Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-11-02
FORECLOSURE PROCEEDINGS
The Idaho Irrigation Co. Start Cases
Against Some of the
Settlers

ucSuiy . cldlcSlllin gives tIle uc-
tails OF an attempt by the Idaho r.
rigation Co. to force out those in
arrears on their payments, through |
foreclosure proceedings.
We understand the situation on
that tract is about the same as on
the North Side tract, where pay
ments have been refused because of
the inability of the company to fur
nish continual flow of water, and
non fulfillment OF other conditions
of the contract. Hence the pro-
gress of the case will be closely
watched by the settlers of this sec
ton, as its final termination will
undoubtedly determine the course
TO he pursued on other Carey Act
projects. The article in question
is as follows:
What is considered to be a test
case" of vital importance because
of the great number "f land owners
and settlers who are liable to be
financially crippled should the courts
hold against their interests, has been
inaugurated in the district court in
Lincoln county. The case is brought
by the Idaho Irrigation company
and although only three defendants,
, Anthony | Silva, John NJ. Thomp-
son and George w. Wedgwood, are
named, great many other settlers
are concerned in the action and IL
, probable disposition.
From the office of Attorney Gen
eral, D. c. McDougall, where tn,
complaint in the case is being con
sidered, il is learned that the irri
4 CATION company endeavors by this
= action to secure judgment Of s256C
o from the defendants, alleging tha
Vt the water rights agreed upon be
e tween the State Land Board and tn
g corporation were not paid for accord
Is ing to contract. 1t appears that b.
It this certain contract the defendant
'e Anthony ! Silva, who owned 80 &C
= res of land in Lincoln county, wa
re to pay the company s2S0O, in in
l. stallments, for water with which I
d irrigate his farm. The compan
er contends that Silva did not pay fo
water in 1910 and upon this cor
tention seeks to collect the entiI
:, amount of the money, less the pay
ments which had been received pric
!. to 1910. Silva, however, claim
., that the company failed to suppl
water for his land during that yea
- John NJ. Thompson and Geort
w. Wedgwood are named rs defeno
ants from the fact that some tin
ago Silva transferred his rights
:. Thompson and the latter eventua
,rs ly passed them on into the posse
a. sion of Wcdgwood.
=, The agreements as stated IN II
80 contract provide, it is claimed, tn
should the settler fail to make al
of the payments as arranged Tor III
.er der the installment plan, the who
n becomes Immediately due and &C
he lectable, the same rs is customa
la in mortgages or promissory note
on Upon this agreement the irrlgati'
ed company bases its grounds for t
ser action il, court, while the settle
"a contend that they could not be e
yer pected to pay for the water they d
ats not receive and will willingly CO
aw test the case to the limit.
,p- Attorney General, McDougall, e
er- plains the presence of the papers
,us his Office by the announcement Il
am he intends to take up the fight
,on the interests of the settlers, eitl
in as interyenor or as friend OF
or court. He says that many settl
ely in Lincoln and Blaine counties v
,sts be affected by the ruling of the COZ
ote and that his department will
forward every effort to secure
''o. cision beneficiary to the land ov
Ical era. He says that this is one OF
ern first of the Carey Act foreclos'
Yat- proceedings and much rests VI
.,,o its final settlement.
ing w. T. Stafford, of Gooding,
en- newly elected president OF the AS
cts. o;oted Water Users Union,