Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-12
ANOTHER CITY
WATER CASE.
Supreme Court Again Makes Find
Ing Against Municipality
LOWER COURT is AFFIRMED
Opinion by Bar,eh aud Conferred Ia
By Miner Haskin Dissents-Ab-
strsos of opinion.

The Supreme court has rendered It's
decision IN the case Of the Salt Lake
City Water and Electrical Power COM
pany and Joseph Geoghogan receiver
vs. salt Lake city ana Amanda Cannon,
affirming the action Of the lover court
In allowing plaintiff to connect their
fume with the clty's canal, upon fur
nlshlng bond In the sum Of 5000.
pending the determination of the con
domination proceedings brought by them
against the city The power company
Instituted condemnation proceedings TO
condemn the right 10 make connection
win the city canal for the purpose Of
dlschargng the water, after use by the
power company, through hume across
the river into thte canal opposite the
e0mphny's power plant The company
asked permission 10 construct the hume
ana connect II with the canal pending
The condemnation proceedings, ana the
court entered an order permitting the
company to 0ccupy the citys premises
and make connections OF the Dune with
the canal upon lillngs bond In thte sum
Of 5000
This order Of the court the petitioners,
Salt Lake City ct al, seek TO have re-
viewed by means OF the writ Of cer-
tlorarl claiming that the court acted
beyond It's jurisdiction and that the
taking possession Of the petitioners
property before a decree OF condcmna-
ton was rendered Is In violation Of Sec
ton 22, article / OF the constitution
which reads Private property shall
not be taken or damaged for public use
without Just compensation"
The opinion, which In written by JUS
tlce Bartch and concurred in by chief
Justice Miner, holds that the court bq-
low was acting entirely Within It's juris-
diction In making the order and that
the order Itself is not In violation OF the
constitution In that provision is made
FOR compensation In the bond Itself, and
II IL not necessary that compensation
should precede occupancy Of the prem
ises sought to be condemned.
The court therefore affirmed the ac-
ton OF the court below.
JUSTICE BASKIN DIssENTs
Justice Baskin, In his dissenting obin-
lon, makes lengthy review OF the case
and holds that the court below exceeds
ed It's jurisdiction IN making the order
referred to and that the act which pro-
vides for the occupancy Of the defend
ants property before the condemnation
proceedings are determined and q judg.
ment Is rendered condomnlng the pro-
perty IS unconstitutional.
PLEADED GUILTY.
John Kelly who plead guilty to the
hsf nj "a 40 ava
fenced by Judge Stewart, to three
months Imprisonment in the county
JAIL
Fred Klenke and Ed Parker plead not
guilty 20 the three charges Of burglary
made against them. Klenke entered The
same plea TO the charge OF housebreak-
ing entered against him.
COMPLAINT FILED,
A complaint was filed I'm the Dis
trlct court today In the case OF the
Trent Engineering and Machinery com-
pany w the White star on company,
The suit was brought to recover
siS2,7i for a 2O.horse power boiler pur-
chased Of plaintiff According TO a stip-
ulation filed at the same time judgment
was entered In favor Of plaintiff for
$780, 80. $500 Of the original amount sued
for having been paid
DIVORCE GRANTED.
Judge Hall today granted DEGREES OF
divorce In favor OF plaintiffs In the cases
Of b. II. Smith We Lottle NJ Smith and
j. j. Mckee VS. Hattie NJ Mckee,
SUBMITTED ON BRIEFS.
In the supreme court today the case
Of John Harter ct al, VS., +. A, Soren-
son, was submitted upon the briefs Of
the attorneys The case OF Edward
Whipple vs. William preece was ar
gued and submitted as was also the
case Of +. II. Fisk vs., G.. Allie Fisk.
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10 CURE GRIP IN TWO DAYS.