Lincoln County times. (Jerome, Idaho) 1911-1919, 1912-11-21
Governor Fiawley
Offers Suggestions.
His Views on Matters Pertaining to the
North Side Controversy Clearly
Defined.
Believes the Company Should be Com
PEELED to Furnish Storage Water
but thinks Forfeiture Unwise
at the Present Time.

Hawlcy, in quite a lengthy resume
of the North Side case, offered scv-
cral suggestions which be asked the
board to adopt Wchave mot space
ior the entire document. but give
below some portions Of it that APP
pear most interesting to our set
tiers.
"a serious condition confronts the
board, " said Governor Haw.ey. 1--WE
have reached "A point in the history Of
the North Side tract such as will occa-
,onaily confront the board in the con
-ideration Of Carey Act projects.
THE contract between the State and
the Twin Fails North Side company,
limits the time in which the enterprise
must be completed. forfeiture in my
opinion can be declared by the board
9hene.er the time iimit hss hsen reach
ad ..4d substantial compliance with
the terms of the contract has not been
had. 4 forfeiture however, so de-
clared. would mean not the ending Of
the troubles between the contending
parties, but the beginning of troubles
Of far greater magnitude, Is the mat
t-rs involved would then necessarily be
transferred to the courts.
" The effect declared forfeiture
would have on the Intervening rights of
interested third PARTIES, who have fur
nished the money 10 carry or the irri-
cation works and secured such liability
by mortgage or other liens, wcu.a be
the subject Of adjudication Uy the high
er tribunals. The effect of the for
feitare however, would be far more
serious upon the state, as such actor
might be urged as a reason why capi
tai should not be invested in other pro
8 jects.
"In the project under consideration
the settlers in good faith, and reiyinl
on the contracts between the state an
the company, and the promises an
Y agreements made 10y the company T.
r them, purchased the land and sine
4 then have expended their money an
their energy until now what was fiv
years ago barren sage brush plain,
J. fast becoming a succession of orchard:
p. gardens and fertile fields. that viii III
l. ter proper conditions soon m AXE it
-a yertable paradise.
1T cannot be rightfuily urged thu
the settlers have no just complaint 4
l' present. because so far they have y;
.d sufficient water to irrigate the limit,
lc amount Of their lands under cultivation
~ They feel that they must be assured
! the future, that the uncertainty of Il
future water supply must he r move
IT, chat the water problems must be solV
by the company under the terms a
t. conditions of the contracts heretofo
mo- made. With this view agree. Ii
.l is hardly worth living when such Sc
Gus doubt of the future dlsturos
ne present. This condition of affairs is
for veritabie sword of Damocles suspend
li~ over the heads of the settlers upon Il
lat tract.
H. 1T is conceded that there is ]
enough water flowing in the Snake ri'
"' to supply this project from the natu
M flow of the river. This makes it n
cir sssary for water to be reservoi
ate somewhere. The reservoirs constru
... I'd upon the tract itself. am sat.si
j, cannot be made of any present
'''' possibly of no future use. as far as
to. water supply is c6nccrnel. PersC
dc inspection disabuses my mind of
tier thought of this kind.
n,, The only available reservoir SIT
~. the Jackson lake, or the upper Sn
j." river valley. The question now be-
ann this board is, how much water sh
be stored in such reservoir to MAKE
ample supply of water for the settl
e., THE circulars and pamphlets of
company, methods of inducement
'''' hv them to invite settlers to the Il
IL. show that thel had III, 600 acre fee
used water in the reservoirs on the Il
old and it was claimed 10y the company
hi. while in ordinary years they haa en'
=. water without reservoirs. this L.
'''S feet would be enough at all tm'
IKE assure the water supply. While
nave cannot attach too much importan
heir this kind of statements, they are
lint tainly worthy of consideration
should be given treatment 10y the /
''' as being matters of inducement t
settler on the tract.
Il repeat that in my judgmen
tting amount of water needed by the
tiers in these extraordinary dry sc;