Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-03-10
JUDGE WALTERS RULES.


The decision of Judge Walters in
ahe suit brought by Henry Hewitt,
Jr-. for the foreclosure OF a mortgage
against the system of the Great West
err Beet Sugar company is published
in fun an this issue and will. un-
occasionally. be eagerly read. This
lawsuit as one of the most important
in the history of the Fourth Judicial
District and, on account of the num-
erous interests affected and many in
feYVening parties to the action, Judge
WALKERS task was one of great magni-
1Dde. That he has discharged this
duty with firmness and rendered a
decision in accordance with the law
and statutes, as he views them, no
one, after reading his findings. can
question. That he has given to the
natter deep thought and intelligent
research is obvious; and this capable
and conscientious jurist deserves the
thanks and praise of everyone in the
community for his painstaking efforts.
The decision is one more step toward
sbe elimination of the vexatious con-
ditions produced through misguided
attempts to reclaim the fertile area
surrounding Mountain Home. Tn
fortunately these matters must be
gradually passed upon by the courts.
and most probably reviewed by the
supreme court. for as Judge Walters
remarks. some of the points at issue
are virgin questions and viii require
construction by the supreme court.
However. each point that is brought
up in this manner and definitely
settled forms a link in the chain
81 ultimate understanding. without
which nothing viii ever be accom-
pHshed-
BY bringing the Hewitt litigation
so a tangible stage. the legal atmos-
phere has undoubtedly been cleared,
but it's intrinsic value to those who
have for years awaited the coming
Of water may be discounted The
Court has ruled that the Hewitt
mortgage is valid and that foreclosure
may be had hereunder; also that
water rights issued by the Great
Western Beet Sugar company. both
prior and subsequent to the date of
the mortgage. are valid and are not
susceptible to impairment by reason
of the mortgage. Negotiations which
were afoot about one year ago, with
a view 10 completing and extending
the system. disclosed the fact that
something over $4,000 acres of water
rights had been sold from system
capable of irrigating 10000 acres of
land- Should the system be sold
nnder foreclosure proceedings. It
would hardly prove an attractive
proposition to capital Without ex-
tensions being made to the system,
Il can never irrigate to exceed 1000
acres. and the only remuneration to
those operating it would be the
charges collected for maintenance
fees This revenue would not Justify
the Investment of capital. as main
1enance is usually fixed to cover the
actual cost of conserving and main
tanning the property and for the de-
livery of water. 1t is even difficult to
obtain a fair rate of interest on the
noney invested, as maintenance is
more in the nature of a cooperative
arrangement than anything else. On
the other hand, if the system is pur.
chased by persons willing to complete
and extend it. they will be confronted
with the problem of first providing
water for all those who now hold
water rights issued by the Great
Western Beet Sugar company.
All in all, the only comfort to b,
derived from the termination of this
Mitigation is the fearless manner il
which Judge Walters took hold of tn,
dilemma. and the assured fact tha
none of us have received an accession
10 our worldly possessions.