Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-12-18

vas ANASAASu Aic ltllllOu OF JESSE
w. Fox, ST., aud others proposing
to return the amount paid by tie
city TO the Hydraulic Canal Com
pany in consideration Of receiving
n deed from Salt Lake County Of an
undivided One-sixth interest in the
jordan dam and the water of said
river, provided the city would deed
said one-sixth interest 50 acquired
back again, reported that the matter
had been carefully considered. They
said.
While we are convinced that the
transaction ~ made in good faith hy
all concerned, subsequent events have
demonstrated that the interest in the
water Of the Jordan river so acquired
by the city is uncertain and cannot be
at present maintained by the city but
by expensive litigation. We therefore
recommend that the proposition OF
said Hydraulic Canal Company be ac-
cepted. We are not prepared 10 deter
mine whether the deed conveying said
/ interest should be made TO salt Lake
County or to the Hydraulic Canal
/ Company. and therefore leave this
F. Uuesiion 10 be determined by the
! Council, and when so determined we
/ recommend that the city attorney be
instructed to draft and present the
necessary deed Tor the approval Of the
/ Council.
Mr.. Dooly stated that inasnuch
as there was a question about the
] city being able 10 maintain its inter
est TO One-sixth Of the waters hus-
banded 10y the JOrlan dam, last
conveyed by the county, it would
| appear that the city had n One-fifth
interest in said waters, and If the
council voted away One-siSth Of its
I interest, theh the-grarlee would re-
ceive an actual one-thirtieth Of the
waters Of the river. While he did not
! believe that anyone entetcd i.t5 the
contract with the Hydraulic Canal
Company dishonesty, he was I'M
willing to deed said company some
thing when it was stated by cOun-
cilOrs that the city received nothing.
However, he believed the city could
have maintained its right IL II had
officers who would maintain il; he
was sure if he bought It he would DO !
50. lie did not think the report
stated what it meant.
Councillor Young sail Mr.. DOOly's |
objection was merely n technical
one and could lie easily overcome.
Alderman Sharp was unable to |
understand the point raised by Mr.. |
UOoly. The report stated the matter /
correctly. 1t recommended that |
the identical interest required 10y |
the city from the county he decided |
hack and left the City Attorney TO |
give his opinion rs to whether the |
deed should run 10. the county or
.he Company. There was no 1
member on the floor Of the
council who would pretend 10 |
Claim that the transaction was not |
made i'm good faith by both sides
Mt the time, and for one lie thought |
at the time that the city was making |
a good purchace, and would obtain
for its money Une--iEth IN the /
waters Of the jordan River. He 1
thought so stll. But the majority |
Of the council having decided that
the right obtained by the city could 1
not he maintained except by ex-
pensive litigation, the committee
had recommended that the identical
interest, be it much or little, simply
that 10 more and no less he recon
veycd to the source from which 1t
came.
Mr.. Dooly was -atisfied " it was
understood that the city simply
relinduished what il acquired, but
he insisted that the report did not
say SO, and would therefore vote
against il unless amended.
Councillor Roberts was in favor OF
the city attorney giving a ruling
rs to whether the city could MAIN
tain it, right. IL it could, then the
one-sixth interest in those waters
was worth $4,000 instead OF slO,-
600, but he apprehended that the
-ity could never hold its right. The
people out there would combine
against the city, and if the matter got
into the courts they would swear
the city's interest all away. l OPP
posed the proposition from the start
because / fnresaw that we would
not he able TO get what we pur-
chased.
Mr.. Dolly (sotLo rOcc) - Then
why did he Sign the report in favor
Of il?
Alderman Mccormick am no
lawyer. but l apprehend if the city
undertook 10 maintain its right 10
the water acquired from the HydTau-
lie Canal Company, there would be
many difficulties thrown in the way
hy the people interested on both
sides OF the Jordan. and while a pri-
vate Individual might Ice able TO
defend il ifhe owned it, don't think
the city can, and hence ! am in
favor Of reiinquishing in favor OF
the County Court from whence II
came.
Councillor Clark said: We bought
the grant that the County Court
made to the Hydraulic Canal Com
pany for one-siXth of the capacity OF
the Jordan dam. On the records OF
the County Court today it is recorded
that when the company should in
they would receive a deed
10 the water right. When the propO-
sition Of the city 10 procure 1t was
discussed, the question was con-
As to whether II would lie
the better plan for the company to
and the deed 10 be made
10 il. or whether it would he more
advisable for the court 10 deed di-
rectly TO the CITY. The latter plan
being the more expeditions II was
agreed upon rs n result Of this under
Standing. The Hydraulic Canal
Company petitioned the County
Court to make the deed accordingly,
and or that petition il was done.
Councillor Sowles thought the city {
got all the title that anybody could |
get. twas identically the same rs :
the other canal companies got and
as the city received in the first III
stance. He had never heard legal
opinion in regard to the matter. |
voted for the proposition because it
10 me il was good buy. /
am not convinced yet that 1t wasn't
If the city got what it bought We
will he very foolish to rclinquish il. 1
IL il didn't, lets have our money
back.
Councillor Young-I have heard
today that indictments have been
made against several persons for al
Ieged wrong doing in selling this
property to the city. / do not know {
what the charges are, but let US see I
about it. We should not be In too
great hurry. II it was crime 10 :
ell it, it may be a crime to buy II. ,
Let us take time TO investigate the !
matter thoroughly. IN
On motion action was deferred to {
he next council meeting. A motion ,
vas also made that the city attorney ,
the question as to whom
he deed should Toe made.
The city marshal asked 10 make n !