88 



THE IRKIGATION AGE. 



VICTORY FOR SETTLERS 



(Continued from page 70) 



tion, has guaranteed the payment of the legal 

 charges against its shareholders and has a lien on 

 their rights for such charges that it pays and it 

 depends upon assessments on its shareholders to 

 maintain itself and discharge its duties. The injury 

 to these farmers by their threatened loss of their 

 rights to the water and the land by turning them 

 and their families with a few domestic animals 

 from their homes and their hopes of a comfortable 

 living therein, may not be measured by the few 

 dollars in damages they might recover after the 

 delay and expense of trials by jury to recover the 

 salable value of their rights to the land and the 

 water which have been depreciated and are being 

 constantly depreciated in value by the alleged acts 

 of the defendants, nor could the damage to the 

 association be fairly measured or recovered by such 

 actions at law. The irreparable injury to the plain- 

 tiff and the shareholders by the acts of the defend- 

 ants is fairly shown by the allegations in the 

 amended complaint and that complaint presents 

 facts sufficient to state a good cause of action and 

 to invoke the established power of a court of chan- 

 cery to grant equitable relief. The suit may not 

 be lawfully dismissed on account of the insufficiency 

 of the complaint. 



In the consideration of the questions thus far 

 discussed the presumption has necessarily been in- 

 dulged that the averments of facts in the amended 

 complaint are true. But counsel for the defendants 

 contend that they are not true and that the evidence 

 before the court below at the time the injunction 

 was granted established this fact so clearly that the 

 court below ought to have dissolved the restraining 

 order and to have denied the injunction. The re- 

 straining order was made by the state court on 

 July 19, 1913. On August 6, 1913, after the re- 

 moval of the case to the court below, the defend- 

 ants gave notice of a motion to dismiss the suit 

 and to dissolve the order which was heard on 

 August 28, 1913, and resulted in an order that the 

 plaintiff might file an amended complaint and the 

 defendants might renew their motion. On October 

 8, 1913, the amended complaint was filed. There- 

 upon the defendants renewed their motion and 



the plaintiff made a motion for an additional 

 restraining order. These motions were heard 

 on the complaint, the affidavits presented by the 

 respective parties and the arguments of counsel 

 for three days commencing about November 30, 

 1913, and then the court granted the order for the 

 injunction which is challenged by this appeal. The 

 complaint was verified on information and belief 

 by the secretary of the association and by one hun- 

 dred and twenty-four of its shareholders. It was 

 supported by thirty-seven other affidavits. In oppo- 

 sition to this evidence the defendants produced the 

 affidavits of the defendants Magruder and Walter. 

 About forty exhibits, consisting of the contracts 

 between the . United States, and the plaintiff, the 

 articles of incorporation of the plaintiff, the forms 

 >f the applications used by the shareholders, the 

 circulars and notices respecting the project issued 

 by the Secretary of the Interior and his subordi- 

 nates were also introduced in evidence. When the 

 case was heard below the defendants had not an- 

 swered the complaint so that as a pleading its alle- 

 gations stood admitted. The defendants, Magruder 

 and Walter, however, in their affidavits denied all 

 the averments of material facts in the complaint 



Illllllli 



\ Mr. J. W. 

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 | Kan., writes: 



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