Imperial Valley press., 1931-05-18
DISMISS
SUIT BY
arizona
Supreme Court Of U. S.
Denies Injunction On
River Project.
OFFICIALS PLEASED
Heads Of Interior De-
partment State Last
Obstacle Quashed.

WASHINGTON, May 10. W.p)-
The supreme court today ordered
dismissed the suit of the state OF
Arizona for an injunction forbid
ding the government from carrying
out the Hoover dam water and
power project on the Colorado un-
der the present ALLEGATION of water
and power to be derived from the
project.
The United States government
and six states OF the Colorado river
basin had filed motion with the
court asking dismissal of the in
junction proceedings.
Arizona based its demand for an
Injunction on the grounds that the
ALLEGATION of water was unfair to 1t.
California was alleged to have OBJ
tanned the lions share of the bene-
fits.
The decision is believed to remove
the last hitch which might threaten
the continuance. of work on the
project.
The dismissal was without preju-
dice to Arizona's right to bring an
other action should her rights ap-
pear to be threatened.
Arizona began her action seeking
an injunction TO restrain further
work on the dam early last October.
It named as defendants, Interior
Secretary Wilbur, representing the
government, and the six Colorado
river basin states of New Mexico,
Wyoming, California, Colorado,
| Utah and Nevada.
Shortly afterward the attorney
| generals of the states and Solicitor
| General Thatcher held series OF
conferences here at which plan
of campaign against Arizona's suit
was mapped out.
1t was decided not to question the
facts alleged by Arizona since there
was little controversy about their
accuracy Instead, to insure an
| early determination of the litiga-
ton, motion to dismiss was agreed
upon.
|
Since the validity of the pre-
liminary steps looking to construc-
ton of the dam was chiefly in
yolYed, this procedure, it was
| agreed, would practically result in
| final ruling by the court
Justice Brandeis read the courts
opinion this afternoon.
He pointed out that Arizona
! claimed to have jurisdiction over
| the construction of dams in its ter
| ritory.
This regulation, though. he said,
depends on the authority of the
government to improve the naviga-
| bility of the river below the dam.
| Brandeis said there was no ques-
| ton but that the river was naviga-
BILE prior to the development Of rail
transportation.
| Its clear we cannot question the
motives of Congress-" Brandeis said.
in answering the arguments that
the navigation clause of the Swing
| Johnson Act, under which the prof.
| ect is being carried out, was insert
| Cd as q last-minute thought TO
| sustain the legislation.
Passing the apportionment Of wa
| ter among the Colorado river ba-
| sin states, Brandeis remarked that
the act specifically preserves the
rights of this state tArizona) "ex-
cept as it may be modified by state
agreements"
Arizonas rights remained as
| great as before, he added.
Interior department offic ials
looked upon the decision of the su-
preme court as removing the last
important obstacle in the Sl50,000,-
900 power and reclamation project.
Legal officers OF the department
said that they expected Arizona to
| file another suit in local courts in
an attempt to embarrass construc-
ton, but that they believe that to-
| days decision ended Arizonas real
chances of securing a larger share
of the irrigation benefits which viii
| lCOnfi,,,tpd ~, naUp 81