Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-08-05


to control and manage the canal system
mentioned and that this latter company
In turn, became bankrupt and was
placed In the hands OF receiver; also
that during the transactions mentioned,
the lien of William Garland was pushed
TO a successful issue In the courts, m
Guiding the supreme court of the Unit
cd States. ana that the canal system
was sold TO the Bear River Water COM
pany aud by the latter to The Utah
Sugar company, the present owner, I'M
der foreclosure Of Mr.. Garlands lien,
During the tendency Of Mr., Garlands
foreclosure suit, the several companies
and their receivers above mentioned,
under the conviction that the lien would
subsequently be satisfied and dis
charged. sold water TO hundreds OF
farmers having lands under the canal
The decree of foreclosure ordered the
sale If the entire canal system includ-
ing its water rights; under this state
of facts the purchases by the farmers
from the companies mentioned were
void and their contracts We're without
value as being subsequent 10 the lien.
Under a contract between the Corlnne
Mn, Canal and Stock company, now
known as the Bear River Land. Orchard
and Beet Sugar company and the first
of the companies above mentioned,
wherein the latter agreed 10 furnish wa
ter and the former land for sale TO
farmers multitude of contracts were
entered into with settlers in the valley
Under which the latter believed
they had secured a perpetual water
right Upon foreclosure of the lien these
contracts were also rendered nugatory;
this failure has led 70 important litiga-
ton between the contracting companies
AS q result of these complications,
the farmers nave been uncertain as 70
theralue OF their water rights and 1t has
been impossible for them TO handle
their property freely because Of their
inability to guarantee their water titles.
The Utah Sugar company, DESTROYS
of terminating this unfortunate and In
furious condition Of affairs, made TO al
parties concerned, about 80 days since,
an offer of compromise, under which
all of the farmers Of the valley would
receive contract for perpetual water
right. This offer has been accepted by
MIR William NJ. Bradley the receiver,
and by the bondholders and trustees Of
the Bear River Irrigation and ogden
Waterworks company, and also by the
Farmers Protective association of Box
elder county Nothing remained to ef-
fectuate this compromise except the
confirmation Of the federal court made
this morning.
The fact that this makes all water
titles in the valley good, settles all dis
putes and secures to the farmers a per-
petual water right free from the lien
of any bond, under a contract with a
company whose directors and manage
ment are all home people acquainted
with the needs Of the farmers and in
sympathy with them, renders this com
promise one Of the most important and
congratulatOry incidents In the history
of irrigation In Utah.
incidentally, the compromise viii
Mace IN the Golfers Of the Utah Suga
company $4,000 In cash. This IS an as
get Of the company. which hid never
been carrlod upon its hooks md viii
hCure I'm the years operation as r. clea
gain The compromise wiz not relurt
the furnishing OF one gallon OF water
more than the company has heretofore
been supplying, since the Utah Sugar
company and it, predecessor company
have been delivering TO the farmers
from year TO year the amount Of water
for which they originally contracted, II
is also stated by officials Of the COM
pany that the annual rentals Of the
company VIII not be diminished by
reason Of this compromise inasmuch as
the prices heretofore charged have
been Identical with the prices 10 be
charged under the new contracts to be
Issued by the Utah Sugar company
Gentlemen who are familiar with con-
ditions In BoXelder county state that
the attitude Of the Utah Susar company
toward the farmers from the inception
Of its ownership Of the Bear River
canal until the present time, and als)
toward the bondholders OF the old
company. who have lost so much money
In this enterprise. has been marked by
exceptional generosity and is worthy OF
the highest commendati0n; the farm
ers appreciate this fact and the repre-
scntatlves Of the bondho'ders are un-
stInted IN their praise OF the liberalty
OF the Sugar company.
The attorney acting for the hondhol1-
ers IN the matter is Frank J. r. Nit
chell, representing Jno. G. Carlisle,
chairman Of the reorganization COM
mlttee. Mr. Mitchell has been laboring
for some months TO close up the deal,
w. II. Rowe acting for the Utah Sugar
Mr.. Rowe made an the o'd
deals with the farmers and Is naturally
much gratlhed with the favorable out
come.