Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1934-06-07
CHAPTER IX--Continued

Now, II this is done the value OF
our ranches will be very much depre-
ciated, because we will be denied the
natural irrigation Of a great many
thousand acres Of rich meadow lands
each spring. The constitution Of the
United States guarantees its citizens
against seizure and appropriation Of
their property without due process Of
law and adequate compensation. Hence.
any state law that co~ntravenes that
right is unconstitutional.
when the federal government L.
sued patents to homesteaders In Eden
Valley 1t did not except the water
right from the land right. In presum-
Ing to appropriate our riparian rights
or any portion of them for the benefit
Of q distant and non-riparian owner,
thu state OF California Is assuming a
right 1t does not legally possess.
Now, I'm not going to start q BIT
ter lawsuit with the Forlorn Valley
Irrigation district. | shall merely en-
ter a formal protestant when | use
the first person singular | mean Miss
Kershaw and the Bar Ell Land and Cat
tie company. Then shall sit quietly
by and watch those idiots bond their
lands. market the bonds, and spend
the money to get a diversion dam and
dig miles and miles Of main canals
and laterals. Then, Just as they are
about to open their floodgates / shall,
upon affidavit that the districts ac-
ton Is about to work great hardship
temporary injunction by the superior
court restraining the district from
using the water, and ordering 1t to
show cause, within ten days, why
such temporary injunction should not
be made permanent. The case will
then be tried on its merits, and / shall
probably lose In the superior court.
because the Judge will refrain from
questioning the constitutionality of the
state law. shall appeal and / shall
win, and when | have won, the only
legal salvation for Forlorn Valley will
be to buy Eden Valley from US, either
at private treaty or via the condemna-
tiOn-Buit route. Ii 1t wants our water
It must buy our lands-and a jury will
ret the price"
HE hath taken down the mighty
from their seat and hath exalted them
Of low degree" Gagan quoted humor-
onsly. "You appear to be something
cf a hnancier."
1Just contemplate Forlorn Valley,
the money derived from the sale Of
the bonds all spent on a diversion
dam, main canal. ~floodgates, lat
erals. engineering fees. salaries, and
30 forth. suddenly discovering that
after all 1t cannot get the water
that It's all dressed up with no place
to go. While they dwell In blissful ig-
norance Of the cataclysm they curse
and hate and deride Miss Kershaw
and me for protecting our vested
rights; when the blow falls"
'There will be stark drama and
tragedy In that. not comedy, Mr.. Tiche-
nor"
Il dare say. Well. now that
have had my own ideas on the legality
of my position confirmed by such en-
inent water counsel as yourself, it
would seem that all ! can do Is sit
calmly by and watch Forlorn Valley
ruin itself"
But surely, MIR. Tichenor." Gagan
protested, you will take some meas
ures to warn these people before they
embark on such a ruinous enterprise"
Notwithstanding the fact that 1t
would be very bad business for me to
10 that l shall do II. 4 will be a case
of iove's labor lost However. The peo-
pie will not believe me they are fol
lowing a false leader and blindly loyal
to him. Well, here's your check
for legal services to date. Something
tells me | shall be retaining your
services at I later date"
Returning home, Nate Tichenor was
met 1t the railroad depot In Gold Run
b. his chauffeur with the car. Pass
Ing through Valley Center en- route to
Eden VALLEY hs saw some men skid