davidaulloa/AmericanStories huggingface dataset:
Imperial Valley press., 1913-05-28

from attempting to sever the Mexican
portion Of the system from the rest
by sale and conveyance under the judg-
ment Of the court in Mexico.
Thus it will be seen that if this
Judgment is maintained condemna-
tion suit will expose the district to an
assessment for the physical value Of
the part Of the system above the line
and also for the damages to the portion
below the line caused by the severance
Of that portion: while. at the same
time. the district could not acquire the
stock of the Mexican companies or
either Of them, and thus would get no
benefit for the damages assessed for
the injury caused by the severance of
the two portions Of the system.
Third. if. however, the supreme
permit the Southern Pacific Company
to proceed to sever the portion of the
system below the line from the rest.
and to take title to it under the pro-
ceedingS in the Mexican courts in the
name of the Mexican corporation or
ganiZed for that purpose. then condem-
nation would involve only the property
above the line and not any damages
to the property below the line caused
hN me severance through cOnueIilla-
ton: inasmuch as the severance would
have been caused by the proceedings
in Mexico. In case Of the modification
Of the Judgment Of the superior court
50 as to permit the title of that part
Of the system below the line to be
vested in a Mexican corporation, the
district would deal directly With the
Mexican company and the Southern
Pacific Company controlling it for title.
Fourth, consent of the Mexican gov
-rnment would have to be secured to
the taking of the title to the Mexican
part of the system. This, under ali
proper safeguards to the jurisdiction
and obedience to the laws of Mexico
in the management of the system be-
low the line. in our Judgment should
~ insisted upon. To this end the aid
Of the state department and Of our
own state should be earnestly and in
sistcntly invoked: and the district
should he content with nothing else.
The intervention of the Mexican cor
puraiion is impossible under our con-
stilution. and is an awkward eXpedient
at best: the district ought to insist upon
having the title in itself
Fifth. until the board reaches The
that an all-American line IS
Imperial Valley press., 1913-05-28

not altogether ruin, the value of the
balance of the system" Opinion en-
titled Insurance and Trust Company
vs.. California Development Company
et al
To the extent that it is true that
breaking up the integrity Of the irri-
cation system. by taking the title to
the part north of the boundary line
by condemnation. would impair the val
ue of the portion below the line, the
damages caused thereby under the law
would be recoverable by the California
Development Company. That is to say.
in the condemnation proceeding there
would he assessable the value Of the
portion Of the system above the line
and the damages to The portion below
the line caused by the severance. See
subdivision . Of section 1913, code Of
civil procedure, which is as follows:
The court. jury or referee .
must ascertain and assess: if
the property sought to be condemned
constitutes only 4 part of a larger
parcel, the damages which will accrue
Ia the portion not sought to be con-
demncd. by reason of its severance
from the portion sought to be con
drmned.
The judgment in the Title Insurance
and Trust company suit treats the
property of the irrigation system of
the California Development Company
a. an indivisible whole: and to that
end orders the sale of the physical
property above the line and of the
stock Of the Mexican companies. i'll one
or the other of which the title to the
portion of the system below the line
is vested: and enioinS the Southern
Pacific Company and all other parties
Imperial Valley press., 1913-05-28
Yuma5 and Their kurook

Yuma sun: The Yuma Indians are
planning a kurook, as they call their
memorial celebration, which is to take
place about the last OF this month. 1t
is the custom Of the Yumas to hold a
kur0ok at least once a year. usually
in the early fall, but once in a while
in the late spring or early summer.
AS all Of our older residents who are
well acquainted with the tribe well
know, the Yumas try to forget their
dead and after the funeral ceremonies
do not mention the names Of their de-
parted loved ones and become indig
nant at hearing any one call their
names, except at the kurOOk. At the
celebration they talk of their departed
friends and relatives and weep and wall
ir a depth of grief as manifestly sin
cere as they talk to each other Of their
acts and character Their orators make
addresses concerning their past history
and they give simple but striking theat-
rical performances of the heroic acts of
their ancestors. On the last day wood
en- images are set up and religious cere-
monies performed before them.
Imperial Valley press., 1913-05-28
DISTRICT COUNSEL AGAINST
CONDEMNATION Until A
DECISION Is RENDERED

Attorneys Halnes and McPherrin at
an adjourned meeting OF the board of
directors of the irrigation district sub
mitted the following important opin-
ion:
May p. 1913.
The Honorable Board Of Directors of
Imperial Irrigation District:
Your counsel submit for your con-
slderatlon the following opinion upon
the matter of condemnation proceedings
by the district to acquire The irrigation
system of the California Development
Company:
FIRST. condemnation suit i'll our
opinion can be maintained in any court
OF the United States only to condemn
and acquire the portion Of the system
physically situated above the line.
The stock Of any Mexican corporation
IN which is vested the title to the prop
erty below the line cannot be purchased
ny the district, either under cOndemna-
ton proceedings or upon private or
Judicial sale, for the reason that the
constitution of the state contains the
following provision in article / section
81. to wit:
section 3i.-The legislature shall
not have power to authorize
lne state. or any political subdivision
thereof. I" subscribe for stock. or to
hecome stockholder in any corpora
tion Whatsoever"
This is subject To the ratification
Of assembly amendment No. 81 Of the
fortleth session of the legislature of
California
Second. condemnation of the portion
Of the system above the line would. as
held by Judge Bordwrl. ''impair. if
Imperial Valley press., 1913-05-28
Warren Reported at caiexIco

San Diego Union: Jack Warren, for
Inerly captain Of detectives on the local
police force, who disappeared more
than six months ago under a cloud
raised by his alleged connection with
the disappearance of diamonds recov-
cred by his detective agency after a
iowel robbery at the U. 6. Grant Hotel,
has been seen at Calexico, it was re-
ported at police headquarters vester-
day.
The man who recognized the former
san Diegan says that Warren was on
the American side Of the line when
seen. 'He could easily have been ar
rested" said the informant. whose
name the police refused to divulge.
Several months before he disap-
peared Warren left the services Of the
city and started a detective agency
He was employed by the L. s. Grant
Hotel management to trace valuable
jewels stolen from the hostelry and
he and B. B. Rose, a detective asso-
ciated with him, located part of the
loot in a pawnshop in Oakland. Be
fore the jawels We're restored to the
owners Warren disappeared and officers
acting under instructions from the dis
trict attorney, searched a safe in the
detectives office in the American Ma
tional Bank building and found about
$1,000 worth Of diamonds, some Of
which were identified as having been
among those stolen from guests at the
Grant. Other jewelry was found in
Roses room.
About week ago a San Diegan who
knew Warren met him at CaleXico
After making inquiries the man found
that Warren had been making frequent
trips across the border and to distant
cities in the East. Authorities near
Calexico probably will be notified of
Warren's presence there. He is still
wanted here on a charge of having
failed to provide for his wife and chill
dren, whom he deserted here.
Imperial Valley press., 1913-05-28
Roosevelt Libel Case
tBY UNITED PRESS ASSOCIATrONSl

MARQUETTE. Mich, May 2S.-John
Callan O'Loughlin. newspaper man.
testified in the libel suit brought by
Theodore Roosevelt against Editor
Ncwett. who charged the colonel with
intoXicatiOn. that Roosevelt never
mixed his drinks"
0LOughlin declared he accompanied
Mr.. Roosevelt in Africa. and said, mot
OIL! did ] never see him under the
influence Of liquor, but | consider it
absolutely silly for any one TO bring
such a charge"
The witness insisted that Roosevelt's =
custom Of serving wine at the White
House did not vary from that Of his
predecessors.
On cross examination Of OLoughIin.
Newett's attorney. Bolden, attempted
to drag in R0Osevelts row in Rome
over his visiting the pope. but the
court promptly ordered him to cease.
OLOughlin then asserted hOtly that
every reputable newspaper man knew
the reports that Roosevelt drank to
excess We're lies.
The defense indicated today that it
expects to prove that Newett. in print
ing the charges against Roosevelt. re-
peated stories currently reported and
generally believed. In a long argu-
show Newett's publication Of these
stories was not malicious and declared
Roosevelt had demanded no retracton.
During The noon recess the jury tried
TO parade Main street. accompanied by
guards. declaring il needed exercise
Judge Flannigan shoOed them back to
the court house. The court room was
packed at The afternoon session and
The doors locked. Attorney Pound. for
Roosevelt. finally announced that he
would waive all teehncalities. permit
ting Newett's counsel to go as far as
he likes.
ST. LOUIS. May 2S.-President
Lambert Of the St. Louis Aero Club
has wired Colonel Roosevelt at Mar
quette offering him the use of a mo-
tion picture film Of his aeroplane flight
here with Hoxey. which he declares
corrobOrates RooSevelt'S denial that he
was drunk that day.
Imperial Valley press., 1913-05-28
C0R0NER'S JURY |NQU|R|NG
INTO LONG BEACH DISASTER
tBY UNITED PRESS AssocrAr1oNs1

GBY UNITED PRESS ASsOCIATIoNsl
LONG BEACH, May 28.-Fifteen
subpoenas will be issued today by Cor
oner Heartwell, summoning residents
of Long Beach to testify at the cor
oner's inquest, which begins tomorrow.
These are in addition to witnesses sum
moned to identify the bodies. The in
quest will be adjourned over Friday on
account Of Memorial day.
City Attorney Long is preparing an
ordinance which, if passed, will pro-
vide for a special tax Of 10 cents on
800 valuation to meet the SITUATION
resulting from Saturdays catastrophe.
4 special committee is handling the
$1,000 relief fund already realized. This
includes members Of the Sons Of St.
George, the British order. in charge
of the Empire day celebration, during
which the accident happened. Much
public sentiment is in favor OF the
entire demolition Of the auditorium and
wharf and the building Of modern
structures
Imperial Valley press., 1913-05-28
UNDER THE ARcADEs

G. H. Redwine of Riverside has been
added to the sales force Of Nance &
Fisher.
The Delta Implement Company made
a big record in placing grain harvesting
and threshing equipments this year.
w. S. Nance will leave for Los Ang-
eles tonight to meet factory repre-
sentative OF the Benjamin Clothes Com
pany. Mr.. Nance expects to. place 8
fall order.
Mr.. Reed, representative of the Pa.
citic Hardware and Steel Company, is
in the valley for short time looking
after the interests of his firm. Within
short time Mr.. Reed expects to make
El Centro his permanent home.
Imperial Valley press., 1913-05-28
Political Material

TOXIC, May 2S.-Political capital is
being made Of the passage Of the Cali
fornia anti-alien land bill. After a con-
ference with Count Katsura, who is
recuperating from illness. the execu-
tive committee Of Katsuras new party
declared the present cabinet is unable
to settle the California question and
that the new party had decided to
spread its own propaganda in regard
are using the California matter to dis
credit the YamamotO ministry. The
cabinet appears safe, however, because
of popular reforms instituted.
Imperial Valley press., 1913-05-28

An immense amount of paving Is
being lined up for the city trustees
for work to begin early in the fall,
and within another year Ell Centre will
be as notable for its beautifully paved
streets as it is for its general progress
siveness in all lines.
The work now in hand will be fin
ished about July and will cover all
the business district as it stands at
present, but much more paving will
be done next season than has been
this.
1t has been on the program to con-
tnue the paving Of Main street west
wardly to the city limits early in the
fall. and there is no change in this.
1t is also expected to extend the work
eastwardIy a half mile further than
Imperial Valley press., 1913-05-28
e. CENTRIC CALIFORNIA EVENING" MAY 2s 1s13
GREAT PAVING CAMPAIGN
IN HAND FOR THE FALL
COVERS SEVERAL STREETS

under the present contract, to the Dog
wood canal.
Petitions are now before the board
for paving other streets as follows:
Fifth street south to the city limits
and north to the San Diego and Ari
ZOna railroad.
Sixth street, the same
Fourth street, Broadway to State.
Seventh street, Main to the park
Broadway, Sixth to Eighth and Fifth
to Fourth.
1t is also proposed. though formal
petition has not been filed, to pave Olive
avenue from Fifth to Seventh at least.
This program carried out will bring
practically the entire residence portion
Of the city within at least a block Of a
paved street leading to the business
district
Imperial Valley press., 1913-05-28
Rain on Coast
(BY UNITED PRESS ASSOCIATIONS

IBY UNITED PRESS ASSOC1ATIONS]
Los ANGELES. May 2S.-Southern
California generally has received light
rainfall during the last ts hours The
precipitation here was 05 OF an inch
making 1884 for the season. River
side reported %. beneflting the ranges
and growing crops. but injuring stacked
hay. Redlands got .18.
SAN FRANCISCO, May 2S.-Cattle
men in Northern California believe the
general rains here are highly beneficial
but they may cause slight damage to
some crops
Imperial Valley press., 1913-05-28
ALL BUSINESS HOUSES TO
DO HONOR TO THE DEAD

Rendering sincere honor to the liv-
ing and dead whose services to our
country rendered possible the unity and
concord which establishes us as a ma
ton, and in patriotic loyalty to all for
which their sacrifice and devotion
stands, we, merchants Of Ell Centro,
hereby mutually resolve to close our
respective places of business for the
whole day on Friday. May 80, observing
it fully ip the letter and spirit of the
national Memorial or Decoration day.
Roy L. Rumsey.
B. Solomon & Co.
Preston & Mccartney.
Valley School Supply, Albert Durham.
Paul J. Ehmke.
Martyrs Department Store Unc).
W. NJ. Michaels.
William Kelly.
Ell Centre Seed and Nursery Co.
A. w. Holdzkom.
Holton Power Company,
Julian & Wilson.
First National Bank of Ell Centro
Swanson Printing Company.
Villa Farms Investment Company
Delta Implement Company.
G. Watkins.
H. F. Davis Creamery.
Davis e SeitZ.
c. E. Sprouse.
FL Centre News Company.
Imperial Title Guaranty and Bonded
Abstract Company.
J. d. Eads
Alcorn Rubber Company Unc.).
The Ell Centre National Bank.
Varney Bros. & Co.
Roy Moorman & Co.
Nance & Fisher.
Valley Electric and Repair Company.
Peoples Abstract and Trust Com
pany.
Ladies' Toggery.
Irwin & Ritz.
Imperial Valley Hardware Company.
Harrison Land Company.
The New York Store
C. A. Hartigan.
Valley Shoe Store.
Ross & Stuart.
Enterprise Grocery Company.
The Ralston Collier Company.
We pay the highest market prices
for hides and peits. Green BrOs.-Adv.
Imperial Valley press., 1913-05-28
CITY CALLS ELECTION
FOR WATER EXTENSIONS
TO SUPPORT GROWTH

At the regular meeting Of the board
of city commissioners last evening the
call for an election to issue bonds in
the sum of $4,000 passed its final
reading and the election was called
for June Q. The official notice of this
will be published later
The extension Of the water service is
a feature of the amazing growth of the
Imperial Valley press., 1913-05-28

city in population and in area, and until
this work can be completed there will
be portions OF the city which cannot
be given satisfactory service
New territory has become thickly
populated and old territory has so out
grown its equipment that there is no
avoiding this bond issue, which un-
doubtedly will be carried by a prac-
tically unanimous vote.
Imperial Valley press., 1913-05-28
EUROPE FEELS THE MENACE
OF 4 new BALKAN WAR
fBy UNITED PRESS ASSOCIATIONS

VIENNA, May 2S.-Fearing war be
tween Bulgaria and Servia and Greece
over the territory captured from Tur-
key. Austria has recalled all reServists
TO The colors. The situation is regard
ed as highly critical Bulgaria maintain
ing 10000 men under arms near Sofia
and reiterating the intention not to
recede from her position. Servia is
rapidly moving troops to the Bulgarian
frontier. II is reported the command
ers .carry orders to attack the moment
they are notified to do so from Bel
grade.
The Servian ultimatum to Bulgaria
has been ignored. 1t is believed GER
tain that if Bulgaria and Servia clash,
Greece will attempt to enlarge the lines
nj her holdings in the vicinity Of Sa-
lDnika as result Of the Turkish war.
Imperial Valley press., 1913-05-28
Presidential Elections

Try UNITED PRESS ASSOCIATIONSI
WASHINGTON. May 2S.-Congress
man Brten Of Illinois sought President
Wilson's support today for constltu-
tional amendment providing for direct
nominations and elections.
IT is asserted the president emphati-
cally approved the bill. but withheld
his specific endorsement. The presi-
dent called Briten's attention to his
record in the government Of New Jer-
sey. where he declared for presidential
Imperial Valley press., 1913-05-28
Emperor Recovered
fBy UNITED PRESS ASSOCIATION.

ASsSOC1A
TOXIC. May 28.-A bulletin posted
at the palace announces the
complete recovery of the emperor
from pneumonia. The bulletin stated
that while weak, the ruler has passed
all danger General rejoicing on the
streets followed the announcement. The
Of the empress. suffering from
fatigne incident to anxiety over the
enlperor's illness, is reported improved.
Imperial Valley press., 1913-05-28
Flood In Idaho


LbI UNI ED FNESS ASSOCIAIIONSJ
LEWISTON. Idaho. May 2S.-Water
in the Clearwater and Snake rives con-
tinues to rise. II the warm weather
continues serious damage is threat
ened. The false piers Of the Northern
Pacific bridge at Spaulding collapsed
and bridges at Kamiah and HOldbrook
island are in danger. Dynamite is be-
ing used to dislodge driftwOod Jams.
Imperial Valley press., 1913-05-28
Inrtics WishinY Storage Spac

We have leased the large sheet iron
warehouse formerly occupied by Hamll-
ton Supply Co. and are prepared 10 han.
lie any and all kinds OF storage bust
ness. See Pioneer Transfer Co. at office
or 9Th Just n. Of Main. Phone Main
Adv. II
Imperial Valley press., 1913-05-28
Grasshopper Army Advances
Y UNITED PRESS ASSOCIATIONS

CHICO, May 2S-A grasshopper
army is continuing to advance across
Eastern Butte county today, doing
heavy damage to orchards and Vine
yards and literally stripping the trees
and vines
Imperial Valley press., 1913-05-28
Mothers in Session
[BY UNITED PRESS AsSOCIATIONs]


DEhhELE NUN NItII IfIVI
than 100 delegates, the state convention
of mothers clubs and parent-teachers
associations opened today. Mrs. HUI
bert H. Rowell, president of the Cali
fornia Federation of Mothers Clubs,
presided
Imperial Valley press., 1913-05-28

The Pioneer Transfer Co. Is prepared
to handle your baggage or any kind Of
dray work at reasonable prices. Of
fee on Fifth street Just north OF Main
street. Phone Main ADV. IL
Imperial Valley press., 1913-05-28

Elmer A. Todd will receive piano
pupils for summer class at any time
studio Davis Building.-Adv.
Imperial Valley press., 1913-05-28
r. n. M'PHERRIN.
AT,rDRNENS INSTRI1CTED

on motion. the attorneys We're in
structed to proceed with negotiations
with the claimants against the Califor-
MA Development Company property
with a view to finding basis for
mutual agreement Of all parties for
The acquisition of the irrigation supply
system by The people Of the valley.
The attorneys We're also instructed
to protest to the department Of the
inferior against allowing any further
appropriations Of water from The Colo
/ ado river until the international com
mission has reported and also against
limiting the amount Of water to be
diverted to the Imperial valley.
Imperial Valley press., 1913-05-28

feasible. we are Of the opinion that
condemnation proceedings should not
te had. Also that the interests Of the
district require that in any event. so
far as now appears, condemnation pro-
ceedings should be postponed until ii
i, ascertained by the judgment of the
supreme court. in the appeal from
Judge Bordwell's judgment. as to
whether the Southern Pacific shall he
allowed to effect severance of the por-
lion of the system below the line from
,ha, above. Respectfully submitted.
HAJNES
Imperial Valley press., 1913-05-28

Mrs. W. E Cox, music teacher. cor
ner Fifth and Ollve.-Adv. II
Imperial Valley press., 1913-05-28

Before selling your hides and peli-
see Green BrOs-Adv.
Imperial Valley press., 1913-05-28

We pay the highest market prices
for hides and pelts. Green BrOs.-Adv.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1913-06-18
North Hyde Park

The Valley Hall Company will have
teir annual Fourth of July ball at Val.
leg Hall. Particulars next week.
Rev Mr.. Bowman has been engaged to
c'ntinue as pastor of the CoGg'l church
aaother year. The parson has great
many friends here and all are glad to
have him remain.
The violent wind storm last Monday
eveLing broke tops and large branches
'Iom number of trees about the village,
but did 20 serious damage to buildings.
An automobile had a narrow escape from
tree which fell across the road near
Guy Newton's house.
The services of Children Day were
held at the Cong'l church last Sunday.
About thirty children and young people
Participated in a program, which was
most acceptably given. All parts were
we'll taken and the service credit to
those who took part and to those who
trained the children in the preparation of
Rotations and songs. Thanks are due,
also, to older members of the community
who assisted in the choir.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1913-06-18
COUNTY COURT

Court took a recess last Thursday un-
til Tuesday, the Gath, when some UNI
finished business will be taken up.
In the case OF w. T. Slayton VS.. II. J.
Stevenson Of New York the court heid
that Slayton could not trustee the Sloo
which he had trusted, as the sum be-
longed to Mrs. Stevenson, but held that
Stevenson owed for rent on his cottage
and gave Slayton judgment for amount
due.
In the case OF w. T. Slayton against
c. F. Smith, Morrisville parties, the petit
ton for injunction restraining the deposit
of sewerage in Ryder brook of that town,
settlement was affected by Slayton
agreeing to pay half the expense OF put
ting in cesspools for the four parties
interested.
Florence S Allen of Waterville was
granted divorce from Charles l.. Allen
for intolerable severity.-Fleetwood Tor
petitioner; Maurice for petitionee.