Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
Supreme Court sustains Taper.
Continued from page

ions, after reci;ins the making OF tn
contracts above referred to between
respondent and the state:
That the purchaser has made ap,
niicaticn to the company to be permit
ted 70 purchase upon the terms here
matter set forth the rights and priv
ileges By said contract guaranteed. tc
me extent hereinafter named, which
said application has been accepted by
the company subject to the approval
Of the state Board Of L11l C'or--ris-
sioneis, whose approval. previous to
the delivery thereof, has been by it's
Register endorsed hereon:
That in consideration of the sum
Of Four Hundred Eighty (S4s0.00) dol
lars cash in hand paid this day by the
purchaser to the company and in con
sideration of the covenants and agree
ments hereinafter contained. il is
agreed that in pursuance of the con-
tract between the company and the
State, hereinafter called the State Con-
tract, that the purchases shall become
entitled to 100 shares of the capital
stock of the Big Wood River Reservoir
d canal Company. Limited the GER
tincate thereof TO be in form as fol-
lows. to-wit:
Big Wood River Reservoir &
Canal Co., Ltd.
LOU SHARES. August II. 1907
This is to certify w. j. Tanner Is
the owner of 100 shares of the carjtaI
stock of the Big Wood River Reser-
voir & Canal Co.. Limited.
This certificate entities the owner |
thereof to receive one eightieth Of a |
cubic foot of water per acre per sec !
ond of time for the following described |
land NE in Sec. 20 T 8 S, R19E .B.M /
tunsurveyed) in accordance with the
terms of the contract between Tho
state OF Idaho and the Idaho Irriea-
lion Company, Limited, and this GER
tificate also entities the owner to
proportionate interest in the dam, CO.
nal, reservoirs and water rights and
al other rights and franchises of the
ldano irrigation Company Limited.
BASED upon the number of shares fin s
Any sold, in accordance with the said =
contract between the said company
md the State of Idaho.
BY - Vice President. v
Attest: Secretary. a
Said certificate to be delivered as s
provided for in said State contract and
lnder the conditions therein stated .
And the parties hereto expressly II
gree as follows to-wit: R
1. This agreement is made in ac- D;
ordance with the provisions of said a.
ontract between the State of Idaho
nd the company, which together with u
ne laws OF the State of Idaho, under CO
men this agreement is made. shall &c
regarded as defining the rights of al
lie respective parties. And shall reg
late the provisions of the shares of ~
ock to be issued to the purchaser .by mi
lie Big Wood River Reservoir and ca tel
Il Company, Limited" %
=. s'1'.l 70 Tue written contract Ea
'out the End day.of May. 1915. they "a
formed respondent that they desired 80
SEED certain amount of land TO the
me grasses and that at said time thew th.
ire advised by NJ. R. Kays who was ~,
en- the acting manager of the re- 10y
ondent. to do so; and that appel Los
us pellevelng that respondent would | col
lhisn water according to it's contract Wi
u relying upon it to do so, did sow fro
III iahu TO tame grass and cared for ,
{ same and irrigated it in good s'o'
u huspandllke manner so long as cor
tier was available during that sea- MOI
ana that through the failure of rig
'pohuent TO comply with it's con-
act TO furnish one-eighteth of q
oic ioot OF water per second of time shi
acre during said irrigating sea- sal
4 the said crop withered and died of
THE intant;o,, nS saiueiess. int,
iuceo from the language EMPLOYED ,he
them, and the terms of the CON poi
Gu where unambiguous, are conc1u- beg
: III the absence of averment and No,
'ot OF mistake, the question beinq
what intention existed in the minds 0he
ehe parties but what intention ;s the
PRESSED by the language used. Wben rigf
written contract is clear and nm nov
i,Nocai It's meaning must be determ -,
ny lts contents alone; and q 'ne'
aninS cannot be given it other thar beg
i expressed. Hence words carro+ vey
redu INTO contract which imnort Cob
intent wholly unexpressed when
contract was executed. Vbora anu
eon'raet evidences care in its prem IL
'ion' 1t will be presumed thar 4, tene
.ds were employed deliberatelv ar5 teno
n intention" ID c. ]. p. 524' Sec
Seo' wise
are of opinion that a fair con N
lcton of the language used nv ,ha
ues in these contracts lends in on
ably to the conclusion that resnona lo'clo
bound Itself to deliver the speciN ao,,
amount of water. namely ona 10Y
itieth Of cubic foot of water na, Niiis
'nd OF time per acre during each W
eating season. II must be horne sale
nlnd that the purpose Of the etata ahox
Federal Government in author,1
such an enterprise as as under 'ner
m by respondent was 10 reclai,,, isfy
desert land embraced witbt, ne Their
Get. No contract could be enfersa for
win respondent until IL had DIV -
assurance that II had "a supplv ~ N'ao
'r sufficient 10 reclaim me- laod Date
'f'd by the project, and whe, if
Eyed 70 the purchasers by the mis-.
i"ets from which We have ouotad
pst have had IN mind thar !, was
~ 10 the purchaser, 10 the ex- CoU
~ on'-eighfieth 81 a cubic FOOT