Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-23
PLAINTIFFS win
LOST RIVER CASE
Judge Dietrich Hands down
Decision in the Case at
Pocatello.

A 100000 decision involving liens
and mortgages on the Big Lost River
Irrigation project has been handed
down by Judge Dietrich at Pocatello
In which he gives the plaintiffs every
cent for which they asked.
A memorandum of the decision that
has been received by attorneys inter-
ested in the case here. Under the
terms of the Judgment the Corey
Brothers Construction company and
all of the sub-contractors under the
agreements made with the irrigation
company will receive all of the money
in payment of debts that they alleged
to be due.
The case has been one that has been
bitterly fought in the federal court for
several years. Property valued at
81, 100000 is involved. Bills against the
company from the construction COM
pany and :he sub contractors as inter-
venors amount to more than 100000
Tho question of priority rights was
involved and formed one of the prin-
cipal grounds for one of the hardest
legal battles that the federal court has
seen in some time. The question was
raised as to whether the bondholders
or the holders of the mechanics lien
had the prior right for the satisfaction
of their debts From the letter that
has been received from the court at
Pocatello It seems that the contrac
tors were given the first right and
that their debts will first be satisfied
before the rights of others are met
one of the attorneys has asked for
$4,000 attorney fees and this is one Of
the minor questions that the court has
not yet determined. He said that the
opinion itself would not be ready for
several days and that 1t might take
more evidence to reach d determination
as to the proper amount an attorney
can charge for the services In this case
In Court Long Time.
The suit has been pending for some
time. Legal questions of the most ex-
acting shades were raised by counsel
for the litigants and the large amount
Of money involved made the fight all
of the more determined. The contrac
tors, however. VIII be given by the de-
cision of the court all OF the money
that they expended in the construction
work and all of the payments that
tbtiI tpItIdCts tiotllci. maps NoNehSu
every table In the court rooms during
the course of the long trial, experts In
engineering work and experienced
contractors were on the stand from day
to day through the litigation.
The attorneys were H. Fl. Henderson
of Ogden for the Corey Brothers Con-
struction company: Clark and Bulge
of Pocatello for the iptervenors or sub
.N.,.,. pR n nv
Meyer, Austrian a. Plat of Chicago
and N. NJ. Ruick of Boise for the trus-
tee, the Continental Il Commercial
Trust & Savings bank of Chicago;
Richards & Haga Of Boise and Mr..
Miller of Chicago for the bondholders
committee.
The letter which announces the de-
cision OF the court follows:
Upon all controlling questions In
volved l have reached conclusion
and have had In preparation an opin-
ion briefly setting forth the reasons
therefore, but on account OF the ur-
gency of other business am unable to
complete It at this time. Further de-
lay seems inadvisable and the parties
are therefore advised that It Is held
generally that the plain. 'sfr and the In
tervenor are entitled substantially to
the relief prayed for. Certain ques-
tions. including that OF attorneys. fees.
are reserved for further consideration
and possibly after conference with
coansel, for further evidence. Com
plainant's counsel may prepare form
OF decree and submit the same to other
interested attorneys for their approval.
dated. Oct. 81, 1912.
|