The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-17

The controversy between the Big
Cottonwood Power company and the
residents in the neighborhood of Cot
tonwood canyon was again ventilated
at yesterdays session of the county
court, and resulted in temporary vic
tory at least for the power company.
The fight is settled as far as the county
court is concerned, but, as previously
predicted, the matter will now be ia
ken into the district courts for final
settlement.
When the court convened in the
morning the legal representatives of all
interested parties were on hand, appar-
emily eager to resume hostilities. An
opinion from County Attorney White
more Oh the question: Of Jurisdiction,
however acted as a damper on the
main proceedings, and the greater part
of the forenoon was consumed IN
wrangling on technicalities Mr.. Whit
temore in his opinion cited that the
county court must maintain all high
ways free from obstruction. The old
road had been in use by the people
for many years, and the people con-
tinued to use it until INSTRUCTED by the
power company, and unless for Such
Instructions the road would have con-
tinued to be in general use. The legis-
lature. he thought, did not intend to
vest in county courts the power to
take away from people against protest,
their right to use an old established
road, and the duty of the court under
the law was to keep the roads free
from obstruction. 1t any obstruction
had been placed in a public highway
by the power company the court mad
power to direct it's removal. The at
torney, however, thought the company
had a right to take "a portion or the
road under the law of eminent domain,
but it must do so in a regular man
ner, and any unauthorized seizure
should be effectively stopped. While
the attorneys continued discussing the
merits of the case and incidentally
making threats of further litigation
should the present tribunal rule against
their interests, the members OF the
court busted themselves drafting res
olution which was finally presented
and passed, Selectman Christophersen
The document IS as 1oi-
lows:
Tn the matter of the petition of the
Big Cottonwood Power company asking
the court to accept the new road from
a, point about ten rods above ana eX-
tending to a point about twenty rods
below the reservoir of sald company
and asking further that the old road
between said points, used prior TO the
of said new road De de-
claned of no further use to tine pupllc,
and that said old road be by this court
abandoned.
We recommend that the request
of the company be granted on condi-
tions that any defects or depresslons
that may appear. by settling or ouner
causes in the new road to be repaired
nv the said company, which also guar
antees that if any variation exists IN
the new road different from that
by the county surveyor
it will make the road to conform with
the surveyors communications. Inc
company shall further keep IN good
repair at their own expense the brldSe
across the Big Cottonwood creek at
the upper point of the new ROAD Tor
period of ten years.
The passage of the resolution set
tied the matter before the county
court. and all parties seemed salts
fed to have the matter come before
the district court.
Judge Judd appeared in behalf Of
the territory and made a formal de-
mand for a warrant on the county
treasurer for the sum of 81, 7l4.1O, the
proportion of territorial and the terri
torial school taxes due from redemp
ton for the years 1898 and 1894 A re-
quest was also made for warrant
of $4.039.96. due to the same munich
palities for taxes on property bought
in by the county that had not been
Both requests were refused, based
on the ruling of the supreme court
bhat the former county administration
had exceeded the limit of indebted
ness, and in appropriating the money
to the territory they had
incurred an illegal indebtedness.
These proceedings were simply a for
mality to bring the much disputed
question to a test in the higher courts.
Judge Mckay appeared and filed an
temized bill in the J. W. Farrell
claim. The voluminous document was
placed on file.
In the matter of alleged outrageous
charges on the part of the sheep in
;pectors. Attorney Whittemore handed |
n an opinion holding that it was the
luty of the inspector to inspect as
many herds of sheep in one day as
ne conveniently could If he was gull
" of charging fees in excess of the
egal limit. it was the duty of the |
county court which had appointed him
o look into the alleged irregularities.
ind if warranted by an investigation
'emove him.
1t will be remembered that complains |
we're made at the last session of the |
ourt that a deputy sheep inspector
lad refused to inspect more than one
lerd a day in order to pile up mile
ge to and from Draper, and in addi-
ion to that charge So per day for |
ach herd inspected.
Petitions for relief from a11a,re6 or
oneous tax sales We're received from
Albert Capson, Sarah C. Taylor and |
Henry Dinwoodey, and in each case re-
erred to the county attorney.
A request from County Clerk STAN
on for two probate court records was
cranted.
County Recorder Crismon asked to
lave a new long-dfstance telephone put (
n his office at an additional cost of +
20 per year. The matter was placed I
n the hands of the selectmen
A RETAIL liquor license was granted to [
:. c. Warenski of Murray, after which I
adjournment was taken for one week. I