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Show C.C.y. •••'• The Judge o7 this District left for Europe yesterday, and it will not now bo possible to procure a restraining order without obtaining another Judge to come to this District. The Judge of this Court will not return until some time in August. 0)i Nov. 17, 1006, I received a letter fror, you which contained the following: "I am in receipt of information that tho r,ry Gulch Irrigation "Company have instituted suit, in the court of _ho fourth Judicial "District of Utah, to condcim a right-of-way for canal purposes "in accordance with existing statutes, in the District known as "Lake Dork Bench. " It seems to me that you shouiY. have notified this office at once when these companies commenced the cone .ruction of these canals -without authority. If we had received this notice a few days ago an action could have been commenced and a restraining order obtained at onco, and we could have wired for permission from tho Department of Justice to have brought this suit. As there is no Judge in this District now, and it if.; not likely that one will be here before August, there is plenty of time for you to place the matter before your Department, and if that Department concurs with you, then a request will bo made of the Department of Justice to direct me to bring this action. I believe that this is the best procedure in all case3, and it acorns to have the approval of both tho Secretary of the Interior and the Department of Justice, except in cases whore time will not admit of such a course, as stated in the above quotation. An action could be commenced against these companies without the procurement of a restraining order, and this might have the effect of causing the companies to cease their work until ordered |
