The Republican. [volume], November 27, 1909, Image 1

About The Republican. [volume] (Mountain Home, Idaho) 1903-1909

Image provided by: Idaho State Historical Society

                
THE REPUBLICAN
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.