Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-11-03
= TIE LAND CONTEST CASE.
The r4sIss u 1eiliilsSy ri IL h..
- 4 .tee.ieasion 9oisy. 10 9

ms morning the case of IN,
United States aud Thomas ]
Aimy, Thomas E. Jetsmy, .Jr.
and Levi Reed doing bust
ness ms Jeremy 4 COZ pr.se.,
ants,ys. Alfred Thompson, claimant
which opened Oh Saturday las
at the United States Land ofice
First South Street, was resumed be
lore Registrar Frank u. Hobbs and
Receieer Ho<tsbsH;isfl
MssSfs Parker & Thompson I'd
stephens & Schroeder, attorneys
appeared for Mr.. Thompson; AIessrs
Bird & Lowe, with Messrs. Bradley,
Marshal d Bradley, represented
Jeremy L Co. g4ttfN
The lands in dispute, desc,i bed in
saturdays NEWS, comprises lot 4 OF
Sec. is, lot of Sec. 10, township ]
\. RE- w. S. offs. L. !. and lot 1
Of Sec. Is, n. f. / aud ). Z. and
lots l, ?, ., and Of Sec. 81 township
/ y. r., w. -F--
The case arises upon an affidavit
hied by rhom1s ]. Amy, acting
for Jeremy Il Co.. alleging that the
lands in Question sosght 30 lie en-.
Tered by Alfred Thompson, Under
the Desert Land law, are not desert
lands Within the meaning Of the
hA. s~,--..l
This mornings Proceei iugs cam
menced with the taking Of the tes-
timony Of h,. lMarcu. +. Jones.
geological expert, this city. The first
work he did for the govarnmeu, was
IN 1879 or 1889, In Connection with
the agricultural department. 4 year
ago be was appointed to prepare the
report for the Senate committee on
irrigation In Utah, which had since
been published. He now held the
position OF special expert Of the Blu
reau OF Statistics OF the Treasury
DspAtt,i.ent. Sinceissg he had had
charge Of the semi monthly Ohser-
vations OF the OSCILLATIONS OF the
Great salt Lake. He now had gen.
e.si charge Of the work OF survey In
This Territory. On his arrival In
Utah he began the study OF the
Great Salt Lake and Ind continued
It's study up to the present time.
About the year 1877 the minute
and accurate observations OF the
lakes usclllatisns began under
the Survey and had been
kept up until now. These 0bser-
rations we're taken at various times.
The present official record began
April lst 1881. IL was taken by
Capt. Douris until June 2nd, lss6.
when witness was requested TO IN.
dettake u,
Mr.. Thompson moved to strike
out all Testimony Of the witness n,
% any data or observations taken by
anyone bnt hiTiiself as not compe-
tent and being hearsay.
Witness added that much Of the
iata from which the diagram now |
introduced was made was obtained 4
~ him from official sources. The |
treat Salt Lake was new, as it was
It the time Mr.. Gilbert had charge
" II, within the great basin divis-
on or department. Witness
va. acquainted with the loca-
ION Of what was known
Is the Jeremy & Co. salt lands and
works on the borders Of the Great
salt Lake. He was present when
Mr.. J. Fewson Smith ran some
evels upon the Jeremy salt land,
nut did not assist In the work.
Major Biri asked the witness
the levels which We're run
y J. Fewson Smith were ever con
lected with those shown upon the
iagram produced OF the oscillation
{ Great Salt Lake and rainfall OF
alt Lake City, hy himself and Mr..
ninth; but
Mr.. Thompson objected 10 the
uestion rs being incompetent and
d the further reason that the wit
ess had testified TO nothaving him
elf taken the levels or assisted in
aking.them.
Witness further said that Mr..
mith and himself ran levels and
them within n possible
OF IS Of an inch. He
leant the difference only between
he levels as shown upon his dia-
ram and those OF the Jeremy salt
ands as run by Mr.. Smith. He did
ct care 10 surrender the diagrams
ent him by the Senate committee,
IDce they were the only ones he
ad. They were, however, identical
nth the one upon which he had
ow been testifying.
Major Bird offered in evidence
ne diagram Of the oscillation Of the
ircat Salt Lake and the rainfall Of
ne city.
Mr.. Thompson, however, objected
, all that portion Of the exhibit
lsed on data or observations taken
rior to July OOH 1855, inasmuch ne
lie witness had no personal knowl-
lge Of the observations from which
le data Was made. Further, he I
ljectcd 10 the admission Of the ex-
hit on the ground OF entire irrel-
fancy aud immateriality,
In eross-examiuation by Mr..
hompsOp, the witness said he hal
lOwn the particular tract Of land
! dispute in this case since about
Ie year 1851; was particularly ac-
Iaiuted with II eince 1855 or 1856, /
e believed the taking Of the Levels /
! the Jeremy land by MIR. Smith, /
his presence, occurred IN August !
st. In answer 10 further interro- /
Itions, witness stated that some /,
here about the llth OF August :
, went out TO Jeremy's salt ponds, I
hen Mr.. J. Fewson Smith showed \
M certain bench mark which {
, had driven into the ground, I
tie to the southeast, on the east ]
n edge Of a small division OF the i
nd, and probably about quarter e
n mile fcem the pier. When they 4
ached the pier witness requested b
T. Smith 20 level on q certain pile I
the farther end Of the pier, a :
rtain distance above the waters
re a nail was driven, or a spike
Ind already driven, from :
hich these levels with the then
rface OF the lake was taken. He Z
mithl also leyeled on plant !,
,srer the shore and found its dis '
nee, tep and bottom, from the sur [
&c OF the lake. The lal.e was per- :
city calm and undoubtedly at its
,rmal level, having been previ- :
Isly undisturbed by winds. On /
q following day MIR. Smith and
inself went out to Garfield Beach
nd leveled down from the govern 4
ent bench mark established by the
nited States Geological Survey 10 :
o surface of the lake and found out
&c position Of the lake In
iation 10 the government bench {
ark. and in relation 70 the guage F..
Dm which all the observations had
,en taken. The lake WINS calm :
at day, 70 that they got the leveh :
,curately within about quarter Of
| inch. The weather had been =
i'm between the two days, 90 that
e levels taken on the second day
ust have shown almost exactly
hat the position of the lake was at