Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-03-18
JUDGE WALTERS
NAMES RECEIVER
To Take Charge Of the Water System Next
Monday and Proccss44 . Resair
Canals and bitches

The Receivership trial in the case +
of the Great Western Beet Sugar
Company occurred last Wednesday |
and Thursday when = temorary Re- /
ceiver was granted TO take charge OF
the system and furnish water to the I
water users for the season of 1909.
There were two actions to come be- |
fore the court for consideration the
first being petition from the
Great Western Beet Sugar Company
for the appointment of an Assignee
to take charge of the Company and
its business and the second petition
from the Idaho Fruit Land Com
pany and number of Water Right
Holders praying that the court turn
over to them the entire plant as
completed system In both actions
the comany was represented by W.
C. Howie, and ]. G. Watts acted in
behalf of the Idaho Fruit Lands Com
pany-
The petition for an Assignee as
denied on the grounds that the law
was not sufficiently plain in this par
ticular instance to permit the Court
taking such action. The Comany
being organized and formed in
foreign state, it was questionable
whether the state of Idaho had juris-
diction in the caseof Voluntary
Insolvency. Should an Assignee be
appointed by the Court. at some
future tlD1esthe whole proceeding and
all business tranactions might be
overturned by ruling of the Supreme
court of the staet. w
A Receiver was granted the second
petition but with limited powers.
and the title of the system rs com
pleted was denied. Judge Walter,
deemed it best for all concerned
that immediate action be taken il
, the matter of delivering the water
in the hills to water users the presen
season. This is ordered done undel
his instructions to the the Receiver
j / but under an assignee this very i'm
! portant duty might have been delayed
: indefinitely. The Receiver as grante'
9 by Judge Walters acts, much in tn
capacity of water master for tn
> system. He is not given any juris
/, diction over the affairs of the com
pany or any authority to interfer
with its plans and business trans
u action in any manner whatsoever
e The receiver is placed in charge O
- the irrigation system solely for tn
IS purpose of bringing immediate relic
/ to the settlers on lands in thi
n vicinity. Following we reproduc
y the courts order in full only omitin
le title of court and cause.
This action came on regularly to
= heard, upon plaintiff application fc
Q receiver in Chambers at the coul
room of the above entitled court c
~ the 18th day of March. 1909. upon til
10 verified complaint on file in said a.
70 ton and the affidavits of Balphs
as Query and Thomas Mellen, and Il
" certified copy of the testifony of
er G. Yerkes, president of the Gre'
Western Beet Sugar company take
~ in that certain action wherein Thom
le Mellen, ct al, was plaintiff and II
Great Western Beet Sugar Compan
er ct al. defendant, on behalf of tt
De plaintiffs and the verified answer al
on the affidavits of S. G.. Rhoades, j.
tie Siffert, B. McWilliams and Balph
lie Query on behalf of the defendants
a the Great Western Beet Sugar Cor
is pany ]. G. Watts, Esquire, apear
i'll as council for plaintiff and w.
ng Howie as council for the Gre
Western Beet Sugar Company, a
en- <. M Wolfe as council for the Elmo
he County Irrigated Farms Associatio
m The said E. M. Wolfe rendered
i'll answer on behalf of the Elmo
it County Irrigated Farms Associate
nd which answer, on objection of coun
,th for plaintiff, was rejected by the COZ
led and not allowed to be considered
he the ground that said Elmore Cour
wn Irrigated Farms Association had I
zee comlied with the constitution a
the statute of Idaho. emitting them to
Y. business in said state
IN And the court having heard
in argument of the respective council. a
the being fully advised IN the premis
and it appearing to the Court that