The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-12-25
ALL AWAIT DETERMINATION
OF THE ISSUES IN
COURT
New Men in If Supreme
Court Reverses
Otherwise Old Board Holds I'm
less Court Orders an Election
for Directors-No Time for No
tice Now.

As n result of the decision handed
down by Judge w. A. BabcOck in the
matter of the canal company election,
the present board of directors will
hold over until the final determina-
tiOn of the issues at stake by the
courts.
The announcement has been made
by the interyenOrs that the case will |
be appealed to the supreme court.
Even had this not been the case, there
could not now be any election at the
regular time in January, since suffi- |
cient notice could not be given. OF
course, should the supreme court re-
verse the district court and declare
the December election legal the di-
rectOrs then selected will take their
places. On the other hand. should
the supreme court decide the case
early in the year in uphOlding the
district court, the court can then di-
rect the present canal board to call
an election after giving the usual no.
tice. The canal board has no author
ity to call an election for officers at
any time other than that mentioned in
the bylaws, except by the direction
of the court.
Beginning with January I, a reOr-
ganizatiOn Of the board and its work
will take place, whereby the general
manager will be dispensed with and
the work controlled by an executive
committee consisting of the president,
secretary and one other member.
Judge w. A. Babcock late Friday af-
ternoon handed down a decision over
ruling the demurrer of the intervenors
in the case of T. f. Warner versus the
Twin Falls Canal company, thus sus-
tanning the contention of the plaintiff,
that there was no quorum present at
the meeting at which the purported
changes in the bylaws were alleged
to have been made, and the further
point urged by the plaintiff and not
disputed by the defendant that the
word initiate in the call precluded
the taking of final action on the
changes in the constitution and by
laws, sought to be inaugurated at the
same meeting at which they were pro-
posed. Attorney E. NJ Wolfe, for the
intervenors stated today that the case
would be appealed.
In handing down his decision Judge
Babcock said
"This action is brought by the
plaintiffs for the purpose of deter
mining the validity of certain proceed
ings had at a special meeting of the
stockholders of the defendant cOrpor-
alton held on the 9th day of October,
1917 whereby certain alterations, ad-
ditions and amendments were made
or attempted to be made, to the by
laws of said corporation, the action
being brought under the provisions
, of section 2735 of the Revised Codes
the plaintiffs in the action being
stockholders of the defendant COM
I pany, and were absent from said spe-
cial meeting.
"By the allegations of the complaint
the plaintiffs say that on the 9Th day
of October, 1917, certain meeting OF
the stockholders of the Twin Falls
q Canal company was held pursuant tc
!, a certain notice given, copy of which
, notice is attached to the complaint
and allege that at the time of the
. holding of said meeting there was
2O2,17S.48 shares of stock outstanding
2 on the books of the company, and a
. said special meeting of stockholders
= there was represented in person anC
! by proxy but 5S,320.S9 shares of the
stock of said corporation; that at saiC
q meeting certain amendments to thu
4 charter and bylaws of said corpora
a ton were proposed and, by the min
: utes of said meeting, declared to b'
q adopted, and attach to the complain
: a copy of the minutes of the meeting
g showing the adoption of said amend
ments
"The plaintiffs further allege tina
G the said meeting was only called TO
4 the purpose of taking or initiating
4 steps towards the ultimate adoption o
q the amendments to the charter an
6 bylaws of said company, and that tn
> action of said meeting in actual,
= adopting the same was null and void
!, and ask by their complaint that al
- order be entered by the court settin
- aside and declaring null and void tn
!, proceedings of the said alleged spe
:" cial meeting of the stockholders O
: said company.
- "The defendant company has filed it
. answer to the complaint denying tn
I allegations thereof. and, by stipula
- tion OF the parties, leave was given I
Claude Brown and John Frahm, stock
y holders in said defendant corporation
:, to appear and intervene therein; an
- they have filed a general demurrer
:, the complaint. that it does not stat
- facts sufficient to constitute q caus
= OF action q
- 1.-THE matter was brought on for hear
- ing on the complaint of the plaintiff
and the demurrer of the intervenoI
y thereto"
Judge Babcock then quotes In fu