The Ordway new era., 1911-02-24
Association Wins Lawsuit
Vim. Broadbent, President Bob
Creek Farmers Protective
Assn. vs.. Francis James


the New Fra was unable to repnrt re-
suits In last weeks issue.
The suit was brought to enforce
collection OF assessments made under
the provision OF the "Articles OF
Association. Rules Of Government
and BY Laws" OF the organization OF
which Mr.. Broadbent Is president. rs
above mentioned. The said articles
were signed by Mr.. James. the de-
fendant, along with perhaps l25 others
Of the leading and most progressive
land-owning users OF water from the
Colorado canal, and business men in
town. BY the advice Of Judge VnOr
hees. OF Pueblo. who drew said arti
cles, the association was neither in
corp0raied nor registered rs Il part
nership. but was left simply as CO.
operative body OF individuals having
like interests In all matters OF which
its board OF directors or members, AS
such, took cognizance.
Since the inception OF what is com
monty called the "Big Suit" In the
District court. the association. to
cover expenses, has found it necessary
to levy three assessments against the
so.called shareholders, aggregaLing
Sl.5O per acre for land holdings under
both the River and Twin Lakes sys-
TENS half that amount under river
rights only and an equivalent amount
ouaInsf hn knlHiu,fs ,lprnrlinT ~
subscription statement. 0f those sub
scribers who own no lands. MIR.
James paid one half the first ass-ss-
mpnt, but IN all else refused pay m"nt.
He having subscribed to cover 100
acres. the balance claimed l." be- due
was therefore 500, t"gether with
legal interest on deferred payments.
Briefly stated. the defense was. that
the ass',ciation being neither tnc"r-
porated nor registered AS II part ncr-
ship, had no capacity to sue or be
sued; that the action WIS not brought
In tn. individual names OF all the
members; that there being no Time
limit for the duration OF the aSS"cia.
ton. the contract by which 1t claims
to exist and do business Is void Ms
against public policy; that the liabil-
ity OF members was arbitrarily In.
creased by release 0f members VIII"
sold their land. moving away. etc,
aud that II 1. had he p'.wer I" sue.
defendant claimed Il srt-"N for ser
vices rendered for the association, Of
$500. -
There was M proof that any MEM
Der had ever been released from ini-
tial liability for all assessments made
to meet expenses incurred. nor was
there any evidenc. disputing the
claim In s.t.nH, therefore the case
rested "n the technical plea OF no
cnrporatiOn or partnership
In the articles uf association IT. was
shown that one provision was rs fol-
lows:
That the Board OF Directors,
through and by and IN th. name of its
president """ may prosecute and
defend any and AL actions or suits
necessary to protect the rights and
claims Of the Association for the ben.
etit OF members thereof" Under the
head, "Officers and their Duties" Is
the provision among many other
things. that 1T shall be the duty OF
the President to preside ao all meet
invs OF the - Board Of Directors
80 and to prosecute and defend all
suits brought BY or against said aSSO-
ciatiOn."
Holding that all subscribers were
bound to submit to pr"visi"ns made
and approved by themselves. the court
gave Judgment against defendant for
the full demand. including interest.
which totallcd $2I2.OO. against which
he allowed the set.ntf of s25 90. leaving
this, IT, Is said, the defendant will
appeal.
Whatever the final outc"In" "f this
case may be. It is certain that the de-
cisiOn here gave general Satisfaction
to "A large majority OF those who have
paid and are paying for water from
the Twin Lakes and Colorado canal,
and their friends and sympathizcrs
who have bought no water.
The Rig Suit" m"niI Toned j. tn"
action BY which II is souGh TO have
authorita' lively defined aud established
the rights OF water users under II court
officer II necessary: and while there
has been n strong effort made. through
the New Era. Pueblo Chi"ftain and
other channels nf publicity. apparent-
" BY those more Interested IN the