The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-28

erS.
The petition of the defendants in the
case of Ogden City against the Bear
River & Lake Irrigation company q
Ogden City Water Works, asking that
the case remain in the United States
district court to where it was trans
ferred from the state court, was given
a hearing last night before Judge
Marshall.
The petition was asked for or the
grounds of local prejudice against the
company at ogden, and the claim that
the Ogden Standard had been SUP
sidized by the city council of Ogden
to cartoon and attack the defendants.
Most of the evidence was in the form
of ahidaVits from q large number OF
citizens but a. few witnesses were al
lowed by the court to testify in re-
buttal
The witnesses examined were Mayor
Spencer, H. H. Spencer, W. ii. Rowe,
and William GlaSmann. Testimony
was given by Mr.. Rowe to the effect
that early last evening [. l.. Clark OF
Ogden informed him that he had
signed his affidavit without reading 1t
carefully and on the supposition that
it was to be used on behalf of the irri-
cation company. This statement was
confirmed by the testimony of Mr..
Glasmann.
Attorneys C. C. Dey and C. c. Rich
ards argued the case for the plaintiff,
and Attorney David Evans represented
the Irrigation company AT the con-
clusion of the arguments, the court
took the matter under Amusement I'M
til today.
WARM AFFIDAVITS.
An affidavit subscribed to by Mayor
H. H. Spencer and Councilmen H. c.
Wardleigh, e. M. Conroy, l. N. Pierce,
G.. w. Jones, Richard Hill, Miles L.
Jones, T. E. Browning, S. p. Ash and
c. H. Greenwich denies the allegations
made in an affidavit of W. Fl. Rowe
and others in support of the defend
ants motion that the case be tried in
the federal court. 1t is denied that
the defendants cannot have fair
( trial in the state court on account of
local prejudice; denied that the mayor
or city council subsidized the Ogden
Standard or other papers to prejudice
the defendants case and in fact every
material allegation of the Rowe af
fidavit is denied. 1t is particularly
! secured the services of MessrS. G. @.
Richards and j. H. Macmillan as
counsel on account Of their political in
! fluence in the state or for any other
reason than because it was deemed
necessary for the city attorney to have
some assistance on account of the great
/ political influence and standing of the
firm of Evans & Rogers of counsel for
/ the defendants.
ALLEGE POLITICAL INFLUENCE.
In this connectiongthe atlantis allege
| that David Evans of the above firm in
1891, was elected and served as coun-
cilor from Weber county in the legis-
lative assembly of Utah. In 1894 Mr..
Evans was elected a delegate from
| Weber county to the constitutional
] convention of Utah. In 1895 he was
nominated by the Democratic party
for state senator. In 1896 he was sent
as delegate from Utah to the Demo-
cratic national convention. In 1896 he
| was appointed president of the state
school for the deaf and blind. Mr..
| Rogers served a term as trustee of Une
state reform school, is now a member
of the Republican national committee,
and a leading candidate for United
| States attorney of Utah. The firm of
Evans & Rogers are attorneys for the
| First National bank, Eccles Lumber
company, Street Car company, Bear
River Irrigation & ogden Water Works
!
company, Hooper Irrigation company
| Wilson Irrigation company, ogden
Bench Canal company Jarvis & Conk-
lin, and many other influential corpora
lions, merchants, farmers and business
men. That c. c. Richards does not
| hold any political office whatever, and
that j. II. Macmillan has never been
prominent in politics during his nine
years residence in Utah.
/ 1t IS denied that either of said at
torneys We're hired for their political
| influence, or for the purpose of engen-
dering a feeling of prejudice against
said defendants with the courts of the
state or with other people in any man
ner whatever, or at all. And in this
connection the atlantis allege that by
reason oe defendants connection in
tits city they have strong and infuen-
tial friends; that one of it's trustees is
| David Eccles. 2 very wealthy and in
fucntia! man, who is president of the
! First National bank of Ogden, presi-
dent o. the Eccles Lumber company;
president of the Oregon Lumber com
pany, of Ogden; president of The Ogden
Sugar company, and of the Grand
Opera House company of Ogden; that
john Watson is also q trustee of de-
PENDANT, and is also a very influential
| man of Ogden City, and IS at present
manager of lions Cooperative Mer-
camille Institution, of Ogden, director
of the Utah Loan 81 Trust company, of
Ogden, and of the Eccles Lumber COM
pany, Of ogden; and N. c. Flygare is
at present the superintendent of the
Street Car company of Ogden, and a
director OF the Utah Loan 81 Trust
company, EcCleS Lumber company, of
Ogden, ard a prominent churchman;
that W. i. Rowe, who is the superin-
tendent OF defendant at the present
time, is the eX-assistant superiuten-
dent of the Zion's Cooperative Mer-
camille Institution, of Salt Lake City,
and for a long time has been, and yet
IS a very prominent and smooth poll
tician all over the state Of Utah.
EVANS CONSENTED.
Mayor Hiram Fl. Spencer deposed
that about Dee. 10, Hon. David Evans,
of counsel for defendants, stated that
he would guarantee that the appear
ance of Jarvis & Conlllin would be en-
tered il this action in person, if the
city would consent to a continuance,
and would consent to the trial of the
cause in the Second district court some
time during January, 1885,
SATISFIED WITH ROLAPP.
Another affidavit of j. H. Macmillan,
Charles G. Richards, Daniel Hamer and
Francis Higginbotham, jr, sets out
that while Judge Rolapp was presiding
in the Second district court on Dec s
last, statements were heard regarding
the urODriatV of REQUESTING eOrna dis