Show I SWEEPING DECISION AFFECTS GEM GE 1 STATE 81 A IE BOISE Ida Feb 9 In In an opinion given yesterday Judge Frank S S. S Dietrich Dietrich Dietrich Diet Diet- rich of the federal court holds that In asuit a asuit asuit suit brought to enforce a forfeiture of the title to a a. reservoir site located on public land on account of an alleged breach by the grantee of a condition subsequently subsequently subsequently sub sub- embraced in the original grant the United States should declare forfeiture forfeiture for for- and that the sane same should not be required by an act of congress as contended contended contended con con- tended by the defendant This sweeping ruling Is of vast Importance in this state The decision is in the case of the United States of America vs Mamie L L. Whitney as executor of the estate of Grant W W. Whitney deceased Involving a reservoir site In Canyon county on which Whitney made a filing December 13 13 11 1899 and which the reclamation servIce service service ice now seeks in connection with the Payette Boise project Counsel for the Whitney heirs contended that they had hadnot hadnot hadnot not been permitted to go ahead with construction construction construction con con- work on account of extraordInary extraordinary nary conditions or pending litigation The case is viewed with particular Im Importance Im- Im pc-nance pc by the officers of the reclamation reclamation reclamation service who it is understood propose propose propose pro pro- pose pose to institute a number of similar cases In Jn connection with Idaho Idaho- projects The action was was' Instituted on the ground th that t under the filing by Whitney Whitney Whitney Whit Whit- ney and which was approved and in indorsed In In- by th the secretary of the interior department f October ei 18 iSIS 18 no eco construction construction tion work o had been n done on thy r proposed J d power g e project fe and tg that reh he h had not corn com complied poled plied with wIth the provisions of pf t the statute |