The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-10
PROVO PARAGRAPHS.
Proceedings in the Big Water Suit
The Case of DOwner-A Suit
Against Salt Lake-GeneraI Notes.


Provo, Feb. 9.-The attorneys in the
big water case We're in consultation all
day yesterday, and at o'clock last
evening Judge King opened court and
heard the attorneys as to the agree
ments entered into. An arbitration
board was appointed-one from each
city, Salt Lake, Ogden and Provo
to report to the court on April 10, when
the case will be heard on all points not
agreed upon and decided by the arbi-
tration committee.
The following stipulationS were then
presented and agreed to by both sides:
TT is hereby stipulated and agreed
by and between the parties TO this &C
ton that an injunction shall be issued
as prayed for in the complaint against
all the defendants, except, (here fol-
lows number of names of the de-
PENDANTS eXcepted), and that question
as to the right Of said defendants
above excepted, not including George
Peay, to damages and the amount
thereof shall be referred to Joseph Z.
Taylor, of Salt Lake city; Amos D.
Holloway, Of Provo city. and l.. W.
Shurtliff, of Ogden city, to report to
the court, and on confirmation Of said
report by said referees or a majority
of them, and satisfaction by the plain
tiffs of any damages found against
them therein, the plaintiffs shall be
entitled to said injunction as prayed
for in the complaint against said eX-
cepted defendants, provided that the
foregoing stipulations to refer does not
include George T. Peay."
George T. Peay's damage case is now
pending on appeal in the supreme
court of Utah.
All claimants are to present their
, claims, if there be any, to the referees
within fifteen days from date.
The only point Of controversy that
has not yet been agreed upon is as to
the amount of plank to be allowed in
the bottom of the PLAINTIFFS dam at the
mouth of the lake.
The plaintiffs claim that they have
removed natural distractions from the
! bottom of the dam sufficient to hold
water back the same as twenty-five
| inches of plan kwould do. And, there
fore, plaintiffs claim the right to have
the twenty-five inches of plank in the
bottom of the DAM This, however, is
denied by the defendants, and will,
therefore, be settled in court, which
will take up the case again on the 10Th
day of April next.
{
the defendants who have not answered,
and those who have been excepted are
those who have not answered and en-
gagged the attorneys and fought the in
1 junction proceedings.
| A short session Of court was held
! this morning, when the Buckley VS..
/ Provo City case was again called up
There is some technical law points yet
to be passed upon, which will be done
on Monday next. His honor, Judge
! King, taking the matter under advise
1nent until that time.
In the case before Justice Stout, OF
! Nephi, of John r. Downer, who was
charged with assault with intent to dc
bodily harm, the prosecution withdrew
the charge with the understanding thai
a plea of guilty of simple assault and
I battery should be entered. This was
agreed to by the defense and fine OF
SIS was imposed.
Richard Norman has commenced suit
against Salt Lake city, the South Jor-
/ dan Canal company ct al. for $4,000 as
! damages sustained through the dam.
ing up of Utah lake and causing water
to overflow and running lands of plain
tiff.
R. S. Hines VS.. James T. Liddard Ell
al; decree of foreclosure for $3.50 an6
costs and attorneys fees.
The case against Veach was contin.
ued to Monday, Feb. IL, at 10 o'clock.
Mrs. Harriet Sawyer, wife of JOSEPH
Sawyer, of the Second ward, died yes
terday at 11:30 The funeral will bt
held Monday at o'clock from the Sec
ond ward assembly rooms.
Marriage licenses We're issued today
as follows Clarence o. Hanson, aged
60, to Mary Johanna Poulson, aged SO
of Spanish Fork, and William B. Hig
ginson, aged 81, to Thea o. Gunder
son, aged y. of Santaquin.