The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1920-05-28
INJUNCTION IS
GRANTED IN P[SHASTIN
DITCH CASE
RECEIVER OF PESHASTIN OR
CHARD DITCH COMPANY RE-
STRAINED. ORDER ISSUED Is
TEMPORARY.

World, May 81: Superior Court
Judge VIM. A. Grimshaw yesterday
afternoon granted temporary in
junction and restraining order in the
case brought by owners and users of
the Tandy ditch near Peshastin.
against the PeshaStin Orchard Ditch
company and S. p. Beecher as re-
ceiver for the company, to compel the
company and its receiver to deliver
water to the plaintiffs and to prevent
the said receiver and the company
from interfering with the rights of
the plaintiffs.
In the complaint which was fled by
Attorneys Corbin, Whitney e. Easton
in the superior court yesterday it is
alleged briefly that the Tandy ditch
was built and the water rights ac-
quired by w. f. Boston, Charles
Stage, Mrs. NJ C. Mckinney. J. c.
Baumgardner, C. A. Wright, +.
Pulse, Pete Larson, J. B. Belleau.
Walter Smith, Fred Nelson, Mrs.
Hugh Stewart, and Mrs. L. Lokell in
1907. The above plaintiffs state that
they have owned the ditch with all
its appurtenances ever since and that
no one else has ever acquired any
right or title to the same.
| Orchards Depend on Water.
The plaintiffs have about $50 acres
of land all in bearing orchard or al
falfa which depends entirely upon the
Tandy ditch for its water supply. For
several years they have had an
agreement with the Peshastin Or
chard Ditch company. which is owned
entirely by S. P Beecher, to take
care of the Tandy ditch and have
paid Beecher the sum of 81 per acre
for such work as water for the Pc
shastin Orchard Ditch company, also
carried through the Tandy ditch
The complaint further alleges that
on August 10, 1919, s. p. Beecher
acting for the Peshastin Orchard
| Ditch company executed to his bro
ther M. S. Beecher, a resident of Cal
| ifo,nia, mortgage for $4,000. COW
ering the Peshastin Orchard Ditch
company's property and also the
Tandy ditch, which is and always has
been owned by the plaintiffs, 50 it is
! claimed
On April 10, 1920, it is alleged that
NJ. S. Beecher went into the U. s.
district court in Spokane and asked
that the Peshastin Orchard Ditch
company and the Tandy ditch be de-
clared insolvent and that s. p. Beech
er be appointed as receiver for the
concerns under the mortgage held by
him, which was then due and delin-
quent
Receiver Appoined by Federal Court
Judge F. H. Rudkin accordingly an
pointed s. P. Beecher as receiver for
both the Peshastin Orchard Ditch
company and the Tandy ditch and as
such, s. P. Beecher has been in con
troll of the properties.
Plaintiffs further allege that
Beecher as receiver has refused to
permit the plaintiffs to put in meas
uring boxes or to take out water
from their own ditch for their own
| use.
Injunction is Granted.
They therefore prayed that tenn
porarv Injunction be granted to COM
pei Beecher as receiver to permit
them to install measuring boxes and
to take out the usual amount of wa
ter for orchard uses. A temporary
restraining order was also asked TO
prevent Beecher from Interfering in
any way with the ditch or the distri-
button of water from the same.
These requests were granted bv
the court and May 81 was set as tho
date when the question of maxine
these temporary orders permanent.
In order to enable the plaintiffs to
commence the suit, il was necessary
to secure permission to sue the re-
ceiver from the T. 6. court Judge
Rudkin was in California, 50 applica
tion was made tn Judge cushman IN
Seattle and the request was granted
by him.