The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-02-25
SALMON APPEAL
BEING ARGUED
Salmon Company Takes Federal
Court Decision to Appellate Court
ASKS TO BE RELIEVED FROM OR
DER OF FEDERAL COURT
Seeks TO Maintain Position That No
Water Rights We're Sold, but Only
PrODOrtiOnate Share In System.

Today Is the date set for the Sal
mon River case before the court of
appeals at San Francisco, in which
the Twin Falls-Salmon River Land &,
Water company, the promoters of the
Salmon River project, are asking of
the appellate court that they be re-
leased from the interlocutory order
issued by Judge Dietrich of the FEEDER
al court last July, whereby the pro-
motion company is restrained from
attempting to make any collections
from entrymen on the project for past
due installments on the purchase
price of water rights, until the COM
pany can satisfy the court that it has
provided . "a feet of water for each
acre of land sold
The action was originally brought
by the Salmon River Settlers associa-
ton, not only for the plaintiffs nam
ed in the bill, who are A. E. Caldwell,
W. F. Mikesell, " T. Morgan, ]. E.
Pohlman, w. c. Pond, James w. Beau
champ, Carl Washburn and Harold
NJ. Sims, but on behalf OF all settlers
and water contract holders upon said
tract. 1t is the claim of these con-
tract holders that in entering into a
NOAAAA0Nb Win lIC l-1uQ " dltI COLL
pany, they agreed to pay $4,000 per
acre for water right as well as for
a prOpOrtionate interest in the irriga-
tiO,As stem to be constructed for the
conservation and distribution Of the
water. They further claim that in
violation of the terms of the state
contract, which, by reference. became
part of the settlers contract, the
company has sold water rights far
in excess of the appropriation of wa
ter therefor" and that for this reason
the company is unable to comply with
the terms of its contract and cannot
furnish or deliver the water right pur-
chased
The settlers are refusing to pay the
installments due under the contract,
and for relief asked that the company
and its successors be enjoined from
collecting such installments until the
water right sold is delivered. 1t is
the further claim of The settlers that
the Land and Water company is in
solvent and there is no other water
available than the flow OF Salmon
Falls creek.
The Land and Water company con-
tends that it did not agree to sell
any water right; but only a propor-
tionate interest in an irrigation sys-
TEN to be represented by shares of
stock in a company known as the
Canal company and it would be trans
ferred what the Land and Water COM
pany had acquired in the way of a
water right as we'll as all works of
diversion; that having constructed a
dam and various canals for the pur-
pose of conserving all the water in
the creek and the canals and laterals
adequate for the distribution of such
water, the company has fully per-
formed its contract and was entitled
to collect the amouts due under the
contracts regardless of the question
of water supply
The company also issued bonds, to
secure the payment of which il as
signed as collateral the settlers con-
tracts to one of the appellants, A. C.
Robinson, and also executed trust