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

Ogden. July 10-The water commits
sion and its attorneys have been down
to business the past week and late
tonight the complaint against the
Bear Lake and River Irrigation and
Ogden Waterworks company was filed
by Richards & Mcmillan & Pratt and
H. II. Henderson. The complaint is
quite lengthy and the issues raised
! will undoubtedly determine the rights
of the city and the company. 1t will
be observed that the validity of the
contract or franchise of the company
! is attacked and whenever referred 10
it is mentioned as a pretended con-
tract
The title of the action is Ogden City
vs.. the Bear Lake and River Water
works and Irrigation company, a cor
poration; Bear River Irrigation and
Ogden WaterwOrks company, a cor
poration; Samuel c. Jarvis and Roland
| +. Conklin.
The preliminary matter goes to set
ting forth the organization of the city
and the company and states that the
suit is brought by direction of the city
/ council and mayor.
THE PRETENDED CONTRACT"
The complaint then recites the max
ing of the pretended contract sub
stantially as follows:
That on or about the 6th day of August,
| 1859. John R. Boutwell,. in his own behalf
and acting for defendants Samuel NJ Jar
| Wis and Roland Conklin. as the promoters
of said defendant Bear Lake & River
I WacelworlIs and Irrigation company, and
/ +. j. kiesel. as mayor OF plaintiff. Ogden
CITY, pretending 10 act for and on behalf
OF. said plaintiff. Ogden City, entered into
| d pretended cOnNIact in writing. bearing
dahe on said day, by the terms of waich.
in consideration OF the rights. privileges
and f1ancltSes therein. pretended and at
temT ed 10 be SfanCed to said Boutwell,
and his assigns. namely. the right 90 fur
| n.Sh water 10 said city OF OSuen, and 10
its inhabitants. and the use OF its Streets
for the purpose of laying water pipes to
convey the same. and the agreement on
the pant Of sa1d F. J. Kiesel. mayor. pre-
tenui ng and attempting 10 act on behalf
OF said city, to lease 10 said Boutwell,
w-EnoGJ any consideration other than 81
per annu5n, all the water right then
owned by said city, for the full time thaE
said BCshweH or his assigns should fur
nlSh water through water system TO be
constructed by said Boutwell, or his as
Signs and be put in operation on or be-
fore one year from date of said pref ended
conrIacs, the said John R. BotiwSe1 COW
Granted. promised and agreed to and with
the said f. j. Kiesel, mayor, as follows:
ID That Bear river should Immediately
be diverted by said Boutwell, and his as
through which il flows from Cache vai-
ley into Salt lake valley, and all the wa
ters thereof distributed by a complete
system Of canals and lateral bitches over
TIE arid lands lying in THIS valley north
of Ogden. and also one branch thereof
flowing from the Hot Springs and ex-
tending through Weber county 10 point
on Ogden river about Fdrr : wooden mill.
and THAI the diversion should be complete
and the waters ready for use on the
lands within its territory on or before
July l, 1890.
OBLIGATIONS OF THE COMPANY.
The complaint then recites the differ
ent things which the company was
obligated to do. Namely, supply an
abundant and ample supply of water
TO the city and citizens; supply all
fire hydrants: construct a frst-clasS
distributing system for that para of
Ogden City lying above Pierce avenue
and in connection with Waterfall car
yon. That it would begin work i'm
mediately on the delivery of the con-
tract.
1t was also provided that the rates
and rentals charged by John R. Both
we'll and his assigns should not exceed
the attached schedule set out in 'ex-
hibit A. for city purposes and should
not exceed so per cent of the rates to
other consumers then existing. and in
three years thereafter there should be
a further reduction of 10 per cent in
such rates. and in six years thereafter,
there should be another reduction OF
10 per cent from such rates
NOT AUTHORIZED BY CONTRACT
That no ordinance. resolution. rule or
regulation was ever passed by said
city council granting TO the said Both
well or his assigns the rights, privi-
leges or. franchises or any thereof, pre-
tended and attempted to be granted by
a4rs
authorizing the making of said contract
or any part thereof by or through the
said mayor or anyone else and said
plaintiff city never. at any time.
; granted TO said Boutwell, or to anyone
the rights. privileges or franchises or
any thereof pretended 10 be granted by
: said pretended contract
The complaint then recites the organ
ization of the Bear Lake & River
! Waterworks & Irrigation company for
the purpose of supplying water to Og-
, den City The capital was 81. 900.
/, and John f. Boutwell, subscribed to
co. 96 of the q 900 shares of stock. he
turning over 10 the company the pre-
, tended contract with the city Prior
! TO October "A. 1880, the plaintiff was
the owner OF a large portion of the
waters of Ogden river. StrOng's and
Waterfall Canyon creeks, and main
tanned and controlled complete sys-
tenn or WaterWOrkS anu luIHiSiiec the
: inhabitants with an ample supply Of
, water. In the year 1889 the income de-
: rived by the city from this source was
$500 and 1T is alleged that tolls are
now worth $4,000 per annum-
1t is alleged that on October "a. 1890.
the ogden city council turned over this
water system to defendant company
without any consideration whatever.
r such transfer being subject to the
5 terms and stiDulations of the pre-
$ rended contract" with Boutwell,. I'm
c nediately thereafter the defendant.
without right or authority, took pos
p -, 81 +1,a vrafer system and have