Imperial Valley press., 1935-03-16
DEMANDS Of
ELECTED MEN
ARE REJECTED
lContlnued from Page D

Continued from Page ID
! Judge Arthur L. Mundo. san Diego,
ruled late yesterday afternoon that
/ the injunction brought against
Charles A. Bfatton ana E. N. d.
Hatch by Winnie Barry and F. H.
! A1cIVer be dissolved and further
refused 10 continue the injunction
during the pendency of an appeal
against this decision.
The courts ruling came at the
/ end Of q days arguments by attor-
neys representing the plaintiffs and
( defendants in The action and q large
number Of interested spectators fol-
lowed the proceedings in the court
room.
Before rendering his decision
Judge Nundo reviewed the case as it
had been presented to him. He stat
ed that it was evident the incum-
bent would be protected by law
against anyone with empty claims
against his office and he believed
this particular case was outside the
jurisdiction OF a court of equity. 1t
remains 10 the appellate court, he
stated to determine whether the
rights of the defendants to these Of
fices are valid or not.
Failure TO recognize a certificate
OF election issued by the proper au-
thority would be to deny title to
the office and this action is outside
the jurisdiction of a court of equity,
the court said. He added that If the
defendants had not been possessed
Of these certificates of election but
had taken pert in the election and
then attempted to put themselves
into the office against the incum-
bentS, the court of equity would be
obliged to restrain these defend
ants from undertaking to usurp the
place OF the plaintiffs. But. the
court stated, such was not the case
in this particular action.
Suggests Quo Warranto
These defendants, Judge Mundo
declared, have their certificates of
election and in the authorities cited
by counsel during the hearing it is
evident that courts will issue in
functions TO such holders OF certifi-
Gates.
The court felt that the incum-
bents should not ask a court of
equity to enjoin the holders of elec-
ton certificates from taking office
but that the latter should institute
quo Warranto proceedings against
the plaintiffs.
At the opening of the afternoon
session of the hearing, H. S. Mac
Kinnon, attorney for Winnie Barry
and F. H. McIver, announced that
Charles L. Childers would be asSo-
ciated with him as attorney for the
plaintiffs. Childers stated that he
was representing Mark Rose, irri-
cation district director, in the ac-
ton pending before the appellate
court in Fresno and that IL was the
+ contention Of himself and client
that the entire election was void,
. based cn the claim that the proper
" qualification act was unconstitu-
tional.
These matters were not to be con-
sidered by the court yesterday but
+ Childers argued that plaintiffs in
this action are bound to hold over
in office until the right of the de-
+ PENDANTS should be determined by
the court. He argued further that
the de facto officers, or those in ac-
tual possession of the office should
+ be protected from disturbance.
1t was his opinion and that of
i MacKinnon as well that the de-
! PENDANTS would attempt to take pos
session of the office and records to-
day by force and violence. Judge
Mundo stated that he felt the at
torneys for the plaintiffs antici-
Lated trouble without any founda-
ton and even so, such statement
was merely a conclusion and could
hot be given serious consideration
in the present action. 1t was Judge
Afundos opinion that 1t was not for
the plaintiffs TO complain about the
! present proceedings, but the defend
ants, as they were in possession OF
+ certificates of election which gave
them title and right to the office.
The court and attorneys for the
plaintiffs were assured by Harry
Horton, representing the defendants
that the latter had no intention OF
iuaugurating any violence to take
over the offices TO which they as
sert they are entitled.