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

The trial of the much talked-of and
very important case of Ogden City VS..
the Bear Lake & River Waterworks &
Irrigation company, the Bear River
Irrigation & Ogden Waterworks COM
pany, S. NJ. Jarvis and r. R. Conklln,
was begun in this city yesterday be-
! fore Judge Hiles in the equity division
of the Third district court. Messrs, E..
M. Allison. C. C. Richards. ]. H. Mac
MILAN and C. C. Dey represented the
plaintiff, and for the defendants ap-
! peared Messrs. L. r. Rogers, A. Howat,
| J. n. Kimball and E. G. Vaughan.
The case properly belonged TO the
Second judicial district, but owing. to
the feeling which existed in Ogden in
regard to the case a change Of venue
was had upon the application of the
defendants. 1t was proposed that Judge
Hiles would sit in ogden to try the case
so as to save the expense of bringing
so many witnesses and attorneys TO
Salt Lake but the defendants insisted
on the change of venue being carried
out to the very letter, hence the trial
/ is being held here.
STATEMENT OF THE CASE.
It appears from the record in this
case that on July 16, 1884, the Ogden
Waterworks company assigned and con-
veyed TO Ogden City, Utah. for the con-
sderation of s74. $3.50 and for the further
consideration that the latter assumed all
the liabilities of the former, all the water
rights. rights of way, pipes. hydrants and
all Instruments used for the purpose of
diVerting and distributing water owned
and used by such company, and belonging
to or connected with its water system;
that the City of Ogden took possession of
such water rights and system, and re-
paifSd improved and extended the same,
and established by ordinance, water
rates.
1t appears further that on Aug. 6. 1889.
a contract was entered into between
ogden City and one John r. Boutwell,, by
the right to furnish water to the city and
it's inhabitants. and the use of its streets
for the purpose of laying water pipes for
the water system described. Inc &con-
That upon the completion and opera
ton of the system within the time deS-
ignated. and in consideration of the bene-
fits secured, the city would lease to him
for the full time that said Boutwell,. or
assigns. should furnish water through the
system for municipal purposes, the water |
right owned by it, for an annual rent
That within one year from the date |
hereof he or his assigns Will have In |
operation a complete distributive water |
habitantS a plentiful and ample supply or
water, suitable for domestic purposes.
continuously, from the mountains inn
mediatelv east, and as a part OF said !
system will have completed on said date |
a conduit commencing in Ogden canyon, |
at a sufficient elevation and made of size
sufficient TO convey the now OF OgueR
river. and terminating at the mouth OF
the canyon, and from the terminus there /
of a supply main, or mains, of sufficient |.
to convey an abundance OF wa
ter for all purposes as contemplated by |
this contract to the intersection of
Pierce avenue and Twenty-fifth streets,
and from thence the distribution shall be
by f1rSt-claSS iron pipes upon the streets
to be approved by the city council. and
will extend the same as fast as adjoining
property owners produce revenue equaling
per cent cost of the extensions.
And il was provided that the grantee
should furnish 200 gallons per day per
capita. and the city was given the
right at any time at its option to purchase
the entire distributive system emanating
from the mouth of the conduit. at the
original cost of construction. and may pay
'or the same in cash or in per cent bonds
Of the city, provided they be legal and
valid.
In case of the purchase of the dis
-ributive system, as set out in section .,
hen the city shall have the right, at
is option, to also purchase from the
said John r. Boutwell,, or assigns, all
)r such portion of the water of Ogden
liver as she shall elect at price to be
established arbitration
The rights and obligations of Boutwell,
lnder the contract were transferred to the
Bear Lake & River Waterworks & Irri-
ration company, defendant, and were by
t transferred to the Bear River Irriga-
ion & Ogden Waterworks company; and
he latter company before the comm snce- |
nent of this suit expanding more than J
267, so in substituting its new system ,
or the old one, and in extending i'm /,
rowing and repairing such waterworks ! !
nd distributory system, and that it has {
ecaived something like 500, 800 annually l
n rents for water distributed and deliv-
red.
After the corporate defendants had
cen in possession under the contract
lantioned from October. 1890. the plaintiff /,
led its bill in chancery against the de-
endants on July TO- 1897. in which it set |
p the above facts. with others, and
sked the court TO find and decree the =
laintiff to be the owner of the entire q
-ater system, and to require the Bear S
liver Irrigation & Ogden Waterworks .
omDany to deliver the same to the !,
laintiff and to enjoin them from col :
.cting any water rents from persons l
sing the water through the system and 6
1r an accounting for rents collected. n
GROUNDS OF THE PRAYER.
The decree was asked on the ground
lat the city of Ogden did not possess
lie power to convey its waterworkS and +
ater system to John r. Boutwell, or any v
the defendants, or to lease its water n
ghts; that the use of its waterworks ! .
nd water right had been dedicated to q
lie public. A decree was also asked in l
use the contract should be held valid on 4
le further ground that defendants T