The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-30

! other points on the road, but the Prove
canyon route was the most PRACTICABLE
one Some work has been done in th'
canyon, but none prior to last year
When the survey was first made i
was considered necessary TO go on tn,
north side of the river, but afterwards
Mr. Baxter saw fit TO go to the south
side. Either side would answer tn.
purpose, but the south side is prefer.
able"
The map showing the change wa.
submitted to Mr.. Browns perusal
winch shows the change to have beer
made Dec. 81
Minor changes were made before
fling in the land Office as evidence Of
the survey.
Q.-Could your line be run higher VI
the mountain?
At is possible, but not practicable
Q--You could run on top of the
mountain?
Ayes, if we had money enough.
Mr.. Harkness-What would be the re-
suit of carrying this line further ur
the mountain?
Att would cost considerably more
and would be higher grade, making
it less feasible.
Brown-When simmered down, it is
matter of cost, is it not?
Al suppose so.
AA~fC you any INSTRUCTIONS as 10
building a road up Provo canyon?
A.-Yes, sir, / believe 1 have. There
is correspondence in my office on that
subject.
done?
A.-On the land in dispute. There is
only few hundred feet of grade.
Harkness-What is your present
grade?
A-TU-o ,,a,. cont
Q--Were you proceeding with the
construction of the road when you did
the grading there?
A--Yes, sir; but were INTERRUPTED
and were given instructions to stop.
| notified Manager Dodge that we had
been enjoined, and he gave instruc-
tons to stop work.
Brown-Why don't you begin here at
Provo and go ahead building the road.
and not make a bluff at it?
Al haven't been so instructed.
Witness stated that they were inter
fered with While changing the channel
OF the river by the defendant. and this
stopped the work 1t would be a 8 $40
per cent grade if the company built on
the side of the mountain. The differ
ence in altitude between Provo and
charleston is 900 feet-the distance %
miles. From Provo canyon the differ
ence in altitude is sos feet, and the dis
lance Is miles.
Mr.. Brown attempted to prove that a
per cent grade would bring the road
over 100 feet from the bottom of the
canyon, but the witness showed direct
ascents which would make short
grades a considerably higher per cent.
engineer Baxter gave testimony rela-
i've TO his reasons for changing the
route from the north to the south side
70
10 avoid possible SnoW-slides and also
changing the county road. The witness
Identified the map showing the change,
which map was submitted as evidence
descriptions were given of the
work that had been done in the way of
grading in the canyon. THE first piece
was commenced about 300 feet north
east OF Hanging Rock, and the channel
change was made near the same point.
The work was done by Deal Bros, of
Springville: don't know what the con-
tract calls for" This witness went over
some of the ground covered by Mr..
Yard
S. J. Morris. another engineer of the
Rio Grande Western railway, worked
in connection with Mr.. Baxter in sur
veying the line through the canyon He
had charge Of the grading, which was
done at points indicated by former wit
nesses. His work ceased in August,
1896, when they came in conflict with
he power company people. Mr.
Kramer chief engineer of the power
company, made the interruption, COM
ng upon them and stopping the horses.
striking one of them with whip and
elling them they were upon the power
'ompanyS property. Several attempts
we're made to resume work but thew
we're stopped each time and told if
hey continued some one would be hurt !
Witness therefore concluded to quit /
work until they We're further in |
tructed. At another time this same |
Kramer stopped their work and said |
about using a shotgun as a |
means of effecting a discontinuance. |
Afterwards Judge King came UP and |
ldVised them to stop work. as he was |
prepared to stop them. The Judge did /
lot signify exactly the means ne would |
lse in so doing. but at any rate the !
work stopped and the facts were re- |
ported to Mr. Yard. No more work /
vas done at this place, but some one |
lad attempted to cover the excavation. !
n all 500 or 700 feet of grade was made. |
'esides 300 or 400 feet of channel |
hanged, and a similar distance of |
wagon road. About Is men were en-
,loyed in the work from July 10 until /
bout Oct. 1. A standard gauge road I
vas beng built. Our work was done
within the 200 feet limit of the railway
urVey and was on the Murphy claim
Carrie Binder VS.. George c. Binder;
ivorce granted by default Mrs. Bind
r was restored to her maiden name,
'arrie Peterson. The grounds for di-
orce were cruelty and failure to pro-
ide. The parties have been residing
[ Lehi, but Binder is now in Salt
AXE.
Suit has been commenced in the
'ourth district court by Matte f. Mel
on Vogel against Gus A. Widmark
nd Anna A. Widmark to recover $500
nd interest, alleged to be due on a
romissory note. This note is secured
Y q mortgage on certain real estate
/ Provo.
Adjourned until 10 a. m.
NOTES.
Colonel D. c. Dodge, Superintendent
:. f. Welby and party sidetracked car
and at Provo this evening. They
re evidently here on business con-
ected with the Provo canyon suit.
A note from Judge Marshall. stating
} the district court. Cut off all debate
n that point.
Stephen A. Bailey OF Telluride was
ltered as counsel for the defendants.
Mahara's Minstrel company gave a
ashing parade today and performed
the opera house this evening. They
ad good house and gave a satisfac-
Dry performance.
Funeral services were held today
YER the remains of the infant son of
{. NJ. Warner. which died last evening.
Loader and Heron of Pleasant Grove
i'll have hearing tomorrow on a
large of stealing chickens
Ino Rinlrc Ut Nnt |