Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-19
The WAR IN COURT.
ut,l Phase Of Hostile DsmonSIra'
lions In the Park.
,uronEscESrys THE SILVER KING
,.,,,,tpInr order Is,ued-An Atlach'
msnt suit-Owen Under Bonds
"A Dismissal.

pa
s.,,ng fled q suit In the Third dis
,,,, Today, asking that tbs silver
~, bs restrained by Injunction, ana
mat Il nay the Crescent 10000 dam
..,. Zane q Zane and Marshall q
po,lo are attorneys for plaintiff. The
I,,pte IA over tho right to the waters
=, Tbnyne,s or Shadow Lake, In
,r,,ynes ca nyon, nesr Park City, and
The Jeanette tunnel which runs
,h.,s,p. and also the Aetna, Hecln,
Rebellion, tSlimAG, James a. Garfield,
s,,.te. Walker, Walker Extension,
so,ipg. and Pinto mining elaine, all
In summit county.
Astothe water tight, the Crescent
s,mpany asserts that It appropriated
and owns all tue water Of Thayno's or
shadow Lake, with the stream run.
ming from the Josnnette tunnel into
the lake, except such Ms wss nppropri-
slrd ior agricultural purposes prior to
the Cresoenps appropriation; that the
,ompauy built dam at the outlet Of
.he axe Tor the purpose Of raising the
Waitfs anu increasing the supply, aud
made reservoir. which took into lie
Ia.lu all the natural sources OF supply Of
f6e laEs aud also the stream from the
tunnel, subject to the righta Of the
,iflcuiiuflsls referred 10, and that the
use Of such wnter IL necessary to the
working Of the Crescent property.
Then az TO the cause OF action the
Cfetcrnt brings ~ the trouble VI last
SUNDAY, July IL, when n ccnsldefable
display OF armed force was made by
the paftius. The complainant asretu
tbst"on or about the AN day Of July,
1885, the said defendant, anu Ito man
AGES and Hgenis, servants and en-.
pI0yss, unlawfully sud without right,
with force and violence, with n strong
force Of armed men, entered upon the
snti miniug claims VI said plaintiff,
tENnst Its will and consent anu
tIptess protest, and after oyerpoWer-
iuE circumstances Of violence and
terror, the eaid employees dug n trench
over and acfots the said claims named
above a. the Helca, the lanes A.
GARFIELD, the Climax, the senate aud
the Walker anu Walker Eztes sion,
aud also across tho said Spring aud
Pinto mining claims, to the outlet OF
said lake, aud laid pipe line therein,
aud by means OF said pipe liue, with
violence, with said force OF armed
men, aud unlAwfully anu wrongfully,
It'd begin to divert the waters Of said
lake and to iOfcibly deprive plaintiff
Of It's rights anu Ownership therein ~
Its great anu irreparable damage"
For this action the Crescent com.
pAny asks $500 damages.
Toe complaint thSn goes on to say
that IN the fail Of tho year 1894 the
silver King unlawfully laid trench
from the lake without the knowledge
ana against the will Of the Crescent
company, by which secret action tho
Crescent IL damaged to the extent OF
1850.
IL IL alleged that the Silver King
company, by force and violence, con-
tnuos 10 maintain Its trench anu pipe
lIur, and by reason thereof the Cres-
cent already has suffered damage 10
the sum Of s., 900.
AuoIher cause Of action In stated TO
he that on July liIh, the Silver KiUg
company" with force and violence and
wiIh large force Of men" entered
up0n the mining claims named, aad
laid u pipe line alter ovorDowerlng tho
Crescent men, aud with such "iorce Of
armed men patr0lled said pipe line
wIongiully aud unlawfully," thereby
Damaging the Crescent to the amount
Of $1,000.
Upon this statement tho Crescent
tsks for $1,000 damages and costs OF
sur Tor \ TesITainiBg order against the
silver King taking the water referred
10 or entering upon the claims and
property namedi and that pending the
hearing Of the case, the Silver King
men DO restrained from their present
action Of maintaining possession.
Al the filing OF this complaint, Judge
Merritt granted tho temporary restrain.
Ing order, setting August 3rd rs the
date when the Silver King company
10 10 come into court to present It's
sue Of the case, At to whether or not
lhe lniunclicn shall continue.
ATTACHMENT SUIT.
The NeldeI.Judson Drug company
also entered suit against George n.
wright, OF George L., Wright a Co.,
Tor !6js.bO, balance alleged to We Que
upon bill OF t3,s6B.2s, for medicine
putchased from the plaintiff, between
~ " eAA " AoNus hh aNhANhNlunA was
also asked for and issued. the ground
being set up that Mr.. Wright chad
assigned, disposed Of, and concealed
certain OF his property" with intent 20
delTaud his creditors.
UNDER BONDS.
Henry Owen, who was arrested at
IollluHlou,i Box Elder county, as stated
10 the NEWS, was before u. y. Com
missioner Pratt todsy, the charge
against him being the theft OF "a bi-
cycle. lilo was placed under $500
DGnds TO appear Tor trial tomorrow
afternoon.
DISMISSED THE LOT.
In a dispute about some property In.
letesls, MrF. =. Nj. Free had Mics
sidney Davis and three others arrested
on charge Of conspiracy. The Gaze
came up before u. 5. Commissioner
horfls sommer today, but there were
no officials present to prosecute u, Ga
.he commissioner discharged the ac-
euted parties.
-e