The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-03-22
BLACK CANYON
BONDS ARE Valid

confirmed the bond issue of the Black
Canyon Irrigation district. The
amount of this issue was $7,l34, 63SO5,
and is said to be the largest bond is
sue ever authorized by an irrigation
district. The news will be gratifying
to the people of Caldwell as we'll as
to the homesteaders and settlers on
the tract.
Arrangements are said to have been
made for the disposal of the bonds to
reliable bonding houses and thereby
raising the funds with which to COM
plete an irrigation project that will re-
claim thousands of acres of land.
Work on the project is to be started
early this year through the sale of
the bonds and the bulk of the money
will go to Idaho. The issue is the
largest in the history of this state.
The district was organized under
the state law. The project plans call
for the construction of many miles of
canal, the erection of big dam and
creation of reservoir above Horse
shoe Bend and the tapping of the Pay
cite lakes.
The land included is considered
some of the richest in the state and is
exceptionally good for fruit raising
Hundreds of settlers are interested in
the building of the project and the
decision is of great Importance to
them.
An opinion of Chief Justice Stew
art and concurred in by Justices ALL
SHE and Sullivan, holds that the find
ings of Hon. Edward L. Bryan, judge
of the Seventh judicial district court
for Canyon county in the case of the
Black Canyon district versus John
Fallon, should be and are affirmed
The decision means that the bonds
held as valid, can be disposed of, and
the money raised for the launching
of one of the most important irriga-
ton projects ever attempted in south
ern Idaho, and that work upon this
project can be started during the early
part of the present year. From many
standpoints the opinion is of para
mount importance to this section Of
Idaho.
Courts Opinion.
The opinion of Chief Justice Stew
are handles the issues involved in The
test case on the validity of the bono
issue, in a clear and thorough man
ner. His decision is given herewith
in part as follows:
"This is proceeding brought unde,
the provisions Of sections 24O1, 24O1
and 2403, revised codes, for the pur
pose of having the district court ex
anime, approve and confirm the pro
ceedings of the Black Canyon 1rriga
ton district, organized under the law!
of this state, in its proceedings au
thorizing the issuance of bonds o
said district in the sum of 1884 ,638
O5.
"An answer was filed to the petition
for conformation by John Fallon,
party interested in said district. Il
this answer Fallon denies the materia
facts of the petition; the answer i
made upon information and belief
Upon the petition and answer the cas-
was tried to the court and finding
of facts and conclusions of law wer
filed, and judgment entered thereo
as follows:
That each and all of the proceed
ings taken by the Black Canyon lrr
CATION district to secure and provid
for and authorize the issuing of tn
bonds of said district in the sum {
Seven Million One Hundred Thirt,
four Thousand Six Hundred Thirty
eight and 5-lOO Dollars ($7,l34, Os
and affecting the validity of the bond
up to and including the resolution
the board of directors of said distrie
declaring that said election in sa
district for authorizing the issuing I
said bonds had been in favor of the
suing of said bonds, and that tt
bonds of said district were authorize
to be issued in said sum, be and Il
same are hereby approved and CO.
frmed. and that the legal and val
bonds of said district. in the sum
Seven Million One Hundred Thirt
four Thousand Six Hundred Thirt
eight and s-lOO Dollars ($7,l34,o38.Os
were duly authorized to be issued
said district.
1t Is further ordered, adjudg
and decrecd, that the cost OF this pr
cceding be apportioned between t
parties thereto.
"From this judgment this apps
was taken.