American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1908-07-18


never been properly advised of eondi-
( tions.
X. r. Goerz thought the better way
to adjust matters would be through the
land board rather than the courts.
Lewis Tanzer stated that he had made
complaint 10 the land board, setting
out that he had lost his crop on account
OF failure TO get water, giving full
and complete details. but tina, he had
been unable TO get action.
j. r. Re,herford said he was notified
that water was ready for delivery To
him on April 4. He later asked the
land board for an extension Of time in
which TO establish residence. alleging
that he could not get water. The land
board, he said. had denied his request.
quoting IN their letter an extract from
letter received by the board from
Manager Sweet Of the Canal company,
that water could be put on Mr.. Rether-
fond's land in four days. And yet. Mr..
Retherford said. water is still unayail-
able. and | am unable 10 make proof
after establishing a residence and ex-
pending about 500 in the construction
OF n lateral.
{. w. Brown moved that committee
Of three be appointed To draw up an
agreement for settlers to sign, which
would pledge them TO make no further
payments Of any kind. and TO stand to-
ge;her and pay share and share alike.
To settle the matters at conflict in the
court.
NJ. r. coen. &. w. Brown and O. T.
taa were appointed. and the meeting
adjourned awaiting report Of the com
mittee.
After eonferring some time the com
mittee brought In an agreement for en-
irymen 70 sign pledging themselves 20
pay an assessment Of no, 10 exceed 50
cents an acre To bring suit against the
company. The agreement WAS silen,
as TO the matters at issue. and this fact
led TO misunderstanding John Il.
Foulss. who had no, been present dur.
ing the time before the committee WAS
appointed. came in while the repor, was
being read. and outlined his views.
which were against the adoption Of the
report. He expressed his IDEAS OF the
proper procedure clearly. and they en-
hrsrcd much tina, WAS in harmony with
the purpose FOR which the committee
was appointed 10 provide for.
o. II. Barber called attention to the
apparent misunderstanding. and sug.
g.sted that Mr.. Foulks be added TO the
committee. which should retire and
bring IN another report. Mr.. FouIks
declined 90 serve. but said he was
willing 10 give the committee his
views. The committee retired and an
adjournment was taken.
Mr.. foulks met with the committee
and rcstated his views, but did not re.
main until it. labors were completed.
nor take further part In the meeting.
Following is the second report Of the
'RHAiatAtAtfs WHICH NaH aNNtktls
Aberdeen. Idaho. 7-ll-Os.
Whereas, the American Falls Canal
& Power Company il demanding pay
ment Of principal and interest on the
various contracts with entrymen. re-
gartilcss Of the fact whether or not the
water is furnished and available. ac-
coriing to the contract. therefore be /,
Resolved, That we. the undersigned.
hereby resist the collection of both
principal and interest. until such time
rs water is available and fur
nished for each respective tract. and we
deny the company's right to collect or
receive the same pending the fulfill
ment'of its contract fer furnishing wa.
ter for the purpose of determining in
definite manner the legal status Of this
question. and for determining such other
matters as may be deemed advisable.
We respectfully request the company
TO institute suit at law against { -
In court of proper jurisdiction and to
pros ecute the same to final hearing
with all diligence. Said suit to be con-
sidcred as not unfriendly between the
parties.
For the purpose of defraying all
necessary and actual expenses and costs
in said suit on the part of said entry
men. we hereby agree to pay upon de- |
mand our pro rata per acre to the treas !
urer of the American Falls Canal Asso-
citation, at the First National Bank of
American Falls.
After some discussion the report was
adopted. A motion then prevailed that
the entire matter be referred to the
Canal Association, which was empow-
cred to take such steps as might be |
necessary to put the resolution into ef. |
feet.