Lincoln County times. (Jerome, Idaho) 1911-1919, 1915-12-02
RECEIVER ASKED FOR
TWIN FALLS NORTH SIDE
Ten Settlers File Suit In Equity In
United States Court
Praying Relief.
CLAIM WORKS INCOMPLETE

limited States district court on Mon
day By Oliver Hill. w. p. Rice. f. c. |
Gleason, Clara r. Veazie, II + Bar
rett. A. A. Holbrook, Roman NJ. Tiss, |
Lewis A. Linebaugh. j. +. Hobbs and |
John T. Thorpe against the Twin |
Falls North Side Land Il Water COM
many. Twin Falls North Side Canal |
company and the Continental q
Commercial Trust a Savings COM
pany.
The plaintiffs are land owners on
the Twin Falls North. Side project
and they ask the court for a decree
adjudging and determining that un-
der the terms and conditions OF its
contract obligations with the settlers,
IL rests upon the Twin Falls North
Side Land a. Water company TO re-
construct it's canals and laterals to
avoid loss OF water; TO Increase the
capacity OF its canals and laterals
to provide an additional and ade-
quate supply OF water equivalent TO
one-eightieth OF second foot per
acre for each acre under the system,
that all money due or to become due
on water contract payments consu-
tute trust fund for the purpose OF
furnishing money TO complete con
tracts; that the company be restrain
ed from collecting or attempting 10
collect either principal or interest on
water contract payments, and that
receiver be appointed 10 assume
charge OF the system and receive such
collections for the trust fund.
The above news item which ap-
peared In the columns OF the Boise
Statesman Tuesday morning. created
no particular surprise among the set
tiers on the tract as such move has
been looked for from certain con-
tingent on the tract for some time.
though perhaps the principal object
sought for In the suit will come
more as IA surprise to some OF those
who have contributed their financial
support In bringing the case than II
will to the average settler on the
tract.
IL would seem that the real object
to be gained by the bringing OF TINS
suit. though somewhat hidden, Il
contained In about the last par"
graph OF the petition In which the
orators pray that "a RECEIVER bf
APPOINTED, with power to collec
all amounts due or to become due th'
company and apply the same TO th'
completion OF the system hereii
lies the danger that may result u
the settlers on the tract should TN
court see ft to grant the prayers
the petitioners. and II reports tina
reach us are correct. there are anon
those who contributed to this func
many who are adverse TO thrown
the tract into the hands OF r.
ceiver.
Were It possible that the dire result
that willnecessarily follow an appoint
ment OF receiver. would aneot ON
the few that have been instruments
In instituting these proceedings, II
tie attention might be given to III
present suit. as every individual
privileged to institute any legal pre-
ceedings that he may consider to n
personal benefit. but herein Is ca'
that effects every land holder on u
tract and places his property
jeopardy, and calls for a candid al
thoughtful discussion among the Sc
tiers on the tract.
At the time OF the taking over
the tract by the bondholders the
was a disposition among very II
OF the settlers to endeavor to ma
the tract thrown into the hahus
receiver, but this move on the pa
OF few was quickly overcome
the arguments of vast majority
the settlers on the tract, ana u
was followed by the acceptance
the new extension agreement as pi
sented by the bondholders by the IL
jority of the settlers. Nothing nho
was heard OF a receiver until the a
tation commenced the past seas'
when the matter was again propos'
but found very little support anno
the people on the tract, and TO
vast majority this step was cohsiu
cred as abandoned, and to these
will be surprise to see II ihcorl
rated In the suit now filed.
1t is hard to contemplate the ia
age that would follow the appoi
ment OF a receiver at this time
only would property values dim'n
to great extent, but under the Ill
agement of receiver the settler
is now fortunate enough to secur
loan on his property, would ma
his credit had also diminished III
same ratio and that obligations
coming due would have to pe
promptly with no opportunity Oh
newing them. In addition 10 I'M
would become the duty OF rece'
to at once proceed to the coiiec'
of the amounts due the company
principal and interest, or other'