The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-05-21
In Equity No. 517-Notice of Sale.


states, for the district of Idaho,
southern division. Guaranty Trust
company of New York, as trustee.
plaintiff. VS.. Idaho Railway, Light &
Power company, a corporation, Idaho
traction company, a corporation, E.
II. Jennings, and o. G. r. Markhus, as
receiver OF Idaho Railway, Light &
Power company, defendants.
Notice is hereby given, that under
and by virtue of decree of the dis
trlCt court of the United States for
the district of Idaho. southern divis-
ion, made and entered in said court
On April 10. 1915. the undersigned
special master of said court in said
cause will sell at public auction, to the
highest bidder. in conformity with the
directions OF said decree, all and sin
gular the property. assets. rights, Ii
censes. franchises, tolls. rents, profits
and privileges of defendant, Idaho
Railway, Light & Power company, in
Guiding properties hereinafter de-
scribed, free from all rights. titles. in
tereSt. liens and claims of all the par
ties to said cause. or otherwise bound
by said decree, except as is in said de-
cree specifically otherwise provided.
Said property to be sold is situated
In Ada, Canyon and Owyhee counties,
state of Idaho and constitutes a single
indivisible hydro-electric generating,
transmission, and distributing system
and electric railway system, and prop
erty appurtenant thereto and connect
ed Herewith, engaged in and charged
with a public service, and will be sold
in block as a single and undivided
parcel and without redemption.
Said sale will be made at the front
door of the court house in Boise City,
Ada county, Idaho. which said county
is the county in which the greater
part of the real estate hereafter de-
sCriDeu and subject to said decree is
located, on Monday, the 14th day of
June. 1915. at 10 O'Clock in the fore
noon of said day, with power to adj
jOurn the sale from time to time to a
future date. by oral announcement
made at any time before the sale. upon
consent of the solicitors for the plain
tiff or the approval OF the judge of the
said court. without prejudice to the
notice or notices of sale. and without
necessity OI publishing any further
notice; but the Undersigned special
master may give such notice of his ac-
ton in the matter by publication or
otherwise as he may deem fit. Amy
party to said cause. or any holder OF
holders of any of The bonds described
in plaintiffs bill of complaint, or any
committee or agent representing any
holder or holders Of said bonds. as
well as any other person, may bid OF
purchase at such sale. and the said
property directed to be sold may be
inspected by intending DiGders. sub
ject TO such regulations as the receiv-
er of said property now in possession
thereof may prescribe.
The special master will receive no
bid from any one offering to bid who
shall not have deposited with the said
special master. al or before the time
of making the bid, as a pledge that
he will make good his bid in case of
acceptance. the sum OF fifty thousand
dollars 0,000.0O) upon said bid,
either in cash or by duly certified
check or checks. payable to the order
of the special master upon some bank
or trust company in New York, Chica-
20 or Boise. All deposits received by
the special master except that depos-
tied by the bidder whose bid is con-
ditionally accepted by said special
master. will be returned by him at
the conclusion of the sale to the bid
der or bidders from whom they were
received.
The court. by direction to the mas
ter, has fixed the sum of $4,542,27O.OO
as the minimum or upset price, be
low which no sale will be confirmed
and the said court reserves jurisdic-
ton, authority and discretion to re-
ject any bid which in the judgment
of the court is inadequate or subject
to lust objection and likewise reserves
Jurisdiction to retake and resell the
property in case the purchaser. Iii.
successors or assigns. shall fail to
comply with any of the terms of the
decree, or with any order or direction
with respect to the payment of the
purchase price. or if any sale fails Of
confirmation.
II the sale Is confirmed. the court
will, in its order of confirmation, fix
the time and manner of payment of
the balance of the purchase price.
over and above the cash or proceeds
of any certified check deposited on
any bid at the time of sale, and will
prescribe any further amount OF pur-
chase price which shall be paid in
cash. The remainder OF che pur-
chase price not required to be paid
in cash. may be so paid. or the par
chaser of the property may satisfy
and make good the remainder of ms
bid in whole or in part. by delivering
to the special master Londs secured by
the mortgage to the plaintiff. and
coupons for interest on the same, ma :
tured and unpaid. so far as they will
go towards paying such remainder.
Upon confirmation of the sale and
compliance by the purchaser with
any directions which the court may
make. the special master will execute
and deliver a deed to the property de-
scribed and sold by him. and the
plaintiff. Guaranty Trust company of
New York. and defendant. Idaho Rail-
way, Light & Power company. Will
also execute and deliver to the pur-
chaser confirmatory deeds and asaur-
ances of title, in form approved by the
court. and said purchaser, his success
sors or assigns shall be let into pos
session.
The land. premises and property
real and personal. franchises and
rights to he sold under said decree.
are briefly described as follows;
All and singular the lands, prop
critics, rights. powers. privileges, and
franchises Of the Power company now
owned and whenever and however
acquired by It, and which are more
specifically described as follows, viz;
HYDRO ELECTRIC POWER
PLANT AT SWAN FALLS WITH
PROPERTIES AND RIGHTS AP-
PURTENANT THERETO,
A. WATER RIGHTS,