Evening capital news. (Boise, Idaho) 1901-1927, 1914-07-18
NORTH SIDE CASE
GIVEN HEARING BY
The LAND BOARD
The New Contract Offered
by the Trustees of the
Bondholders Is Taken
Under Amusement.


the proposed. new contract offered by
r. f. Shepherd, representative of the
trustees. before the state land board at
its meeting yesterday afternoon and
last night Attacks and counter-at-
tacks were made and a very lively ses-
sion Of the board took place 1t re-
suited in an adjournment last night at
II o'clock with the board taking the
entire matter under advisement. An
early decision is expected
Appearing before the board were
land owners both in favor of and OPP
posed to the new contract as well as
representatives of the company, the
bondholders and others. Among the
land owners and settlers on the prof.
ect present were: w. p. Rice, A. b.
Stevens. /. It. Alexander, Robert Fra
zier J. NJ. Hale and w. Atwood of Je-
rome; H M. Burditt, P. M. Roberts, H.
e Barrett, II. e. Chester, A. F. Nc
Cloud, c. II. Andrews r, s. Tuertado,
Fred Hastings and r. V. Wilcox of
Wendell and T. E. Sayre and Ole Iron
seau of Bliss. D. c. MacWatters and
Victor o. Johnson appeared in behalf
of the company and the bondholders
together with r. E. Shepherd
The opening statement to the board
was made by Mr. Wilcox. He reviewed
at length the earlier incidents leading
up to the present situation. In brief
that situation is this:
What Situation Is.
At the time of the failure of the
Kuhns and Immediately thereafter the
Canal Users association held a confer
ence and opened negotiations with the
In, fpf Of ha
Shortly afterwards Mr.. Shepherd, as a
representative OF the trustees and the
bondholders who had also organized to
protect their own interests, visited the
tract and was so impressed with the
conditions he found there that he re-
turned to New York and advised the
trustees to raise sufficient money to
complete the project for be believed
that they would then secure dollar for
dollar invested in the bonds together
with the additional amount they raised
He advised them not to consider plac-
ing the project in the hands of re-
ceiver
Project Uncompleted.
The Kuhns did not complete the prof.
ect and had failed to deliver water to
the settlers in the time agreed upon
under the contract The settlers took
the attitude it was no fault of theirs
the project was not completed. They
were willing to meet the representa-
tive of the trustees and several con-
ferences We're held with Mr.. Shepherd.
These resulted in both the settlers and
the trustees giving and taking and an
agreement on a satisfactory contract
that would be entered into between
the bondholders and the settlers for
the working out of the projects future.
The settlers were to be given an ex-
tension of time in which to meet their
interest and principal payments under
the contracts
The settlers claim, according to Will
cox, that after the contract was agreed
upon it was changed before finally pre-
scented TO the settlers for approval to
such an extent as to make it impossible
for them to sign it unless it is modified
Many mass meetings held on the prof.
ect recently clearly showed their OPP
position. They claimed threats had
been made to settlers by representatives
of the company and the bondholders
that unless they, the settlers, signed the
contracts the project would be placed
in the hands Of a receiver Many OF
the settlers are without means and they
had no alternative, it was charged, but
to sign the contract, failure to do which
would result in the company foreclos-
ing on their property and not having
the money TO meet their payments they
would lose their places.
1t was in relation to this phase of tn,
situation that Attorney Wilcox claimed
the company and the representative o
T..., IL, -, -
under the nose Of the settlers in secur-
ing their signatures to the contracts
Plea for Square Deal.
The situation was discussed at length
by Attorney Wilcox who spoke for TIVE
hours. He took up the contract and ex
planned to the board the main obtec
tons the settlers have to it's terms
These have heretofore been published
He pictured the struggling condition o
the settlers and their present financia
straights and inability to meet thei
payments. Closing he made a stron
plea for fair and square deal for tn
settlers in the modification of the con
tract so that both the bOndholders an,
the settlers can work out their saliva
ton on the tract without financial los
to either. He added that If the bond
holders threaten to place the project 4
the hands of a receiver 1t is up to tn
land board to call their bluff an
forfeit their contract with the state 70
failure to comply with its terms,
power the board possesses and whic
can be exercised justly, he claimed.
Shepherd Replies.
In reply to Mr.. Wilcox, Mr.. Shep
herd explained how he happened to b
representing the trustees, why after
visit to the project he had recommend
ed to them not to ask for a receiver blu
to raise the necessary money to com
plete the project and enter into a ne,
contract with the settlers. He denie
that the settlers were as hard up O
the conditions so bad on the project a
Mr.. Wilcox had stated them but as
serted that on the contrary when h
visited the project he did so as one no
prejudiced either way and he foun
the conditions there bettSr than he ex