Imperial Valley press., 1924-05-03
Valley Citizens
Pledge Funds to
Cover Amounts
Continued from mage "

\COHtlUUSQ from page ~
tee TO solicit personal promiSSorv
notes Of $50 denominations from
landowners in the valley. Nineteen
of these notes were signed before
the adjournment Of the meeting.
The notes are to be signed by in
dividuals and placed in escrow as
security for the banks, not To be
taken up unless an injunction re
straining the directors of the Trriga-
tion District is prosecuted. If there
is no order handed down by the
court restraining the directors of
the district from payment of the eX-
penses of delegates ut Washington,
the notes will be returned to the
signcrs and they will be freed from
any responsibility Of payment.
1t was explained by Mr.. McIver
that the Irrigation District pays its
accounts through these registered
warrants which must be taken in
their turn, as funds are available.
The warrant received from Col Fly
cannot be paid by the district until
the warrants preceding it are paid.
At present they total approximately
$12l, 900.
He read report of Ray s. Car
berry, chief engineer of the Irriga-
tion District in which it was stated
that water rentals collected in April
from the Mexican company totalled
81. 600. 1t is expected that water
rentals for May will reach about
$4,000, so that il would take ut
least two months before the war
rant in question would be paid any
way. IN the meantime, it is neces-
Sarv for the bills Of the delegates
at Washington to be financed, and
since the banks have refused to
take the risk Of becoming involved
in litigation over the payment of
expenses of delegates of the dis
trict, some other means must be
taken.
The question as to whether or
not the district can legally eXpend
money to promote the federal legis-
lation known as the SwingJohson
bill, is the one upon which the en-
tire problem rests.
IN q formal opinion on the matter
by the Irrigation District attorney,
Charles l.. Chiiders, which was read
by Mr.. McIver yesterday afternoon
to those in attendance at the meet
ing, attention is called to court
opinions on such matters. The opin-
ion in part reads as follows:
II. 'v.TL { Il
-, l.. Ell. 623, the court said: We
entertain no doubt that in such
eases, rs under all other circum-
stances, an agreement, expressed or
implied, for purely professional SER
vices is valid. Within the category
are included drafting the petition
to SET forth the claim, attending TO
the taking Of testimony, collecting
facts, preparing arguments, and sub
mitting them, orally or in whiting,
to a committee or other proper au-
thority. and other services o. like
character. All these things are III
tended to reach only the reason Of
those sought to be Influenced. They
rest on the same principle Of ethics
as professional services rendered in
a court of justice, and are no more
Efforts Are Proper
"There seems TO be no doubt
under the authorities but what the
efforts which have been made on
the part Of the Irrigation District
to promote this federal legislation
are entirely proper unless the ma
ture of the Irrigation District Is
such that the limitations on the
power Of the board would preclude
such expenditures.
1--WE have found that it is the
duty of the board to manage and
conduct the business and affairs of
the district, employ and appoint such
agents. Officers and employees as
NAV be required and do any and
every lawful act necessary to be
done that sufficient water may be
furnished to each landowner III the
district.
..If 1t is proper in any event to
spend money in furthering this leg
islation then in determining Wheth-
or the district can spend its funds,
there are Just two considerations;
lis it necessary or proper in the
performance of the contract with
the United States, or is il necessary
that sufficient water may be fur
nished to the land owners! The
board Of directors has answered this
question in the affirmative and
there seems 10 be sufficient reason
to Justify the exercise of that dis
cretion.
"The second consideration is
III NyyyzT A U1nFTnTi