Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-15
ARGUE LEGALITY
Of BOND ISSUE,
Suit Instituted by George E, Eller,
beck Heard by the Supreme
Court,
ClTY'S OWNERSHIP OF WATER.
PlalnIin's Attorneys Contend That
Same Must be Absolute Before
Bonds Arc Legal,

Tho supreme court today heard ar.
Rnmen,s IN tho bond cnso instituted by
George ", Iillsrbock against Salt Lake
'lty ana lte officials 60 prohibit the
Issuance and sale " the special issue ~
water aud sewer bonds In tho sum oi
ShOOOOOO voted by the people Of this
1ily ON Jan ,, The action was brought
~ a friendly suit Ia test the legality Of
TIC bond issue, Ailys stephens and
smith argued the case IN behalf Of Mr.
hllcrbcck and rity ATTY Dcy and Atty
y + Richards represented the city,
Nhon the arguments were concluded
ne matter was taken ndylscmont by
me court and II IN expected that an
carly decision win be rendered
Tho principal point raised By the at.
lornoys was IN regard to the owner.
Snip OF the Wntcr which the city WIN
ACQUIRE with the bond money, Atty,
stephens contendod that IN order that
he bond money may be Legally used
me city must have the absolute title
To the waters proposed to be- secured
ana not merely a right Of exchange
WIN me farmers who own the original
llRhls' The rIghl Of exchange he ar.
gbod " too uncertain u contingency
aud II the city should fan To Furnish The
necessary exchange water then Il would
lose all of the Blg Cottonwood, Llitlo
Cottonwood and Min Creek waters and
llo entire amount expended upon the
System would be lost ANA the system
Mtnld be worthless, The purpose for
winch TIE bonds were issued would then
illl ana the bonds would be Illegal
ABSOLUTE OWNERSHIP.
IN order that an excess issue Of bonds
may be legally made he c0nlondod that
the city must, according % the con.
hlllnllon be the absolute owner of both
lls water system and water rights In
ms Gaze he said the city does not or
VIII not acquire such title 10 tho
waters as N contemplated by the con,
hlllullon, MI Stoph ,ns also commended
lDat The city must carry out rs plan az
submitted 10 the people Other.
Nisc the bond issue would bo
Illegal II II decides to waive It's right
ol condemnation OF the Utah Light
hhd railway company power rIph,s
ana to take the water below the com
nhnyH rights then the plan for which
the ponds were Issued win not be car,
ied oui ana the bonds would b. invalid
dld not ihnk that the city could
snow moro necessary public use oi
the water ihan the company, hence ID
could not condemn the company's rights
al all
JUDGE DEYs REPORT
Judge Dcy said that there IL no such
ihine Az absolute Ownership OF wntor
rights as they are all subject To rover.
sion for failure TO use them fol tho
purposes Of the appropriation The con.
tract entered into with the farmers
granis, bargains ana sells an of tho
rights Of the farmers To the water To
the ely and such q sale In nv absoluI
As II POSSIBLE 10 make uf water rights.
He cited Instances where land had booh
sold upon certain conditions of rovor.
sion should the grantee do on fan to do
certain acts IN those cases he said NJ
one would doubt the legality of the
purchasers title to the land So IN the
Gaze of the sale Of the water iighls he
said that the title WAS absolute except
under certain conditions when II would
revert 10 the farmers Just the same IA
IN any other sale upon condition
No SUCH THING, SAYS RICHARDS
attorney lilChaluN argued lnhl lhr
contract entered Into gave the city as
good u title 10 the water as II IN possl'
BE 90 secure Tho supreme court har
said, no continued, That there w no such
thing os absolute ownership Of water
rights but that the water may be for.
leItcd by failure TO use the same, Thr
contract with the farmers, he said, "
no drawn that II would be almost I'M
possible for the city to forfeit It's rights
secured from tho farmers, lie said thcr'
was absolutely no possibility Of the clty
being unable TO furnish exchange watul
as provided IN the contracts ns At thu
present time the volume Of water M
Utah lake IN 2lD,0O0 acre feet per year
or 100000 acre feet more than " needed
by an the W0tor users from said LAKE
Hence there IL no danger he said, of
the lake golng dry ~ being pumped