Show BEAVER WATER ORDER UPHELD proceedings instituted by tit tho mammoth canal intention corn com piny pany and others to prohibit judge thomas II 11 hurton burton ot of tile tho beavor county count district court front continuing with tile tho gonci oral il of tile tho tights rights to the ubo ot of tho the wa tori tars of tile heaver beaver river system wore ordered quashed in a decision hand cl cd down dowil by tile tho state supreme supie ino court monday tills this was an all orI original gInnI proceeding for foi a writ wilt ot of prohibition directed to judge lb irton the plaintiffs con tended that thoro there had bacon consid orallo litigation involving tho the water rights tn tit the beaver river hysten I 1 mid eliat tho the rights above blocky it per biord dam dain no as well as the those 30 below the dam which aro are used by tile tho town of at had boon been doter ininee as among the plaintiffs and as among tho the parties to tile actions in fit which h such docious were aio oio mado made it was as contended that this tion was mado made before the commencement or of the so ho called hardy action in ili which the order for foi the general determination dokei initiation of tho water vater rights ot of tile tho system was as issued december 28 1926 i by judge barton and that tha further betoi determination initiation of these rights would be 10 an all unnecessary burden on tile water users upon tile tho filing ot of tho the petition of 0 tile tho company with tile tho sit irenio court asking a writ wilt ot of prohibition that tribunal issued an at al lei ler native nativo writ directed to tile trial court restraining further proceedings in tile hardy action and directing tile defendant judge to appear tind and show cause cabiso why shy lie ho should not bo be absolutely restrained and cited from an any furth er proceedings in tile matter judge burton filed a dc murier to tho the petition on tit tile ground that it did not state facts lelent to justify the relief requested and also lied an all answer ill lot oath with a prayer prater that the hiter alternative nativo writ bo be dismissed tito the supreme court lit in its decision held that tile district court of beaver county when it anade and entered its order of De december cembor 28 1925 providing for a general determination mi of the rights to the tiso of the waters from the beaver river system acted within tile the hintta ts ot of the powers bestowed upon it by the provisions provi slona of the laws of this state it was held further that nothing which has occurred since in the hardy action so BO far as the record show has deprived tile alio district court of its jurisdiction to proceed with such general determination in the alio mannor manner provided for by statute tile the decision of the supreme court was w written ritten by judge dilworth woolley of the seventh judicial district who sat with tho the high tribunal on tile the case in tile the absence or of one of the justices tribune |