The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1911-12-22
LEGALLY SOUND.

l.'cihN buCStlOu Detu TdlSeu as ID
whethe. an irrigation district could be
finally and legally organized under the
laws Of the state. and the protracted
litigation that grew out of an effort to
organize district over near Ellens-
burg gave some ground for that sus-
picion. However, the following letter
by an attorney thoroughly familiar
with the case, will set all doubts at
rest. and encourage those interested
in the movement to organize irrigation
districts in this vicinity to renewed
effort. 1t may be stated at this time,
undiscOuraged by former failure q
movement has been started to reor-
Ganize the same district mentioned in
the communication extending the ter
l'itory to be taken in and watered until
1t embraces 81, 900 acres. Since this
was written their election was held
and district was organized by an ov-
erwhelming majority.
Ellensburg. Wash. Oct 2S. 1911.
J. w. Faulkner, Esq, Attorney at Law,
ftoncDnully Wash.
Dear Sire. r. Dickson has handed me
your letter to him of 24th inst, inquirng
IN regard to status and workings OF irri-
cation district law, with request that
answer ii. | was connected with the liti-
cation in regard to the old Middle kitti
tas Irrigation district here, and strove for
years to find Il hole in II, Dut II has been
sustained by our court. and interpreted
fully upon almost every point. so that
from legal standpoint Il review of our
almost
can arise. See:
Board of Directors VS.. Peterson.
Wash, l47.
WitherOp W.. Brown, 19 Wash, 3S3.
kink,de VS.. Witherop, 20 Wash, 1888.
Dyer vs.. NJ. X. /. Dist, % Wash. s0-9l.
Dyer VS.. NJ. X. L. Dist. 40 Wash, 23s.
so.. ''''' '''''' w. '''''''S''' - ""''''
Purdin VS.. Washington. etc, Al Wash.
State ex rel Dyer VS.. NJ. X. l. Dist, 56
Wash, 4SS.
This course of litigation arose from a
settled settled down low ' in 1888 1888 and and following. % 4
contract was let but the bonds could not
be sold, and the district was abandoned.
The litigation arose in an attempt to
the work performed The above cases
tell the said tale, and all the obligations
sded for are now represented by outstand-
ing bonds against the district which are
apparently as good rs goid.
AS an illustration OF what our people
think of tn. district law. they havs now
formed another district IN Kittitas county
embracing most of the Ola abandoned dis
-awet, for the purpose or purchasing from
the United States under the Warrert act.
passed at the asst session OF congress, wa
ters stored under the reclamation act. and
are now actively pushing the construction
of IL calal for the irrigation OF about 90.-
600 acres, all eady incorporated into dis
trict
/ believe there is no irrigation district
in the state of Washington that has ever
tod
under this law. but in California. after
whose Wright act our law Is framed. the
system is being very largely followed and
adopted. and works very satisfactorily.
both to bond buyers and to water users.
For Il long time bonds OF this character
were unpopular with investors. for the
met with such fierce litigation that they
would not touch the bonds, but in that
state aswel as in our own. all questions
have been 50 uniformly resolved in favor
of the legality OF the district and the law
so fully expounded, that now district
bonds are the only ones that bond buyers
bonds will meet with much reader sale
through the security of this form of or
ganization than by private securities.
We Investigated this feature fully before
deciding to build our canal by district or
ganizatiOn ir stead OF attempting TO nave
the lands subject to the indebtedness in
high financial authorities to proceed under
the district plan. and our expenditure as
proposed will be about four million dol
"'7i or course YOU viii have to proceed very
carefully and bring your actions carefuily
within the provisions of the act and the
laws as Interpreted; The weak ,ah po,nt cnt sn IN
much litigation. and finally saddled large
! deb. upon the land owners for which they
receive no return was the % fact ,ari that the
enced in dealing with bond promoters,
and shrewd contractors, VINO allowed them
to be talked into going ahead with the
work before the money from the bonds
| was actually in the hands OF the district
| but upon the faith ard assurance OF tht
contractor, who was really the bond pro,
| moter that the money would be on hand
| as soon as needed. They did not get the
right kind of contractors contract.
| They We're over-reached in every manner.
| The board was of the highest character as
! to integrity but as Is often the case win
inexperienced farmers. they became over
economical and would not expend money
| for advice of firStclaSS attorneys, ana
| would try to save money for the dlStrlct
| by allowing the contractor to also furnish
their engineer and generally did not take
proper advice in transactions IN matters
| entirely outside of their experience.
If the board of directors are honest and
have good horse sense and will be ADVISED
| i'm finan ,ial and legal steps closely, thehre
| is no need of any failure from the SyS-
TEN. The board of directors under oui
law must reside within the district. and
this usually means that they can not be
men of general business experience. bu'
they can employ this from the outside
and the secretary does not need to reside
! within the district. and therefore shouio
be a man fit to advise the board financial
ly. and if necessary. paid well for HI:
services The district should have mrs
class LAWYER at their elbow in all theii
actions. particularly until the district has
been organized and is running concern
In our present organization the secretary
is one of our most experienced bankers
who, from motives of public spirit, ha.
agreed 20 act in that capacity. The boart
has employed Mr.. Kelsey, of Portland
one of our best known and most expert
enced irrigation engineers in the country
In short our people have learned the les
son of false economy from their unfor
tunate experience in the old NJ. X. litiga
ton and loss.
any particular facts that you wish L
know and have only answered generally
but if YOU Will direct my attention to an.
particular points. | shall be glad to ans
/ wer as fully as can. Yours very truly,
A. l.. SLEMMONS.