Salt Lake Telegram | 1913-04-17 | Page 9 | Idaho Will Sue on Bond for $175,000

IDAHO WILL SUE ON mm 75,000 BOISE, lis . April IT. A question of rsTsmount legsl as well ss flnarir!a! ini" ports nee. hots to the stste of Idaho and to Mitre rs ufion Its lirlgation prtijscts. sill. It In seld on goHl suthorlty. be threshe'l out In the courts of this state when suit In Instituted by the state to K-mei 117.1. toe the amount of the bond pfg wl on serurlty on the Big Lost rtver prnject, one of the Carey aci enterprlees that ehde.1 dlxastrously to inanv sst-tlern sst-tlern The legal ilepsrtment of ths stale in working on the suit and aspects to lave It prepared within a short time The lltlgstlon will settle the mooted questkst as to whether or not theae bonds sn ls ceBartsgr upon. They are given In tne financing or a Carey act project by the promoting or operating company 10 the state as an evidence of good faith that the former will complete the contract con-tract It enters Into to deliver wster to the lend, and ths bond or bonds sre supposed to he forfeited for failure on the part of the cumpanv to complete its contract. The Big lxst rlxjer project has been In litlaaticn for years between the contractor.- sn.l the operating company, the former. Corey Brothers Construction company of Salt Lake, attempting to recover from the Big Loet River Irrigation Irriga-tion company for work performed in the construction of the Irrigation systsm. Including the dam. canals, stc. The company com-pany felled, sfter settlers had taken land on the project and in many instances built their homes snd made many other ' siibntsntlst Improvements aa well as plsnted their crops, to deliver wster. Finally notice was (riven to ths settlers that water for Irrigation purposes could nut he delivered and ths settlere were forced to leave their holdings. Many of them ware financially ruined. The chaotic cha-otic condition that existed and the condition con-dition In which It left the settlers was such as to give southern Idaho s setback In the settlement of Its arid Isnde. much of which Is now included within thriving Irrlgstlon areas snd supporting thousands thou-sands of fanners, who are raising abundant abund-ant eropa. The . bond that the state anil bring anlt on. It Is clalmsd in the litigation to be Instituted by the stste. waa. riven hv the Title Guaranty A arete' company, executed on behalf of fleorge S. Rpeer. 11 In for in amount of l?l,oo. The contention of the stats will be that the contract entered into for the com- filetlon of the project eras not filled in1 he bonding company is therefore llsbls under ths terms of the bond furnished This will be the first suit of Its kind Instituted In this stats to recover nnder a bond of this character and the flltr-of flltr-of the suit and the outcome of the case are awaited with unusual Interest.