Lincoln County times. (Jerome, Idaho) 1911-1919, 1912-06-20
INJUNCTION SUIT FILED.

Falls Land and Water company /
against the Twin Falls Canal com
pany asking that the latter corpor-
alton be enjoined from prosecuting
any further suits against the Land |
and Water company on the ground
that the canal systems were not
constructed according to contracts.
The complaint sets forth three prin-
cipal reasons for action.
The reasons given in asking for
the injunction are that the systems
were accepted by the state engineer
who was made referee by state con-
tract; that the system was accepted
by the state hoard a. the second
party to the contract; and that all
questions as to defects and incOm
pleteness in the system have been
settled in sums of money and in
releases to the Land and Water
company.
Suit was filed some months ago
by the Canal company against the
Land and Water company, asking
damages in the amount Of s636, 900
on the grounds OF alleged miscon-
struction of the canal system. If
the present injunction suit j. sue
cessful it is believed there will be
no further action for damages for de
fects in the canal system.
The above item, which we take
from a Boise paper, has much Signi-
iicance To the settlers on the North
Side tract at the present time. 1t
will be remembered that our neigh
bors on the South Side We're com
PEELED to bring suit against the con-
struction company to force them to
complete the system, and now the
company sets up as a defense that
the report of the engineer showed
that the system was complete when
it was turned over to the settlers.
In his address before the meeting
last week, Manager MacWa alters. il
claiming the completion OF the syS-
TEN ON this tract, very emphaticallN
referred his hearers to the specifica
tions on file in the engineer office
which had been accepted. The his
tory of these engineers reports ar
not always Of the most convincing
, nature, and as an instance we nigh
: refer to the report of the state en-
= gineer made in the fall of 1910,
copy of which is before Us, wherein
he states that the Jerome reservoir
was then being completed, when i
| fact, al that time there was hardl
2 a shovel of dirt moved in the cor
h struction of this reservoir.
e such reports ~ these are not ca
e culated la reflect much credit ,
: reliance upon the integrity uf I'll
e engineers, and to forcStall any sue
reports in the final turning over Z
l. the system on this tract the Cam
r Users Association, through the
&c board of directors, sought relief
d the Interior Department nj Wasl
Is ington, and as a result of this pet
,r ton we understand that the Go
N ernment has ordered an inveSilg
p ton of this tract and its water su
ir ply before issuing patents for Il
le same.
,g In the rules and regulations
,d the General Land Office governil
= the issuing Of patents, the iollowil
By must be complied with:
:, when patents are desired I
~ any lands that have been segregat
re the State should file in the loo
of land office a list, tn which is pl
ed fixed a certificate of the presidi
n officer of the state land board,
ar other officer of the state who m
k be charged with the duty of disp'
an ing of the lands which the st,
.as NAV obtain under the law, and f
d. lowed by an affidavit of the ST
by engineer, or other state officer wh'
duty it may he 10 superintend
Id reclamation of the lands. Co
en- -
sh THE affidavit Of Form is
ch quired in order to show complain
of with the provisions Of the law, Il
es. an ample supply of water has b'
raj actually furnished in a substant