Imperial Valley press., 1933-05-25
CANAL To BE
INCLUDED IN
PUBLIC WORKS
Childers Advises Not Necessary
10 Amend Or Supplement Ac-
cepted Contract.
LATTER DECLARED VALID
Three Pieces Of Good News In
dicate Actual Construction
Drawn Much Closer.

inclusion of the Ali-American
canal contract on the interior
department list to be recon-
mended to the public works ad-
miniStrator; information that
the present contract is entirely
satisfactory under the Swing
Johnson bill with no intention
of making any amendments or
supplements except as they may
become necessary under the
new public works program; and
court valuation of the contract,
comprised the momentous and
historical news received at I'm
perial Irrigation district head
quarters here within the last
"a hours.
Hope for immediate Degfn-
ming of construction of the long
desired S32,5OO,OO0 waterway to
bring Colorado river water to
Imperial Valley prevailed in
valley communities today, and
elected satisfaction that the
long fight was nearer victory
than ever before.
Not since passage of the
Swing Johnson bill has there
been such widespread conf,
dence and intense interest in
the project to take the canal of
the district from foreign soil
and construct it within the
boundaries of the United States
as was evidenced throughout
the valley today.
First news to arrive at headquar.
ters was a message from Charles l.
Childers, chief counsel, who is il
Washington, that it would not bs
necessary to amend or supplement
the contract accepted overwhelm.
ingly by vote of the people Feb.
ruary IL, 1882, in order to include
it under the vast public works pro.
gram of Ine administration. BIZ.
crs of the canal project were great.
ly relieved at this information
which removed another cause fol
delay.
This was followed py court valid
alton of the All-American cana
contract as announced by Judge
Emmett H. Wilson of Los Angeles
last night. He heard the valuation
suit, the demurrer of the Coachella
valley county water district, anc
motion to consolidate with the
Charles Malan case as local super.
ior judges were disqualified.
Orders To Be Entered
"The contract and all proceed
ings leading up to the execution oi
the same are valid in all particu-
lars" according to- findings ano
judgment filed by Judge Wilson al
the county court house this morn
ing.
In accord with conclusions reach
ed the following orders will be en-
tered, according to the 33 page doc
ument:
(A) In the valuation case-the
demurrer of the Coachella district
to the complaint is oyerruled; the
motion to consolidate with the Ma
Ian case is denied; the several mo-
tions of plaintiffs to strike out evil
dence are denied and the contract
and all proceedings leading up to
the execution of the same are valid
in all particulars.
OBJ In the Malan case-The
plaintiffs motion for a temporary
injunction is denied; the defend
ants demurrer to the complaint is
sustained without leave to amend;
judgment will be entered in favor
of the defendants without preju-
dice, however, to any defense that
Malan has made or that he may
hereafter make as a defendant in
the valuation case; the motion to
consolidate with the valuation case
is denied.
The battery of attorneys in the
case was composed of Charles l.
Childers and D. B. Roberts for the
Imperial Irrigation district, Stew
art, Shaw, Murphey, A. B. Shaw
Jr., and Irving for Coachella and
Conkling for Malan.
BY terms of the amended ~All-Am-
erican canal contract, Coachella
district has 30 days after final val
idation to petition for inclusion IL
the Imperial district ur1tier the
terms of the contract.
Hard upon the heels of news ol
the valuation came a telegram
from Phil D. Swing, former con-
gressman and co-author of the
Swing johnson bill who is repre-
senting the district in Washing
ton regarding the public works in.
clusion, that efforts in bringing
about inclusion had been successful
The fact that inclusion on the
list was accomplished before news
of court valuation ha3 reached
washington, was declared to be sig.
nificant as it was feared lack ol
the valuation would be hind