The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-31
THE GARDEN CITY.
The Hard-Fought Case of
Bate & Co.
AGAINST AMERICAN FORK CITY.
Settings for Trial in the District Court "A Big
Appropriation-The Liquor Question
Frank Mayo, Etc

Provo. Oct 30.-Tnc hard fought case OF
Bate & Co. VS. American Fork monopoliacd
the time of the court and officers to-day,
and from appearances will not be com
peted before tomorrow evening. The
case fingers upon the question as to the
limits OF the defendant city.
The plaintiffs claim that in 1883 they built
bath houses, dancing pavilions, bar rooms
aud other appurtenances to pleasure
resort out upon and over the waters of
Utah lake and beyOndthe limits Of Amer
lean Fork city; that afteIward the waters
geceded and left their buildings upon dry
land; that then defendants, claiming that
they (plaintiffs) were located upon public
street. in pretense of clearing the obstruc
tons from said street. destroyed plaintiffs
property and injured their business to the
amount of &, 800
The defendants admit the destruction of
property, but claim that what they did was
of rightin clearing the streets of nuisances
and distractions. They contend that as
the waters of the lake receded, this street
extended to the waters edge. Incidentally
it is shown on the one hand that the prop
crty was destroyed while a dancing party
vas on the pavilion floor, and that the lum-
Der and other material was totally de-
str0yed: and on the other, that the resort
people were carrying on a disorderly bust
ness and were selling intoxicants without
a license from the city. There doesn't
seem to be such vast difference between
the parties upon the questions of fact, but
some Gordan knots of law have to be I'm
tied in settling the case.
Following is the civil calendar as set
yesterday:
OCTOBER 80.
The People VS. Ernest Bullock; appeal.
The People VS. John Bennett; appeal.
OCTOBER 81.
United States vs.. Peter Nielsen; unlawful co
The People vs. James Hadfiels ct al. FOR Re
fOTia school.
NOVEMBER 1.
Provo City vs. II. S. Hines: appeal
NOVEMBER ..
The People vs. Erick Nielsen two cases.
NOVEMBER 4.
The People VS. Robert Atwood; grand larceny.
NOVEMBER 3.
William o. Busby VS.. r. H. Doolan; equity.
NOVEMBER II.
S. L. c. Western Railway Company vs.. Daniel
Sullivan, Is. Z Earl T. ID. Sullivan Patrick
Shea ct al.
NOVEMBER 10.
United States vs.. Peter Madsen; unlawful co
habitatiOn.
NOVEMBER "A.
Thomas B. Witty VS.. Joseph L. Kelly
NOVEMBER -.
United States VS. Z. w. Fox: misdemeanor
United States Us. Joseph Page; misdemeanor
NOVEMBER 10.
Lake Shore Coop. VS.. John A Hanson.
A. zimmerman vs. A. o. Smoot.
NOVEMBER IS.
Spanish Fork Coop. vs.. l. O. Lawrence
Peter c. BrOugh vs.. H. A. kearneS ct al.
William j. McLain vs. Thomas Fowler.
NOVEMBER 20.
Mount Pleasant VS. J. B. Hunter three cases.
Appeal.
Mount Pleasant sv. Bent Robson. Appeal
Mount Pleasant vs.. Josephine Jensen. Ap-
peal.
NOVEMBER q.
Spanish Folk City vs.. a. B. Rocilhin 1.-TWO
cases. Appeal.
Spanish Fork City vs.. John Roclzhin 0hree
Spanish = Ork City vs.. Aaron Luadquist. Ap-
peal
j. NJ Thompson vs. z. Coltrin.
NOVEMBER %
Lyman s. Wood VS.. John Bosh ct al.
James Ma am 9TH VS.. Christie )her Dixon.
NOVEMBER 70
John Butler vs.. Albert Roberts.
NOVEMBER 27.
R. j. Banston vs. Thomas Thurman.
Rels g. johnson vs. Joseph ). BuSby.
W. Z. Watson vs.. George Crewther ct al
Alvin L. Robinson vs.. Hans EsIund.
NOVEMBER 90.
Omer Call ct al. VS.. Joel Grover ct al.
w. S Mccormick vs.. William Cla- ct al.
j. b. Mcclellan vs.. Anna Marks.
NOVEMBER 30.
Charles W. Robinson vs.. W. II. King, admins
traitor.
John B. Miner VS. Provo city.
Provo city vs.. J. G. York.