Arizona sentinel., 1917-05-24
BOARD OF GOVERNORS OF WATER USERS ASSO.
 CLAYTON DECIDE ID SUE UNITED STATES

proceed enon Secretary Lane from enforcing the
 public notice issued last April G. which places the structon charges the second unit Yuma Valley $75 and 75c per foot for water used in irrigation.
 It long fight those owning lands in the South Gla unit being particularly anxious that the injunction proceed ngs be begun without further delay The Giaites lee by Attorney T. D. Mooy William Kryger Mr. Ingham ano several others while Senator Muord Winsor member of the board of governors fought the injunction propos
 on from finish He, like practically every other land the project thought the price much but he unateraby opposed beginning lawsuit with the government until the very last had been exhaust ed to settle the matter amicaby of The upshot of the days proceedings that resolution adopted sructng the board go right ahead and engage attorneys for the legal battle Each is be assessed thirty cents to start with and the attorneys the then and that event they to receive $ per which that every the North Ga the South Ga and Yuma Val ley will be called upon to pay this attorney fec
 My friends on the project know that have personally opposed this idea of lawsuit with the government all times For upwards of two years have given the mat my undivided and painstaking When porting for the Yuma Daily Examiner staff writer
 had frequent occasion to refer to this prospective lawsuit advised against it then just as do now for earthly chance to win any favor by of lawsuit AL most the identical points that must be decided here have a ready been decided in the United States supreme court originating the Yakima Project Sunnysde unit, This known as the Baker Swgert Baker refused to pay his operation and charges and Project Manager Swger gave orders shut his water off, Baker went into the federal court and sought injunction He the lower court but the supreme reversed the and gave judgment for the project manager In the course of the lengthy decision the supreme Mr Jus tice Lamar) among other things said
 "The Sunnyside unit of the Yakima Irrigation Project was so far completed 1909 that the secretary of the gave notice that would be furnished for irrigation purposes and that the charges would be in parts
 The statute provides that the cost of construction o the project shall be charged against the land within the m rigble limits The phrase is expressly defined and be- ing general in its necessarily limited build ing but may include the preservation and maintenance o what has been built For example authorizing the levy of tax construct held empower the city to levy for its maintenance Power construct dock imposed the duty of operating it. Permission con Struc internal improvements warranted the purchase of plan already built and authority road confer red power to maintain it.
 And as the government collected no interest the suit would be that if the cost of maintenance turned there would be and heavy diminon o the reclamation fund That fund the proceeds of pub lie land and intended be diminished for the bene fit of project but without increase by interest and diminished by local expenses again to be used for strucon of other works The of surveying those pro jecs which were not developed and the administrative ex penses chargeabe to any particular project might be repaid but these small to be negligible against the fundamental idea of the b that the proceeds of public land fund should be kept intact and again invested and reinvested for construction of irrigation works"
 The claim set up by my friends here on Yuma Project that of the high officials of the government assured them and assured Secretary of the Interior Hitchcock that the project could be constructed for exceed $40 per must remember that agents bind the govern ment to anything that not sanctioned by law The that signed obligated the landowners pay what