The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-25
BY C.. z. ARNEY.

BOISE, Ida, March 24.-There is a
phase of the Oneida irrigation district
case which thus far has been sighted
IN public print which is of more than
passing Importance, and which is called
to mind anew by a young Mormon who
owns land under the irrigation project
and that is, the humiliation TO the
people of the state, through the atti-
tude assumed by Attorney General Nc
Dougall IN the present contention.
When | attended the Malad trial
few weeks ago | was astonished TO find
the attorney general present represent.
ing the defendants, Hart and Parkinson,
who were accused by the irrigation dis
trlct of having abstracted money while
entrusted with II in a official capacity
When this case was first brought TO
the attention of the officials in Idaho,
during the second term of Governor
Gooding and Attorney General Guheen,
two important things bearing directly
on the issues involved occurred. The
one was the Immediate removal by the
governor of George c. Parkinson as
a regent of the Idaho state uuiver-
stty; the other was the injection of
the weight of the attorney general s
office into the scrimmage on the side
of the people of the irrigation district
as against It's defaulting officers
The state of Idaho had 1910 acres of
school lands IN this Oneida irrigation
district, and the state land board had.
at the inception of the organization.
stepped forward and showed its good
faith in protecting its land by entering
into a contract with the district to pay
to it the sum of SIS an acre as their
proportion for the irrigation of these
1910 acres of land. This contract was
and is binding on the state Of Idaho.
and at once becomes an asset to the
sacred school fund Of the state, rep
resenting in total valuation at least
$45,920; figuring the land al $40 per
the land can be sold under the pro"
visions Of the state constitution.
In casting the influence of his of
fee on the side Of the settlers IN the
contention, General Guheen, harmonious
with the oath he took as an officer,
sought TO protect this $4,000 asset TO
the school children of the state of
Idaho. He further emphasized his de-
votion TO this phase of his duty by
asking the state land board to desig
nate a lawyer and pay him for his
services, to assist. as representative
Of the attorney generals office, in fer
reting out the shortage of the unfaith'
ful officials of the Oneida irrigation
district, Messrs Parkinson, Hart ct al.
The Gooding board al once saw the
| logic Of the situation and designated
Mr. George +. Gray, an attorney OF
Pocatello, who proceeded u Preston and
took part in the long Inquisltion INTO
| the books and papers of the defaultlng
officers. During the progress of the
auditing committee s work Mr.. Gray
was not only present as the personal
,,,-a IS fD- lot1
to give personal inspection into the
accounts Of the district, The result of
which affected the l640 acres of land;
the heritage of the school children
of this and of succeeding generations:
| but nj all times the attorney general
and his legal assistants served as a
source of legal information which guld-
/ ed the defenders of the rights of the
| irrigation district In getting their Just
| deserts as nearly as possible,
! Even more, Attorney General Gubeen
at one time threatened 10 annul the
contract existing between the state and
the district unless the district should
select officers who would conduct the
| business in manner calculated to pro
tcct the land of the state within the
| district.
! Later Mr.. GRAY was engaged by the
! irrigation district because of the speclal
fact that the state land board had
| shown confidence in hun; and thus the
district assumed that thee had estab-
lishcd a union Of their interests with
those of the state in which they. as
/ citizens. had n general interest, founded
on a regard for n rich legacy for pres
ent and future educational requirements.
In consideration of the contract he,
tween the Oneida irrigation district and
the state of Idaho. represented by its
state land board. Of which Governor
Brady is now chairman and General
MeDouPal is now legal adviser, the
state OF Idaho has now. and had nj
the time of the MaIad trial, paid INTO
the Oneida irrigation district the sum
water for the states lands in this ir:
rgation district, Under the terms OF
the contract there is still due and ow'
ing from the state. in deferred pay
ments. sl1 1920 In Difference TO the
terms of the contract. these payments
should be met as thev fall due ana
should the state land board see n, to
anticipate the payments, IN view OF tne
extraordinary conditions of the distinct
| hascJ an tbc reckless conduct of IFS