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r r 8 Pages 8 Pages U ; y v V A \AS eekly Newspaper Devoted to the Interests of the Settlers of the North Side Tract. JEROME. IDAHO, APRIL 4. 1912 No. 5 . $2.00 Per Year Vol. 2. There is now proha lily no question | a s to the candidacy of Senator Fred ! \\'. (iiHiding for re-election this fall. It is stated that up to the present time he has not otlieially proclaimed himself, preferring to await the a< ,io„ of the National Wool Ware house Association, in electing a new As this assiM'iation has .. I p resident, ade the salary such that Mr. m: (hioding could not accept the tion again, it is the one that he will soon announce himself as a candidate for Senator again. liest I "*l Twin Falls county has probably achieved the distinction of building more roads in one day than wie ever before accomplished. t )n Thurs day last, business men, jMilitieians, common citizens and others all turned out and under the su|iervi sion of a .niplishad the task of rounding up •_'(> miles of good turnpike in one dav, reaching from Hnlil to llan The wives of tin* competent mad builder U« oooe-| sell. toilers'' did their part hy furn ish'mg hot coffee mid sainlvvielies to stimulate the workmen along the No rejKirt is made of the route. Mistered hands and hack-aches that were manifested the next morning, hut all agreed that it was a streun ■ ms day. if the null'll heralded resound* Felloes Pruneau pmji-et an* again iug throughout this sisdion and tin* latest information which has reaeheil tliese (»art- is to (he effect that the l«*ople who an* now hacking and in control of the big project, have . made definite plans, following tin adoption of the engineers' n*|»irG and the surveys, to start work early this year. It is only the fear that the placing large a I dock u acres of laml might lh prevented them from starting work siHiner. The estimated cost of the project is S2ft,<MK),DHG. Tin* money is now ready for use, and utile— some unforseen delay prevents op erations the Hrunean laml« will upon the market of -o f stock as 11(10,1 K N I 1 it, that siMin present a busy scene. A meeting of the directors of the As.stH-iat.sl Water Lsers' I ttion was held at < iiMsling last Saturday even. ing. and aiming other I.. it w:t arranged to hold a g-neral tm etmg of the l moil at Itbss on Salmday, April :10th. There will I«* iH.th an aflerniHin and evening niHini*. and Üie general public will U- n.t.l.sl t.*j While this new l ....... participate. is not making any great noise, tin* interest in the new constantly increasing and its U*i*s)iip G lieing augmented at eiteh meeting by tin* addition ganizations throughout Ibis seetioii. Its iuHuenee bus already been felt in various ways which it is unnec essary to mention at tin* present time, and it still has important duties ahead of it. all water users in this section of tin* state will ls*ar in mind the meeting at Bliss on the *J0th and U* present to learn something about tbeobjivl« rganization is inem • !' !• m•; 1 1 or We trust that of this I'ninll. The frank and • *|m*ii explanation of the Judge Budge decision, as made hy I'onimissioner Speakman last week cannot help but appeal to every fair minded voter and lax payer in the county and silence this cry of fraud and dishonesty that has been made against tin* comity government wit bout any foundation for the same, case a most searching investigation In the trial of the was made of the acts of the missioners, and as the .Indge stated, no semblance of fraud or attempted fraud was found. fniii It is true that in following the a Iviee of the county irregularities have altorney some crept into their proceedings, hut these are insignificant as compared to Homo of the charges nuwle against them, which have all been refuted. The friends of Mr. Massey in this part of the county, where he is well known, simply laugh at the silly insinuations Hung at him from an irresponsible source, and the same is true of other officers of the county who have lieen the subjects of vil litieation at the hands of a few polit ical aspirants. ANOTIH.R COOK I IM.CISION. Tue Slut** Supi*i*iiii* Court handed ; iluivii another decision laut \vi*<*k that is nf vital interest tu residents 1,11 ' arev «os hroiight hy Dora Summerville against the Idaho Irrigation < o. forj damages alleged to have I act projects. Tin* use also came from Lincoln County and •n sns tained hy the plaintiff for failure of tin* Irrigating Co. to comply with the contract to deliver water on a certain piece of land. Tin* lower court awarded Miss Summerville si 1 1.1.1 damages, which was claim* ed as insutlieient, and lieing denied a new trial, the ease was taken to tin* supreme court which on last Friday sustained the rulings of the lower court, hut at the same time pointed out their reason for si ing, in which it G admitted that tin* plaintiff was entitled to further damages had the pleadings in the ease heen pro|H*l*ly made. The court clearly s t -t- forth its opinions in the syllabus t eision as follows: Held, under the the lie allegations of the complaint that the reel I vt* raM«* in llii- a«*tinn i* \vat<T at l In* only dam ages the lirsf payment on right, with intere-t thereon rale of 7 per cent from tin* date ol -iieh payment. "Where an irrigation company einit raid vv ith the state 1 'iiters into a to const rind an irrigation system ,f congress, under the Carey act if the state, and in and the laws duei*s the state to pi: lee certain lands included w ithin said irrigation sy« tent on the market, akes a contract with the state for such laiid and also and a ja*rsnn hi acres akes a contract with the irriga in of in for water for said tion company land, and makes a payment there and thereafter the irrigation on, that changes its canals *i company it is unable to furnish water for said tract of land, tin* eorri*et mens* f damages inelnde« stieb dam stis|aini*d tin* ii a« tin* purebaser has ages by reason of the ex|H*nsi*s incurred, labor perfonnisl or an time which he has made under tin* Utlav of ( , |t|)tn|( . ( . lf( ,. r ,| ie exts-ution thereof, ^ wh|r|i |l( . ||a , sl „ 1( . rMl ,, v n ,„ ( . n ||f (||<> fai , ||ri . , lf .patty m w||i )v wjll , t) . rllis ,.f u . l( . t .„(.fition t | |0 all ,l water 1 ^ ^ w i(|l il|t( , nvt 1 1 . ,i iim .,g ( . s alv <[(<irial (lii|ii!lKl . s must u. plead I Iwfon* a riMMivtTV ran Mi.. Snnmerville might have awarded a greater sum had the plea for special damages eluded in the original i*i in thereto all be had.'' IM i*en heen III complaint, according to the which has the following to say in closing the opinion pmjier: "We think, under all the facts of Mlprrliit* roiirt, • and the allegations of the nly damages reeoy complaint, tin* •*r.;tde is tin* first payment on the water right, with interest thereon at the rate of 7 l«*r cent from the h »f tin* p:i>* nit* lit . date "Had MGs Summerville pleaded she had sus special damages that tained by reason n eiirred, labor performed, or an out lay of time , which she bad snstain 1 under tin* contract after the ex f expenses m tt ut ii hi thereof, and which she had suffered hy reason of the failure of the company to comply with the terms of tin* contract, *n( it led to reinver the IH* she would hnve lna*n addition to all the pay same in incuts made on the land and water right under such contract, with in terest thereon. "The object ami purpose of re ,|lliring spi-eial damages (obe plead ed with particularity is to prevent surprise to tin* opposite party. "Where one paid out for work or labor done and for tin* time expended, (be pleader must allege them in order to apprise the opposing party of the probable evidence which will U* produced to realizes on money establish them and thus give oppor tunity to meet such evidence. lint as such damages wen* not |ili*aili*il, wi* think tin* court did not err in holding that tlie only daina MG« Summerville could recover under her pleadings was the amount paid on the water right, with legal interest thereon from the date of payment. g'' In that view of the ease the judgment must he affirmed, and it is 'o ordered. THK SHTTLHR HIRST. Our attention has keen called to an editorial in the Rural Spirit, of recent date, recounting the action taken at the Irrigation Congress in Portland last month. It was the sentiment of the congress "that every Carey act project ought to have sufficient financial hacking to insure its completion at the time promised, and its ability to do and continue to do all it promises. And any concern that induces settlers to come to a dry country and spend time and money on improvements and then fails to turn water onto the land as promised is act- that can In* called hy no name hut criminal. guilty of it her It can Ik* and often is the eatise of much loss of inconvenience and even money, If the promoters of a suffering. Carey aid project are entitled to the how much protection of the state, more tlie settler w ho gi land anil does the actual development, often risking his home for himself and family. And how often the settler after making payments, and strug gling and making sacrifices to hold Ids place, finds promises unfulfilled, ■s on the work of all to make a arried mit and ruin contracts not -taring him in the face. ' Some if the lich-gates to the s hail a keen realization of .. the settler's plight and sympathized with him. Even if the intent of the pn*inot«*rs is honest, and they fail hy reason of lack of capital, or miscalculation of cost, or had man agement, the result to the settler G the same. Ib* is the great sufferer and lu* G entitled to first thought. "The big stock man and the small stock men as well as any other if our citizens are interested ela in and favorable to irrigation enter prises, for \ ear must a el. more and more every I* herding and feitl adupled. Tin* alfalfa ing system I by irrigation provides the grown feed m-edi-d, and fanner and -tuck nian work to each other's interests and are mutually ln*nelitted. "So long as the state land hoard keeps the welfare and protection of the settler in view and makes that will they theirlirst rare, s best serve the entire state. ong And let it« hope that ,*l Wise, and courageous legislature eleeteil this fall, that will deal with the problems that yet netsl solving as liixt to protect the settlers and w ith that give all legitimateeneniir legitiniate tlevelop eonservative m.M\ agement to ment . ' ' All of the suggestions herein enii tabled are applicable to Idaho as well as ( fregoii, from a general stand point of observation, and without the slightest reference to any par ticular section. In its eagerness to invite capital into the state it is ad mitted that the welfare of the set tler was sadly neglected ill instances, hut these injustices are being righted in possible. Litivi* candidates this fall the ques many Idaho as fa«t as In the selection of legis division (ion of polities and county secondary ■d to the interests of the considérât inn as an* of ft »m pan settlors in tins rounty, ami no oan liilate can hope to^neeeeil w ithout It is therefore in their support, eumlient ii|miii Imlh parties to select candidates who are known to he in sympathy with the settlers, whether they he for or against county divi sion. After n legal battle which has practically lasted for ten years, jury in the famous tSovermueiil case against the t'hieago week returneil a verdict of not guilty for violations of the .Sherman anti The verdict came as a a Packers, last trust law. surprise to the entire country. SOMHTHINO doino. Intensive Improvements Being Made By Settlers all Over the Tract. Iteports from every section of die trai t tiring the encouraging news that settlers generally are making extensive improve ments on their holdings this spring, and from ap|s*aruni'es a large increased acie age will Is* put into crop this season, Acres iijsin acres of sage brush lias lieen cleared and the land is being prepared for planting. It would Ik* ini|KiKsihle for ns to tell of all the work that is lieing done, in one issue of the paper, as in ad dition to the work that is lining done hy tin* older settlers here many new faees an* noted on the tract and these new ar rivals are losing no time in getting to work on their land. As was predicted some time ago, tin* present season prom ises to prove one of the most prosperous we have had. Mr. ('. W. Tromison, of Park City, I'tab, arrlvis) last week to become a |K*r inani'iit resident. He has an so in the vicinity of the Man-Ha ranch south-west of town which lie lias been having im proved and which he w ill personally sn |K*rvise hereafter. His family will follow him in a short time. Mr. Alls-rl Hawkinson who recently pTfrchused a ipiarter-seclioii south-east of town adjoining tlie Wilson Bros, farm, has erected a temporary residence, barn and shisls preparatory to active opera ations on the land. He was joined the first of tin* week hy his brother, K Hawkinson and family, from Ml. Pleas ant, Iowa, and they ex|ss*l to have So acres in crops this season. M. Tin- Plans* Bros, who recently arrived from Iow a, an* rapidly transforming their west of town into level fields possessions ready for M*eding. (.'ont ractor Craig, w ith a large force of men and teams is making astonishing headway in clearing 330,aeres of the Per rine holdings adjoining the town on the south and west. lew Whilelu-ud, manager of the Man ila ranch, has .do acres of ground all pre pared for an additional orchard w hich he will set out as soon as the trees arrive. Mr. Benj. S. Lire was in fromx Whit ney Gap Tuesday and n*(iort8 great pro gress lieing made in that section. He ex pect« to have his entire 1*10 in crops this season, and now lias a large force of men and teams at work preparing the land for the same. It is the ultimate in tention of Mr. Iain* and his associate to make a high i*lassst<K*k farm of this place and with this end in view they have re •ntly made homestead entry on 330 of higlt land adjoining their present [s ,«sessions, which they will clear and seed for spring and lull pasture. Mr. it. ('. MacWalters is having an additional 13" acres of his Overhrook farm put under cultivation lids season. ai*n*s Messrs. Ralph Moon* and Merritt Fry Itave prepansi 4o acres of land for or chard and are setting.out tile ln*es. Mr. N. Greer and ids brother-in-law. Mr, Hngli Colson, of Clielialis, Wash.. lia ve purchased through the agency "I W. A. Heiss, su acres four miles south west of .lerome, which they ex|ss*l to put into crop this season. A. car load of household gotsls belong ing to Mr. I*. Cnsliinan arrived over the Short Une last Saturday, and the same was removed to his new residence which ite lias alsmt completed in tin* Grand View district north-east of town. BihiiIi ami wife arrivtd Mr, H. 1 from t'hieagii yesterday, prepared to make tlieir fiilim* home lien*, will farm the Miss Talisman land ad joining the town on the west the com Mr. and Mrs. Booth an* They in )z M»iiHon. young I h n »pit* an«! arvonruptinvd in thi*ir first iinpn*MHioii tins Mvtion. l*. \V, Voak, of Cleveland. Tenu., who is the ow ner of II» * acres laying six miles north-west of Jerome, has maiie arrange ments for putting si * ai*o*K of tin* same into crop this season. F. Jenkins is preiiaring JO acres of laml w Inch in* will put into |>o|at<ies. Haw Uvker Gallentine are making arrangements to put in loo acres of po tatoes tins season. \V. UeVoe, miimiger of the IWoe On harits A St«s*k Farms, t'o. is inerras ing his fruit acreage this spring hy the mhlilion of l.iioo ton-s. It, S. Frazer is seeding an additional 40 aeo-s of alfalfa this spring. t'p to the present time something over HO aeo*s of melons have lieen eontraetisl for planting tliis \V. M. Massey is putting in 40 acres of pasture. John T. Graham is breaking a large ao*a of new land preparatory to seeding tliis season. J. J. Uoers is materially adding to Iris improved laml this spring. Ami nilcly, as almost everyone on the tract is adding more or leas to their*improved acreage. •ason. wi* miirht tf«* on ulmont Wm \V ;xI it, I'resiiienl. l M;o \V. I'lM II, Vice-President. .(. I*. Unie IV . Ss*n*l , , y , North Side Warehouse and Commission Co., Ltd. Save From 10 to 20 Per Cent on MPL.EMENTS We are making a special price on Farm Machinery lor the next 30 days. Have a stock a little shop worn and faded, but never used, that we are mak ing a special price on for a month. Call and let us show you what we have to offer Hay, Grain, Feed, Coal, Product; find Seeds. Warehouse Phone Bit. Main Street < Uliee 1 Memhpr Business Mens' A— neiati *n of .lerome. ON THE WAY 1 am sorry to announce that my stock of Agricultural Implements although shipped in ample season have been delayed enroute, but are expected daily. Please reserve your orders until stock arrives, as know 1 can please you. 1 Respectfully, THOS. JAYCOX. Idaho Rural Seed Potatoes IN PRIME CONDITION. We have (or sale something over 2,000 sacks ol this seed which has been kept at an even temperature the past winter, and is in the best of condition. Seed can be reserved now and same until planting time. Call on or address G. B. HAW BECKER, 2 j miles north of Jerome. will hold we I expect to plant 100 acres of this same kind of seed this season. CASH CASH CASH We have arranged to receive Cream (or the Jensen Creamery Co. They Pay cash For Each Shipment Call at our Store and talk it over with us; it will pay you We are also agents for the celebrated DeLaval Cream Separator Jerome Hardware Comp'y Right Now Three are three things you are needing. Building Material of all kinds, Irrigating Tubes-**Si«otub3s, Screen ILtors. A large assortment always on hind and a pleasure n*r n. n in connection. Yours for ipiu' .y, I'riis* and S*rvitx*. Mill .how you. Ostrander Lumber Co. IMh i larvey C<s>k. Ass'l. Bill O'Brien, Mgr. Menils'r of Jeroini* Business Mi n - \.s, «dation.