Show Cost Assessment Not Fot ot Affected by byRl Rl Killing t ing Opinion Decision of the 8 supreme court In denying the writ of ot mandate against J Judge Melvin E K 11 Harris of the First PInt district for the tho purpose of ot collectIng collect collect- tag Ing certain mon money for tor the lae tate state engineers engineer's en en- n. n revolving fund u. u the writ having barine been asked bel for tor b by the state engineer d. d doss doea not not la In any aDI wa way affect altot the orders orden of ot courts heretofore e made d ass using costs coMa w. w where those eats costs hay have alred already Men been paid and aDd no DO objection has baa been n raised Tb This ts ill the conclusion reached by Harvey H. H Cluff attorney are general nJ In reply ply to questions asked by bJ the state tto engineer who submitted several sev- sev s r I eral erat questions pertaining to the decision The attorney general nl points out oat that it will be pro proper for the state tte engineer to continue his work OIk of adjudication on the various streams and In the tho several nral adjudication suite sulU Ie on Which the engineer hashen has hen been working provided that he has funds with which to continue continuo the work and aDd with the tho understanding that the tb expenses Incurred cannot be e taxed aa as costs In the tho case cane under unde-r the decision of 01 the supreme court As A. to the vol revolving no fund it Is la shown hewn b by the attorney general ge that the he late legislature made maelo no appropriation hence the tho board of ox- ox x- x ant pt allow a deficit and andIn andin in n the b bt funds funda on hand it ita t. t a not deemed advisable to attempt at at- tempt empt any new adjudication suits cults Any moneys advanced Cluff conClude concludes con eludes Clude by water ater users on the Mill MillDam Millam Dam am creek should be tum re-tum returned d if It they the were advanced with the un und understanding understanding un- un d that when the adjudication adjudication cation w. w was completed all an costs costa would be bo assessed 1 |