Evening capital news. (Boise, Idaho) 1901-1927, 1914-05-31
SHALL. THE RIGHT OF PETITION BE DENIED
IN IDAHO?

case has been filed in this city which should attract
than the passing attention of the people of the state
That wherein the court asked to issue
order prohibiting certain citizens Of this state from petit
tong for redress of grievances to which they feel they
entitled in an important matter.
The facts and circumstances leading to this case
themselves remarkable and recital of of them
is understand the of the action asked
of the take away from these Idaho people the right
of petition for redress of their grievances guaranteed by
the fist amendment to the constitution of the United
States
The case is that of the Twin Falls-Samon River COM
pany against A. E. Caldwell and Others constituting the
Salmon River Settlers association and the state board of
land commissioners OF the state of Idaho 1t is the
bers of the Salmon River Settlers association that the
court is asked to restrain from peonng the state land
board for redress of the grievances or supposed grev
ances of such settlers
On April 30, 19O8 the Twin Falls-Salmon River COM
pany entered into contract with the state for the irrigation
OF some 10000 of land the Salmon lying
and about the vicinity of HOLSTER The land board at
that time consisted of Frank Gooding Robert Lansdon
j. j. Guheen and S. Belle Chamberlain
This land was opened to entry June l, 1909, being
year and month after the contract made and the
complaint filed rectes that 500 entrymen entered the u.s.
900 acres OF whom 400 effected settlement. Notice that
the company prepared to deliver water upon April -
19l1 was given and there said by the complaint
to be $4,000 under cultivation The settlers place
the cultivated area at % 900 acres.
An examination of the contract made between this
company and the state dscoses that it is itself most re-
markable document. An examination of that instrument
dlscoses the fact that the company agreed to construct
and build certain irrigation works mentioned and de-
scrbed and to sell shares water rights in said canal
and irrigation SYSTEM and then there follows list of the
WORKS to be constructed, which include reservoir
dam, tunnel and canal
The remarkable feature of this contract discoses it.
self In the fact that the company does agree furnish
water in any amount whatever for the lands affected
cordng to the contract it merely agrees build DAM
reservoir tunnel and canal AND to sell shares in such
system.
1t is vital to proper understanding of the difficulties
of the settlers under that system make that point clear
AS showing how little for the settlers under Carey
act projects the state land board took there cited adj
dltOnal clause OF this contract. 1t is agreed that
when actual construction of said canal shall have
been naugurated the said party of the first part the
land board) will throw open the y
lands for settlement
Thus that absolutely without guaranty on the
part of the company to furnish sufficient amount of
water any definite amount of water per at all and
without guaranty of the ability of the company furnish
any water whatever for the reclamation of this land the
state land board of this state obligated itself to throw
these lands open and invite seernvestors as the
company should begin work. Nothing to be done on its
part only just BEGIN, when the state would sell for it
$1,000 of land assist to sign up for the
full amount of this land and then permit to hypothecate
the contracts and mortgages made order get
to comply with its contract!
AS an example of genuine ''hgh finance the con-
tracts OF the Idaho state land boards of various periods
with irrigation promotion companies stands we'll toward
the top of the list
But the quotation from the contract made above was
not complete The completed quotation contains other
matter to which attention is invited which will be shown
to be of great Importance. The company
Agrees to construct and build those certain irrigation