Evening Star Newspaper, September 23, 1931, Page 29

QOutlaws By Peter THE EVENING STAR. WASHINGTON, of Eden B. Kyne SYNOPSIS. A devastating feud has -lmon wiped_out clans in ‘egon ry, and Nr @ Tichenor. &0 The "0y princlpels lers. ° Youne Tien: gnor (half Hensley) returns wealths ater al ers) as just died orey ¥ h 1 hel {n hc!'l:' erselt hels 1o 8 % Babson ease. Loity fin encumbered cattle ranch. - Silas Erasping banker, schemés fo et ‘Lo Property_and lands owned by Nate Tiche- nor in Eden Valley as the necessary keys to an irrigation and power project. He aims to play one against the other on the atrength 'of the anclent feud. But Nate dnes mot ‘carry_on the_feud. ' In: helps lay ‘out Rance Kershow sitends to funersl arrangemen Valley buzzes with the news tnai the sur- vivors of the Eden Valley feud have buried ihe m(cneth Nate tells Lorry that he and oA 3 i ney, to assist Lorry on the ranch. INSTALLMENT IX. HEN_Silas Babson returned to Valley Center he brought with him three legal docu- ments, all undated. One was & petition to the County Board of Supervisors for permission to form the Forlorn Valley Irrigation Dis- trict; another was a formal application to the State Water Commission re- Questing the allocation of the Forlorn Valley Irrigation District to the flood or freshet waters of Eden Valley Creek: the third was the articles of incorpora- tion of the district. The attorneys he had_ consulted, Messers. Brooks, Gagan & Brooks, had agreed with him that, under the cir- runutancas his strategy was excelle but had taken ocecasion to warn him that if Nathan Tichenor and Lorraine Kershaw should decide to 3??050 his Fmpocmun seriously, he would realize hat he had a fight on his hands be- fore he got through with them. “Under legislation recently enacted a Btate Water Commission had been ap- inted, and this commission had co | of the so-called ,unappropriated waters in all the streams in this State. ‘There are undoubtedly billions of gal- lons of so-calid unappropriated water | in Eden Valley Creek, and there is no <doubt but that the State Water Com- mission will grant the petition of the Forlorn Valley Irrigation District for the allocation to it of these so-called unappropr; waters. “As I understend your situation, if You can get your machinery in opera- tion to enter a condemnation suit be- fore Tichenor sells his dam site to this power company you suspect of having an interest in it and before the Ker- thaw girl sells her l.l.ke n i same power .company, filing of that-sult, nwmdul.ly ruin fhe aspirations of your competitor, and you may safely accept my assurance o T “7.‘:352';2""“ . " However, what the rigation district will have to enor and Miss Kershaw tor erties is, of course, a matter Ior . ,ury to determine. Your irrigation district will have to pay the price within 30 days or forfeit forever its right to ac- quire the lands.” Babson nodded his 'comprehension and the attorney continued: “Your first choice of an impounding dam is now owned by Tichenor and the ‘lake site by Miss Kershaw. If these proper- ties are sold to the power company, being a public service utility, it cannot be disturbed in its possession by a other similar corporation. You un €erstand that point clearly?” Again Babson nodded. “We will assume that this is exactly ‘what will come to pass. You will un- derstand that in the position the power company will occupy, it will not have to purchase or condemn any water rights from Tichenor and Miss Ker- shaw. The water will pass over their ranch lands, just as it has been passing for centuries, and the power company will merely impound it just lbove the point where it normally goes to waste on barren lands which nl" lie in the blic domain. The it o( flle nterior, which has the public domain, will doubtless me no objection to the im to the old channel of the stream have their fair share of the water.” “That is a contingency which will never occur, Mr. Gagan. Those waste lands, even with frrigation, will never attract anybody. “We will assume you have the cor- rect viewpoint. We have already as- sumed that you will not be able to acquire the Tichenor dam site and the Kershaw lake site. Now, have you an alternative dam site and an alternative lake site? Unless you have just hand us a check for this wrview and forget your irrigation project.” Babson drew a sheet of to- vlrd him and made a rough sketch ch of thle‘y and the lon of the valley, 'hlch henor and the Ker- lly referred to as the Pan,” he exp]flm “This narrow canon at the head of the Pan is known as the Handle. By cutf a canal through a pass in the hills on the ‘western boundary of Forlorn Valley and installing our floodgate there, the water can be led into this natural reservoir by easy gradient along the northern base of the hills that form the southern buttress of Forlorn Valley and separate it from Eden Valley. ‘Thence, laterals | . from this main canal will lead the water over some 30,000 acres of Forlorn Valley. There is a 10 per cent slope.” “And your diversion dam would be in the public domain. eh? .Have. you sufficient political infiuence in Wash- ington to induce tha Deplfl.mem of the Interior to grant you_ permission to YOU NEED NO LONGER BE TOLD THAT YOU HAVE AN EXPENSIVE FOOT AAAAA toEEE Sizes 11012 |“IRIS” in Black Brown Sucde New Smartness in the Fall Styles of ENNA JETTICKS .....yet they retain every bit of their well-known comfort, Beautiful Hoslery, $1.00 Exclusively ENNA JETTICK | erect such a diversion dam, dig your main canal and d your water in_the public domain?" Babson smiled. “I feel agsured we can work that game throun. our local Repru‘nutlve and Senator. an Tichenor and Lorraine Ker- Gaghan reminded him smil- "They own lands riparfan to en Valley Creek below the proposed diversion dam and may block your as- piration with the Department of In- terior by claiming you ate diverting water from riparian lands to non- riparian lands to their signal loss and damage.” “But we will not divert their share of the water, Mr. Gagan. Our plan is to ahn ingl; in | divert only that portion of the flood or waste waters allocated o us by the division of water rights, which 1s under the ‘cantrol of the State Water Com- mission “That will be fine, provided you can get away with it,” the lawyer replied dryly. “My p‘rtnm and I have con- sidered this new law very carefully, and it is our opinion that it is subject to successful attack by an energetic and belligerent riparian owner as unconsti- tutional.” “It's been on the statute books five years,” Babson challenged. “Why hasn’t it already been declared uncon- stituticnal?” “Probably because ncbody has pressed hzmpoll:t. L?Wyershvlho wom%':e en- tackle such a tough t are l!kh-pfleed and the men who would engage them usually cannot afford them. 8o the victims make the best of the situation and get .along on the amount of water allocated to them by the State Water Commission. “Tichenor and ‘the Kershaw girl will :ot‘nght us,” Babson dec confi- ent] “Nevenhelul. if they're smart they'll fight you. From what you tzll me. these people come of flg‘ht “Well, suppose we lose,” tered. “The district can still get rid of them by condemning all their lands' ’v(v:tler rights and buying them, can't “Yes, of course. But you'd still have the power company on the creek below you clamoring for more water than thev would then receive.” “Wouldn't the Stats Water Commis- sion have to adjudicate the quarrel?” Again Gagan. smiled his enigmatic smile. “I suppose so. Still, with these two riparian owners eliminated by a condemnation lult. the issue would lie between you the power company, you seem to think, there is d hn.ln capital stock. Having gorged m.a for botlm a compromise should not reach.” . “It's & chance X'll hln to me, ns- son umv. 5 rered , thinking of the mortgages his_bank held on dry farm- ing Jands ln Forlorn Valley. Once he succeeded in m'.huehndl. -ud %‘" tabilized—lkewise the nlue of his sormaie E"angle ol the situn- icn on eve e of the - i cenironted. Bim, he paid his tion that bill and returned to Valley Center in great good humor. He had boiled the 1ssue down to its essentials. The water would cost nothing save the expense of leading it to Forlorn Valley, or, if Nate Tichenor and Lorry Kershaw should op- pose him successfully, he would have to buy them out via the condemnation it process, If his plans matured in ndv.nee of thos: of the power com- pany he suspected of interest in the Eden Valley water, he was safe. 1f they .didnt, he would still not be 1uined. And once safely put of the un- pleunnt situation in which he found | g; himself, he cared not & fig should ruin overtake the district subsequently. He told himself it was high time he liqui- cated his various interests and retired on the income from his capital (To be Continued.) —— Flyer Back in Restaurant. NEW YORK (#).—Iola, Gentry, flying cashier, is back at her old job in & Brooklyn restaurant. Use of her arms is impaired by injuries -suffered two years ago when her plane crashed during an endurance m;m killing her co-pilot, Jack Ashcraft. 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