The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1912-06-06


susceptible Of irrigation from the canals de-
scribed in said petition shall be organized into
an irrigation district; letter from Mrs Mar
tina Stevens requesting that her name be with
drawn as against said petition, as she did not
desire to take either side; letter from G. e
Stevens asking that his name be stricken from
the remonsnance against said petition; letter
from J. +. Littooy in explanation OF the charac-
ter Of the lands contained within the boundaries
OF said proposed district; an affidavit of c. l..
Talmadge, relative to the yalue Of the lands 10
Gated in what is known as Indian Cove, and the
feasibility and practicability of the pumping
system for the irrigation of said lands
Prior to the reading and filing OF the letter of
said J. F. Littooy counsel for the protestants OBJ
jected to the reading and fling on behalf of the
petitioners of said communication from j. F.
Lttooy upon the ground that the same is abso-
lutely incompetent and inadmissible for the
reason that the record does not show that Mr.
Littooy is party in interestin the matter before
the Board; that his statement is ex parte, and
that no opportunity was accorded the professionals
herein of cross examining the said LittDoy for
the purpose of asccrtaining whether or not he is
qualified and competent to discuss and pass
upon the matter discussed in his said cemmuni-
cation, or to ascertain whether or not he will be
financially, or otherwise benefited by the ere
alton of said irrigation district.
After argument upon said objection the same
was Withdrawn by counsel for the pfotestants.
Thereupon, o. NJ. Carter presented and filed
with the Board the petition of Mabel b. Macy,
Fannie Hough Richards, Mae E. Hice, Alice E.
johnson, Elizabeth c. Rogers, George j. Bub
and Mary J. Mcdonald asking that the NJ nw4e
W. ned, SCI mel, ne4 sw4, NJ sci, sec 25, tip s,
e, the sea sw4, 50 sea- sec %, lot A. sec 80 lot
ne4 nw4, w nc4, sec 81, tp S, RI e.; 50 sw4 swl
se4, sec II, nw4 and nw4 mel, sec Ia, tp 6sr7 e;
ne4, secs, tip 5, r e; sw4, sec 10, tip S, e;
sw4 ne4, VIZ SCI, sec IA, NJ ne4, sec q, n2 nw4,
sec "a. tip s, r e, and NJ, sec 49, tip 5, z e,
praying that the lands above described may be
included within the boundaries and made part |
Of said proposed Indian Cove Irrigation District,
and that said district may be organized, and an
election called to determine whether or not the
same shall be organized into an irrigation dis.
lrict
0 NJ. Carter then presented an argument to the
Board in support of the petitions of NJ. /. Belsher
and others for the formation of said proposed |
district.
Whereupon, D. A. Dunning, Esq; of counsel
for the protestants thereupon presented ana
filed with the Board the petition OF Solomon w |
Roberts, Alfred W. wicher, Jessie D. wicher.
Marion H. Prdeaux Edith Prideaux, Issac H.
Sacks, s. F. Lewis and G. R. Hay ASKING that the
petition presented to the Board by the said
M. l. Belsher be rejected in so far as the same
Is made to include the lands of said petitioners,
together with the waiver by said petitioners of
any and all rights in and to the said proposed
irrigation district and waiver of the right to
demand and receive water from said proposed
irrigation district if formed and waiver of all
rights OF every kind and character which said
petitioners or either Of them may have in or to
The said proposed irrigation district by reason of
any provision Of the Constitution or laws Of the
state Of Idaho.
D. A Dunning, ESQ then made an argument
TO the Board in behalf Of the protestanls. and
was followed by o. NJ. Carter in support of said
petitioners
Wherenpon 0. NJ. Carter was duly sworn as
witness and was examined by J f. Nugent, ESQ
'n behalf OF said probestants
Whereupon the following named witness, to-
yit C. j. Franklin was sworn and testified in
behalf Of the protestauts o. NJ Carter objeeting
o the hearing Of the testimony of said witness
IN the ground that the same was inc mpetent
md immaieri'l, and documentary evidence was
hereupon introduced on behalf of said protes-
ants.
Whereuponi after argument for and against
he granting of tue prayer OF said petition,
1t is ordered that said matters be taken under
dyisement by the Board until Thursday, the
3rd inst, at ten o'clock A. NJ.
Whereupon it is ordered that the Board take
recess until Thursday, the 23rd inst, at ten
o'clock A. NJ.
CHAs. H. CRETE
Attest; Chairman
j. S. ST CLAIR. Clerk