Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-04-02
THE WATER QUESTION.
All the Candidates on the Citi-
zen's Ticket in Favor of OBJ
taininR a Decision From the
Supreme Court on the Case.


There being considerable talk
among the citizens of the City in
regard as to how the candidates on
the various tickets stand in regard
to the case against the city by w.
NJ. Jack for water rental, and be-
lieving that it is due to every voter
that he knows exactly where every
candidate stands, the candidates
on the Citizens Ticket submit the
following statement:
On the 7th of September, 1898,
the Board Of Village Trustees pass
ed two ordinances, Nos. AZ and As,
giving to II. Orchard and w. Il.
Graham, franchise to construct
water works in Grangeville, in con-
sideration of supplying the village
with fire protection as well as water
for all municipal purposes, the Will
age was to pay as water rent the
sum of 81 900 per year, the village
in the contract reserved an option
to purchase the works at any time
after ten years.
This contract was complied with
by both parties until the election
of the board of Trustees of last year
when further payments were re-
fused, they claiming that the con-
tract was illegal and void.
This contract was entered into
in the first instance for the reason
that it was necessary for the we'll
fare of the village that some pro-
vision be made for water supply;
both the village and the parties
putting in the works had legal adj
vice; the village from the attorney,
and the others from the foremost
lawyers of Idaho. The contract
was entered into by both parties
believing it was legal and binding.
The board of trustees having re-
fused to pay the amount due to
w. M. Jack, who had succeeded to
all the interests of Orchard and
Graham, and was the sole owner
OF the water system, on the 4th of
September, 1902, he commenced
suit to recover the amount then
due, amounting to $4,000. The
Board of Trustees employed Messrs.
Fogg & Nugent to assist the Will
age attorney w. H. Cassidy, in
defending this suit; the case was
tried in the district court and on
the 10th of February, 1908, findings
OF fact, conclusions of law and a
judgement was filed; the District
Judge having found that the or
dinances were valid and the con-
tract legal, and gave judgment
against the Village for the amount
then due, together with the costs
Of suit
On the 10th day of February,
1908, notice of intention to move 3
for new trial was filed; this is as
far as the case has proceeded until
the present time: 1t is the desire
both of Mr.. Jack and the citizens
Of the town to have the matter .
finally decided. In view of these 5
|acts and that the first steps have {
been taken in order to have this !
case properly presented to the
supreme Court, and in view of the
TACT that as citizens we wish to
have the matter decided once for all
so that there can never again be a !
question as to what is right and .
egal in the matter. An addition !
II reason why this cause should be
decided by the Supreme court is
that nearly all the expense of the
appeal will have been contracted
before the present board goes out
Of Office. WE ARE IN FAVOR OF t
THE APPEAL IN THIS CASE
PROSECUTED TO COMPLETION, AND
THE CASE FINALLY DECIDED BY THE
SUPREME Court OF IDAHO, and if
elected will not ask to have the :
appeal dismissed or stopped. :
Dated March 80 1903. !
w. w. Brown, ,
w. A. HALL,
A. G. LANNINGHAM, $
GEO. ID. SMITH,
c. p. CONE,
&. III. SCHMADEKA,
r. +. FULToS, i
JOHN NORWOOD,
JOHN Z. JAoUEs. l.