Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-11
THE DISTRICT COURT.
Todsys Business IN Chief Justice
AerriltS Department.
ACTION by THE U. p. RECEIVERS
They seek to Obtain an Irjuuelion In
Regard 10 a Certain Water
supply.

Chief Justice Merritiis taking things
quietly In tho Third district court,
while Associate Justice Barioh devotes
hl. Time to writing Supreme court
opinlons. The following were the
only mntiers that engaged Judge Mer.
rllt's attention todayi
DECREE OF FORECLOSURE.
In the case Of J. r. Baugham We. l..
II. Ross et nj, a decree Of foreclosure
wa, gran.ed, sl25 being allowed As
attorneys fee.
ovsRRuLED.
oliver Ames, second, OF al "a the
Union Pauinc Railway Go. Motion to
Intervene by II. w. Lawrence o, al,
having been previously argued, was
now ovofTuled.
aovEs FOR An GSJUNCuON.
The only case down for hearing on
today's list was that OF James sic.
Gregor ct al VI James Hansen and
Charles q. Johnson. Williams, Van
Cot aud Sutherland for the plaintins;
Peroe 4 Allen for the defendants. II
was on an order TO show cau,o why an
injunction should not Issue.
Part Of the property In the hands Of
the plsinud'., as receivers Of the UiAh
Central railroad, consists Of water
tank situated vt Deckor's station In
Patley's canyon, the same being used
for supplying water TO the locomotives.
such supply, Il Is set forth, ip obtained
through an iron pipe 1000 feet In
length, from n natural spring and out.
dow on tho mountain side near the
track. IL Ii then alleged that the do.
PENDANTS have uDlawiully anu ma.
liclously interrupted anu diverted this
water and thereby prevented plain
tbs from supplying the engines,
by reason Of which proceeding
they state they are unable b haul
more than OBe-hali the number
Of cars with n locomotive over the road
that they formerly diu. IL IL also In.
sisted that the Geiendants have been
thereby guilty Of n contempt OF tue
authority OF the court by which the
receivers were appointed. Defendants,
they saga wholly insOlveut aud are
unable 10 respond In damages for the
lUss sustained by plaintiff, but threat
en- 10 continue their uulaw al acts.
Wherefore II L. prayed that defendants,
their agents aud employees, bo re-
strained from further Interference with
tho property.
La Tho course OF n lengthy answer
the defendants deny that tue supply OF
water through said pipe is necessary
10 enable plaintiff 10 operate their
railway Rnd that by reason OF their
cutting OIL such supply they pTc
unable TO haul more than one
halt the required number OF
ears with a locomotive over the road.
1t Ia alleged that for macy years prior
10 the erection oftho wafer tank by the
railway company, or tho laying OF the
iron pipe, the defendants Hansen aud
johnson were the owners In the quiet
and pesoeAble possession OF the lode
mining claim known as the "Golden
Faith" The claim ~ situated In
PaTley'a canyon, tho discovery Bhatt
being about 1900 feet southwestsTly
from the water tank, anu defendants
declare that II tho injunction prayed
Tor were granted they would not only
be wrougfilly deprived OF their right
TO the exclusive p0ssessiOn of all the
surface included within the lines OF
tue said mining location, but also be
Murdered from the proper development
and working OF the claim. No work,
they say, can be done upon the shaft nj
Any time without interfering with the
iibw ut water IN the pipe. IL
Il prayed therefore that the plaintiffs
DO prevented from interfering with
defendants In their exclusive posses
hlon and enjoyment OF the claim.
The hearing Il proceeding this after.
noon, n number OF witnesses having
been already examined.
A PRISONER FOR MANTI.
Deputy Marshal Fowler, Of Provo,
arrived In the city this morning ara
left Tor Mantl this afternoon with Sam
Young, who has been confined In the
penitentlary for some time past await.
Ing his trial on charge Of assault with
deadly weapon At Westwhter. Ac-
c0rding 10 present arrangement, tue
prisoner viii be tried tomorrow before
Judge Smith.
Deputy Marshal Fowler states that
the remittitur la the case Of Enoch
Davis, the Yernal wife murderer, has
not yet been received from the clerk OF
the Territorial Supreme court, hut that
no soon as II reaohes Judge Smlth his
honor will direct that tue prisoner be-
brought before him-tl hear the death
sentence pronounced for the third land
N.Fuhul lNf