The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-20

and to set an earlier date than August
for the hearing of the injunction.
Zane &, Zane and Marshall & ROyle
are the attorneys for the plaintiff and
6he complaint in substance sets up that
the Crescent Mining company is the
owner of the Aetna, Hecla- Rebellion,
James A. Garfield. Senate, Climax,
Walker, Walker Extension and numer-
Gus other mining claims in Thayne's
canyon, Uintah district, and that it is
operating the same and concentrating
the ore in the Crescent concentration
and requires large quantities of water
to conduct the opera tons of its mines,
mill, boarding house. etc. That the
plaintiff on August Il. 1886, and prior
thereto. used unapprOpriated water
from Thayne's canyon and owns ali
the water of Thayne's or Shadow lake,
with the stream running from the
Jeanette tunnel into the lake, except
such as was appropriated for agricul-
tural purposes prior to the CreScent'S
appropriation; that the company built
dam at the outlet of the lake for
the purpose Of raising the waters and
increasing the supply, and made a
reservoir, which took into its basin all
the natural sources of supply of the
lake and also the stream from the tun-
nei. subject to the rights of the agri-
culturists referred to, laid a pipe line,
and that the use of water is necessary
TO the working of the Crescent pro-
perry.
First Cause of Action.
Then as to the cause of action the
Crescent brings up the trouble of last
Sunday, July IA, when a considerable
display of armed force was made by
the parties. The complainant asserts
that "oa or about the 14th day of July.
1895, the said defendant, and it's man
ayers and agents, servants and en-
ployees, unlawfully and without right
with force and violence, with a strong
force OF armed men, entered upon the
said mining claims of said plaintiff.
against its will and consent and ex-
press protest, and after overpOwering
circumstances of violence and terror,
the said employees dug a trench over
and across the said claims named
above as the Hecla, the James A. Gar
field, the Climax, the Senate and the
Walker and Walker Extension, and
also across the said Spring and Pinto
mining claims, to the outlet of said
lake, and laid a pipe line therein, and
by means of said pipe line, with VIC
lence, with said force of armed men.
and unlawfully and wrOngfully, did
begin to divert the waters of said lake
and to forcibly deprive plaintiff of its
rights and ownership therein to its
great and irreparable damage
For this action the Crescent COM
pany asks $500 damages
Second Cause of Action.
The complaint then goes on to say
that in the fall of the year 1894 the
Silver King unlawfully laid a. trench
and pipe to the mouth of the Aetna
tunnel and connected said pipe with
plaintiffs pipe and used plaintiffs
water, without the knowledge and
against the will of the Crescent com
pany, by which secret action the Cres-
cent is damaged to the extent of 81 500
1t is alleged that the Silver King
company, by force and violence. con
tinues TO maintain its trench and pipe
line. and by reason thereof the Cres- I
cent already has suffered damage to /
the sum of $4,000.
Third Cause of Action.
A third cause of action is stated to
be that on July Il. the Silver King
company. with force and violence and /
with a large force of men, entered 1
upon the mining claims named, and 4
laid a pipe line after overpOwering the /
Crescent men. and with such force of
armed men patrolled said pipe line /
wronsfully and unlawfully.' thereby /
damaging the Crescent to the amount I
CT $4,000.
Upon this statement the Crescent |
asks for $4,000 damages and costs of I
suit; for a restraining order against /
the Silver King taking the water re- /
ferred to or entering upon the claims
and property named; and that pending
the hearing of the case, the Silver
Kink men be restrained from their
present action of maintaining possess
sion.