Southwest Washington labor press. [volume] (Hoquiam, Wash.) 19??-19??, 1926-03-05
AN APPEAL BY MAYOR
AND CITY COUNCILMEN



Continued from page onsl
day of December, 1928, submitting
such combined water and power prop
ositions. At the election 3 majority
Of the qualified voters at such cleo
ton voted IN favor Of such Develop
ment.
1t was then believd, after the peo-
pie Of the City Of Aberdeen had voted
for the development Of the Wynoche
Water and Power Project, that It's de-
velopment would in the course Of
time, become reality.
However, no sooner had the people
voted for such combined water and
power development than an action
was brought to enjoin the develop
ment of such project, on the ground
among others that the people should
have voted separately on the water
and on the power.
After, over years litigation, It
was finally decided by the Supreme
Court that such propositions should
have been submitted separately to the
voters.
After the people had voted for
such combined water and power de-
velopment, J. E. MalinowsId made an
assignment to the City Of his rights
on the Wynooche. Such Assignment
was delivered TO Mayor Bailey, sub
ject to acceptance by the City Coun-
ell on the following Wednesday night.
On the night that such assignment
was to be accepted the Mayor and
City Council were restrained from
doing so by a temporary restraining
order.
Then the City filed an application
with the State Supervisor of Hy-.
draulies for the water and power
rights on the Wynooche river.
It also filed with the Federal Pow
er Commission an application to
flood certain area within the Olympic
Forest Reserve.
After the Supreme Court held that
the election authorizing the combin-
ed water and power development was
illegal, the Supervisor Of Hydraulics
cancelled the City's application.
The Grays Harbor Railway q Light
Company, after the Supreme Courts
decision, filed an application with the
Supervisor of Hydraulics for the pow
er rights on the WynOoche river. This
application is now pending.
]. E. Malinowski was then given
notice to show cause, within sixty
days, why his permits on the Wy
nooche should not be cancelled.
Thereafter ] e. Malingwzli made,
as a gift to the people Of the City Of
Aberdeen, an assignment Of his
rights on the WynoOche. The City,
as assignee Of such rights, and the
holder Of such permits, has made an
answer setting. up the reasons why
such rights should notsbe cancelled.
The defense. urged against the can
collation. Of the rights in our answer
is the fact that Malinowski had, in
good faith, entered into negotiation
with the City Of Aberdeen for the dis
position Of his rights and the people
of the City, in good faith, had voted
to develop the water and power re-
sources Of the Wynooche, and that the
only reason why the City was unable
to go ahead with the development
was the litigation pending to enjoin
the City; that the City Council, as
soon as the Supreme Court had held
that the propositions should be separ-
ateIy submitted, passed an ordinance
providing for the submission of the
water proposition separately and if
such proposition carried that it would
submit a power proposition.
When this answer was filed with
the Supervisor Of Hydraulics, know
ing that the election was to be held
on March oath on the water prop
osition, he set the date Of hearing
for March Both. to await the out
come Of the water election on the Gath.
If the first step in the water and
power development, namely the wat
err proposition, is carried, we win
then be able to contest the cancella-
ton Of the Malinewsli permits. If
not there is no way for preserving the
water and power rights for the people
OF this city.
The voters must not lose sight Of
the fact that at all times q combined
water and power project Is the ulti-
mate plan now as it was IN December,
1928,
The Grays Harbor Railway q Light
Company made . proposition to the
Mayor and City Council fer the joint
development Of the Wynooche river
at some future time. The water de-