Imperial Valley press., 1921-01-07
JUDGE: CURTIS
THROWS OUT
INJUNCTION
ROAD SUIT
Road Work Will Now Go
On; Appeal to be Taken;
County Acted Legally Ac-
cording to Judge Curtis;
Some Small Irregularities

Although Judge Curtis found
that there had been small irreg-
ularitles in the proceedings of the
highway commission and the
board of supervisors between the
time the bond election was called
and the award was made to Pet
erson, Dillon and Patterson, he
held that these showed no eti-
dences of dishonesty and that the
entire work had been done in good
faith and therefore rendered his
decision in favor of the county and
the contractors.
No decision which the Judge could
have given would have been more
popular with the general public as
the road suit has been the subject of
regret by a large majority of the
people who are desirous of riding on
the roads,
The Judge held that although the
minutes of the board of supervisors
had been changed, that although it
had been shown the specifications
were not on file at the county engi-
neeTs office and that although GER
tain other things had been shown.
that these were trivial and not of
sufficient worth to throw out the
contract, honestly entered into and
honestly executed in good faith thus
far.
The judge ordered that the de-
fendantS recover the costs of the
suit.
After the bitter legal battle no one
was more pleased than District Attor-
ney E. z. Simon and his aides, whose
reputation, almost was at stake on
the advice they had given the board
or supervisors.
District Attorney Simon, following
the decision of Judge Curtis said.
There was never doubt in my mind
as to the ultimate result of the suit
| was confident from the start. As
will recall" addressing The Press re.
porter, 'the decision is in line with
the approval | gave the board of su-
Pervlsors last year when ! was called
IN to pass upon tie validity of the
contract. 1t was only after | had
gone into the subject from every con-
celvable angle that | gave my opinion
to the supervisors. | believed than
that the contract was valid and the
hndlngS Of the court last night are
nothing more than | expected from
the beginning"
+. r. Young, Los Angeles attorney
who with Joseph Seymour has beer
conducting the case against the coun-
ty refused to make public state
ment and jokingly turning to Mr.
Simon said, We'll you beat us here
but you haven't heard the last of us
/ yet. Mr.. Seymour announced his
intentions Of appealing the case to
the appellate court of the state as
soon as the transcript has been pre-
pared.
II. ii. Peterson, senior pardner in
the firm of Peterson, Dillon and Pat
terson company, who have indebted
themselves many thousands of dol
lars within the past few months in
good faith, on receiving the contract
for the building of the Imperial
county highways, sat patiently
throughout the trial. AS the closing
hour drew near an expression of
doubt seemed to pass over his face.
When Judge Curtis started to award
the decision it was impossible to de-
termine which way the case would
turn. Mr.. Peterson's face paled and
/ he listened with intense interest to
every word the jurist had to say.
With a word or two to the affirma-
tive Petersons face sparkled with a
new light and smile continuously for
the remainder of the evening.
When asked when work would be
resumed on the construction of the
Imperial county roads, he answered
Immediately. The people of Impe-
rial Valley are anxious that the high
ways shall be completed and we are
likewise anxious to finish the work.
1t will be rushed with the endeavor
of completing the work on schedule. "
Judge Curtis wasted no time after
the closing argument in rendering
the decision. He said, 81 know as
much about this case tonight rs
= will probably know tomorrow morn.
!; ing or next week and | see no reasoe
Il why it can not be brought to close
at this time" Andthen after II
c minute talk, in which he highly com
: plimentcd f. Il. Young as an attor
: ney, he gave the decisions according
" to his convictions.
=, Probably the individual legal ligh
> Of the conflict who turned defeat int
. u victory for the defendants wa
y Charles +. Crouch, of San Diego, rep
H. resenting the National Contractor