Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-22
Judge Stewart Gives Judgment in
David B, Brinton Suit.
FINDS FOR THE DEFENDANT
Holds That cattle Must Not be Driven
Up the Canyon TO the Jeopardy
Of Public Health.

Judge Stewart this morning rem
deryd a decision in the case Of David
q. Brn,on ct al. against Salt Lake
CITY The opinion is lengthy and CONF
prchensiye This was case which
concerned the befoul.ng of Parley's
canyon and is Of vital Importance to
residents of salt Lake city as well as
stockmen
On June lst 1900. Deputy Phineas
Young acting under the orders Of Land
and Water Commissioner Westerheld
stopped f1rty-oight head Of neat cattle
which We're being driven up parley's
canyon by one OF the drovers Of David
Is. Brnton, to pasturage owned by him
IN Summit county The cattle had to
he taken by a circuitous rote over what
is known as the Emigration trail which
took twice as long and Is not consid-
cred as good road for small herds.
Mr. Brinton retaliated against this per-
emptory action by bringing suit against
the city for $50 damages.
An ordinance was passed by the city
Council on September 26th, 1899. pro-
hibiting the pollution Of Parey's Creek.
For twenty years prior % this date 1t
had been the custom to use the Parley's
canyon road for all purpose, including
the driving Of cattle sheep horses and
noes. on lhe iolloWlus oSh ,,,,,'o ~ w
Council passed another ordinance max
ING the matter more deillle ~ plu
hlDlhht eh'rely lne utlIhB 3t luNso
STOCK III ,he CdH!uH Nl'Illi ul7's,i'J h,
OF ten mics FROM Wheie Tue "a'e' -
taken IoI use ll tny city' .,.. .,...., ,,,,.
Juuge o'sHaIS i,o''lS Il, LIE N o.,,, ''' he
eNcrehlehe II"UI l"o9S SeO S '.,,' a,tt,,ed
lHhen tale W. o"V D.ins .,,.l,, a.
among lhe pus Ht9 VI Wv 49,"
Maturity peluu'' we "aui ,,' ~, H.
yer IS deleleIl1uS "I'H matN w -,
hapll'nls ol lhe IVY iuy ~ ,o,.,,,e,
Al Ieasonapie n'u '9s'i ~ 4r,,',,,, NJ
LOT ,it INV IN V,''u,'' '''S iar,o 'ciitea
stpt@'' ro,i ,,,',,ra,,,d and sUstnirsd
s,.uulu os ,t.,, .I" LII, oof .orp.
CHuS' nuuC' ~ i|,oh teoS XIV Councils
plleu i","s ,,.,terv,n,l,s o.itbout thn
n'nS Ipl IN ordsr IN maiutsin
1890. ,h,sa IRON, infury ard he
anu Polu.t rin in1 t,riyItciIop shall
Waur iio,n pJ 1l ,,1r,,D,y oSc,olsF hy
eAltiu st,,,,.,,,',, snd he resorynlrs
SVg1 1 etc used for the
ult0nes' "a ,,ointsnance M the
suppiy "a strso,n ar source Of
sun, en- aistarre NJ Ten miles
Malei Will ,rhicb such water Ia
!Ipil 'h' p0'''' ~
la F1n .,,tu.tNs contend that the
ine 'a'n ratarrod IN giyes the CITY
sL''ute u'',S - cortroi the stream.
the t,sil on,S w. oynrcise h1rtediction
dIlu tao' , ~ NJ conane the opera.
W. Wv a'ia nt,,,o 20 tbe strpan only
ll "l, ~ ,a'9 lii. n,ate Tho statute In.
Woulu " ~ ,So cur, docs not com
r ', ~ ".' ,,. ,,,,, tbe snirit and In
SUI C"%l ~ fon,s,otnro From tho eyi.
t'nl % ''.c 80, ,,at the etraom runs
usuVe It h "pp i,u.sst Ia isvoI ,brough the
o,3ns aa5 tho ,,o tural drainaee is to.
Uuul w. gu" ,n,l Ne creet ana az the
, HHtus ,'"q ~ oiaso nrovi,rit,J IN The
nlhL""s ,t uortion 81 the wny
.LecN " NH, limit and
w '1su hoi,s nom the highway
tHe VI, "I''as q, +, fatr ~ conclude
n.u NJ ~, oa,tr"t said highway
el'' -, ,orr,torv sn far as Is nee.
a..u '., StuJp'v ,ro.erya the stream and wa
80 go w. avn, noi,,tion is vested in