American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1908-07-18
SETTLERS SEEK
FRIENDLY suit
To Settle Differences Between
Company and Enhymen.
Payaest q Principal and lsteses. la
vslved Where Water Has Not
Bees Delivered Method Of
Delivery Alse lscluded.


Carey Land owners. was held a, Aber.
deem Saturday. The meeting was held
IN response 10 call from c. W. Brown.
who explained its object to be To discuss
conditions and 10 see If some way OF
bcttcring them could not be brought
about. He said some people filed on
land In April. 1905. and their contract
entitled them TO water the mex, year.
but 1907 passed and no water. fspeaking
Rcneraily) and none SO far In 1905. al
though the contract says water is TO
be supplied each and every year here
after. Regarding deferred payments
the company in some instances had
agreed 20 seeept the principal and
leave the payment Of interest TO future
adjustment. In other cases IL demand
~d the payment Of both interest
and principal. regardless OF the
fact whether or no, any water had ever
been received. To ask entrymen TO pay
for something they have never received
rs prcpos,srous. he said. As 10 pay
men, Of principal. he stated that n,
hnt It bad seemed that !, should be
paid when due. In 1905 the company
agreed TO deliver water the following
year. bat failed. Some people paid both
principal and interest. and some prinei.
pal only. The question is. are any pay
men,s due, The contract seems 10
hinge upon compliance with the frst
articles Of agreement. II they are not
performed. he said. i, Is clear the con.
tract lapsra. Nothing can be demand.
cd of the second party until the sirst
party fuifiils its contract. The meet.
ing ~ss called for the purp-sse Of eecur.
ing harmony and united action In deal.
ing with ,sese matters. IL seems that
the matter resolves itself into three
propositions:
Firs. II interes, dueg
Second IL principal. under the con.
tract, due when first party has not per.
formed i;s part Of the contract
Third Il the delivery Of water in a
ditch. within half mile Of every legal
subdivision consisting Of leo acres. com.
piancc with the contract, IL no prae-
teal poin, ia found for delivery!
J. G. Hurt asked II the breaking Of
the canal would release the company
according TO article vii. Mr.. Brown
aaid. who can claim this failure 10
deliver waterl Is an accident beyond
their eontrol7 II was the laying of Of
teams that prevented finishing the ca
nal. Others should not be made 20 suf-
fer through the compsny's oversight. Z"
Geo. I. Wilson asked when the con.
tract Of the company with the state rel
atiye to finishing the canal expired. To
which Mr.. Brown replied that il ran for
five years from 1905. but that the COM
pany had had two extensions.
Mr.. Brown said the people should de-
mand from the company the same cx.
tensions under the contract as the COM
psny bad received from the state. This
would be only fair. and should have
been granted without resorting to the
courts. He urged the people to get
ready and put test case through the
courts, one that would embrace all the
points involved. unless the company
would equitably adjust matters, and
contended that contracts should not be-
gin to operate until the company begins
the contiguous delivery of water.
Q. T. Faa raised the question of
whether or not the company could fore
close on land before patent is issued.
1t was decided that the water right was
lien and could be enforced at any time.
+. D. Hines approved the idea of
bringing a test cast to settle these vex-
ing questions. Personally he had no
complaint, but believed nothing short
OF court decision would settle the
question Of whether or not the bringing
OF water in ditch to within half a mile
Of the land, If IL was not high enough
to become available. was delivery un-
der the contract or not.
G. A. Bartel said he had asked En-
gincer Church about the delivery of
water at an available point, and was
told that there was nothing in the con-
tract calling for such.
George +. Wilson said he did not
want to get into lawsuit, and thought
Governor Gooding and the land board
would take action If the matter could
be presented to them in a comprchcn-
sive way, and advocated the appoint
ncnt Of = committee to gather and ar
range information concerning true con-