Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1934-07-19

said: Eat, drink and be merry, for
tomorrow you'll be brokesa His wife
put her arm through his and together
they descended the two short steps
to the audience, while Mr.. Tenney,
grinning evilly, trudged stolldly In the
rear. Down through the center aisle
they passed to an automobile waiting
outside the grove; they entered and
ing aloud to his people the damnable
legal document that had changed his
hour Of triumph into one of despair.
With difficulty controlling his voice he
announced.
"Mr. Tichenor has a habit of dram
atizing himself, and while he has, of
course, robbed this historic moment OF
certain high lights | had provided for
your entertainment, still his rude and
ungenerous interruption need cast 10
shadow DER us. We are here to en-
Joy ourselves and we shall do So"
And he proceeded to deliver his speech.
Congressman Conrad Beatty followed
him and assured his hearers that they
had nothing to fear for the future
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 Tichenor's dramatic visitation
was dispelled and the party took on
most OF the aspects of q genuine jollifi-
cation.
In Nate Tchenor's latest move
Silas Babson and his fellow directors
read only a 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, 1t was
imperative that the district employ
an imposing array Of legal talent Inn
medIately and have Tichenor's 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 belllgerents.
.Since this case went to, trial." he
announced, "the Supreme court OF the
state of California has rendered a
| unanimous decision In an appeal from
a decision rendered by the Superior
| court In q 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 Its argument In
the issue at trial.
'IH general, the Supreme court OF
the state Of California holds that there
Is no such thing as flood, storm or
freshet waters In a stream, but mere
iy a seasonal rise and fall Of the
stream and that all waters therein,
not merely the so-called summer or
normal flow, are riparian to the bed
thereof, and may not be diverted from
such riparian lands for the use and
benefit of a 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.
This 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 Irrl
CATION district. from diverting any o.
the waters of Eden Valley creek. Thi.
court also assesses the costs OF TIL:
action to the defendants. as prayed
for in the complaint. and Ii Is SO or
dered. AT a later date the court vii
issue a formal written decision, bu.