The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1912-06-13


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 10 take either side letter from c. E.
Stevens asking that his name be stricken from
the remonstrance against said petition; letter
from J. F. Littooy in explanation of the eharae-
ter of the lands contained within the boundaries
OF said proposed district; an affidavit of @. l..
Talmadge. relative to the value 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 Tor the protestants OBJ
iected to the reading and fling on behalf OF the
petitioners of said communication from j. F..
Littooy upon the ground that the same isl abso-
lutely Incompetent and inadmissible for the
reason that the record does not show that Mr..
nttooy is party in interest in the matter before
the Board that his statement is ex parte and
that no opportunity was accorded the protestants
herein OF cross examining the said Litt1oy for
the purpose OF ascertaining whether or not he is
qualified and competent to discuss and pass
upon the matter discussed in his said communi-
cation, or to ascertain whether or not he viii be
financially, or otherwise benefited by the cree
alton ofsaid irrigation district.
After argument upon said objection the same
was Withdrawn by counsel for the protestants
Thereupou, 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 M nw4,
W. mel, se4 mel, ned sw4 NJ se4 sec %, tip s,
e, the SEA sw4 50 se4 sec % lot A, 3d. lot l.
ne4 nw4, W. ned, sec 81, tip 9 s, e., 81 sw4, sw4
se4, sec IL, nw4 and nw4 mel, sec IA, tp6s,r7 e;
ne4, SECS tip S, Z e; swI, sec 10, tip 8 $, r e;
sw4 ned, VIZ se4, sec IA, NJ ned, sec %, M nw4,
sec "a, tip $, 7 Q, and NJ, sec 10, tp 6 S, e,
praying that the lands above described may be
included within the boundaries and made a 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
rict
o 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
irrigation district.
Whereupon, d. A, Dunning, Esq; of counsel
for the professionals thereupon presented ana
fled with the Board the petition of Solomon W,
Roberts, Alfred W, Wicher Jessie D. Wicher
Marion H. Prideaux. Edith Prideaux, Issac H.
Sacks S. f. Lewis and c. r. Hay ASKING that the
petition presented to the Board by the said
M. l. Besher be rejected in so far as the same
is made to include the lands of said petitioners
together with the waiverby 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
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 he Constitution or laws of the
State Of Idaho.
D. A Cunning, Esq then made an argument
to the Bo I'd in behalf of the protestants. and
was followed by 0. M. Carter in support of said
petitioners.
Whereupon, 0. NJ Carter was duly sworn as a
witness and was examined by F. Nugent, ESQ,
on behalf OF said professionals
Whereupon, the following named witness, to-
wit: c. }. Franklin was sworn and testified in
behalf Of the protestants, o. NJ Carter Directing
to the hearing of the testimony Of said witness
on the ground that the same was incompetent
and immateri ], aud documentary evidence was
thereupou introduced on behalf Of said protes-
tants
Whereupon, after argument for and against
the granting of tie prayer of said petition
1t is ordered that said matters be taken under
advisement by the Board until Thursday, the
2}rd inst, at ten O'Clock A. M.
Whereupon it is ordered that the Board take
a recess until Thursday, the 23rd inst. at ten
o'clock A. NJ.
CHAS. H. CRETE
Attest; Chairman
j. S. ST CLAIR, Clerk