Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-04-25
Says He Proposes to be Guided by
The Opinion of City Attorney
TALK WITH A. NJ. CANNON.
latter Asks some Pertinent questions
How They Are Replied lo-TeAi
OF The Unsigned Agreement

and Mayor Ezra Thompson at the OF
flee Of the latter. The subject was IN
proposed agreement between be eit'
and the canal companies as it relates u
the Installation OF q pumping plant OF
the shores OF the Utah lake and whici
proposition has been formally advised
against by city Attorney Nye'
The matter was brought squarely be-
fore The mayor by Mr.. Cannon who
called attention to the fact that the
directors Of the East Jordan Irrigation
company: the directors Of the Utah and
Salt Lake Canal company; and the d.
rectors OF the South Jordan Canal COM
pany had all authorized their presi-
dents and secretaries on the advice Of
three OF the leading legal firms of the
city. TO sign the agreement TO each pay
20 the city the sum Of slS75 as soon
as the latter had ratified the same.
In presenting the matter Mr.. Can
non entered upon complete review OF
the situation and made point OF the
fact that early action on the part Of
the city was necessary IN the premises;
that the pumping plant should be pur-
chased and Installed without mo-
inents Unnecessary delay in order that
the people whose right II was to have
and use the water, might not suffer
a repetition OF last summers losses.
He said he would not be so urgent In
the mAtter but for the fact that there
was so much at stake. Personally he
had not the least fear that assent on
the part Of the city vas unlawful. as
the preponderance Of legal learning was
against the city attorney and In IA
vor Of the proposition favored BY the
council and canal companies. Besides
the moral equities OF the case and the
practices OF the past were In opposition
70 the ground taken by Mr. Nye: and
BY the mayor IN his yetoes.
In answer to that Mayor THOMPSON
said that he proposed to stand where
he had stood from the beginning. CITY
Attorney Nye had held that the agree
ment was Illegal under the Constitl-
ZION OF the state, and that was sufl-
Gent reason for him not TO append
MS signature TO the document. HItb-
erto he had refused to sign II and he
saw no reason at this time TO change
his mind.
Mr. Cannon argued that the invest
meht made by the city In filing upon |
water IN The Utah lake IS inches below |
ioW wafer mark and In making claim |
% the right 10 store water five feet |
3poVe compromise point could be OF no |
adVanlage TO the city and that an la
Dor expended by 1t In ayalling itself !
V' TINS appropriation would be wasted |
unless there was a reversal of the pres-
eht order of procedure. and that il /
would take 25O900 al least TO perfect /
i's clalin TO use the water Is inches be-
low low water mark by the system OF
ureuglhg and channel shortening. IN
we Jordan River. This item ne |
lhought should receive serious consid- |
eratl0n IN view o. the straitened fin
aloes OF the city, II for no other cause.
mayor thompson replied that ne
would be only too glad to see the CON
uoVersy taken into the courts I'm n
manner that II might be settled for
goou ana all, and 10 the interest Of all
concerned. But he made no sugges-
non as 20 how that should be done
MT cannon said the simplest wav 10
nave The matter get into the courts
would be for the Mayor to sign the
agreement on behalf Of the city and
tcelVe from the canal companies the
sum OF S5,63b which could be made
AVAILABLE for the pumping plant inn
hediately II some interested prop
'rly owner felt that he was being in
ured he could apply for a writ OF IN
JUNCTION. The city had absolutely
lothing 10 lose In the matter. Mean
while the people could go on with the
work OF protecting themselves against
recurrence OF last years awful
routh which caused Salt Lake county
lone TO lose at least quarter of
million dollars.
At this Juncture OF the dlscussion
lily Attorney Nye came In and was
lierrogated by Mr. Cannon. In brief
hat Official but reafirmed the position
. had taken In his opinion and the
layof his Intention to stand on the
ny attorneys argument. come what
ilSht He positively would not sign
ne agreement
The full text % the document has
OF yet appeared IN print and inasnnch !
II has attracted such widespread in ,
rest the News reproduces Il entire.
Is as follows:
THE UNSIGNED AGREEMENT. d
This agIeemnt. made The day !
April a. D.. 1902. between Salt
axe city, a municipal corporation I'm y.
le county OF SAT- Lake State OF y
IAN party OF the first part. and The n
lah ana SAT- Lake Canal company, n
'iporatl0n, the South Jordan Canal y,
'mpany a corporation, and the East =,
'rdan irrigation company. corpor- =,
Ion all organized under the laws Of ~
lah' and having their principal places =,
business In SAT- Lake county, par. =.
p OF the second part wiinesseth: y,
ihai. whereas, on the 18th day OF "
Ihuary A. D., 1896 a notice OF water Y
preparation was posted for Salt %
IKE city. municipal corporation. "
IA Ezra Thompson, mayor OF said "
" for the use and benefit Of the city y
ID us inhabitants by which ID was W
tended TO appropriate all OF the un- =,
and surplus waters flow. 1l
Z INTO arising from and flowing ont ~
Jiah lake and the Jordan river y
th their natural sources Of supply. ~
: the purpose Of storing said water ll'
ltah lake. 10 the extent Of filling
% lake as a reservoir. and maintain.
( the same TO a height Of five 80
q above the present compromise lev .
and on the Goth day OF January A
. 1900. another notice was posted by In
ID parties by which Il was intended gr
acquire the right TO stralghton and ~,
edge The channel Of Jordan river SO ~
~ us bed would have uniform W
ade as near as may BE- between the va
'e and the head Of the East Jordan
nal, The dredging 10 be Of such depth IN
would enable the appropriations 10 wl
llze aud draw % through said canal I'm,
and one-half dia) feet Of water pu
nm said lake below the present low ap
ter level which is three f2, feet. hi
zee and one-haf (2l) inches below
npromise point and TO appropriate mn
q water. and ss
Whereas. the said salt Lake CITY has 10
eady extended the sum OF seven
lusand. hye hundred s7.50O dollars Wi
making said water approximations. bv
luding surveys, and rurchasing land MI
connection herewith and stlll said
lropriauors are incomplete and IL m
i require much larger expenditure on
means TO perfect and develop said IN
ter rights than the present financial III