Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1914-01-24
SETTLERS GIVEN
NEEDED RELIEF
All Moneys Paid On Water Con-
tracts Must Be Applied to
Complete projects.
Continued from page y


(amount of water bargained fer in or
|der to grow crops; that the waite
was not available from any othe,
source for the irrigation of thes,
lands; that the corporation had neve
turned over the project to the set
tiers; that the corporation had made
contracts for the irrigation of 60O(
acres OF land; that there was about
100000 remaining unpaid ON the pur
phase price of the water rights. all
4 NJ which would have to be expended
% complete the system to enable the
settlers to obtain he water sold to
Them; that the corporation threatened
TO sell other water rights although il
tad failed to comply with the law
providing for the control and sale of
water rights; that the water con-
tracts OF the settlers had been assign
ed to H. r. Neitzel to secure an al
legged Indebtedness of $500 for
money advanced by him to the Muir
ply company for the purpose of con-
STRUGGLING the system, together with
interest at the rate of IL per cent per
annum, payable semi-annually; that
the corporation was unable to pay its
debts or meet its Obligations; that
the settlers had failed and refused to
pay the 1912 installment of princi
pie and interest due ON their water
contracts because of the default of
the corporation in the completion of
the system and the delivery of water
and the assignment of the water con-
tracts to H. R. Neitzel and the inten-
tlon OF the corporationto apply such
payments on the alleged Indebtedness
to ii. K. Neitzel; that the settlers
We're entitled to have the payments
ON contracts, as principal, interest
and maintenance fees, devoted to the
repair and completion of the system.
Findings of fact in the district court
after a trial of the issues were in
harmony with the claims of the inter
Vening settlers. Among other con-
clusions of law based upon the facts
we're as follows:
"That there is now unpaid on the
contracts for water rights issued by
he defendant corporation the sum of
lbout 100000, which money the
holders of said contracts are entitled
o have etended in the completion,
operation and repair of said irriga-
ion system so far as may be neces-
airy to comply with said contracts;
hat the use OF the waters now held
n appropriated by the defendant cor
'oration is public use and the
light of the defendant corporation to
ollect rat s or compe lsation iron the
olders of said contracts for the use
f water supplied or to be supplied
D them is franchise, and the money
emains unpaid ON said contracts for
Tater rights is trust fund, of which !
he defendant corporation or the
efendant H. r. Neitzel, as assignee, |
; the trustee; that tho holders OF |
aid contracts are Jointly interested
1 the said irrigation system, includ-
lg the water appropriated by the de-
9ndant corporation to be used in the
rigation of lands lying under said
reject, and are the equitable owners
{ the said irrigation system to the ex-
mt necessary to supply water as
rovided in said contracts, and the de-
ndant corporation holds legal title
said irrigation system, subject to
lid claim and said contracts; that
lie defendant corporation, or the de-
ndant H. r. Neitzel, as assignee, is
ltitled to any surplus remaining UNI
lid on the purchase price of said
alter rights after the said contracts
r water rights have been fully kept
I'd performed by the defendant cor
'ration; that by reason of the fail
e and neglect of the defendant cor /
ration to complete said system and
it's inability to deliver to the hold
s of said contracts for water rights
e amount of water to which they
e entitled for the irrigation of their
nds, and because of its insolvency,
Q holders of said contracts for water
ghts have failed and refused to 4