| Show IT A ANON OUTLAWS 0 UT L AI W LW L s of 01 EDEN D 1 N R by OW rv lc I 1 I 1 PETER bo B by b iglar pf B kyna ky CHAPTER XIII continued 4 16 1 I do but the forlorn valley irrl gallon not gobush go bust and with the increased ti I 1 can dou hil ngIn gln value of the lands and and their increased earning pow ei er this banks security will be ample and the and deeds of truit will be paid if not they can be foreclosed and the bank cantale can take over the lands subject of course to the bond issue against and they can then be sold very readily I 1 have no apprehensions on that score and isyou if you are trying to frighten me you are not milking making a very successful job olit nate tichenor chenor Tl pointed through the open door of the bank to a lot across the street where i a liang gang of workmen were engaged erecting a one story building of cream brick that lot aad and i building are mine tichenor informed firmed the banker lightly im going to start a bank there with a million millio dollars doll irs capital have to prove a gen genuine nine need tor for another bank and have bave to prove that hat your bank his has some sound hopes for success and you cannot do that while the bank of valley center continues to function as at present well vell ill be all set ready to take over the wreck of your bank babson im patient I 1 can wait As tichenor walked out dabson babson turned to henry henry that fellows so rattled he know what to do hed like dostart to start an injunction suit against the district t but hes not at all certain lie he can win henry lies actually erecting erect in a bank building across the streit street hoping to scare me into a compromise to save hissam his face can you beat him hes small change mr replied disdainfully forget him but mr Kook Rook bys airy advice failed to bring the measure of comfort for which babson yearned even his own assurances presently failed him nothing lit in life Is more distressing than uncertainty and the uncertainty as to whether nate tichenor chenor Tl and lorry ker bhae would apply for an an injunction restraining the forlorn valley irrigation district from diverting water from eden valley creek was a profound uncertainty indeed babson wondered whether tichenor chenor Tl was really depressed over the situation really dis inclined to a fight in the courts that night silas babson went home with a violent headache ile he did not sleep well either and the following night he was very weary indeed the third night he was still sleepless and then his old enemy insomnia claimed him and he had a nervous breakdown the postmaster at valley center reported that nate Tic tichenor benor must loathe the town with a great loathing because not a single letter from tichenor his wife or their employees was ever posted in valley center and as everybody knows tile pay of a coun try postmaster la Is predicated on the amount of business lie he does docs I 1 A sl similar tit ilar complaint came from the local telegraph agent and the local telephone agent nobody could coul d ascertain via these agencies anything of nate Mil lenors business and this was i a genuine deprivation nor was ins a single gi dollar of tichenor money expended in I 1 valley center for anything that could be purchased in gold cold run abe the irrigation districts benj engineer neer reported I 1 to babson that before the first t lake babson would be oiled filled top of its flood gates babson liali son was was jubilant under hla his urging promulgated mul gated in the hie forlorn valley citizen thousands of acres of land had been prepared for alfalfa the preceding fall they had been seeded just prior to the first rains and succeeding rains at brief intervals had kept the new crops growing steadily and had deposited depo cited in alo tl lands sufficient moisture to last until the spring rains ceased and it would be necessary to employ surface irrigation to develop the first crop about the first of june babson decided therefore to open the lake babson bead gates for or the first time on may first and to make the occasion one of general rejoicing tile the descent for the first time upon forlorn valley of the life giving waters of faden val ley creek should he be an epic bent the prospect filled mm him with delight thrilled him film to art an unwonted generosity ile he owned rather a lovely farm on the western edge of the district and through this far tile main canal had been dug with the laterals literals late rals lead ins ini from it down it gentle slope to tile the past cast and taking advantage ige of areri every contour there was a grove of valparaiso paraiso live oaks growing on this form farm close clohe to the edge or of the main canal and here babson decided to hold a barbecue for its ills penpit A dramatic frenzy gradually seized him slay blay day immemorially dedicated to festivals was to he be his day of trl triumph a day that should repay him for his years of labor and self sacrifice for the public weal of course as president of the forlorn valley irrigation district his right to be I 1 toe the orator of the day could not be gains Kiln sald ld and nobody tried to gainsay it I 1 lo 10 ho dictated his speech to his r see cc detary edilee d it revised it labored ii iely ncr mer it iti und when it was corn com ill i lie memorized it and delivered it with appropriate gestures to henry li ook by after the bankead bank had closed tor for the day meanwhile alie he biad Jia dpn contrivance installed at the reservoir voir head gates and a wire led eight miles down country countr y to connect with a pushbutton push button on the speakers S tand stand at the ilia barbecue grou grounds roll ile he had the districts engineer proximately how long jong it would require the water to flow from the head gates to the grove grope tor for he planned at tile the moment mot tient of mounting the platform to press his pushbutton push button which ivelich would raise the head gates at the reservoir and release the water then at a certain dramatic point in his oration the water would make its dra matic appearance henry hoosby was to discover its approach and interrupt babson with shrill and appropriate cries of amazement and joy babson had a motion picture camera man from a news reel ag agency gen ey engaged to photograph the head of 0 the vast brown hood flood as it rolled down the dry forty foot main canal bank deep he sent out engraved invitations to the great of the county and plastered the barns and fences of forlorn valley with notices of the grent great event and a cordial invitation to attend everything thin free at the last moment he forgot his early religious training and erected a dance platform ile he decorated everything liberally with red white and blue bunting and the amerlean american flag and resurrected the striped trousers prince albert coat and top hat lie he had once been forced to purchase or look ridiculous when act aing ing as pallbearer pall bearer to a defunct congressman gress maD from his district ile he was so happy he elected to forget that toe joe brainerd had once punched him several times on the I 1 pose nose and sent over to the office of the he register a detailed announcement r e 15 eat drink and be merry for tomorrow be broke of tits his plans for lie he was ever one who loved publicity promptly brainerd carried this news to eden valley where nate TIch enors eyes glowed strangely ile he set off immediately for tile countryseat county seat the great day arrived and as babson mounted the spen speakers hers platform and gazed out over the hundreds of happy faces before him as the gold run silver cornet hand band broke into hall the hero cow comes es I 1 and three cheers and a vigorous rigorous tiger burst from tile the audience eadson babson turned to congressman beatty whose bose valiant work in washington had bad aided to tap eden valley creek and secure permission to run the dh dl erslon canal through the public domain and remarked that he was convinced at last that lie had find not met in vain bowing to the audience he removed tits his shiny top hat find and laid it on a small pine table before him film lie ile ga gazed zed loin lovingly ay iy at the ning magic le push but ton hla his hand reached lingeringly out to press it all unseen by his auditors happily liv he had taken the precaution so to place ills his hat that the pressing of the button would not be observed when a rude interruption occurred A commanding voice cried sharply stop that babson I 1 and abild babson stayed tits ills hand to glance up angrily nate tichenor chenor Tl stepped up tip on oil the platform behind him came his wife and kube tenney and a silence that eliat was almost thunderous settled bottled over the grove as it was a as observed that all three were wearing two six shooters each straight to Bab babions sons hide bide tichenor chenor Tl strode he delivered upon tile the babson shoulder a gentle accolade with a blue backed legal looking document and then thrust it into Bab babions baboons Ba boons sons liand hand th the e while he said so all might hear this Is a temporary injunction from the judge otibe 0 the superior court of this county restraining the forlorn valley irrigation district its officers members employees and agents from diverting the waters of eden valley creek to forlorn valley and ordering the district to show cause within ten days why this injunction should not be made permanent I 1 warn you silas babson that tf if you press that button you will be in contempt of court there was w a iii not a sound found for fully two minutes the three on the platform waited grimly then nate kate tichenor said eat idrina and be merry for tomorrow i be broke put bior ji arm arm through til disband sand together they descended the two short steps io to the audience mr air tenney grinning evilly trudged stolidly lit in the hinr down ahr the center aisle wey they passed to an automobile tanting outside the grove they entered and rolled away as sila iltis s baaso h was ready read ing aloud to his people the damnable legal document that had changed his pour hour of triumph into one of despair with difficulty controlling his voi vole cebe elle announced mr tichenor has a ambit of dramatizing himself and while he has of course robbed this historic moment of of certain high lights I 1 had provided for your entertainment still his rude and ungenerous interruption need cast no shadow oer us we are here to enjoy ourselves and we shall do so go and he proceeded to deliver his speech congressman conrad beatty followed him and assured his hearers that they had nothing to fear for the future take his word for that henry rook by invaluable in desperate moments had the hand band play whenever the speakers paused for breath or a drink of water and little by little the gloom of nate kate Tich enors dramatic visitation was dispelled and the party took on most of the aspects of a genuine jolliff catlon cation in nate Tich enors latest move silas babson and his fellow directors read only a last minute effort inspired solely by malice to embarrass the district with a lawsuit that would drag through the summer and thus foran for another year deprive the valley of water to thwart this therefore it was imperative that the district employ an imposing array of legal talent immediately med lately ii and nd have TIch enors suit to obtain a permanent injunction go to trial without delay four days later both sides had finished with their witnesses ses b both legal batteries had fired their last broadsides broad sides and his honor looked gravely over the top of his desk at the belligerents since tills this case went to trial he announced tile the supreme court of the state of california has rendered a unanimous de decision cislon in no an appeal from a decision ion rendered by th the e superior court in a case similar to this due to the recent decision of the supreme court an advance copy of which has only this morning reached me I 1 find myself in the embarrassing position of having to reverse my previous view as to the constitutionality of paragraph of the code of civil procedure upon which the defendant corporation po ration has based its argument in ID the issue at trial lit in general the supreme court of the state of california holds that there Is no such thing as flood storm or freshet waters in a stream but edere merely a seasonal rise and add fall of the stream and that all waters therein I 1 not merely the so called summer or normal flow are riparian to the bed thereof and may not be diverted from such riparian lands for the use and benefit of a non riparian owner the supreme court holds that all of the waters of said river which of course applies to all streams throughout the state icat are an inalienable and vested right of the owners oviers of the lands rips i f i rian thereto this court has no alternative alter nathe but to award to the plaintiff the permanent hent injunction pray prayed ed for tor restraining forever tile the defendant public service corporation forlorn valley T irrigation district from diverting any of the waters of eden valley creek this court also assesses the costs of this action to the defendants as prayed for in the complaint and it Is so ordered at a later inter date the court will issue a formal written decision but the court can see gee no reason tor for refraining fra ining from rendering nn an informal decision decisional at this time and referring the defendant corporation to its sole and inalienable right at law the right to acquire the lands of the bar 11 II land and cattle company et al through condemnation suitor purchase by private treaty court la is dismiss edt there was nothing else tor for silas babson to do save weep and he did ile eie laid jils his tired head bead on the counsel table and sobbed as if his heart must break dont take it so hard mr babson his counsel continued you have one more arrow in your quiver the district can still condemn eden valley and acquire its water rights of course it can nate tichenor chenor Tl was speaking from the other side of the counsel table but eden valleys fertile acreage far exceeds that of forlorn valley and it Is infinitely more valuable you cannot have eden valley for less than two million dollars and the lands in the forlorn valley irrigation district are already mortgaged to the limit babson red eyed gazed at him with something of the malevolence of a trapped mink youve ruined forlorn valley lie he quavered you realize that dont you 1 I given any thought to forlorn valley nate replied coldly just now im reveling in the joy that goines comes of the knowledge I 1 have ruined you all AD I 1 have to do to save forlorn valley Is to press a button for gods sake mr tichenor chenor Tl do it babson pleaded all these poor people who refused to permit me to bei be kind 16 to them and save thorn them from ruin tichenor interrupted harshly all these poor people who followed their false leader blindly and stupidly who refused to believe lorry kershaw and I 1 had hearts in our breasts breas tsi 1 all these poor people who hooted at me cried me down smashed my body and smeared me with road oil and feathers feather sf all these poor people who rejoiced in reviling my wife and me in reciting our sorry family history then said babson aghast ag liast you VOU rust intend to foreclose the deed of trust on forlorn valley the minute you yoli default on the payment of the interest babson and then press fress the button naturally ill have to to make my investment sweet just now its a wee bit sour silas babson gave vent rent to a moaning little cry like a hurt animal he slid softly out of his chair to the floor ue he had fainted A group of farmers seated in the rear of the courtroom now got up quietly and st stalked liked out Tic Tl chenor followed them to the door and stood watching them As if acting under the stimulus of a common purpose they walked to their shabby |
