The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-20

feited by a refusal or failure to comply
with the contract set forth.
On Jan. 4, 1898, about six months after
commencing the action, the plaintiff en-
tered a motion in the case for the ap-
pointment of a receiver of the entire
water system and the business, with
lect water rates, and to transact all the
business thereof. A receiver was asked
for on the ground that the plaintiff had
an interest in the waterworks and its
business, and that such interest would be
in danger of being lost or greatly i'm
paired unless a receiver should be ap-
pointed, and that the defendants were in
solvent. Affidavits were read to the court
and other evidence was heard in support
or the motion and against 1t, and inSol-
vency of the defendants was denied.
After hearing the motion upon the affi-
granted an order or decree appointing
receiver of the entire water system
and the business thereof, with directions
to take possession, and the receiver took
possession, under the decree.
WHAT THE SUPREME COURT DE-
CIDED.
An appeal to the supreme court was
taken from the order appointing the re-
celVer, and that tribunal, on March &c,
rescinded the order of the district court,
and restored the property to the pos
session of the defendants
The opinion also held tn t the con-
tract under which Ogde. City Trans
ferred its waterworks to John r. 10th
we'll, the predecessor in interest of these
defendants, is void, because it was
made without special statutory power
being conferred on the city authorities
to so dispose of the waterworks.
The opinion was written by Chief
Justice Zane, and concurred in by Jus
tees Bartch and Miner, as to the null
ffying of the order appointing a re-
ceiver, but on the point of the validity
OF the contract to sell and the transfer
OF the property, Justice Bartch ex-
pressed no opinion, while Justice Miner
held that that question was not before
the court on appeal from the order ap-
pointing the receiver, and that decis-
ion thereon should be withheld until
after the final hearing of the case on
its merits
In the opinion it is indicated that al
though the sale to Boutwell, is void, the
city would only be entitled to the pos
session of so much of the system as
existed when the transfer was made to
Boutwell,, and that the defendants have
an interest in it to the extent of the
additions and improvements which
they made, and which they claim to
have cost, with the additional water
rights, about $500, 000 but such rights. !
the opinion said, can be more salts !
factorily determined in the light of all
the evidence upon the final trial
JOB PINGREE THE FIRST WIT
NESS.
At the hearing which opened yester-
day, ex-Superintendent of Waterworks |
JOB P1ngree was the first witness call
ed. He was examined by Mr.. Allison,
With reference to the magnitude of the
system of Ogden, in exist
ence before its sale to the predecessors
in interest of the defendants. with a
view of showing that it was u valuable
system, productive of a large revenue
to, the city, and gave the people good
service
Mr.. Pingree was then taken in hand
on cross-examination by Mr.. Rogers.
VINO, apparently much against the will
IL the witness, made it appear that the
supply of water prior to the sale of the
system was inadequate to the wants
)f the city; that it was a poor system,
IND that the defendants had greatly en-
arged IL, and in every way improved il
ioing away with the old wooden pines
md putting in iron pipes On a modern
Iian. and also obtaining additional
water rights, making bitches and ca
lais, and increasing the supply, at great
expense to themselves.
The cross examination of Mr. Pin
;ree was concluded about 4:S0 O'Clock.
ind the witness was being asked fur
her questions in redirect examina-
ion, when court adjourned until $40
o'clock this morning