Lincoln County times. (Jerome, Idaho) 1911-1919, 1917-12-27


during the past year and land prices
are higher than In the Boise valley.
In fact, some of the settlers OF the
North Side have been selling their
holdings at fancy prices and coming
to the Boise valley to purchase cheap
er lands.
The suit involved 100000 worth
OF property and It's progress has been
watched with interest by a large
number of people In southern and
southeastern Idaho.-Capital News.
We give below a copy Of the decree
in detail:
| IN EQUITY NO. -. DECREE.
In Equity in the District Court of tho
United States for the District Of
Idaho, Southern Division.
Oliver Hill; w. P. Rice; E. c. Glea-
son; Clara F. Veazie; H. E. Bar
rett; A. A. Holbrook; Roman M.
Tiss; Lewis A. Leinbaugh; j. F.
Hobbs; John T. Thorpe, Plaintiffs,
| VS..
Twin Falls North Side Land and Wat
er Company, a Delaware Corpora
ton, and the Continental and
Commercial Trust and Savings
Bank, a Corporation, Trustee, De-
PENDANTS.
Robert Rogerson, Kenneth Mcleod
and Blaine Furgerson. Intervenors.
This cause came on to be heard at
this term. That permission was CIV
en- to the above named Intervenors
to file their bill in Intervention and
1t was agreed that the material alleg-
ations of said bill In Intervention
were deemed denied by the plaintiffs
and defendants. Findings of fact
and conclusions of law were express
ly waived by all parties in open
Court That a stipulation OF facts and
of settlement of this case and pro-
viding for judgment thereon was en-
tered into by the parties hereto and
said stipulation presented to the
court and duly considered, whereup-
on, 1t was ordered. adjudged and de-
cree as follows:
That the Construction Company
shall complete its irrigation system
In accordance with the terms and
conditions Of its existing contracts
with the State Of Idaho, (including
the contract dated January 22d,
1916, between the Bondholders Com
mittee, so called, and said State) and
when said system shall have been so
completed, and such completion shall
have been duly certified by the En-
gineer OF said State, as provided in
said contracts, then and thereupon a
full and complete compliance will
have been effected as between the
Construction Company and said
State and as between the Construc.
tion Company and the holders of
contracts for the purchase of its wat
er rights.
That when its irrigation system
shall have been so completed and
shall have been finally accepted by
the Board of Land Commissioners OF
said State, then and thereupon the
Construction Company shall cause to
be assigned to the North Side Canal
Company, Limited, all of the right, IT,
. tie and interest in and to the Jack
son Lake reservoir, and to all stor-
age water therein (estimated at 315,-
600 acre feet), as embodied and sci
forth In that certain agreement be.
tween the United States OF America
and the Kuhn Irrigation and Cana
Company, Delaware corporation
dated February 25th, 1918, a copy
of which Is now on file IN the Office
of said Board of Land Commission.
ers, and shall at once cause a proper
assignment of said last mentioned
agreement to be duly executed and
placed in escrow In the Pacific Ma.
tional Bank of Boise, Idaho. to be de.
livered to said Canal Company Il
and when the foregoing provisions Of
this paragraph shall have become eff
, fective. q.
That the Construction Company
may sell, and may keep sold a!
against any cancellations or fore
closures heretofore or hereafter af
fected, 10000 shares in the capita
stock Of said Canal Company, (Which
, shall represent the right upon the
part OF the holders or purchasers O
such shares to irrigate 10000 ac
res of land from the irrigation sys
tenn of the Construction Company
, and may collect the purchase pric,
therefor, upon the understanding
however, that the sales Of such stool
aggregation something more' thar
! $4,000 shares thereof, heretofore
, made by the Construction Compan.
rshall be adjusted within the limi
above provided through the cancella
: tion of sufficient of such shares which
, have heretofore come under its con
troll, through foreclosure or other
wise.
w.
That II at any time In the futur'
r the Construction Company, its sue
t cessors or assigns. shall conclud
that the said irrigation system AM
water supply therefor, will serve, o
can be made to serve, without violat
y ing the settlers contracts, more thar