The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1897-06-12
A Peaceful and Satisfactory Adjustment
Of Claims.
SPECIAL JUNE TERM OF COURT.
Many Lawyers PreSent-NegIigent or
Ignorant Justices-A Number of APP
peals From the Commissioners to Be
Heard in Chambers.

thursday Jne DlSCrlCC Court opened
in special session to try the Big Will
low creek water case going under the
title of Chas. A. ellison VS. Frank Ban
mister, ct al. Some other business was
also transacted. Attorney Frank 7.
Smith appearing for Jasper Hess, con
fined on charge of burglary committed
at Payette, secured his release on a
writ of habeas corpus. 1t appears
that the record made up by the Justice
of the peace at Payette did not indicate
whether the burglary charged had
been committed in Canyon County
Idaho or Constantinople or elsewhere.
The prisoner was therefore released
1t is said that five persons charged with
crime have recently been released be.
cause justices were negligent or ignor-
ant in the matter of making out papers
and conducting examinations.
In the case of BENZ. Epperson VS.
Lowry, plaintiff was given Judgment
for $l3I7o. The following cases: Sher-
if Taylor VS. County Commissioners.
appeal from order disalIowing deputy;
Judge Little VS. Commissioners. appeal.
q. A, Hand VS. Commissioners, appeal
from order allowing Jake Horn war
rant, all to be heard in chambers at a
time to be agreed by attorneys. The
case of D. D. Campbell VS. Commission
ers, continued for the term.
The case of particular interest and
great Importance was the water case
and great many people from the Pay
cite Valley were here. Fortunately the
case never come on for trial A com.
promise reaso nably satisfactory to all
was effected. In this case a large num-
Der of lawyers figured. w. E, Borah.
Fremont Wood and Frank Wyman
were down from Boise The local at
torneys in the case were Rice and
Griffiths. w. E. Wallace of Payette
was also it is understood connected
with the case. The subtance of the
compromise is as follows; Defendants
David Knee and Henry MOsman were
dismissed without prejudice. Saddle
COulson was decreeded 80 inches of
water with priority right over all other
claimants. Water running in the Big
Willow creek in excess of 50 inches
goes next to Peter Pence and Alfred
Ayers; when sufficient, Pence gets 100
and Ayers gets 80 inches. If there is
not sufficient to supply the quota, it
shall de divided at the ratio of 8 to 10.
Any water in excess of the foregoing
decreed goes next to Chas. A. ellison to
the extent of 50 inches, and the re-
mainder, if any, goes to the BannisterJ.
If a quantity greater than the 80 inches
decreed to ellison and Bannister be
flowing to them such excess is to be
deVided between them, "a to Gibson and
% to Bannisters up to 40 inches. The
aggregate amount thus distributed
shall be 300 inches. When a quantity
of water in excess of the 800 inches is
flowing, then the distribution shall be
made as follows: In thirty -sixths, 5 to
Coulsen. 10 to Pence, and 8 to Ayers;
in twenty fOurths, to ellison and 3 to
Bannisters. The decree is one of
distribution as among the parties to the
present suit and in no way touches or
effects other claimants, if other there be.
1t is said that the spirit of fairness and
disposition to do absolute justice mani
fest by Pence and Ayres was most
commendable. Court adjourned yes
terday morning; the outside lawyers all
returned to their homes. Judge Stew
art went down to his orchard on the
Payette to spend day or two.