White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1931-12-03
Proposal to
Exclude Land
Is Rejected
WOULD IMPOSE IMPOSSIBLE
AND ILLEGAL CONDITIONS
ON DISTRICT

The appellants in the suit now pend
ing in the state supreme court In the
case of certain water users against the
Priest Rapids irrigation district, indi-
Gated some weeks ago that they would
be willing to dismiss their appeal If
| their lands were excluded from the
district
After carefully considering the pro-
posal, the district board determined
that it would recommend that the ap-
pellants' lands be excluded, provided
the case were Immediately dismissed
so that the district could complete the
purchase of the property and finance
certain improvements at the power
plant and distributing system and have
the work completed before another ir-
rigation season.
Less than three hundred acres of
land now taking water would have
been affected in this proceeding and as
it is probable that most of the land
involved would continue taking water
from the system, there would be no
material reduction from the revenue
of former years.
When the appellants proposal was
submitted in writing, however, it car
ried number of conditions to be i'm
posed on the district in addition to the
exclusion of land. These conditions
were such that the board felt they
ould be unfair to the lands remaining
in the district and, in addition, the
board was advised by Mr. Cunningham,
it's attorney, that the obligations in
the proposal could not be legally I'M
dertaken by the district These facts
we're communicated to the appellants
Recently a second proposal, worded
somewhat differently but containing
generally the same subject matter, was
submitted and those portions relating
to the Objectionable conditions that
it was proposed to impose on the dis
trict are quoted below
With the exception of the lands in
volved and the technical handling OF
\ the stipulation by the courts, the pro-.
posal is printed in full.
The list of appellants appearing in
the heading of the stipulation are:
j. F.. Bleakley Bleakley Fruit Com
pany, B. Salvini and Josephine Sal
vini, w. l.. Enyeart and Clara Enyeart,
S. Garsi Edward Peterson, E. w.
/ Heard and Nellie Heard, w. D. Mckay
and Mrs w. d. Mckay M. F. O'Brien,
David Hartman and Ida Hartman,
, Charles Mack, G. F. Wooten and Emma
Wooten, Robert mcdonnell and Adel-
, aide mcdonnell, Charles H. Pierson,
, and Gertrude Person Elizabeth Grant,
, Joseph DeRiegio, Mark Whelan and
, Sarah H. Whelan, James Calza and
, Mary Calza, w. H. Wehnheier and Les
, lie NJ Wehmeier, H. H. Boie and Ev-
| elena Boie r. A. Spratlen and limo
B. Spratlen, Ben G. Root and Emma
Root Harriette Stewart A. L. Branin,
j. w. Strasser and j. H. Greutz-
macher and Anna Greutzmacher.
The proposed agreement recites
, that:
Whereas, the above entitled cause
has heretofore been commenced in the
Superior Court of the State of Wash
, ington for Benton County, Cause No.
1888, in said court, for the purpose
, of enioining the issuance and delivery
. of certain bond issue of Priest
Rapids Irrigation District in the sum
of $12500O0O, and to have the lands
of the plaintiffs excluded from said
Priest Rapids Irrigation District, and
for other related purposes, as more
fully shown in the amended complaint
on file herein; and
Whereas, the above named plaintiffs
have heretofore appealed said cause to
please turn to page 81