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

/ District proceeded at once to
the task of concreting its huge
l. diversion canal The job was
completed by November l. AL
most from the beginning the diversion
canal ran half full, and Lake Babson
commenced to take form. The snowfall
vas unusually heavy that year also, but
Spring came early, and the run-oh due
to the melting snow commenced about
the middle of January.
This was the season OF overflow in
Eden Valley Creek, the season OF Gods
gift of free irrigation to the Circle K
and the Bar H, and Nate Tichenor,
watching the waters rise, knew that in
another "a hours the freShet would be
on, so he and RUDE Tenney and half
a dozen armed men opened the food
gates, in defiance of the ditch-tender's
protest, and the flood roared on down
Eden Valley. The ditch-tender imme-
diately mounted his horse and rode
down to Valley Center to report this
act of vandalism to Silas BabSon, who
motored into Gold Run and, as presi-
dent of the Forlorn Valley Irrigation Dis
trict petitioned the judge of the County
Superior Court for an order restraining
Nathan Tichenor ct al. from interior
ing with the orderly diversion of the
flood waters of Eden Valley Creek to
the canal of the Forlorn Valley Irriga-
ton District.
To Babson's amazement the judge
declined to issue the restraining order.
Il hold, Babson," he informed the lat
ter, that the law under which the State
Water Commission has been empowered
to allocate to non-riparian owners the
mood or waste waters of riparian owners
is unconstitutional. and that, hence,
Forlorn Valley has no legal right to the
food waters of Eden Valley Creek"
We'll, Judge" Babson replied, per
haps you're right, but we don't think
so. We have counsel as eminent in the
law as this court, and our counsel ad-
vises us we are quite within the law"
They are entitled. of course, to their
opinion. Several Superior Court judges
in other counties in this State have
ruled that the law is constitutional
and given verdtAS accordingly; half
dozen Superior Court judges have ex-
pressed opinions identical with mine"
why hasn't our Supreme Court de-
clared the law unconstitutional"
Because nobody has carried water
fight up to the Supreme Court"
A week has gone by since Nate Itch
enor and his men had opened the
fiood-gates up in the Handle and as
vet Babson had not been able to secure
legal relief. Upon his return to Gold
Run. therefore, he called upon the
sheriff of the county and requested
that official to take half a dozen of his
deputies and guard the employees Of the
against attack by Nathan Tichenor ct
al. when the former closed the food
gates in defiance Of Tichenors dictum.
In the interest of peace, the sheriff
consented. and the following day the
gates were closed without interference
from Nate Tichenor and his men. In
deed, not one Of them appeared to pro-
test the closing Of the gates.
The next morning Nate Ticheror
dropped in at the Bank of Valley Gen.
ter and said to BabSon:
IT merely dropped in to tell you,
Babson, that while you were scurrying
around q whole week seeking an in
junction against my wife and me you
couldn't get our lands had a grand
soaking from that weeks overflow. We
would have liked another week of it,
but when you brought the sheriff and
his deputies around I concluded it was
the part Of wisdom to be satisfied with
the water we had already received. But
as Summer advances warn you we'll
have to have our legal share of that
water, and il we do not get 1t I'm
going to put couple Of hundred
pounds of dynamite under that con-
crete diversion dam Of yours and blow
it out"
IF you do, you'll 60 to the pen,"
Babson warned.
"Oniy my kind forbearance has kept
you out Of 1t. DO not forget Pitt River
Charley. You do not know where he
is, but do. I may bring him back to
testify against you"
You couldn't convict Hne"
Perhaps not. but anv3hake public
confidence In you, you SNUG hypocrite