The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-10
DELAY GIVES
WATER TO CITY
Injunction From Court in Farm
ers )" Favor imperative.
CITY MEN SHOW CRAFT
RELIEF IN SIGHT WILL ENABLE
RETAINING OF WATER.
CITY MEN SHOW CRAFT

L
flow of water from Parley's can
yOu for the pipe system The COM
planning farmers" who demonstrated
to Judge Morse that they are not get
ting the guaranteed quantity of canal
water from the city in exchange fer
their rights to the canyon stream are
doubtless wondering how much longer
they must wait before the relief
granted to them yesterday win be ef-
fective.
The control of the coveted stream
has been prolonged day after day to
avert such a possible water famine
The attorneys for the farmers have
been caught mapping at times, and even
efter the injunction was granted yes
terday morning fresh tactics were en-
plOyed to put of the evil day of cut
ting off the supply from the canyon.
Judge Morse's decision created no
surprise. for the city canal has failed
TO deliver an adequate flow 10 the
farmers of Sugar and Farmers wards
9s provided for in the exchange con-
tract. The courts decree was TO the
effect that the municipality must not
interfere with the NATURAL flow of Par
iey's creek, meaning that the city is
en5oined from taking any Of the canyon
water until such time as the city can
supply enough water from the canal.
Delay in Getting the Bond.
OF course the usual bond was exacted
before the injunction could be oper-
alive. The court fixed the amount of
indemnity at $4,000, and the plaintiffs
offered to become the sureties This
was objected to by City Attorney Nye,
who contended that the bond must
frslw~
1t was finally conceded that the Utah
Savings & Trust company might be-
come the surety. 1t was further stip-
ulated that as soon as the act of filing
the bond with the county clerk and it's
approval by him had been accom-
pliShed, Attorney Ray Van Colt, who
represented the complaining farmers,
would notify Superintendent Hines,
and this would be the service of the
restraining order.
Much TO the qualification of the city
officials. Attorney Van Colt could not
locate the officials of the surety COM
Pany to perfect the bond. and the hour
Of . o'clock came with no bond filed
with the county clerk. To add to the
embarrassment of the situation, the
city officials and the court clerks hied
themselves away to Lagoon to celebrate
Republican day.
necessary to locate Superintendent
Hines, the head Of the waterworks de-
partment was numbered among the
missing At midnight the tankman at
the Parley's conduit intake was wait
ing for orders from his superior, who,
according to the agreement, was the
man upon whom Attorney Van Colt is
10 serve the restraining order. The
canyon water was flowing through the
80 h.
two days, to supply the pipes and TO
refill the reservoir. There was every
promise at that late hour that the sit
uation would remain unchanged, at
least until this morning, and probably
until Monday morning.
Mutual Rights Intervene.
Another feature to the city's advan-
tage was injected as d side issue after
the Injunction had been ordered to is
sue against the city. 1t was the sub
mission of the fact 10 the court that
the state prison is entitled TO a stream
from the conduit 10 fill its four-inch
pipe, and that the Dudler homestead
is entitled by court decree TO a two
inch pipe flow. Those pipe openings
are far above the bottom OF the con-
duit, and before any water can pass
through them there must be a depth of
six inches of water in the conduit.
The court Informed Acting Governor
Hammond and Warden Dow. who had
presented the question TO Judge Morse.
that there was no intention to deprive
the prison of its share of Parley's creek
taken through the conduit, and as il
viii require all of the flow of the creek
to raise enough for the prison, il is not
likely that the unrestrained flow
through the conduit will fail to reach
the reservoir at >s<e head OF First South
street.
Viewed in its worst form. the in
junction against the city. when il be-
comes operative upon the filing and
OF the indemnity bond. can
remain in effect no longer than the
time when the canal furnishes the full
9 mount required to make an even ex-
ehange for the canyon waters. But for
the necessity Of pumping out the cof-
Ter dam and plugging up the leaks at
TIE pumping plant at the Utah lake
outlet, the big pumps would have been
started yesterday, but it is expected
that they will be in full operation
Monday morning In this event the
canal flow viii undoubtedly be in
creased to meet all demands within a
few hours after the pumps start.
Other relief will come next Friday
when the measurement of ParIey's
creek will be taken to establish the
basis OF exchange for the remainder OF
the season The new pipe line from the
conduit TO the spot where the ex-
change water is measured will save
the loss of water by seepage and evan
Grafton along the creek bed in the can
yon hollow whenever the creek flow is
turned dOurF1 tba ssfa