Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1911-07-01
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Pilgrim and Stafford, Anderson amt
Baker, Balphcr Query, Albert ID
George, Oscar Penwell, John w. Per
ry, Mason and Campbell, Ralph Ham
son, Wiliiam c. Dickey, Adam X
Hess, George A. Mcpherson, George
w, Randall, Blanche L. Lamberton
Charles H. Lamberton, Henry L
Reynolds, W. C. Tnbbs, Elizabeth c
Ward, Frank Englehart, Ansel r. Bra
den, Thomas H. Bowlus, David Be
deBl, Idaho Fruit Land company, S
| B. Kennedy, Charles B. Smith, Mary
Cross. Fred j. EiteL S. w. Tibbs
j. A. Wheeler, Carl A. Davis, l. H
Davis, H. H. Milbum, Sumyside I'm
provement company, C. C. Mortrude
Mabel w. Jerome, F. Frederick GEES
ellchen, and about one hundred 9th
eS who are variously interested as
water right hoildew, mortgages and
mechanics lien claimants.
History of Transaction.
From the transcript on appeal, lit
appears I'm the complaint that on Au-
gust l, 1906, the Great Western
Beet Sugar company executed and
delivered to Henry Hewitt, Jr., four
promissory notes, each for $3.50,
two of which were due and payable
one year after that date, one due In
10 months and the other due in two
years, all bearing interest at 10 per
cent per annum from that date until
paid.
On November 2, 1906, the company
executed two more promissory notes
each for 10000, one due i'm year,
the other i'm IS months, with inter
est at ten per cent till paid
On January 30, 1907, the company
executed two more promissory notes,
Que for $4,000, due i'm one year, and
mother 70 $1,000, J.la in IS month";
each bearing interest at ten per cent
until paid.
In order to secure payment on all
of these notes, with interest, the
company on January 80, 1907, exc
cuted mortgage ON the High Prai-
rie reservoir and right-of-way there
for, intended for the storage of wat
ers of Lime Greek, also the Camas
reservoir, Long Tom reservoir, the
company's interest I'm the Mountain
Home reservoir situated on Rattle
snake creek, and all connecting ca
mails, bitches and laterals i'm the in4ri-
CATION system.
Company lnso!vent.
II is alleged that the Great West
e., Beet Sugar con; any has not
made the payments, lis wholly insolv-
TO pay its obligations.
which to- pay it's obligations.
ent and without means or money with
The plaintiff AYERS that since the
execution and recording of the MORT
gage, the property and assets of the
company have been carelessly and
managed, and the com
pany has pretended to convey a. large
numDe of water rights from the
reservoir system, upon which the
plaintiffs mortgage was a first and
prior hen, and that the money rea-
lied from the sale of such water
rights has been wrongfully and inn
expended or used by GER
tain officers of the company in the
exploitation of certain private en-
terprises and i'm such manner AS to
not materially aid or increase the
assets of the company, but in a man
ner that tended to aid and dd de-
plete and greatlk impair those, assets,
and particularly the security afforded
by the mortgage.
1t is claimed that these water
nights were sold without the knowq-
edge or consent of Hewitt, and were
AIKEN by the purchasers subject to
he lien of the mortgage.
Bokks are Awry.
II is urged that by reason of the
policies pursued by the com
,any and the improvident manner i'm |
which the funds have been expended, |
ind the improper use thereof by the |
fficers of the company. the property
S Insufficient to discharge the mort.
rage debt
One of the most serious complica-
lcns hes ih the fact that incomplete
md insufficient books Of account /.
" the condition and status of the
company have been kept. and III lis
impossible to ascertain from the rec.
'l'ds and books of the company, ex-
ept after a long and exhaustive
examination Of the books and the
'ounty records, the amount of water
lights that have been sold by the
company, or what has been received
rom such sales, or what has become