White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1931-07-16

OF the land would have to join in q
petition before the Board would have
a right to take action upon it.
1.-TWO other cases that are rather i'm
pressing, so far as this record is now,
are the Conkle and Wilson applica-
lions. Both of them were filed subse-
quent to the election, and the record,
as 1t now stands, indicates that they
are pending.
Paragraph IS of this complaint al
leges that there was fraudulent con-
| spiracy on the part of the Board and
others, and with certain power COM
panies for the purpose of depriving
these plaintiffs and others similarly
situated of certain valuable rights they
had under the Adamson decree. There
is no evidence whatever, even by rath-
er far-fetched and remote inferences
that could be held to support the al
legations of that paragraph.
Paragraph 20 relates to the Hussey
bid. The proof, of course, is consid-
erably at variance with the allegations
of that paragraph. The paragraph al
leges bid and deposit of $4,000; the
proof I think, was that there never
was deposit made. Paragraph % vir-
tually covers ground in an earlier par
agraph that certain persons had their
land excluded because it was known in
advance they would oppose the bond
ISSUE There is no evidence in support
of that allegation.
Paragraph Is alleges that the pres
ent plan is contrary to the original
plan for which this district was Gre
ated. The evidence in that regard is
conclusive even if it were material at
all in this hearing. / doubt it's mater
iality at all, because think am safe
in saying, as matter of law, in the
course of ten years of time when con-
ditions change so completely as they
have cha ICED in this area, when the
original dreams and plans of the pro-
l4loters have entirely fallen down III
reference to the development of Priest
Rapids and the gravity system of wa
ter, and that no longer exists, that the
officers in charge of the affairs of a
District such as this, would have a
right to change the plans and make
them more practical and less vision
airy.
Paragraph 81 questions the qualifi-
cations of the officers. The only evil
dence in support of that allegation is
that of highly technical character,
and, as I indicated this forenoon, /
don't think a Court would be justified
in entertaining such technical objec-
ton. There may be a technical error
in the bonds that the officers have
executed. The legal existence of this
District has continued throughout the
years, although it has been dormant
apparently. There is no question but
that the officers who were appointed
by the County Commissioners. were
appointed within the authority of the
County Commissioners to make such
appointment. The only matter could
be whether they properly qualified in
the giving of bond as they did, and
have no hesitancy in saying that
that would not work as a disqualifi-
cation.
GERS were extravagant in the manage
ment of the affairs of the District
1t appears from the record made so
far that there has been no money
whatever to eXpend in this District
other than the SEC an acre assessment
made years ago, and from the show
ing made here, I could not find that
there is evidence in support of that
allegation.
Paragraph % alleges that the
equipment that they seek to buy with
money that they hope to procure from
this bond issue is in such poor condi-
ton that it will be of little use to the
District. The only evidence we have
in the record is that of Mr.. Chase. His
testimony is rather to the contrary
and his evidence is entitled to and is
by this Court given very great con-
sideration and weight, because of his
years of experience in that particu-
lar field.
Then Paragraph 80 alleges that
they have lost many sources of reve-
nue., and in regard to that, in the
past, of course, none of the territory,
none of the land within this Irrigation
District has been source of revenue,
other than that sec an acre assess
ment. The record, as it now stands
that there are some 1900 or 1900 acres
receiving water, and they are receiv-
ing water to the extent of almost
three times as much as they are en-
titled to under the water rights that
they have from the Hanford Land
and Irrigation Company; and some
additional 5000 acres or possibly more
than that, are susceptible of irrigation
that can and may be irrigated. The
remainder of the lands in this District
that are now in actual cultivation are
receiving their water by pumping,
either from the river or from wells,
and some of this land is not what
you term water right land, and some
of it is.