Imperial Valley press., 1925-08-17
"A Advertisement
Records Show That ConkLing Was
Acting Attorney OF Record For
Southern Pacific Company And
Imperial Irrigation District

ton of NJ. W. Conkling as Chief Counsel of the
District has been rendered this board; and dt.t
''Where:s, by the terms of said resignation
his connection with the district in that capacity,
will September l.: ss
'Now, Therefore, BE 1t Resolved That our
assistant counsel Lieutenant-G Governor Esheman,
be asked to designate local attorney TO ad-
wise with the board, should it become necessary to
have legal advice in the absence of assistant
counsel; such arrangement, however, not to entail
extra expense the district until such time aE
there may be agreement with this board as &c
additional compensation for legal servoes.''
The motion to adopt the foregoing resolution
was offered by Director Hamilton, who moved its
adoption:
THAT accept Attorney Conklipg's rcsie-
nation, but that he be retained consulting at-
torney.''
The motion to adopt the foregoing amendment
was duly seconded by Director Bennett, was stated
to the Board roll call der anded resulting as fol-
lows: Bennett, Yes; Ferguson, No; Hamilton, Yes;
Mcbride No; Motion lost.
Roll call was then demanded the original
motion, resulting follows: Bennett, No; Fergu-
son, Yes; Hamilton, No; Mcbride, Yes. The mo-
tion lost.
ATTEMPT TO wEAN coNKLMG
On September 2S, 1915 the following resolu-
ton was adopted It will be noted that the action
was taken after the Southern Pacific contracts had
been completed and signed:
"Resolved, the Associate Counsel John NJ.
Esheman, shall have sole charge of all legal af-
fairs of the district, involving in any way direct
ly or indirectly, the relationship of the district
with the Southern Pacific Company
On October 30, 1915, the following resolution
was presented to the Board and voted down:
Whereas, this Board the 9th day of
April, 1915, raised the salary of NJ. w. Conking
chief counsel from $4,000 per month to $4OO 90
per month; and
Whereas the chief reason for said raise in
Salarv was additional contemplated work in con-
nection with condemnation suit against the
California Development Company; and
Nv heroaS said action in
advanced further than the passage by this board
or the resolutions upon that subject set forth
by the minutes of the meeting of April so, 1915;
and t4i d
''Whereas, this Board by resolution upon the
2Sth day of September, 1915, placed ell legal mat
tiers that have to do with dealings with the
Southern Pacific Company in the hands of AssO-
ciate Counsel John NJ. Eshleman thereby redue-
ing to q Very appreciable extent the work of our
chief counsel:
Therefore, Be 1t Resolved, That we believe
the former salary of Counsel M. w. Conkling is
ample remuneration for the services he now call
ed upon TO render the district, and said salary is
accordingly reduced $4,000 per month, effective
November l, 1852
Said motion to adopt the foregoing resolution
was duly seconded by Director Mcbride and stat.
ed to the Board by the President.
Roll call was demanded, resulting as follows:
Bennett, No: Brockman, No: Ferguson, Yes; Ham
ilton: No; Mcbride Yes Motion lost.
That Mr.. ConK1ing again mixed into the South
ern Pacific and District transactions is evidenced
pV the minutes OF the meeting June l 1916;
the following motion was carried by the Board.
Moved by Director Brockman and seconded by
Director Ferguson that Mr.. Conklipg be instruct
ed to engage the services of Hon. Y Sepulveda as
associate attorney IN connection with the proposed
transfer to the district of the Mexican portion of
the California Development Company system. Mo.
tion prevailed.
1t was not until September 90 1916, that a mo-
tion accepting Mr.. Conkling IS resignation was car.
RED by the Board. His regime attorney for
the District ended the next day.
The foregoing actual records show conclusive.
" that Mr.. Conkling was instructed to participate
in and did take part in negotiations resulting in
the purchase of the c. D. system from the South
ern Pacific, while he attorney for the Dis
trict and Attorney of Record for the Southern Pa
cific company, at the same time.
For those who still skeptcal about Mr.
Conkllng s connection with the Southern Pacific
contracts, there on file in the Irrigation Dis
trict offices, the original contracts bearing large
number of notifications and internear changes
done in Mr.. Conkling's own handwriting
ACTUALLY SERVING BOTH MASTERS
The records now on file at the county clerks
office show that he appeared in court for the
Southern Pacific Company in cases tried during
this period +'.i|f'
On April IA, 1914 the register of civil actions
show that ATTORNEYS Conkling and Brown filed for
the Southern Pacific Company in the ease Of
George A. Afford, Walter Afford, E. c. Bailey i,
l.. Bonham, ct al VS. the Southern Pacific Com
pany. Ed
Oh May ~, l9l4, action was filed in civil de-
partment by Reuben Erickson VS.. the Southern Pa
cifie Company. Conkling and Brown were at
tornevs for the Southern Pacific Company. fi
On February 10, 1915, Conkling and Brown
appeared for the Southern. Pacific Company in the
case Alpheus T. Waite, ct al, VS.. the Southern
Pacific Company. tF rs ~
On April so, 1915, Conkling and Brown APP
reared in the action of t. D. McKuhan vs. the
Southern Pacific Company tts
That is all that need be said with regard to
Mr. Conklings record with the Imperial Valley
cltlzenry. 1t is the truth. It is warning. No
who is familiar with the situation in 1914 and
1915 and the purchase OF the California Develop
ment Company system from the Southern Pacific
Company will deny that it tremendous
bungling of business far as the district is
cerned. The people paid fully a million dollars
more than they ought to have paid. Their rights
were not protected properly and the ring of asso-
ciates around Mr. Conking must be held respon-
sible.
The same situation is confronting you now
You are on the verge of acquiring tho greatest as
set in the United States for your The
Colorado river is your last great natural resource
hat