White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1929-03-29
SUBPOENAS SERVED ON
WATER RIGHT OWNERS

United States Marshal A. H.
Dilley of Spokane was in the valley
this week serving subpoenas on all
resident Hanford water right owners,
citing them to appear in the Federal
court in Yakima and file their answer
in the case within twenty days from
the date of the service of the sub
poenas.
This procedure does not involve any
new litigation but is for the purpose
of Bringing all parties at interest in the
case-the water right owners, named
as beneficiaries in the trust, the
! Black Rock Power & Irrigation Com
pany, the Consumers Ditch Com
pany and the creditors into court,
SO that they may all be represented
in all future hearings in the receiver
ship proceedings.
The receivership was asked for in
the summer of 1926 by the defendant
companies, in the case entitled "Jay
M. Smith and others against the
Black Rock Power &Irrigation Com
pany and the Consumers Ditch Com
pany" known as the injunction suit,
filed by Judge Carol B. Graves for
the water right owners, in which were
4 raised all of the issues not determined
by the Circuit Court of Appeals de-
i cision, which decision is now evidenc-
ed by the so called Webster decree.
1 An injunction was secured in this
case by Judge Graves, reducing the
maintenance from 5000, asked by
the Consumers Ditch Company, to 81
per acre but before this question and
the other issues raised in the suit
could be determined on their merits,
the companies asked that receiver
be appointed, alleging that they were
bankrupt, and the Court granted the
request and appointed Marvin Chase
as receiver. Since that time the pro-
ject has been administered by Mr..
Chase, under the direction of Judge
i Webster
Whether the companies would again
assume their old position as trustee
of the properties at the termination
of the receivership, was not known
irg called for the purpose, they in
formed the Court that they had no
such intention, and the Court there
upon issued instructions to Receiver
Chase to proceed at once with the
liquidation of the assets and to bring
receivership to close.
The principal matters in which the
water right owners, as the beneficial
ries of the trust, will be interested in
the final receivership proceedings, will
be the legal determination of the
creditors claims, to the end that the
project emerge from receivership with
as little debt as possible saddled on
it. In order that their interests be
protected and the necessary, evidence
andssars, be presented at the
different hearings on these matters
that will be held this summer, the
water right owners should be represen-
ted by counsel.
There are approximately $50 water
right owners, including husbands and
wives, to be served with subpoenas
OF this number all but about 70 or
80 live in the state of Washington
and under the jurisdiction of Judge
WeEster's court The address of
most of them is known and where
found they will be served personally.
AS many of those as possible who
are living outside the state will also
be served personally under Warn
ing Order to be issued by the Court
after the return of service has beer
made on all of those living within
the state. Those who can not be
reached through either of these pro-
cesses will be served by publication
of the subpoena in the Spokesman.
1t is estimated that it will take be-
tween two and three months to COM
Ilete the service of the subpoenas,
and about the same length of time
will be required to clean up the final
acts of receivership. That would mean
that the receivership sale will be held
next fall.
This will give the water right
owners about six months to iron out
any differences that may exist be-
tween them and to form some orga-
nization to acquire the properties at
the receivership sale. This is not any
too much time for in addition to
perfecting their organization some
method of financing will also have
to be evolved.
The curse of the whole matter to
date has been the belief, nourished
and codd1ed for several years by a
number of the water right owners,
that they would be paid large sum
by the power interests for their lien
on the Priest Rapids power site. Now
that the development, in large way,
of that site has been removed from
probability to vague possibility,
this dream has been shattered and
the fact is becoming more and more
apparent every day that if the pro-
ject is to be saved it must be done
through the effort and initiative OF
the water right owners themselves.
Santa Claus and the fairies do bust
ness only with the children but the
grown-ups know or should know that
in this practical age they have to be
their own Santa Claus.
Authorities familiar with the pro-
ject and the situation say that even
in it's present condition it can be made
one of the best projects in the state,