The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-04-27
FRAUD IMPOSSIBLE
SAY THEDFFENDANTS
Motion to Dismiss Water Case
Is Filed Yesterday
ASSERT THAT HAM,
sen HAD NO CASE.
Claim That Complaint Shows He Re-
lied on State Findings in Purchasing
Land and Water.

Holding that no Misrepresentation
could have been made by them to the
plaintiff inasmuch as his complaint
shows that he relied upon and was
bound by the findings of the state en-
gineer and other state officers, The
Twin Falls-Salmon River Land and
Water company, the Twin Falls Invest
ment company, 1. B. Perrine, r. M. Nc
Collum and George f. Sprague, de-
PENDANTS in the damage case of II. c.
Hansen against the Twin Falls Salmon
River Land and Water company, last
evening, filed a motion asking that
the case be dismissed and that they be
granted their costs and expenditures.
The above named defendants also
filed demurrers on the ground that
the statements set forth in the COM
plant of the plaintiff did not consti-
tute a cause of action, that they were
indefinite and that the parties were
improperly joined. In the pleadings
for the motion for dismissal it is stat
ed "That the pleadings of the plain
tiff in this action, tO-wit the COM
plant, shows on its face that the de-
fendant is entitled to judgment of dis
missal and his costs and disburse-
ments in this action expended.
"(A) Because the complaint sets
up the contracts between the Twin
Falls-Salmon River Land and Water
company and the plaintiff and between
the last named and the state and
shows upon its face that the plaintiff
contracted for water and land under
said contracts and under the laws of
the state of Idaho and the United
States with reference to the segrega-
tion of land under the Carey act and
with reference to the carrying out of
the provisions of the grant of lands
from the United States to the state of
Idaho, under the Carey act, and act of
the legislature approving and adopting
the said Carey act making provision
of said lands, all of which show that
the plaintiff was acting upon the re-
ports and acts of the officers of the
state Of Idaho in purchasing said wa
ter and not upon the representations
of this defendant or any other of the
dfendants in said action named.
"B) That the law of the state of
Idaho which became a part of said
complaint provides that before any
segregation of lands shall be made by
the United States and before any con-
tract for the segregation of the same
|
so segregated and contracted to be re-
claimed can be sold to the settler, that
the state engineer and other officers
of the state shall make certain inves-
legations in regard to the sufficiency
of the water supply and all facts with
reference thereto. That such investi-
cation was made in regard to the land
set forth by plaintiffs complaint and
the state of Idaho through its pro-
per officers, and found by the state
that the water supply was sufficient
and that the title was good, and such
finding was absolute and conclusive
upon the plaintiff and no representa-
tions made by these defendants can be
fraudulant under the statements set
forth in said complaint"
Time for hearing will doubtless be
set by Judge Babcock on motion day,
May 6. Herriott and DeLong are at
torneys for the defendants.