White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1928-06-15
FILE PETITION ASKING
DISMISSAL or RECEIVER

DlSmISSAL uf kECtlvtk
A petition of Intervention, signed
by some thirty alleged water right
owners, has been filed IN the Federal
court in Spokane in the case of ].
M. Smith and others against the
Black Rock Power & Irrigation Co.,
and the Consumers Ditch Co, in
which case receiver was appointed
in January, 1927.
The petition alleges that the sign
ers thereof are owners of land and
water rights; that the Intervenors
have formed the Priest Rapids Valley
association FOR the purpose of taking
over the irrigation canals, bitches,
water rights and irrigation instru-
mentalities of the Black Rock Power
& Irrigation and the Consumers
Ditch company" that the Black
Rock Power & Irrigation company
| l1ad the Consumers Ditch company
have abandoned the property that
the SIS maintenance charge fixed
by the Receiver and the Court, is
/, exorbitant, confscatory sand unreason-
able;" that the land owners desire
to operate, the irrigation system
themselves without the expense of a
receiver, alleging that If this could
1 be done the maintenance could be
reduced to SO rer acre and alleging
further that If they could get con-
troll of the properties, 400 acres of
abandoned land would again be cul-
/ tivated, reducing the maintenance to
Sc per acre; that the receiver has ex-
pended approximately $500 per month
for attorneys fees since his appoint
snent in January, 1927; that it is
impossible for the water right owners
tenance charge by June !, because
the fruit crop has not developed
sufficiently by that date to secure
advances from the marketing agen-
cies.
The petitioners are c. H. Pierson,
c. F. Wooten, David Hartman, Mark
Whelan, John Loson, Grace D. Cox,
B. Salvini, E. w. Heard, ]. n. Purdy,
Mamie E. Syfford, D. E. Malone, S.
Garsi, George F. Wagner, Mary E.
Fonda, Mrs. L. c. Krug, A. w. Met
calf, Charles Mack, Theodore Sprat-
len, John Griffith, II. H, Bcie, w. L,
Enyeart, N. N. Garst. Leo w. Bell
c. Derigio, Bert +Reigle, Elizabeth
Grant, J. H. ,Gruetzmacher, Carl
Heidemann, Minna Heidemann, E.
P. Kocntz and B. G. Root.
An order was entered by Judge
Webster on May 20, fixing June rs,
Ia< <6,, all Nf
the Federal court in Spokane, as the
time and place for hearing on that
Part Of the petition as to why the
property should not be turned over
at this time to the water right own
ere. No reference was made in the
order to the maintenarlce charge
= 80 presumably tfie date of June ist
narued in previous order of the
cour. the final date for the col
lection he balance of the main
tenance, ST., lands.
/ OF course the whole proceeding
/ is rather silly and childish. 1t is not
a difficult thing for party at inter-
est' to get hearing in Court where
case is pending. That is what the
courts are for. But getting the hear
ing and having your petitions grant
ed are two widely different things.
The editor Of this newspaper, for
Instance, could apply to President
Coolidge for the jc5 as ambassador
to England, but there is quite diff
ference between making the applica-
ton and landing the job.
There were many exsggerations in
the petition, the most fragrant,
probably, being that the Receiver was
expending approximately $500 per
month for attorney fees. AS mat
ter of fact, the Receivers records
show that less than $1,000 has been
spent for this purpose in the seven
teen months that Mr.. Chase has been
receiver, or about $50 per month.
The present receivership is rot in
a position to be closed and without
the consent of all parties at interest
it could not be ended at this time.
And even if Receiver Chase were
ready to make his final report and
the Court disposed to turn the pro-
rerty over to the water right owners,
it wouldn't be turned over to any
voluntary organization Ike the Priest
Rarids Valley association but to some
legally constituted organization such
as an irrigation district 2.
It is well known that Receiver
Chase is managing the properties
well within the revenues at just
about half the cost to the companies
Err.or to the receivership. A large
number of the water right owners
are satisfied with Mr. Chase's man.
agement and want him to continue
as receiver until the whole case can
be adjudicated and finally settled.
The hearing on the 23rd will in
all probability end as have other
moves by certain of the water right
owners since the attack on the Web
ster decree few years ago, and will
be counted just another one of their
b,unders.
/