Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-09-03
OGDEN, UTAH, SEPT g. 1904
DEFINING RIGHTS
Of IRRIGATION.
Important QUESTION Of the Duty
Of Water Determined By
Judge BurstG
BOARD or EDUCATION MEETS,
Lively llixup at North Ogden Con
creeatioualisls Again Without a
PASTOR Briefs and Personals

Judge Booth OF Provo has been In Og-
den during tho past week holding court
The case OF the Eden Irrigation COM
pony has been up before his honor
The suit was brought to secure a per-
manent restraining order, restraining
defendant from interfering with the
dam or water Of the plaintiff IN the
north fork Of the Ogden river
The case has been very complicated
one and considerable expert testimony
has been taken. The plaintiff Just
finished the giving Of their testimony
last evening. after which the defend.
anita moved for non-suit which was
not granted Tho hearing was contIn-
ued until Sept ~. -
The point which the plaintiff en-
deayored TO make Is that II take
It's water out Of the river a consld-
orable distance above where the de-
fendant does that though this water
Il taken out Of the main channel OF the
stream. II percolates back into the rlV-
or again before the place is reached
where the Plain City irrigators take
olt their water. and that the Plain
CIV lrrigators get Just az much or even
more water through this percoatlon
thau II the water should be left 10 run
down the main channel Of the north
fork and sink into the river bed as II
does A number Of the leading engin-
eers OF the west have substantiated
This point BY their testimony and mea-
surements they have taken The court
ordered that the water be permitted
10 run past the Eden irrigation COM
pany's dam down the main chanel for
perlod OF two weeks when II viii be
measured at the point OF the river
where the plain city company takes out
their canal. and compared with the
amount OF water at that point when the
Eden company's dam Is In the chan,
mel, the result Of this experiment WIN
have much to do with the decision or
the court IN the case.
$500 OR SONS FREEDOM.
Al the time when Jesse Y. Rockefel-
low was arrested on the charge OF per-
fury his bond was fixed at 5000, which
hls mother furnished, deposlting S2OO
with the county clerk. Later the court
released the defendant on his own rec
ognIzance, and II was agreed between
the attorneys in the case that the
amount of the bond be turned over to
defendant and his attorney George
Marsh. Jointly Yesterday afternoon,
however Mrs Rockeiellow appeared
before the court and demanded the
amount Of her bond refunded, claiming
that neither the defendant nor Attor-
ney Marsh had any right 10 Il, as the
money belonged 10 her personally. The
court instructed the woman that II she
would turn the defendant over to tho
custody Of the sheriff that she could
then have her bond money refunded,
and the mother IL now considering
whether 10 have the 5000 bond refund
ed or her son to have his liberty
LIVELY NORTH OGDEN MIXUP.
Deputy sheriffs Belnap and SebrIng
had long, dark trip out TO North Og-
den Thursday night for the purpose, as
they expected,of arresting young man
named Ferguson on the charge OF
striking an old man named Nlels Chris
Jensen over the head with a club.
Christensen appeared nj the sheriff's
office Thursday evening and reported
that he had been struck by Ferguson.
The officers, on arriving at the place
found, however. that the trouble had
been evidently free for all fight. The
Fergusons had rented house from
thFlgtanqap patttnO hin, fha rant Is, a a =
vance. Thursday, however, Chrlsten-
sen, Il Ia stated, asked the Fergusons
10 get out and locked the door Of their
chicken run, SO that the chickens roost-
ed In the trees When Ferguson re-
turned home In the evening. on finding
what Christensen had done, commenced
TO argue the matter with him, when he
claims Christensen started after him
WIN a knife, and he, to protect him
selt' struck Christensen with the pole.
ana Then Mrs. c. |. Grow struck him
over the head with bucket. The dep
uues' on learning the facts in the case,
told the men that II they wanted any
arrests made, they must get warrants
done. '''
TELEPHONES FOR CITY SCHOOLS.
me board OF education met in regular
MEETING last evening.
Inc following teachers were elected
on recommendation of the teachers
committee; Myrtle Blackwood. Andrew
\, Kerr, Ella Goss, Dora SNOW. Mrs.
lara Howard, Mrs, w. NJ. Meal. Pearl
uoodale Irene Tamasack. Marv Rob.
NV, Eva Moyes, Mary r. erik. Glen
5D,vuglass, Ethel Orth, Beatrice Farley
ne committee also reported that n
MlI make the assignment OF teachers
curing next week.
ne Rocky Mounaln Bell Telenhono
"hPehy proposed 20 the board thoi
VIII place a telephone In each ~ the
20 ' ~ Guy school buildings at cost OF
= per month, The phones to be used
olIy ior the board and teachers ~ tbs
senoois ana TO be attached 10 a sn.ciai
sWltch board to be Installed IN ,ha
wns ,o Ii education rooms, The matter
r taksn under adylsement. I'm, wIil
"p uogol be acted upon favorablv
W. ottinger asked the co-opers ,ior
" ,he board In helping 10 maya ~
,s.e art exhibit TO be given hero NJ
srrea :, a. success, which the board az.
o. ine treasurer reported cash rooat,..a
''''''S' cash paid out ,IglIs5. '''''u
WITHOUT A PASTOR