The Republican. [volume] (Mountain Home, Idaho) 1903-1909, 1909-10-16
AFTER LONG LITIGATION THE CASE Is
DISPOSED OF TUESDAY--OPINIONS
OF ATTORNEYS
Judge W. tiers Renders Decision in Favor of
the Company and Will Appoint
General Receiver

General Receiver
The far famed Of the Great Western Beet Sugar
company the users under that system up for
trial and final disposition before Judge Walters in the District
Court Monday and Tuesday and decision rendered favor of
the defendants Attorneys HoWe and Wolfe of this city and
Attorney Blake of the firm of Cavanah Blake of Boise ap
peared for the defendants and Attorney G. Watts for the
plaintiffs The suit instituted by the water to gain
control Of the Great Western they claiming that nasmuch
they had released stock the form of water rights from the
company with the understanding that in doing they were
acquiring interest in the SYSTEM sued to have that under
standing respected that they might take the system from
the Great Western which had already declared itself nsoyen
and incapable of furnishing water under existing crcum
stances they getting satisfaction from the Great
Western Beet Sugar company nhe absence of promised water
and that the company could give the relief asked for by
putting the sysem in repair
At the nstgation of the water users, and temporary
relief Judge Walters appointed Norman lsachson of Albion
receiver of the companys affairs last spring with authority to
issue receivers certificates amount sufficient to cost
of putting the system repair so that it could furnish water
for the season. at least This accomplished and
the case up for final dismissal in the District Court Tues
day. when Judge Walters said he would appoint general
cever for the company just Mr. sacson could clean
up his business here and settle all accounts The decision
therefore, in favor of the Great Western Beet Sugar
pay equivalent saying that the water users could not
claim the system by virtue of the water rights they have pu
chased
The opinion of the Judge is met with comments
Some of the water users contendng that it is the best thing
that could have happened and that ultimately the system will
be placed in stage of permanent repair and the water users
will reap the benefits That the of the Judge has
moved the cloud of uncertainty that has enshrouded the w
and through that the city of Mountain Home and the
of prosperity, present future shines While
others feel that mistake made in not declaring the water
users the positive of the SYSTEM and giving them the
authority of using at their discretion that the system
now tied up indefinitely and that the point its history where
the water right holders would derive benefit from the Great
Western Beet Sugar company further away than
The local officials of the company have comment to
make upon the decision Of the judge other than they had moth
ing to gain through the appointment Of assignee only that
would simplify matters in extricang the Great Western
from it's entangemens They feel that through the medium
of assignee the water get quicker results that by
him selling the SYSTEM if such is the elimination OF his ap
pontment the works could be made larger by those who
bought the system and result the water users would get
more water more land could be irrigated resulting in great
er number of farms being cultivated and larger and better
Mountain Home.
There is always difference of opinion where large
ber of people interested and concise view of both sides
of the controversy given through interview with the at
torneys interested.
What the ultimate result will be-which of the opinions
as to the veal of Mountain Home and vicinity, will
prove the one is of matter for time alone to
decide If appointing the general receiver will result in the
system being put in condition that will eliminate the straight
ened conditions of the past when it purely matter of
chance whether not water would be furnished Tor the aS
ing the years crops would the proper procedure to
employ thus assuring permanent water supply and never
failing CROP has been demonstrated beyond any doubt
that with plenty of crop failure unknown in this part
of Idaho But all this should be accomplished without any
additional cost to the users other than maintenance
fee sufficient to keep the system in repair