Evening capital news. (Boise, Idaho) 1901-1927, 1917-10-21
Boise Payette Water Users
Association Goes on Rec
ord for Delay in Order to
Settle Controversy.
Senator Borah Supports the
Plan and Is Endeavoring
to Get Action-Settlers
Will Tender So an Acre if
Extension Is Refused.
Capital News Special service)

Caldwell Oct. 20.--A years extern
sion of the time for making the first
payment for government water rights
on the Boise project was requested by
the members of the Boise Payette
Water Users association at their mass
meeting held in this city today and
l.. j. Magee, secretary Of the associa-
ton. was instructed to advise Secre-
tary of the Interior Franklin X. Lane,
Of the resolution to this effect which
was adopted by the unanimous vote
of approximately 1000 settlers in at
tendance 1t was held that this period
of time would suffice for the adjust
ment of the controversy pending be-
tween the settlers and the reclama-
tion service officials in reference 10
the cost of water rights Irnited
States Senator William f. Borah who
was present and addressed the settlers
advised that he was endeaVoring t.
secure the extension of time which
had been requested. that he had wired
the reclamation service officials in his
effort but had not yet had a reply.
He expressed it as his belief however,
that the extension would be granted
In event that ii is not granted and
the first payment is demanded in De-
cember al the time il falls due, the
settlers will tender the sum of 81 an
acre. equivalent TO two per cent of $50
which they hold to be an equitab Bile cost
per acre for water rights, and If the
tender is not accepted. leave it to the
government to enter the court to make
collection. BY this procedure they
consider that they will bring the con-
test TO an issue.
ACT ON BORAH'S ADVICE.
This determination was reached
after the settlers had been advised by
Senator Borah that he regarded this
course as the only one which will ho
open to them If the extension is denied
and payment was demanded from
them. 1t In his opinion was their re-
course FOR relief. He stated that if
the secretary of the interior were TO
go before congress and adVises that
lnequltable charges had been made
against the settlers that congress
would perhaps act favorably, but that
such a course upon the part of Secre-
tary Lane was highly improbable.
lie expressed it as his belief that
Secretary of the Interior Lane desired
to do what was right in the matter
but that this course win bring the con-
troNersies into the courts and result
eth in an amiable adjustment OF 1t
between the reclamation service and
the settlers or in its final determine
tlon by a court decision. The motion
calling for this procedure if necessi-
tated, was adopted with but two dis
senting votes.
The question was raised as to-
whether the reclamation service wiz
attempt to cancel the homesteads Of
the settlers if the extension is denied
and they took this course. and Senator
Borah declared that in such event. he
will support the settlers to the limit
of his power in the senate He ex-
pressed 1t as his opinion that contracts
made by the reclamation service off /
cials with other irrigation districts
and subsequently modified by them
will stand and cannot be abrogated
in any court of equity unless the sec 4
retary of the interior admitted that
they were made I'm error. He stated
that in his opinion the fact that the 1
board Aof directors of the association
had approved these contracts afteri
their modification did not make them
binding, but that they had been made
SO by the approval given them by the