Imperial Valley press., 1935-03-22
tn SEEK NEW
INJUNCTION IN /.
LOCAL LOCAL COURT
Attorney Files Notice Of Action
This Morning Before Judge
Thompson
CITE REASONS FOR MOVE
Much Tangled Situation At
Imperial Irrigation District
Develops New Snarl
CITE REASONS FOR MOVE


Hugh MacKinnon, attorney for
Miss Winnie Barry and F. H. Nc
Iver, militant incumbents of the Of
fices of the assessor collector and
the treasurer at Imperial irrigation
district headquarters, filed notice
in superior court this morning that
next Monday morning he will ask
the court for permission to file a
supplemental complaint and also
for an order to restrain Charles A..
Bratton and E. N. d. Hatch from
interfering with the incumbents
during the pendency of an action
now in the appellate court.
AS grounds for this action the
notice states that the plaintiffs,
Barry and McIver are in possession
of the said offices and have not Civ
Zen them up while on the other hand
the defendants have never been in
possession of the offices.
The supplemental complaints re-
late that since this action was
started mandate proceeding was
brought up before the appellate
court and is still pending before that
tribunal. They add, that since the
filing of the first complaints of the
defendants, Bratton and Hatch have
appeared at irrigation district head
quarters and demanded possession of
the offices of assessor-collector and
treasurer, to such an extent that "in
order to maintain possession of said
offices the plaintiffs have been
forced to be constantly at said Of
fices either by actual presence or
the presence of deputies"
They allege further that the
welfare and good order of society
and government require that the
plaintiffs continue in the discharge
of the public duties of said offices
and that the defendants be re-
strained and enjoined from disturb
ing plaintiffs until such time as the
title to said offices has been de-
termined."
In order that service of this notice
might be made on the defendants
before the Monday hearing, Judge
Vaughn Thompson this morning
signed an order that service be
made before the close of business
today.
Judge Benjamin f. Warmer, San
Bernardino, has been appointed by
the judicial council to preside at
the hearing in superior court here
Monday morning on the order to
show cause why Winnie Barry and
Frank H. McIver should not be
compelled to yield the books and
records of the offices of assessor
collector and treasurer of the irri-
cation district to E. N. d. Hatch
and Charles A. Bratton. Informa-
ton of Judge Warmers S appoint
inent was received this morning by
Judge Vaughn Thompson who had
issued the original order.
This action was taken upon the
definite refusal of both Barry and
McIver to yield their offices to
HdUcH anu DldItoii Ill oPiVc Vi oiiC
fact that the latter possess certifi-
Gates of election authorized by the
board of directors of the district
showing that they were elected to
these offices in the February s gen.
eral district election.
Last week Judge Mundo of San
Diego dissolved an injunction which
had been brought against the quail
flied officers by Barry and McIver
to prevent them assuming the
duties of their office. A rilanda-
mus proceeding brought by the in
cumbents against their successors
has been taken under submission by
the appellate court with decision
expected about April IL.