Imperial Valley press., 1934-02-26
MALAN' s SUIT
DISMISSED IN
COURT TODAY
District Informed Last Litigation
Against Canal Withdrawn By
Plaintiff.
CLEARS WAY FOR ACTION
Conference Over Weekend
With Attorney Results In Mu-
tual Agreement.

Last legal bars against the
early construction of the All
American canal were removed
this morning by action of the
state supreme court in dis
missing two appeals which have
been pending against the canal
for some time past.
This news was brought to ir-
rigatiOn district headquarters
this morning through tele-
grar, sent by Charles l.. Child
ers. district counsel. The tele-
gram said: "All appeals in val
idatiOn CAGE dismissed. Remit
titur goes down today
SAN FRANCISCO, Feb. 26.
UP)-Notice of dismissal of
two suits to test the validity
of contract entered into be-
tween til. federal government
and the COachella valley and
ImperaI Valley water districts,
was filed today in state su-
preme court here.
One suit involved John l..
Dubois, ct al, of the Imperial
Valley water district against the
Ccachella water district. The
second was Evan T. Hewes, ct
al, VS.. Charles Malan.
The suits originally were
heard in Ell Centre in March,
1898.
With the agreement of Charles
Malan and his attorney, M. w
Conkling, late Saturday night, tt
dismiss the suit which contests the
of the All-American cana
contract between the irrigation dis.
trict and the government, the lasl
obstacle to the construction of the
canal has been removed.
Earlier on Saturday the district
'o5ard has been notified by tele-
gram that all signatures to the
agreement between the local anc
Coachella districts had been OBJ
tained and that the notice OF dis
missal of the Coachella suit against
the canal would be filed with the
court this morning. The
.Malan dismissal papers were also
tC have been filed today.
After the notice of the Coachells
action was received here Saturday
the local board moved quickly tt
complete the removal of obstacles
against the construction OF the
canal. Malan was contacted II
Brawley and came to the district
office here where he signed hi
release agreement. Then Directors
HeWes and Rose with D. B. Roberts
assistant district counsel, and Ma
Ian, left for San Diego where tht
zeal was completed by securing the
of Conkling to the agree
ment.
Agreement with Coachella hac
been reached early last week fol
Iowing a series Of conferences be-
tween directors of the two districts
Malan S suit had attacked the
of the contract entered in
to by the government and the I'm
perial Irrigation District for con-
of the canal. The cast
was tried in the local superior court
with Judge Emmett H. Wilson ol
Los Angeles, presiding. His decis-
ion upheld the contract and appea
was then filed by attorneys fol
Malan.
With dismissal of the two suits
the way will be cleared for the de-
partment of the interior to read
vertise bids for constructing the
first leg of the canal. Original bids
were rejected as being too high.
Recently Administrator Ickes, oi
the Public Works Administration
which is to provide funds for con-
struction work, insisted that the
would not be made
until litigation pending against the
district had been cleared up. Dis
misSal of the Malan case will ac-