Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-08-13
An Important Decision
h,doe Walters Hands Down His
Decision in the Ransom
Case.
The Findings Of the Judge Bring
Little Consolation to the
Settlers.
uuI TEXT OF THE DECISION

On TUESDAY JuubS
down his decision in the Ransom
ease which has been pending Tor
.ome time. but which at the request
,,,a narties TO the action has been
withheld until recently. This is pro-
baby the most important case as re-
yards the interests and rights OF the
..,,,srs on the North Side tract that
has ever been decided in the state.
,hare were many points brought
ont In the trial OF the case that has
never heretofore been decided
The main point at issue Was the
question OF interest during the years
when there was an irregular deliv-
srv NJ water. but the Judge holds
that only a partial delivery OF water
doss NOT forfeit the right OF the com
many to collect interest for that year.
although "neTt NO ""''i ~ "''
delivered. interest would not accrue.
Payments. however. become due
under the terms OF the contract and
they may be enforced under foreclos-
ure action as decided by the supreme
court. regardless OF whether the sys-
ten is completed or not.
While 1t was the Intent OF the set
tiers to make this test case. the
Judge clearly states that the case at
bar can In no sense be considered a
test case AS the condition OF the de
livery OF water varies with each set
tier, and the only redress for the set
tier Is individual suits against th'
company
As stated. this case Is a very i'm
portant one to the people on thi
tract. and it's final termination VII
We lIuhl nave utu ~ w it fH'"'
ing the agitation now going on. as
is not likely that an appeal Will b
taken from the Judges decision. Tn
Judge does not go into details as
his reasons for arriving at these cor
clusions. but II Is evident that aft'
reading the decision. few OF Il
prime agitators who have been d.
ceiving the settlers In having the
believe that they had much to expe
from this decision. will conclude tn
they are not as we'll versed in law
the learned Judge.
The following is a full text OF q
findings OF the Judge In this case:
The testimony In this action "
submitted several months ago a
shortly after which counsel on DO
sides and representating all parti
hled a stipulation in Court redue
Ing the Court that no decision be r.
dered In the matter inasmuch as
points involved were under proc
OF a possible amicable adjustme
The Court has acted upon the still
lation until several weeks ago |
Informed by Counsel. who now r
resents the plaintiff. that a decis
was by the plaintiff desired ]
information came at a time whe
was holding court and II was imI
siole to then take up careful
sideration OF the matters invol
herein, inasmuch as they are In
cate and also owing to the fact [
fail to find any decision OF
Court wherein questions AKIN
those involved here have been
cussed OF decided.
During the past two weeks | n
oeen able to devote my time q
singularly to consideration OF
case. and have gone to the 5
capitol for the purpose OF having
cess TO the State Law Library II
more careful investigation. The
ter OF district judges rendering
Ten decisions ia not q requiremer
Law. but is occasionally done by
trial Judge where he desires t
understood in a matter of
public Importance. I understar
10 be the desire OF the parties
a prompt decision be rendered
therefore can do barely more
announce my conclusions reache
the points involved herein. RI
than the reasons for arriving a
conclusions. The conclusions