Evening capital news. (Boise, Idaho) 1901-1927, 1916-03-05

itof that nervous feeling; no more need Of pipe
vcigar, cigarette, snuff chewing tobacco to
doacify morbid desire.
flor any rights of-way herein provided
tfor'
Y II have always commended in this
Acontract that the land owner or en-
ftryman should not pay for land &C.
Ncupied by the main canal, nor should
hhe be compelled to pay for watN
fcharges on lands so occupied or any
is so cents per acre eternally and
\ counts up considerably besides the $40
per acre for the water right.
| ION page of the contract it says:
All Of the said appropriated water to
which the second party may be en-
titled to the extent of two acre-feet
per acre. or pro rata part thereof.
for the lands of said shareholders dur
ing the irrigation season.
This is the crux of the whole con-
| tract in my opinion.
IF the Utah Construction company
agreed to furnish two acre-feet of
Il water per acre, and, by the way that
is the second highest, duty water is
put to in the state OF Idaho, then the
|
If they do not deliver two acre-feet at
any one season, then they should not
be able to collect for two acre feet
and If they delivered, las the contract
says, pro rata part. they should be
able to collect only a pro rata part
Of what is due them for that year
This is my idea of looking at con-
tract, although all the irrigation engi-
i that t,,,t
any rate. cannot get my mind TO
consent to a man paying for two acre
feet of water whether he gets it or not
This is new way of making con-
tract and as would not make a con-
tract of this KIND for myself. I did not
want to make it for the people of the
state of Idaho.
Maintenance Charges Too High.
| "On the same page, chapter 4, it
says: Said water is totbe measured
at point not further distant than
one-h half mile from each quarter sec
ton wanted to add to this, and
being capable of being conveyed to the
the entrymans land by gravity so that
no tunnels or fumes would have to be
built by the entryman.'
THE words on page Q, chapter g.
! tic Tlsfll W use Two dGT6-lctt OF water
| per acre, or pro rata part thereof oc-
ours again with the same objection.
| THE maintenance charges of so
cents per acre appear to me to be too
high.
| to surrender his old contract on or
before May /, 1916.
We all objected to this part and an
h.,
at least 60 days, which lis not visible
in this contract.
| "On page is, at the bottom of the
page. ii says If such initial pay
ments are not made within so days
after such notices are sent, then all
contracts, whether on Era flat or Arco
| tract lands. or lands located elsewhere
upon which such inaial payments are
not so made within said period shall
be deemed cancelled,
! Il do not think this is time enough
for the poor entryman to dig up that
amount of money as quick as all that
ON page Is, again it says: The no
tice above mentioned shall be deemed
TO be complete upon the deposit of
the same in the United States malls
in an envelope. with postage prepaid
4
chaser at his post office address, ais
the same appears upon his contract of
| purchase
/ Il think 1t ought to provide for de-
livery by registered mail SO that there
would be no question about the en-
| tryman receiving the proper notice.
Not Sufficient Time.
"On page II, this language occurs.
| But If such initial payments are not
made within 80 days after such no
tees are sent. then all contracts upon
which such initial payments are not
so made within said period shall be
deemed cancelled. and the purchas-
ers shall forfeit all rights hereunder
| do not consider this sufficient time
/ con page Is occurs another objec-
ton which we probably debated as
long as any: The state land board
shall. upon the application of the
second party. at once select one mem
Der; the Utah Construction company
shall at once select one MEM
Der; and the two SO selected shall ap-
point a third member, or in case of
| their inability to agree upon a third
member. then the Judge of the United
States district court for the district of
Idaho shall appoint as the third men,
Der some experienced irrigation engi-
ncer'
This triple headed commission is
to determine whether there is water
sufficient to irrigatc the Powell tract
after the first and second units are
completed.
This Is new departure in Carey
act segregation. The engineer ap-
| pointed by the Utah Construction COM
pany and the one appointed by the
judge of the United States district
court are a majority out of commits
| sion OF three members and their de-
cision will bind the state land board
on the water supply without right
OF their own opinion and leaves the
Carey act settler at the mercy Of two
disinterested parties to the contro-
A&A