Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-06
equity This they have not done
s,coming hack TO my original star

equity. This they have not done
'COming back TO my original stale-
ment viii say IN eonp'uslunn;;
that court by injunction VIZ
not take property from the hah1s
defendant and put It in the hahuS VI
the nlnintff That Is what they als
t,ylnp 10 do In this case ihtleau "
coming in and asking Tor oamhseH
hIch Is the proper method. con
tend mar the complaint Is ihsunlclep,t,
I'D tho demurrer should be sustaiheu,
Attorney sutherland In answer s'a.-
al that under the agreement OF *
ot,ange M set out In the complalht,.he
Nfe IN The water does not change Ine
n,atrtiffs merely agree to use eXchahse
p,oter ca long as the city lives UP "
to- AGREEMENT. because the right 70 lhe
,,ator has not passed from plaintlhs'
"srhe attorney for defendant salo
Az Sutherland. speaks as though lhe
subject matter Of this sun was ,,Se,f
rel of -four A body OF water VT, s
Is not subject TO possession, pus M 20
the right TO use II ana lne t.snt
have II flow In a certain uil ny, ,,,e
Plaintiffs are not seeking 10 lanv h,,t
alter which the cityhas IN ils pipes,ve'
seek TO prevent defendant from nv. ~
ing water which they have the iis"' ~
use. A.
oNow In regard to irreparable Dam
oeas THE complaint says there are
96o farmers who have growing crops
emit trees etc. on their lands con-
,end that the damages to the same can
nj me comnuted and hence they are IT.
ME The contractlf exchange says
rbat after u hours notice the farmers
con retake the waters without any az
zion AZ law. Such notice was serVeu VI,
ne civ but. by It's police force anu
other armed men, II prevented tnc
farmers from taking possessloil o''Ioe
that date the city has wrongiully re,
NAMED in the continuous usage a
nossession of the water. Such POSSES :
! sion in time would ripen INTO rIsh,
and title to the water, hence coilehu
Nat snoh wrongful possession Is SUD
iect of Injunction. think that the IN
| junction should be granted
AFTER n few remarks inlreply by the
| city attorney. Judge Morse Staten ,u o5
he would oyerrule the demurrer enu
would hear the evidence m the l'a 49,
Land and Water Commissioner rl9n
er was the first witness CALEB py ptalu'
H0s He testified that John Gaeoott
A. +. Doremus and himself composeo
the board of commissioners VINO meas
ured Inc creek and decided on me
amount of water to be furnished the
farmers. He said that on July z lhey
agreed on S.S0O.O00 gallons per day ~
The quantity 10 be furnished ny ~,
| clty ont of the canal until Aug TO- VI,
date of the next apportionment' vi
| INV ne said the canal measured
q 900 600 gallons at one weir' lSSuuo d,
the second weir and l'sJO'OOo galons q,
The third weir, making a total OF aDou'
4 600 900 gallons furnished TO the Iarln.
ers an that date. Down to July II tilal
! omonnt Increased somewhat, On JulS
| ne II went down to i,OOOOW gallons
INV % and p II was 5,229.OOO gallons
| from the 22nd to the 2Sth 1t was fVvv,'
O0O. ON the 29th the canal was FURNISH
ing only 100000 gallons per day lhert
| was no increase from that date 10 Wv
time tbe action was commenced, not
withstanding the fact that on jury ols,
| the entire flow Of Pareys creek Wa'
turned down and measured OUT 10 ln'
| farmers. and ever since that time one,
! half Of the stream has been turned
down. such a condition ne SAID Wa'
/. due to evaporation and waste OF watel
nm its way down the stream from th'
mouth of the canyon. Mr.. Fisher Wa'
under cross examination by CITY ~
torney Nye when q recess was takei
until this afternoon at o'clock