Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-07
Case of Pleasant Grove VS.. Artemus
Holman Decided in Favor
Of the City,
DEATH OF JOSEPH HADFIELD.
Answer in Election Contest - Priest
hood Meeting Joseph Woods
Charged With Felony.
Special Correspondence.

cases OF Pleasant Grove city vs. Arte-
mus Holman submitted some time ago.
In the case involving the contention
regarding the control OF the water, the
decision Is that while the corporation
powers cannot be exercised outside OF
the corporate limits except in one or
two exceptions in regard to strict water
works, but the city may control tho
water by the consent Of the parties
as any other agent, and Pleasant Grove
city is given the right to control the
water to distribute it to the parties to
whom II belongs. The defendant to
pay costs and each party to pay its
own witnesses.
In the second case involving the ques-
ton of the water tax, the court holds
that the city has no taxing power, but
that Mr.. Holman is liable to pay for
maintaining the water system his pro-
portion equitably with other water
users IN farm lands irrigated under the
same system.
Plaintiff pays the costs and each
party its own witnesses
COURT NOTES.
A dissolution of partnership has been
granted in the case of George Werten-
burger VS. T.. NJ. OConnor, report of re-
| ceiver approved, and receiver discharg-
| ed.
Estate of Ann Mason, deceased; adj
ministrator authorized to erect monu-
ment and fence on cemetery lot to cost
not more than $l25,
JOSEPH HADFIELD DEAD.
Joseph Hadfied, for many years
| resident Of the Third ward, died last
| Saturday night at the age of 81 years.
| The deceased was a native of England,
| and came to Utah about 40 years ago,
and has resided in Provo since that
| time. He was an honorable and in
| dustrious man. Several relatives are left
| to mourn his departure. The funeral
| took place this afternoon from the
| Third ward Westinghouse.
THE ELECTION CONTEST.
James Gray, defendant and contestee
| in the Second ward election contest,
| has filed his answer in the Fourth dis
| trict court The answer claims that in
! stead of III votes being polled for de-
| PENDANT and 10 for his opponent, An
| drew Knudsen, defendant received liz
| votes and Andrew Knudsen i60 votes, Ii
| is further alleged that the judges of
| election failed 10 count a large number
| OF votes cast for defendant, and that II
| said votes had been properly counted
| and canvassed defendant would have
| had more than ISL votes cast for him.
| II is also alleged that two persons, l.,
| John INITIAL Of Salt Lake City, and
/ susa Cummings of Heber City, voted
| Illegally and that&their votes were
| counted for Knudsen. A recount Of the
| ballots is asked for and that the two
votes alleged to be illegal be not count
| ed for Knudsen, and the defendant
prays that he be declared the duly
| elected councilman from the Second
J ward for four years, The case will be
| heard tomorrow,
PRIESTHOOD MEETING.
The Priesthood meeting of the Utah
| Stake held Saturday was well attended.
| The meeting was addressed by Presi-
| dent David John and Counselors Keel
| er and Hobrook on number of timely
| topics--the settlement of tithing and
| other matters, that require attention
| with the close OF the year.
The following brethren were sustain
| ed for ordination as Elders; Paul MIL
| lett, Elwood Davis and Willis Ferre, all
| OF Timpanogos ward.
NEW WATER COMPANY.
Articles Of incorporation of the East
River Bottom Water company have
| been filed with the county clerk, The
| object of the corporation Is TO manage
the waters on the East side of Provo
| III 10 IA lands az tho in
| corporal tors, which lands lie below the
/ lands irrigated by the waters OF the
| Upper East Union canal and above the
| head of the Alfred Young ditch. The
| capital stock is sS,i55 divided into
| shares of the value OF $40 each. The
| officers and directors are! Fred Fergu-
! son. president, James Gillespie, vice
| president; John II, Stubbs, treasurer.
| ! Il. Booth John w. Brown, Peter
Royce, directors. George Boyee, seore-
| tury.
| JOS. WOODS CHARGED WITH FELL
ONY.
Joseph Woods OF Spanish Fork was
| taken before Justice Banks of that
| place saturday, charged with a felony.
| lie waived examination and was held
| To the Fourth district court In $500
| bonds,
ON Nov. &c, VIM. Stewart and Eva
| Holm (then rs years of age) both OF
| Spanish Fork, We're married and on the
| gSth Mrs. Stewart gave birth to child,
| greatly TO the surprise OF her husband
| and relatives. The inquiries which fol-
| lowed caused the arrest Of Woods, who,
| Mrs Stewart says Is the father Of the
| child He denies the charge.
ELKS MEMORIAL SERVICES,
The Elks' memorial services, held
| yesterday in the Opera house were
| attended by a large audience. The pro-
| gram published IN Saturdays News"
| was carried through with the exception
| of the address by Judge Powers, who
| was unable to attend. Farley =, Chris
| Jensen appeared IN place of Judge Pow
| ers and delivered a beautiful eulogy
| The poetic address by Prof Meakin
| was In that gentlemans best vein, and
| was greatly enjoyed, as were all the
| speeches and ceremonies. Beautiful
| vocal selections were rendered by Miss
| Clark and the other singers on the pro-
| gram
THERE is A DIFFERENCE
| It appears that two candidates for
| city marshal OF Fillmore received each
| an equal number of votes I'm the No
| yember election, and IN order to decide
which Of the two should hold the Office
! they threw dice for the office In the
| presence of the mayor and city record
| or. Peter Huntsman, the present city
| marshal, wrote to Atty. Houtz OF this
| city, requesting an opinion as to the le-
| gallty OF the proceeding, and probably,
| with view TO become informed wheth-
| or he should arrest the candidates for
| gambling,
| Mr. Houtz Informed Mr.. Huntsman
| that the method adopted to settle the
| election IL legal explaining az some
| length and with considerable satire
that throwing dice for an Office is not