Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-08-13

- 10" - put Vi Importance III the
supreme court.
l. II Is urged that the matters of
Importance for determination in this
controversy is the question as to
when interest should commence TO
run and when payments OF principal.
II any. are due under plaintiffs con-
tract. 1t Is urged determination
or these two questions Is solved by
the provision OF the contract relating
TO payment OF principal and interest
AS may be dependent on the giving
OF notice that the company is pre-
pared TO furnish water under the
terms OF the contract, and also the
facts involved. which surround the
actual delivery OF water TO the en-
tryman
Al the outset let me say that IL
has been suggested by Counsel that
this case is brought as test ease
for determining this point. and ! am
absolutely AT loss TO understand or |
conceive how the facts surrounding |
this action can permit OF the same
being considered test case to de-
termine this point. The facts which
surround the actual delivery OF water
TO the entryman and his readiness to
use the same and the condition OF
his crops are not the same In each
instance. II is urged that Mr.. Ran
som should not pay interest from
April LIST. 1903. for the reason that
water was not furnished to Mr. Ran
som for the season OF 1909. l9lO or
1911. in accordance with the terms
OF the contract
The facts surrounding the delivery
OF water TO Mr. Ransom for the year
1909 are. that while water was plac-
ed in the canal OF the North Side
system on March 18th It did not
reach Mr. Ransom's land until about
the middle OF May. and then II was a
month or about the middle OF June
before Mr. Ransom planted any OF
his land to crops. he at that time
planting about ten acres to oats and
- millet, and that Ire had satisfactory
:. supply OF water TO irrigate his crop
then and until about the 9th OF Sep
tember. when the water was on un
Il III the 23rd OF the same month. TIT
= situation thus appears TO be that Mr.
l. Ransom had water for his crops
whether he had sufficient amour
OF water or an insufficient amour
OF water is a question tina, should b
determined In an action for damage
l. against the Company. rather tina
is an action OF this nature which is
!, entirely deny the defendant con
pany any benefit for the delivery
water which II had delivered 10 hi
IL by starting the payment OF interes
be- will not attempt to state furths
,e I'm detail the facts as they relate
the years 1910 and 1911, but Il
record discloses that the delivery
!" water was not a continuous flow al
er that the crops OF Mr Ransom su
he fered especially during the ye
Ie- 1910.
Counsel for the defendant lal
and Water Company has argued IN
'o' interest should commence to run
lat ter the notice was given In accor
as ance with the contract. and indepe
dent and irrespective OF any delive
OF water. To this view ! most CO
tainly cannot assent. am OF I
opinion that II there had been no
vas livery OF water at all to Mr. Rams
md during the year 1909 that he wo'
.h most certainly not be called upon
-. nav interest for that year. Ih'
,s,- was. however. delivery OF wa
and I'm a measure satisfactory TOT
naeds and hence he received so
, henefit for which he must respond
49,, the Company by payment OF his
terest in accordance with the
tract II delivery was insuilici'
tho Company must then respond
,ton damages 10 MIN
This II is argued by Counsel Tor
an I Plaintiff that the settler should
nos. be required to bring an action
con- damages against the Company a
,vod would require many suits to 40
,tr,- But It must certainly be said
that even under this form OF action WI
onv "a 70 declare invalid the lien ciail
70 by the Company for payment Oh
a,s- terest that each settler must D
his individual action because
.ovo facts which surround his indiVi
,uito case would perhaps be different
,h,s right of the settler to bring al
$500 zion for damages against the
ao many has In the past proven mos
'or fective. as It has been my ooser'a
n,ot- that the settler has been most e'
IT, I've before the courts ana mas oo
~, -, cd ouite satisfactory judgments
!, ,ho he saw Ht to bring an action LOT
. no ages. and believe this to De 'n'