of liens and the
 
 ,n the project ceased in the fall of 1893. and in the two years following movable was removed from he sight of the dam, having been sold lnder orders of the courts to satisfy sarious liens.
 --The canal constructed by the South sila company never carried water more