Lincoln County times. (Jerome, Idaho) 1911-1919, 1915-09-23
TWO IMPORTANT COURT CASES.

The September term Of the Dis
trict Court of Gooding county is in
session with Judge Boutwell, presid-
ing. The Leader OF last week re-
ports the disposition of two cases
that are of interest to the settlers in
this section, as follows:
Carey Land Tax Case.
The petition for writ OF review |
in behalf OF Mary X. Barrett and |
others, through which it was sought
to set aside the assessment and tax
alton of Carey Act Lands under the
North Side system, came up on mo-
ton to quash the proceedings, which
was argued by W. T. Stafford on be-
half OF the county and Rex V. WILCOX
for the plaintiffs. The court held
that it was entirely within the juris-
diction of the county officials to as
sess these lands and the record fall
ed to show that they had gone be-
yond their authority and the pro-
ceedings were therefore dismissed.
| The question as to whether the lands
in question were subject to taxation
was not placed squarely in issue in
this case. Another form OF action
may be filed in order TO bring this
question before the court. The stay
of execution issued to prevent the
county auditor from executing tax
deeds to the property involved was
continued for 60 days.
Carey Act Foreclosures.
An important point in connection
with the foreclosure of Carey act
water contract liens was brought up
by demurrers in eight of the fore
lclosure suits recently brought by
the North Side Co. These demur'
rers were based on the contention
that the complaint failed to allegt
that the North Side system had beer
completed to the extent that the
company was prepared to furnish
water to the lands involved in thes'
suits. Judge Boutwell, sustained thi
contention, the effect of his decision
being that Carey act company mus
show that its system is complete
and that II is prepared to deliver wa
, ter In accordance with the terms G
the contract before 1t can foreclos
its lien. The plaintiff was given te
4 days within which to amend its con
A plants in these cases.
n A further Interpretation of tn
q rulings of the Judge as made
G these cases is contained in di
! patch from Shoshone to the Boi:
Statesman as follows:
10 "The litigation arising over for
r closure proceedings brought again
q Carey act land owners on the Nor
n Side Twin Falls tract, as heretofo
reported, has been determined on
10 In so far as the preliminary skirT
. ishes, which arose on demurrers.
n The court held that an adequa
IN and sufficient water right for {
NJ l1and on which foreclosure
NJ sought must be affirmatively shoN
"A and stated in the complaint. TT
,d was the ruling against the compaI
n but it amounted to nothing me
Of than to require an amended co
NJ plant, the end sought being reach
To- by the insertion of the words
ir stated.
do The other point which was rails
IN also on demurrer. was ruling S
W. tanning the contention of the co
be pany, to the effect that the comps
"a had a right to charge more for la
RI that was provided with railroad
cilities and that defendant was est
at- lped from objecting If his contract
90, provided
Before being finally disposed
ca these cases will undoubtedly go
is the supreme court of the state.
,o., all it's phases this is important
cation. involving as 1t does