Evening capital news. (Boise, Idaho) 1901-1927, 1916-01-21

the attorneys for the settlers and aid
in preparations OF the pleadings and
trial of the suit.
Character of Suit.
Now as to the chara cter OF the suit
II seems to me that the case of Childs
VS.. Neitzel, reported in 26 Ida at page
1l6) has paved the way for us. In
this case, you will remember, it is
held that all amounts unpaid on the
contracts can be used for the purpose
of supplying or getting sufficient water
to furnish upon the ground the amount
OF water called for in said contract, to
the exclusion of the interests of bond
holder or construction companies.
The courts in our case will have to
break some new ground for | believe
other water Is not available for the
| irrigation Of our entire tract But fol-
lowing the reasoning in the Childs
| case. upon showing that water is not
available for but small portion of
the tract, would not the court on the
theory of doing the most good to the
greatest number (this being an equity
case permit the reduction of tho tract
to the size of the actual water supply,
permitting the use OF the money I'M
paid on the contract for the purpose OF
reimbursing those left outside of the
segregation as finally arranged? Then
If there was money left it would repre-
sent the equity of the bondholders.
Outlines Action.
1 believe some such steps as these
should he taken:
/. An action begun either by the
state or financed by the state. bring
ing all parties in interest into court
2. A receiver asked on the grounds
of the insolvency of the Twin Falls
| Salmon River Land and Water com
pany-which freely admits that it is
insolVent. This receiver to take charge
of the physical operations of the sys-
| tenn To be empowered to collect the
sums as they become due upon the
contract. and create Herewith a trust
fund for the purpose of getting sufh
cient water upon the tract, If possible,
and If not securing reduction of the
tract to the size of the actual water
supply; paying those left outside for
the money they had invested (after
due appraisement of their damages by
a board of appraisers appointed by
the court) Perhaps commission
I
to determine the boundaries of the seq
regation as finally to be arranged Per
haps first. a commission should be APP
pointed to determine the number OF
acres that can be irrigated with the
available water supply. Whatever Is
left in this trust fund would represent
the equity of the bondholders and
turned over to them by the receiver
| ba nh 80 Ill l. H.,
farmers who are to be left within the
segregation are not able to begin their
pa yments and that the trust fund with
which to pay off those left outside
would accumulate very slowly l be-
leNe this could be overcome by the
court ordering the receiver to issue re-
ceivers certificates, in amounts equal
to the unpaid balances of the contracts
of those left inside the segregation
bearing interest at the rate provided
for in the original contracts. and made
payable at a convenient time for the
settlers. II these certificates were de-
clared prior liens upon the good lands
and water right we would have under
this proposed arrangement, | believe
they would readily pass as cash
Now, general, | have burdened you
with a whole lot OF stuff here and
hope that out of II ell YOU will be ole
20 extract half an idea. am NOT even
a member of the settlers association
represent no one but myself, and thi:
letter should he construed as repre-.
senting only my position. | shall send
copies Of this letter to other members
Of the state land board.
Very truly yours,
(Signed) F. j. HORNIBROOK.
A toy electric range, which can ac-
tually be used for cooking without dan