Show I DES WHEEL I WOULD NOT TURN Entirely New Point in the Irrigation Law Raised in the Federal Court at Boise SUIT BRO BROUGHT FOR CASE WI THE COURT OF OF AST a RESORT ESO RT Special to The Herald Boise Ida March E B Critchlow of Salt Lake City has s appeared before Judge Beatt Beatty of the Unit United d States district court and argued the case of Henry against the Falls Land Irrigation company in a number of Salt Lakers are Interested Interested Mr Ir represents the defense The Tho plaintiff Is r represented presented b by Colonel Jsmes H Hawley and W v E The case is of more than ordinary Interest be because because cause an entirely new point In irrigation law is raised owns a placer mining claim and about acres of agricultural land near Ferry He had current wheels set in the Snake river which raised 1200 inches of for forthe forthe the land and the placer distance of twenty feet The current wheels it sh should uld be understood are wheels that are set out in the river with cups attached to them The current turns the wheels and raises the water to a flume or flumes through which it runs to points at which it is needed The Twin Fans Falls company built a dam nine mites miles below place The effect ot of the dam was to stop the current so that wheels would not turn Consequently he Was vas deprived of water for his ranch and his placer According to the papers in the case the dam backed the r up to a 0 height heigl of forty feet at atthe attile tile the point of construction this height gradually growing less Jess until at the farm the river is at about its normal height though devoid as has been stated sted Of currant SuIt Filed for at once filed suit In the fed federal federal eral Twin Falls company Is in incorporated Incorporated under the laws of claIming that amount as tIle the value of his property The defense does not dEny that has been injured but sets up the claim that on the theory theor of the greatest good to the greatest number he is not entitled to recover The corn com company pany will as a result of Its enterprise ir irr Irrigate r sate and bring under cultivation ap approximately proximately acres of land landI I is set forth that in order to comply with demand for a restoration of the current It will be necessary for the company to tear out its dam entirely This because the entire flow of the Snake river is necessary to turn the wheels It is pointed out that it Is un unreasonable unreasonable reasonable and unjust to let one man wIth a single farm of only a adres res claim and control an entire river when h of thousands of acres of land below him can be made tillable through the destruction of the current And if claim is held to be sound then the settlers below the dam will have a similar ground for suits against the company and there would be beno beno no end of expensive litigation In fact the company would have to buyout buy out every river water right between Shoshone Sho shone fhone and the junction of the Snake with the Columbia a distance of approximate approximatelY lY miles The point Is regarded by Judge Beatty Beath and others who are arc familiar with the tho liti litigation gatlon gation as a most interesting one The jud jude e has said that he will give the at attorneys attorneys on both sides plenty of time in which to consult authorities and file briefs It Is realized that practically new ground Is being adventured upon and the court Is anxious to have hae l possible light shed on the The rhe case will vill it is announced be taken to the United States circuit court of ap appeals appeals peals and thence to the supreme court of the nation no mauler matter how it may be dt in the court of original jurisdiction Jurisdiction tion as all parties are extremely desirous of having the vexed and vexing question authoritatively settled |