The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-11

The transfer of stock from Bothwel
and Jarvis and the execution to thi
Jarvis Conklin Trust company of ;
mortgage on all the property. right.
and franchises of the company, ar
then set forth. The mortgage. which
was fer $4,000 was foreciosed. anC
the property sold by order OF the court
being purchased by Thomas ]. Fian-
nelly, on behalf of Jarvis and COnklin
! The Bear River Irrigation & Og-
den Waterworks company was then
organized, with capital OF
g. 400, 000 and ,-this company has
ever since its Incorporation operated
and controlled the said water system
and furnished water 10 the inhabitants
tolls therefor in excess of the rates
/ provided by said pretended contract,
| but has wholly failed and refused to
! divert the waters of said Bear river
I from its channel or di.tribute the same
or any part thereof to any point in or
/ about ogden or upon said ogden river
] or upon the lands lying Immediately
north and adjoining said city; it has
( also failed and refused to construct a
conduit from any point in said Ogden
canyon of sufficient size 10 convey the
flow of said ogden river
On Jan. /. 1895, it is alleged. the
company executed a mortgage upon all
OF lis property to Jarvis and Conklin to
secure the payment of bonds to the
amount of 81. 100000.
Plaintiff further alleges that said
rights. privileges and franchises pre-
tended to be granted to said John r.
Boutwell, and his assigns, and the sub
sequent attempted lease of said water
rights and water system to said Bear
Lake and River Waterworks and Irri
cation company were procured by said
I 81
land p. Conklin, acting through said
John r. Boutwell, and others, and I'M
der the cloak of said corporation. the
bonds and stock of which have been
at all times since the Incorporation of
said first company owned and con-
trolled by said Jarvis and Conklin,
and while there has been an apparent
transfer of said rights, privileges and
franchises and the water right of said
mentioned corporation, and from said
corporation to the defendant Bear
River Irrigation and Ogden Water
works company, in truth and in fact
the same have been at all said times
owned by and controlled and operated
in the interest of and for the use and
benefit of said Samuel NJ. Jarvis and
Roland r. Conklin.
SURRENDER DEMANDED.
It is then set forth that the city has
demanded from the defendant a sur
render of the said water rights and
system and that they have refused to
so surrender them.
judgment is therefore prayed as fol-
lows:
l. That it be determined by the de-
cree of this court that said plaintiff is
the owner of and entitled TO the pos
session of said waterworks and sys-
TEN, as changed and reconstructed by
said defendants, and to the use of all
the waters of said Ogden river and
Strong and Waterfall canyon creeks,
now being conveyed and distributed !
through the same, and that said de- |
and each of them. have not |
any right, title or interest therein or
in any part thereof
.. That said defendant, the Bear /
River Irrigation and Ogden Water /
works company. be required by said /
decree to surrender TO said plaintiff I
the possession. operation and control |
Of the same and every part thereof;
and that said defendants, and each of |
them. their attorneys. officers. agents I
and servants be restrained and en-
Joined from thereafter interfering with
plaintiffs possession, operation and
control of said waterworks and sys-
EN-, and that they be restrained and
.njoineG from in any manner inter-
ering with or diverting said waters
IT any part thereof from said water
system or from plaintiffs use, opera
ion or control, and that said defend
lnts, and each of them. their attor-
leys, officers, agents and servants, and
.ach of them, be enjoined from there
lfter collecting or attempting to col
ect from the inhabitants of said city
II any person using said water any
oils or rents for the use of the same.