Semi-weekly herald., 1912-07-08
LITIGATION NOT CLOSED.

LITIGATION NOT CLOSED.
The Florida Irrigation District was
organized early in the year of 1910.
81 100000 of bonds were issued and
placed in the hands of the trustees in
Chicago to be paid out on the order of
the district.
In July contract was made with
the Pioneer Construction company by
which the district acquired certain
water rights in the Florida river. The
construction company was to build a
large reservoir, concrete headgate and
enlarge the Florida canal to carry 2O5
cubic feet of water per second of time
with which to irrigate $4,000 acres
of land on the mesa, in consideration
of the total issue of the bonds to be
turned over to them as the work pro-
gressed.
Late in the year 1911. by agreement
between the district and the construc-
tlon company, in order to reduce the
bonded Indebtedness, a new contract
was made, eliminating the reservoir
and cancelling $500, 900 of the bonds
issued, leaving the total cost of the
system and water rights, to the dis
trict, s54O,OOO.
Under this new contract, the com
pany partially completed at. a cost of
about 100000 the work, and bonds to
that amount was turned over to them
under the contract.
Last fall proceedings in quo warran
to to dissolve the district were begun,
which action the district refused to
construction company as concfae'h4
and Clarence Dorst, one of the bond
holders, the court permitted a de-
fense to be made upon their part as
intervenors and answers were filed,
setti. g up all steps taken in the or
agnization of the district, the making
of the contracts and the issuance Of
bonds as above stated.
The parties instituting the quo
warranto proceedings filed their de-
murrers to the answers of the inter
venors, and, upon the argument of
| the demurrers before Judge Pike,
took the position that the irrigation
district law of this state is unconsti-
tutional and void because of the pro-
vision that all voters in the district
at election for directors must be tax
payers and owners of lands in the
district; that the constitution of Colo
RADIO does not require that voters al
elections for public officers in this
state shall be property owners or tax
payers; that the directors of the irri.
cation district are public officers
The constitutionality of the law re.
garding the residence of voters wal
also brought to the attention of the
court.
On June Ia, last, Judge Pike sus
tanned the demurrers on the grounC
above stated, but gave the intervenori
until July l to elect whether the!
would stand on their answers o
amend. Instead of electing they file'
motion asking for rehearing ol
the demurrers and an opportunity T.
file briefs on the question Of the con
stitutionality of the law.
Yesterday the motions came up 70
hearing before the court and wer
overruled. The intervenors then ask
, ed for 20 days to file answers, whic
. was refused by the court and judp
mcnt was rendered dissolving the dis
trict. A writ of custer of the di
rectors was authorized. The inter
venors excepted to the ruling of tn
court and asked for a 30 days sta
] of the proceedings and in which tim
to file bill of exceptions, which r'
\ quest was granted by the court.
S We are advised that an appeal ,
e the supreme court will be prompt
d prosecuted and that a supersedes
e will be requested to stay the dissolt
ton Of the district and the custer {
the directors until the question can |
,. passed upon by the supreme court.
u We are also informed that the d
e cision will not interfere with the pr
: position of settlement and the ne
s. contracts for water rights, now b
e ing made with the farmers on II
l. Florida mesa.