The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1919-03-28
GR|FHTHS MAY stop
BLACK CANYON WORK
Judge Dietrich Would Place Respon-
sibility for Stopping Work on
Project on Plaintiff to Action.

Will work On the Black Canyon IT.
rigation project by the Reclamation
Service be stopped? That work may
be suspended under a restraining or
der to be issued by Judge +. S. Diet
rich, is feared. Such will occur if Mr..
H. A. Griffiths and associates file a
bond of $25,OOO00 conditioned that
should it be finally determined in his
case against the reclamation service
on grounds OF trespass that the de-
PENDANTS were acting lawfully and
within their authority and had not
committed any trespass against Crit
fith's right of way, he shall be liable
to the United States. its agents and
contractors, the intervenors and the
water users on the project for all
damage resulting from the issuance Of
temporary injunction. This IS the
opinion handed down Tuesday by
Judge F. S. Dietrich at Boise on the
eve of his departure for the east
where he will be for the next six
weeks.
Have Four Days to File Bond.
The reclamation service is given
four days in which to file $4,000
bond conditioned that upon the ter
mination of the case it is decided that
the reclamation people have tres
passed upon the property of the plain
tiffs, the bondsmen shall be liable to
the plaintiffs for damages sustained
upon five rights-of-way which Henry
Griffith possesses options for and
which he submitted to the court Tues
day. Should the reclamation service
file $4,000 bond, the application for
an Injunction will be denied
The clerk of the court is given the
Authority to pass upon the sufficiency
or insufficiency of the bond in the
absence of Judge Dietrich.
| Require $4,000 Bond.
In the event that the reclamation
people do not file the bond. in order
to have a restraining order placed up
, on them Mr.. Griffith will be obliged
, to file bonds for $4,000. 1t is be
, lieved that the reclamation people will
forego their right to file bonds ahead
6 of Griffith with the privilege of re.
. moving any possibility of restrain
: ing order and put the issue squarely
! up to Griffith and others associated
with him. Should the latter file Their
. 1bond, restraining order will be II
: effect restraining the reclamation
= service from digging or constructing
: or excavating or piling any dirt OF
five rights-of-way or disturbing thu
soil on those rights-of-way until thu
court shall have made final decision
, on the case.
Five Rights of Way.
The rights-of-way which Griffith
- has option for are a ditch Is fee
u wide, the right of way having tots
:. width of 100 feet. This right of wa
y lies at the base of the hill where tn
reclamation service is now construct
ing canal to irrigate 5000 acres wes
.. of the Boise river and north of tn
'h Sebree canal According to Griffith
y complaint, earth and rocks remove
Ct from the federal ditch are rollin
- down and injuring his right of way.
ne The reclamation service has moi
Al than IFS men working on the proje
OF at present with about SO teams and
pay roll of $3.50 per day. Work
progressing rapidly and, without i
terruption. will be completed befo
on the next planting season.