Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-02

waste waters of Eden Valley Greek
Miss kershaw and / make beneficial
use Of all of the overflow waters of
Eden Valley Creek every Spring, and
no waters are waste waters until after
trey have flowed over our lands. The
irrigation district purposes tapping the
creek near its source IN the public do
main and appropriating the food or
waste waters before such waters have
flowed over our lands.
Now, If this is done, the value of
our ranches will be very much depreci-
ated, because we will be denied the
natural irrigation of a great many
lands each Spring. The Constitution
OF the United States guarantees its citi-
zens against seizure and appropriation
| o. their property without due process
OF law and adequate compensation.
Hence. any State law that contravenes
that right is unconstitutional.
When the Federal Government is
SUED patents to homesteaders in Eden
/ valley 1t did not except the water right
from the land right In presuminR to
appropriate our riparian rights or any
! portion OF them for the benefit of a
| district and non-riparian owner, the
| State Of California is assuming a right
it does not legally possess.
Now, I'm not going 10 start a bitter
"a "oulC WIN IHe rOTlorn valley lrTlga-
ton District. I shall merely enter a
formal protest-and when / use the
first person singular I mean Miss Ker-
shaw and the Bar H Land 81 Cattle
! Co. Then I shall sit quietly by and
watch these idiots bond their lands,
market the bonds and spend the
money to erect diversion dam and dig
miles and miles of main canals and
laterals. Then, just as they are about
to open their flood-gates shall, upon
affidavit that the districts action is
about to work great hardship and dam
age upon me, be granted a temporary
injunction by the Superior Court re-
straining the district from using the
I water and ordering it to show cause.
within 10 days why such temporary
injunction should not be made perma-
nent. The case will then be tried on
its merits, and I shall probably lose in
the Superior Court, because the Judge
will refrain from questioning the con-
stitutionality Of the State law. I shall
/ appeal and I shall win, and when l
have won the only legal salvation for
Forlorn Valley will be to buy Eden
Valley from US. either at private treaty
I or via the condemnation suit route. If
1t wants our water, 1t must buy our
lands-and jury will set the price"
| He hath taken down the mighty
/ from their seat and hath exalted them
of low degree" Gagan quoted humor-
ously. You appear to be something of
a f1nancier.'
! Just contemplate Forlorn Valley, the
money derived from the sale Of the
bonds all spent on a diversion dam,
main canal f1ood-gates, laterals, engi-
neering fees, salaries, and so forth,
suddenly discovering that after all it
cannot get the water-that it's all
dressed up with no place to go. While
they dwell in blissful ignorance of the
cataclysm they curse and hate and de-
ride Miss Kershaw and me for protect
ing our vested rights; when the blow
falls"
There will be stark drama and
tragedy in that. not comedy, MI.
Tichenor."
Il dare say. Well, now that
I have had my own ideas on the legality
of my position confirmed by such emil
nent water counsel as yourself. it would
seem that all can do is sit calmly by
and watch Forlorn Valley ruin itself"
But surely. Mr.. Tichenor," Gagan
protested. you will take some meas
ureS TO warn these people before they
embark on ruinouS enterprise.
i Notwithstanding the fact that it
would be very bad business for me to
do that, shall do it. 1t will be case
of loves labor lost. however. The
4
following a false leader and blindly
loyal to him. Well, here's your
check for legal services to date. Some
thing tells me / shall be retaining your
services at later date
I Returning home, Nate Tichenor was
met at the railroad depot in Gold Run
by his chauffeur with the car. Passing
through Valley Center en- route to
Eden Valley he saw some men skidding
! lnNtV0p
BabSon block; above the door a new
sign informed the world that presently
the Forlorn Valley Citizen would here
go to press.
Certainly Babson was losing no time
moving into action. Nor was Joe
Brainsrd, as Nate discovered when he
paused at the Office of the Register,
hoping to CLEAN news of interest that
might have occurred during his four
days absence. He found Brainerd writ
ing an editorial cordially welcoming his
competitor into the field.
Going to press tomorrow with a
two-page issue, Nate" he announced.
Practically all Of my local advertising
has been withdrawn"
| why not run the Cancelled ads just
the same, Joe? If I were you, I would
decline to let Babson see how badly he
has hurt me. He may think his slaves
have not obeyed orders and start a
fight with them in consequence. II
anybody cancels his subscription, con-
tinue sending him the paper as usual.
I'll take care of your deficit. When
I'm fighting a bitter night. it's against
my religion to cry out or admit I'm
! hurt"
Brainerd grinned, for this was the
sort of fight he loved to wage, If he
could afford it. I'm running another
front-page editorial on the water ques-
ton, Nate. Forlorn Valley has to have
the water. and if it cannot get it from
the Mountain Valley Power Co., it must
tap the creek up in the Handle. I'm
making the fight for my subscribers"
You'd be traitor not to-"
What did your lawyer say?"
Nate related in detail his converse
ton with Gagan. Perhaps" Brainerd
suggested, I'D do we'll to write new
editorial pointing out to the people the
possibility of failure of the plan upon
to embark. What do the poor devils
know about it? Only what Babson
tells them"
That's a splendid idea, Jae. The
people will then have an opportunity
to read your editorial and digest 1t
before attending the mass meeting.
Consequently they will be more favor
ably inclined toward the proposition
shall have to make them at the meet
ing. And when the editorial has been
written and set up. pull proof and
send it over to Babson. 1t might give
him food for reflection"
Within two hours Brainerd sent his
devil over to the bank with the proof
and a note from Brainerd to the effect
that he was running the editorial in
lbs next issue and inviting comment.
After reading the editorial, Babson
nessed IL into Henry Rookbv for the