Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-07
HAVE NOT HAD THElRQU0TA
Csy Now Defending lis Ciaims-whsi
IL IA Cobtending For - Testimony
Nor Finished Cntil Friday.

tomorrow.
After the News report closed yes
terday afternoon, John Gabbott, Jo-
seph Powell, John L. Howells, James
Briggs and james Johnson, all being
farmers interested In the case. testified
as 70 the shortage Of water this wear
| and as 20 the damages TO ntcir crops
| by reason OF the same. THY all stat
| ed that their crops were not total fail
ures but were shorter thar az previous
| years
John v. Howel's was recalled this
| morning by plaintiffs attorneys and
| testified as to the damages to trees on
his land due to the lack Of irrlgating
water He said that some Of his
| fruit trees and shade trees were dying.
| His crop of cherries was smaller than
| usual this year and several OF his
| young poplar trees had died for want
| OF water.
A. +, Doremus, the non-partlsan
| member Of the board OF water commits
| sioners. was also recalled and stated
| that for about -four years he represent
| ed the city on the commission and had
| charge OF measuring the water to the
| farmers He said that he had never
measured the spring water as exchange
water To the farmers The first time
he knew OF the city doing so was this
season. Mr. Doremus also testified
that the springs had increased a great
deal In their flow.
Lorenzo Clark testified that he had
experienced shortage Of irrigation
water this season, and the effect upon
lN..l ia
per cent. All OF his crops had been
blighted and withered and his fruit
and shade trees had been greatly dam
aged The crops In his neighborhood,
he said, were all short this season
On cross.examination he said he did
not know the exact amount Of
water he was entitled TO this
season. but he knew that he was not
getting as much water this year az he
got last year or the year before and
by comparison he didn't think he was
getting his proportion. He said that
by observation he knew that there was
less water in the canal this season than
ever before Sllas G. Whitaker testified
In regard to his visit 10 the clty's IN
take in Parleys canyon on July 81,
when the delegation of farmers went up
there to retake the water Of the creek.
When they arrived up there. he said
that The whole stream was turned down
It's natural channel and remained so UNI
III about O'Clock, when Ii was turned
back into the conduit. ile said that ST.
perlntendent Hines and some policemen
were up there and that they ordered the
farmers of OF the citys property.
Willard X. Richards testified that he
had about 20 acres under cultivation.
He said that all OF HIS crops were dam
aged, and he estimated the shortage OF |
water az so per cent. and II such snort
age continued his crops would be great |
~ injured He said that he had lived |
on the creek since 1884, and that the /
springs In the creek were flowing az |
that time and the water was being used |
by the farmers. Most OF his land Is il. |
fruit trees. but he said that he had |
deprived his orchard OF water In order
20 supply his other crops
On cross examination ne stated that
none OF his fruit trees had died from
lack Of water and that they and
his lucern had suffered more than his
other crops from the shortage Of wa
ter
Amos Gabbott stated that his crops
had suffered great damage and that the
crops in his neighborhood had all suf-
fered he said however, that none OF his
fruit trees were injured by lack Of
water.
Clty Attorney Nye recalled John Cab
bot to inquire as to his authority TO
act as water commissioner. The wit
ness said that he was appointed
al meeting OF the farmers
held In 1891 and 1892. and had been
Inn 81 a,.I Al. !
another meeting OF the farmers, but. as
no objection had been made to his act
Ing as such commissioner, he had con-
tinued to do so to the present time
CITY OPENS CASE.
Land and Water Commissioner Fish.
er was the first witness called on behalf
OF the city. He testified as 10 meas
urements made al the weir on July 80.
lie was there all day and In the morn
ing the canal was very low so he or
dered part OF Parley's creek turned
down from the intake Supt. Hines
turned down 100000 gallons, but as
IL did not increase the flow Of the canal
he at the request Of witness, turned
down the entire flow OF the stream.
That did not increase the flow OF the
canal only about 900 gallons, 50
about 8 o'clock that evening the stream
was ordered turned back into the con-
duit Mr. Nye then asked for some
measurements Of the canal which made
IL necessary for the witness TO refer t.
the records OF his office so he was eX-
cused TO 20 after his books
The city attorney explained that he
wished % show by the witness that.
during the seasons there was plenty OF
water, the city had furnished the far
mers with more water than the con-
tract called for and they accepted II,
and although there has been shortages
during o number OF seasons there has
never been complaint until this year.
Hence he cOntended that by such ac-
tion on the part OF the farmers they
had practically agreed to take the full
quantity OF water when the city had It.
and TO DO with less when IL was impos-
sible for the city to furnish the full
amount.
Upon the objection Of Mr.. Sutherland
to any such testimony being introduced
Judge Molse ruled that the city would
not be allowed to show any such ar
II an express agreement
could be shown to that effect the court
ruled that such testimony would BE-
but otherwise II would not
During the absence Of Mr.. Fisher W.
[, a. Smoot was called 10 the stand
by the city attorney. He stated that
he had lived on his farm at Twelfth
South and Eleventh East streets since
1854 He testified positively that the
springs in the bed OF the creek aid
not exist in early days and that their
flow had Increased by one-half during
the past five years. He said that this
was the third year that he knew OF the
spring water being measured by the
city as exchange water. Recently Wit
ness he'd examined the nature and
character OF the soil had ex-
amir the irrigation bitches and
the cttDs. He found the soil moist, the
bitches pretty full and none o. the