Lincoln County times. (Jerome, Idaho) 1911-1919, 1913-05-08
Judge Takes Ransom Case
Under Amusement
Judge Walters Hears the r,ida,c.
and will Announce his
Decision Later.

day and Friday hearing evidence
the case Of Ransom We. the Twi
Falls North Side Land a. Water &,
Ihls is case it will be remembers
wherein the settlers through NJ,
Ransom are seeking to obtain leo.
Interpretation Of various clauses !
the contract executed between m
settlers and the company, proni
nent among which are,
/. The question of whether q
not there was any interest earnec
on the contract for the years. 1909
1910 and 1911.
z. Whether or not the principa
payments falling due, Mch. l.l9lO
1911 and 1912 are in fact due and
payable.
.. Whether or not the contract
holder must pay for land that is too
high, or too rocky to be irrigable
and tillable land and for land in
depresslons which cannot be drained
called pot holes.
/. Whether or not purchasers
must pay annual maintenance
charges on the non-irrigable area
included IN an entry such a. the
land described in the preceding
paragraph.
s. Whether or not the COMPANY
can collect the principal sum for
acreage included in the right-of- way
OF Company canals, also whether or
not maintenance must be paid on
such acreage
These are all questions of legal
construction and are subject to hon
e-t disputes between the company
and the contract holders. and as
was hoped. the company seem to he
willing to meet the issues in a
friendly way, as they realize that
these matters must be settled
through the courts sooner or later
Much evidence was presented 10y
the plaintiff relative To the water
supply on this particular piece of
land, also regarding the high and
rocky portions that are not suscept-
iblc OF cultivation. which will have
a bearing on other lands of like
nature on the tract Many Of the
points brought out were agreed to
10y the defendant company, and no
great effort was cxcrted on their
part to refute other allegations made
by the plaintiff.
Fearing that the question of
damages might figure in the case to
some extent, Judge Walters insisted
that jury he inpanneled, but after
"A short session the jury was dis
charged and the case was heard be-
fore the Judge alone. 1t was not
expected that the Judge would rem
der his decision at once, and at the
close of the testimony he gave in
structions that the evidence should
be transcribed and that the attor-
neys should make their arguments
i'm brief form and file the same with
him for consideration. This will
probably occupy a few weeks time,
and it is not expected that any de-
cision will be rendered before the
first week in June at least.
Messrs. Johnson a. liaddock, the
attorneys for the association, as
well as the settlers present at the
hearing. feel that they have pre-
sented the case in a clear and fore
ibIe manner. and the fact that
many of their contentious were
agreed to 10y the defendant company
are very pleasing indeed to them.
The company were represented
10y their attorney Judge Hays, oi
Boise, who took occasion to show
all the courtesy possible to the com
plainants and in every way lnd'-
Gated his desire to see the ISSUES
clearly brought out in friendly
way.
Let the decision he what IT may,
the result is going to be OF great
benefit to the tract,as 1t VIII forever
settle the points at issue and IN tins
manner bring the company and set
tiers closer together.