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n OFFICIAL PAPER OF MOUNTAIN HOME MOUNTAIN HOME, IDAHO, SATURDAY, NOVEMBER 27, 1909 Volume 21 Number 10 WEISER MEN SUPPORT DRYS $27,200 Subscribed by the Business Men of Weiser for Prosecution of the Illegal Selling of Liq uor. Weiser, Nov. 22—At a mon ster mass meeting of enthusias tic citizens held in the Wheaton opera house here tonight the sum of $27,200 was pledged by the business men of the county to assist in prosecuting violators of the new local option law and to assist generally in the en forcing of the new ordinance. The meeting was presided over by E. M. Heigho, the prin ^ cipal speakers being A. L. Free hafer, J. B. Matlock and Rev. E. A. Paddock. The meeting gave rise to the belief that no effort will be spared to carry out the terms of the new law in every particular. The following men each pledged $1,000 for prosecutions of bootlegging and blind pigs: E. C. Galloway, W. A. Fulker son, E. A. Paddock, E. M. Heigh o, Dr. J. R. Numbers, Frank Knox, W. McBratney, John C. Neeley, J. J. Fuller, Weiser; Parker V. Lucas, A. L. Free hafer, Council; R. E. Wilson, Cambridge. Five hundred dollars each was pledged by Dr. Brown of Council, G. D. Mitchell of Mea dows, A. F. Brenam and Norval Gorrie of Weiser. Statesman. PAYNES ENTERTAIN. Tuesday afternoon Mr. and Mrs. G. M. Payne entertained a number of friends and old time residents of Mountain Home at a delightful affair in honor of their daughter Mrs. L. J. Wea ver of Boise. Everyone of the large crowd pres e n t was requested t o give a reminiscence of the early days in Mountain Home and some interesting and well told stories were the result. Mrs. Swan and Mrs. Reynolds were a tie for first place and the drawing of straws gave Mrs. Swan first pr ize. Mrs. Marion House won the booby prize. Questions as to when the various guests first came to this place were next in order and a long list of names and dates of arrival was made, a mong the oldest being Mrs. John Pence, 1885, Mr. and Mrs. Payne, 1886, and Mrs. House, 1887. A guessing game followed in which pea pods were passed around in a basket and upon be ing opened a question wasfound, which form of entertainment afforded great amusement. The afternoon closed with the . ^iuging of "Auld Lang Syne" j> !^ind the affair pronounced a success. Mrs. Weaver is very well known and thot of here, having lived here a number of years. Mr. Weaver came down Thurs day from Boise to spend Thanksgiving with his wife's parents. The Weavers return the first of the week. THANKSGIVING DINNER. Members of the Congrega tional church choir were enter tained at dinner Tuesday even ing by Mr. and Mrs. B. P. Thompson at their hospitable home on the bigSawyor-Thomp son ranch west of town. Owing to other engagements but six of the choir members were present, these being Mesdames Briglieb, Eaton, Spring, Miss Blunk and —of course—J. L. Bradford (count on him missing a big feed and you've missed the score a million). Neighbors and other friends were also present making the attendance quite large. For our information as to the elegance of the entertain ment—both social and gusta tory—we are indebted to the male member (Old Brad) of the choir present, whose adroitness and skill at such functions have been proverbial. To attempt a portrayal of his rapturous de scription of that which engaged his attention and capable prow ess with the implement of the epicure would tax the powers of a far better word painter than he who his trying so to do in this humble report. No formal program confined or cramped the 'ccasion, but guests, host and hostess joined in the singing, story telling (here also Brad showed eflul gently) and wholesome pleas ures of an cldfashioned gather ing at a good old-fashioned American home. FIREMEN'S BALL. Time and space will not allow us to make the report of the complete success of the Fire men's Thanksgiving ball that we would like to. A large and jolly crowd came to help them celebrate, many from out-of-town [places. About 100 couples danced to the music of Lark's orchestra. From the sale of tickets the Firemen re ceived about $135. The receipts are very good and the Firemen will thank the peo ple of Mountain Home who, thru their liberal patronage, made such a success and, incidently, our fire department possible. WHAT LOCAL OPTION MEANS. An overwhelming vote for pro hibition in Lincoln county last Wednesday gives promise of great things in the future. It spells the reign of law and order and promises a higher so cial and moral development than has been obtained in booze cursed Idaho. It means that the reign of li censed lawlessness must cease. With Lincoln and Twin Falls counties, comprising the heart of Irrigated Idaho, solidly grounded in the principles of righteous legislation, as exemplified by their vote on prohibiting the liq uor traffic, no prophecy can for tell their influence on future state legislation in the interests of public morals and civic right eousness. The first move along this line will undoubtedly be an insistent demand for state wide prohibi tion. The dry counties cannot rest while the saloons in Boise and Mountain Home are dispensing death and destruction in the name of law and under cover of a vitiated local sentiment. And when it comes to a vote, the few wet counties with their small wet majorities will go down in defeat before the heavy majori (Continued on paga 4.) BRINDLE CALF REVERSES SUPREME COURT Among its other activities the Brindle Calf occasionally takes a crack at the Supreme Court. In its current issue it reverses that body, whose real action in the suit of the Idaho Fruit Lands Co. vs. the Great Western Beet Sugar Co. and the Elmore Irrigated Farms Association is found CORRECT LY STATED in this issue of The Republican. TT SUPREME COURT SUS TAINS JUDGE WALTERS Decision Affirms the Opinion of The District Court in Appointing Receiver For Both Systems Under One Management The supreme court in pass ing upon the order of receiver ship for the Great Western Beet Sugar company and El more County Irrigated Farms Association, for which the Ida ho Fruit Land company made application to Judge E. A. Wal ters of the fourth judicial dis trict holds that it is within the jurisdiction of the trial court to appoint a receiver for the property of the defendant com panies. In affirming the de cision of Judge Walters, Justice Stewart' who is concurred with by Chief Justice Sullivan and Justice Ailshie, in the opinion filed with the clerk, says: 1. When a plaintiff alleges that it has acquired an interest in an irrigation system by the purchase of water rights there in, and the irrigation company owning such system becomes insolvent and is unable to pro tect and care for its property , ^ and comply with its contracts^ with the plaintiff to furms water, the district court ° r t e judge thereof has power and jurisdiction to appoint a re ceiver for such irrigation com pany to preserve and care for and operate it's property pend ing the litigation as to the plaintiff's interest in said prop erty. corporation to property is at-! 2. Where a foreign corpora tion appropriates water for sale, rental or distribution, and builds a system for the purpose of sell ing, renting and distributing such water, the right to collect rental or compensation, for the use of water supplied by such system, is a franchise; and where such corporation leases such system to another corpor ation engaged in the appropri ation and distribution of water for rental and sale, and the lat ter corporation becomes insol vent and permits the system to become in disrepair and unfit to be used in the distribution of such water, the court has juris diction and power to appoint a receiver of the entire property of both corporations pending litigation to determine the in terest a purchaser of water may have acquired in such sys tem. 3. Upon an application for the appointment of a receivi r of a foreign corporation, where the title and possession of such tacked, it is error for the trial court to refuse to consider the answer of such foreign corpora tion on the ground that it has failed to comply with the laws of this stats regulating foreign corporations doing business within the state. We see that under constitu tional provisions the water ap propriated by the appellant was dedicated to a public use, and that the right to collect rates or compensation is a franchise; and when such waters shall have once been sold, rented or dis tributed to any person, who has settled upon cr improved land for agricultural purposes, such person shall not thereafter with out his consent be deprived of the annual use of the same. The appellant, then, was exer cising within the state of Idaho a franchise under the provisions of the constitution; it was en gaged in serving the public. If the appellant leased its irriga system to g eet Sugar c om pany, as alleged in the corn pj a j n ^ anc | others for water, then the liability of the appell an ^ un( j er the provisions of the constitution, ought not to be finally determined upon an ap plication for the appointment of a receiver; but such ques tion should be left open to final adjudication upon i}s merits. According to the pleadings, the Irrigatsd Farms Association leased its system to the Beet Sugar Company, not only for the purpote of serving its own patrons but also the patrons of the Beet Sugar Company; and it appears for at least three years the system has been so used with the knowledge and consent of the appellant. To now hold, under this state of facts, and after such system has become in disrepair and un suitable and inadequate to sup ply the persons who have made contracts for water, that the court has no jurisdiction to ap point a receiver for the preser vation of such property, would, in our judgment, be a manifest injustice to the plaintiff and those who have made contracts with the Beet Sugar Company. The exact relation of the parties ought not to be determined upon a preliminary hearing such as arises upon the application for the appointment of a receiver to preserve the property pend ing the litigation. Rev. Codes, sec. 4329, express jy authorizes and empowers the appointment a tween partners or others joint ly interested in any property, or fund, or the proceeds thereof, is provable, and where it is that the property is in danger of being lost, re moved or materially injured." The appellant has not been in passession of this property for at least three years, has per mitted the same to be operated by the Beet Sugar Company, now an insolvent corporation, has taken no steps to repair the property, which it is admitted is in baa condition and unsuit able to do duty as an irrigation system, has not compliea with the laws of this state as re quired of foreign corporations, and the existancs of these facts and the fact that the plaintiff claims to have acquired an in terest in the property of the ap pellant, we think fully author ized and empowered the trial court to exercise the judicial discretion vested in it to appoint a receiver for the preservation of the property in litigation, pending such litigation. The appellant admits that its canals Hud ditches are partially filled with sand and gravel, but alleges that it is only to the ex tent usual after a year's use and such as customary in all irriga tion systems; and alleges that it is ready, able and willing to clean out said canals and ditches and to put the same in shape for the proper distribu tion ol its water prior to the ir rigation season of 1909, and that plaintiff has no interest, legal or equitatle, in its proper ty. While this answer is made, yet there was no evidence be fore the trial judge showing the good intentions on the part of the appellant to perform the acts alleged in its answer. It may have been ready, able and willing to put the system ir condition to be used, and yet not have done so. In fact, one of the first steps in our opin ion, which would have tended to show its good faith, would have been a compliance with the laws of this state in appoint ing an agent and qualifying un der the law, so as to entitle it as a foreign corporation to do business in this state; and with out some act on its part, mov ing in the direction of put ing its irrigation system in a condi tion to plainti was perfectly justified and had full jurisdiction to take charge of such property pending the trial of the interest which plaintiff claims to have acquired in such property, and in ap pointing a receiver to preserve and care for such property. At the hearing for the ap pointment of a receiver, the appellant offered and asked the trial judge to consider its an swer filed in said cause. This was denied by the trial judge and this is assigned an error. We think the trial court should have considered this answer. The appellant had a right to file its answer and defend its property, even though it had not complied with the laws of this state as a foreign corpora tion. This fact did not deny it the right to protest its title and right of possession, as against the claim of plaintiff, to have acquired an interest therein. War Eagle consolidated Min. Co. v. Dickie, 14 Ida. 534. The failure, however, of the trial court to consider the an swer of the have made no difference in the power or jurisdiction of the judge to appoint such receiver. Even though such answer be considered still the record, in our judgment, fully authorized and empowered the trial court to appoint a receiver. Finding no error in the record, the order is affirmed . Costs awarded to resDondent. shown or fund is at protect the rights of the ft, we believe the court ellant co lid LEMHI COUNTY VOTEDJDRY Lemhi County is voted into the Dry List by About Fifty Majority. Stormy Weather Prevents a Larger Vote. The Idaho Daily Statesman has the following on Lemhi's election. Salmon, Nov. 25.—Latest reports from outlying precincts in yesterday's election indicate that Lemhi has gone dry by a small majority. Several pre cincts are yet to report but these will not materially effect the result. Conservative estimates tonight pla:e the county in the dry list by about 50 majority. The election was one of the most bitter and acrimonious in the history of the county. The weather was disagreeable, with rain, snow and sleet all day long, thus curtailing the vote. The storm seriouslv interfered with the telephone service, making great delay in getting in the returns. The vote in the precincts so far heard from follows: Wet. Dry. Salmon City Fort Lemhi Brookline Junction Gilmore Yeomansville Gibbonsville Spring Mountain Noble Carmen Julesburg Yellow Jacket Babbitt Foot 336 336 25 23 105 61 96 51 20 16 8 8 15 24 9 ' 13 32 8 26 32 4 1 ) 9 8 7 pper Queen Baker Annctt Creek Co 13 37 38 8 8 671 715 Mineral Hill, Iron Hill, Pah Simaroi and Blackbird are yet to be heard from. It is not ex* pected that the returns from these places will make any ma terial change in the results. Excursion to the Orient. The Seattle Commercial Club is organizing an excursion to the Orient for business men, their families and connections, to leave Seattle on U. S. Minnesota December 22 and to return about March 5, 1910. The Min nesota will touch at Kobe, Yoko hama, Nagasaki, Shanghai Man ila and Hongkong. First ''lass round trip will be $250. Space for exhibit on board will be pro vided. Stops will be made of from on j to three days at all the ports, and seventeen days at Manila. Applications for full particulars and reservations should be made to J. M. Shaw han, chairman of the Publicity Committee, 700 Eiler's Music building, Seattle, Wash. Notice TO ALL PERSONS HOLD ING CLAIMS AGAINST THEGREAT WESTERN BEET SUGAR COMPANY. You are hereby notified to present all claims of whatsoever nature against above named corporation identified as water right contracts, water right deeds, notes, accounts, etc., to the receiver of said company at his office on or before the 15th day of January, 1910, at Mountain Home, Idaho. O. E. CANNON, Receiver. Office, Bailey-Siffert-Garrett Co. Bldg.