Lincoln County times. (Jerome, Idaho) 1911-1919, 1912-11-21
10 Pages
$500 Per Year

which occasionally prevail, is 10000
acre feet more than is now available,
and in my judgment the board should
so declare.
81 believe this board has power to
set a time limit at the end of which the
defendant company would be compelled
to show to the satisfaction of the board
upon a hearing had 1T which all inter
ested parties were present, that condi-
tions imposed by the board in regard to
future water supply would be provided
for or an order of forfeiture made.
eff we were dealing with bankrupt
company which had shown inability to
comply with its oblig ations on account
of financial embarras sment, or if we
were dealing with company that had
made no attempt to carry out the con-
ditions Of the contract, very drastic
action would be war; anted on our part
This condition however, does not per-
tain to the North Side company. This
defendant company is financially able,
50 far as our assurances are concerned,
10 comply with all its obligations.
go simply declare a forfeiture at
the present time Of the contract would
under the circumstances, in my judg-
ment, prevent promoters of other pro-
iects from obtaining capital to carry
them on.
what, then, is our proper course
taking all the circumstances into con-
sideration? | answer this, so far as
am concerned, by saying, that in my
| judgment We should make an order ex-
pressing first the idea Of this board that
/ 10, 600 acre feet of water in addition to
the present supply should be provided
by the company and a time limit fixed
within which the company should be
compelled to act. | believe at the end
Of that time limit, if the company dio
not comply with the conditions of the
order, the matter should at once be
taken into the courts fer final
settlement. If the defendant
company would undertake through its
counsel, upon such order being made,
that the company would not comply
with the order, it might be well to
commence such action Immediately to
determine through the proper courts
the relative rights of all the parties.
e. After having given this subject as
full consideration as the circumstances
r would permit, l recommend as the ac-
, tion of the board and expressing my
= views as to what should be done in the
b matter:
First-That this board declare by
D., resolution duly placed upon its minutes
. that it is the duty of the defendant
D company under its contract to provide
d 100 acre feet additional for the us'
q when needed by the settlers upon th'
e North Side tract.
c "Second-That time should be fixe
.e also by resolution of the board, With
is which the defendant company shoul'
5. furnish this additional water supply.
H. Third That arrangements should b
a made by the board for bringing tn
matter of the question of constructio
at of the contract into the proper court
at for adjudication, and that immediat
e. arrangements should be made ther
ed for.
n. "Fourth-That the litigation cOnter
OF plated should be carried on at the e,
he pense of the state, with the right {
.d: the part of the settlers to appear
ed such litigation, either as amicus cur
nd or as interveners.
re This last provision is. in my jud
ife ment, necessary and proper. While t
ri expense of the litigation would not
extraordinarily great. still the state
-he in a position In matters of this XII
: a where it is really trustee for the Sc
led tiers. and it has been through the 3
his ton OF the state authorities equal
with the parties interested that t
present complication has arisen.