Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1934-09-27


take his word for that. Henry Rock
by, invaluable in desperate moments,
had the band play whenever the speak
ers paused for breath or a drink of
water, and little by little the gloom of
Nate Tichenors dramatic visitation
was dispelled and the party took on
most of the aspects Of genuine jollifi-
cation.
In Nate Tchenor's latest move
Silas Babson and his fellow directors
read only last-minute effort, inspired
solely by malice, to embarrass the dis
trict with a lawsuit that would drag
through the summer and thus for an.
other year deprive the valley of wa
ter. To thwart this. therefore, it was
imperative that the district employ
an imposing array of legal talent i'm.
medately and have Tichenors suit
to obtain a permanent injunction go
to trial without delay. Four days
later both sides had finished with their
witnesses, both legal batteries had
fired their last broadsides. and his
honor looked gravely over the top of
his desk at the belligerents.
"Since this case went to trial." he
announced. 1.-THE Supreme court of the
state of California has rendered
unanimous decision in an appeal from
decision rendered by the Superior
court in case similar to this. Due
to the recent decision of the Supreme
court, an advance copy of which has
only this morning reached me, find
myself in the embarrassing position
of having to reverse my previous view
as to the constitutionality of Para
graph 534 of the Code of Civil Proce-
dure, upon which the defendant cor
poration has based it's argument In
the issue at trial
"In general, the Supreme court of
the state of California holds that there
Is no such thing as food, storm or
freshet waters In stream. but mere
ly a seasonal rise and fall of the
stream and that all waters therein,
not merely the so-called summer or
thereof, and may not be diverted from
such riparian lands for the use and
benefit of non-riparian owner. The
Supreme court holds that all Of the
waters of said river (which, of course,
applies to all streams throughout the
state) are an inalienable and vested
right of the owners of the lands ripa-
rian thereto.
'NThiS court has no alternative but
to award to the plaintiff the perma-
nent injunction prayed for, restrain.
ing forever the defendant public serv-
ice corporation, Forlorn Valley Irri-
cation district. from diverting any of
the waters of Eden Valley creek. This
court also assesses the costs Of this
action to the defendants. as prayed
for in the complaint, and 1t is so or
dered. At later date the court will
issue a formal written decision, but
the court can see no reason for re-
framing from rendering an informal
decision at this time and referring the
defendant corporation to its sole and
inalienable right at law--the right to
acquire the lands Of the Bar II Land
and Cattle company ct al. through
condemnation suit or purchase by pri-
vate treaty. Court is dismissed"
There was nothing else for Silas
Babson to do save weep-and he did.
He laid his tired head on the counsel
table and sobbed as If his heart must
break. Don't take 1t so hard. Mr..
Babson," his counsel continued. "You
have one more arrow in your culver.
The district can still condemn Eden
Valley and acquire it's water rights"
"Of course it can" Nate Tichenor
was speaking from the other side of
the counsel table. But Eden Valleys
fertile acreage far exceeds that Of
Forlorn Valley. and it is Infinitely
more valuable. You cannot have
Eden Valley for less than two million
dollars and the lands in the Forlorn
Valley Irrigation district are already
mortgaged to the limit"
Babson, red-eyed. gazed at him with
something of the malevolence of
trapped mink. you've ruined For
lorn Valley" he quavered. you real
ize that, don't your"
II haven't given any thought to
Forlorn Valley" Nate replied coidly.
"Just now I'm reveling in the joy that
comes Of the knowledge have
ruined you. All have to do to save
Forlorn Valley is to press a button.
"For Gods sake. Mr.. Tichenor, do
It," Babson pleaded. "All these poor
people"
"Who refused to permit me to be
kind to them and save them from
ruin" Tichenor interrupted harshIy.
"All these poor people who followed
their false leader blindly and stupid
ly, who refused to believe Lorry Ker.
shaw and had hearts in our breasts
All these poor people who hooted at
me. cried me down, smashed my body,
and smeared me with road oil and
feathers! All these poor people who
rejoiced In reviling my wife and me.
in reciting our sorry family history |"
"Then." said Babson. aghast. "you
intend to foreclose the deed of trust
on Forlorn valley?"
THE minute yeu default on the pay.
ment of the interest, Babson."
sand than-vou'll-r rocu tho h,,k