Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-03
SELLING THE WATER OF THIS
CITY.

inhabitants OF this city in which they
will manifest a livelIer interest than
proposition affecting the water sup
ply; and should the proposition, be
menacing to their welfare, the inter-
est in it which they viii display
viii be likely to assume the form OF
n belligerent Jealousy. This latter
sentiment has been somewhat ex-
tenslvely aroused 10y the proposal of
Witcher Jones land asscciates'' to
purchase the waterworEs plant, fran
chises, irrigation system, sources of
water supply, etc, pertaining to this
city, which was submitted to the
City Council last Tuesday evening.
We do not know who Witcher
Jones is, nor are we informed as to
the identity Of his Associates We
have heard it animated that they
are boomers" Ofrecent importation.
If it be true that they are new ar
rivals, they have certainly taken
the wrong course to ingraciste
themselves into the confidence and
esteem Of old residents, Of any
shade Of politics or religion. The
mass Of the citizens will look upon
them as the authors Of n scheme TO
secure the ownership Of that without
which people could not exist here.
with the design Of placing the in
liabitants Of the city under a tribute
from which it would be impossible
for them to extricate themselves.
and which would render the schem-
ers enormously rich.
We 10 not think there is any
danger that the present City Coun-
ell VIII lend a favorable ear to the
proposition Of Witcher Jones and
the Spectators whose identity lies
concealed under the term sassoci-
ates." Had the Council the power
to sell the water 10 q private con-
Germ, We do not believe it would
have the hardihOOd T. exercise that
power by accepting the offer referred
To- a vote looking to such action
would create such a storm Of public
indignation as the members Of
the Council would not care to face,
and the protests of citizens OF all
shades Of opinion would unitedly
contribute 70 swell the fury Of that
storm.
But the City Council has not the
power TO accept the proposal Of
Witcher Jones and ASSOCIATES. >
and were the scheners as shrewd
ami well posted on the law Of the
subject as they are audacious, they
would not care To risk the amount
Of money they offer on such title
as they could get from the city. If
It be admitted that the statutory and
common law applying TO the owner
shipof the waters Of this city be to
an extent imperfect and uncertain.
no lawyer worthy Of the name will
honestly deny that equity would
intervene to prevent the
placing of this whole city
under the tribute to private
parties which the Jones scheme
contemplates. But we make no adj
mission Of defect or ambiguity in
the rules Of the common law or the
provisions Of the statutes, which
relate directly to the subject. The
settlers upon the lands Of this city
acquired n title 10 the waters
which were necessary to render
those lands inhabitable, or of any
value, and the ownership Of the
water has never since been sep
Grated from the title TO the land.
The common law relative to irriga-
ton will abundantly support this
proposition.
So do the statutes Of the Territory.
Section So Of the original charter Of
this city is as follows:
Sec. IS. THE City Council shall
have Powerl To establish. make and
regulate public pumps, wells, eisterns,
hydrants and reservoirs; to distribute,
control and so regulate the waters
flowing into the city throughout such |
channels as may be most advanta-
geous, and to prevent the unnecessary |
waste Of water"
In section Of IAN Act Amend |
ing the Charters Of Incorporated |
Cities" approved Feb. %, 1875, |
city councils are given power
TO construct water works and res
ervoirs, lay water pipes. erect hyd- /
rants, and 10 keep the same in repair.
TO supply the said cities with water. /
and regulate, control and protect the
same. and for such purpose the City 1
Council Of any city shall have power
to levy and collec; 4 tax on real estate
in any district or division Of such city
specially benefited by any such i'm
provements. sufficient to defray the
expenses thereof"
Section l Of can Act TO Provide
for the Right Of Way for Canals for /
Salt Lake City," approved Febru-
AIRY 20, lss0, provides as follows:
''The corporation OF Salt lake City
is hereby empowered to supply its in
habitants with water, and for that
purpose to construct and maintain
such canals, bitches, fumes, dams,
and other means for pro-
Yiding, dIverting and conveying wafer
as may be necessary. although the
same may be or extend beyond the
corporate limits Of said city,"
The sixteenth and seventeenth
of Section l OF Article
" of the general municipal law,
which are applicable to this city,are
IS follows:
"Sixteenth-To control the water or
water courses leadingfo the city, and
o regulate and control the water
curses and mil privileges within the