The Meridian times. (Meridian, Idaho) 1909-1938, 1915-04-09
COST OF IRRIGATION LITIGATION

Editor Statesman: call your at
tention to the statement appearing
on this date in your editorial en-
titled, The Farmers Friend, ="
wherein you say: "One instance will
serve to emphasize the prevailing
condition. In the Nampa- Meridian
district 35 per cent of the main
tenance charge paid by the farmers
is for attorneys fees" II the above
statement were correct, the facts
ought to be disclosed fully and the
parties responsible held to account:
but II 1t is false and slanderous, you
have no right to misrepresent those
who are serving the public.as officers
or attorneys for the Nampa and Me-
r1dian Irrigation district. AS you are
doubtless aware, 1t frequently hap
pens that malicious statements will
be quoted far and wide while the
plain truth will attract no attention
whatever.
AS / am attorney for the irrigation
district, | feel that I should chal-
.lenge the above statement. The fees
paid attorneys by irrigation districts
are as much matter of public rec
ord as are those paid by Boise City,
or Ada county; hence statement in
regard thereto can be readily veri-
fed. The above statement is so false
that ! can only assume that some
one has maliciously mislead you as
to the facts.
/, therefore, ask you to disclose
the name of the "high authority
you refer to and give the public the
exact truth. For your information
| will say that / am attorney for the
district and 1 am paid therefor a
regular allowance of $50 per month.
l am only paid fees for important
litigation. / have received nothing
additional this year. I received $500
additional fee in 1914 on account of
important damage suits pending in
the supreme court which have now
been reversed by that court l re-
ceiyed the same amount in 1918. The
fees / have received are small in
comparison with those received by
the attorneys in cases against the
district. In suits where the district
is seeking to compel land owners to
pay pro rata share of expenses for
maintenance of the canal where such
parties have decided water rights,
have received no extra compensation,
except the suit against G.. w. Cess
for maintenance charges of what is
known as the Cess ranch. The at
torney's fees in that case were $500
and as the result of that suit the dis
trict has collected $4,000 mainten-
a1 hof ola
Much of the litigation of the district
has been occasioned by farmers
themselves who refused to bear their
honest share of the expenses of the
canal system. ! assert that the at
torney's fees paid by the district have
been as honestly earned as the wages
paid any ditch rider or day laborsr
ON its canals.
A suit is now pending to confirm
a contract with the government for
drainage system to protect the
lands of the district from seepage.
This construction is being secured on
terms most advantageous to land
owners of the district Yet in or
der to defeat or delay this work,
land owners in the vicinity of Boise
are cheerfully contributing large
BULBS VI luOucy W pay dtlOln0y
fees, far in excess of any paid by
the district. I assume the high
authority" you have quoted is one
of these parties.
You will doubtless be surprised to
know that the maintenance charge
for this season, based on the use of
five-eighths inch per acre, is only sc
cents per acre on irrigated lands,
that the total cost per annum for
both maintenance and interest
charges, based on the same duty of
water, is only $1.54 per acre of ir-
rigated lands.
Instead of 35 per cent of the main
tenance charges being paid for at
torney's fees, you will discover that
the total amount so paid is little
over 2 per cent, only, of the total
revenues of the district, and approx
mately per cent of the mainten-
ance charges. The foregoing state
ments can be verified by anyone who
will examine the records of the dis
trict.
Since the statement quoted mis-
represents the district officers and is
a personal reflection on myself. |
ask you to give the truth of the mat
ter as much publicity as you have
given that statement.
HUGH E. McELRoY,
Boise, Idaho.
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