Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-26
JUDGES TELL Why
BONDS ARE LEGAL
rull Text Of the Supreme Court
ooloIou Which Settled a Much
ycyed Question
LAW AND ADMITTED FACTS
ao,h Atlcst,d Bcyosd Speculation or
controversy the Validity OF the En-
tire Million Dollar Issue

,r, written opinion Of the supreme
.,nn ~ the bond case, IN which N "
MID that the city's special water ana
ave, bond issue, amounting To N0O0-
,n 4. cgal, was handed down late sat
mday evening, IT was written by Chl''
m,u,. Barlch and was concnlrod IN by
w,lcss McCWly and straup II loI'
lows IN ulli
TEXT oF THE OPINION,
=. the suprcmc Cout Of the state q
"r,,n .Rintc of Utah as rel George w.
rrf,hcck, pllnlln, We SAT- LAKE
I'M municipal corporations Wch'
,'T y. Morris mayor OF SAT- LAKE
gtv. John y. trltchlow, city recorder,
rlsbar =, HAMS, city treasurer de-
lenlantn
Per Cmami rhigis an application 10
obiam nom this court n VIII ~ pro"
bibul5u restraining salt Lake cry ANA
ta MAYOR recorder ana treasurer rom
r,ulug negotiating or F'llinB On, nolN'
"ral louus hereinafter rciulIcd TO-
The mtl'llhl l'''i ~ l'.''
che uolluur OF the lclalur ana llln
,6fWpr OF the defendants, are as io,'
l0NH
oo no ?lsl day " November, 1904,
ihr t.Dy council Ut SAT- Lake tll} ANY
rstsaI an ordinance which WAS hl'
mbvll by the mayor of the city which
ordnluco provided for ANA ordered a
tptcnl election for the purpose Of SUD.
hitting 10 the quallnrd electors OF tWl
INV tho question Of mourning "a bonded
mde5ladncsB TO tho amount Of ShOoooOJ
ION Mo purpose of making necessary cE.
lensIous IN IT, sewer system ana ut
rrocu.mg permanent ANA adequate
Weres,c In the water supply Of the city,
'rht present supply during the minimum
dow which rs approximately lOQOO,ul0
gallons per day, II estimated to be
1hou onc.half enough 10 properly sup.
ply the present population ol the city,
NolIt1 NJ such special election Wat civ
an lo be- held ON the ard day oi Janu-
ary, 1905, ana thereafter tho returns 90
mn special election Woro duly rlus
yswd by The city council of said cry
and II was declared by the elid ely
council that Huilicient votes had been
cas-, BIZ qualified electors 10 authorize
,ht issuance Of the bonds,
VOTERS ALL KNEW
prNous 10 said election, Tor the p,lr'
nose Of presenting 10 the qualified yot.
,u Of salt Lake cry tn object ANA
purposc hf the issuance ot said bonds
am plan 10 b, pursued tor the a,'
oulllon Of am additional water supply
Ana An extension OF the sewer systonh
an address mdcr the authority of we
mayor and Clty council of salt Lnku
Cny was Issued 20 the taxpayers ut
sal Lake CITY n copy of when " at
nthtd 10 una made a part Of the poll'
lion herein, and I'm which uddrpH u IN
uoUpl out and shown mat thU present
svatcl tupplN Of the city 10 derived nom
four separate tourccn Those sources
and the quantity of water that rlrh
supplies dally durlng Tho minimum How
are us follows,
Gallons.
cry creek up,',,'','''''''''"' 'NVllo
lmlnall0n creek utt,ri,'''''"l NU'Nv'
IaOSt creek up,',',,''''''tl's V4' ~
Utuh lake reservoir n,,,,,''"lo''oVlVQl
OF This total daily quantity Only the
t,rk lclnyonl water lO,UW,Sil gai.
lonH s suitable Tor drinking ana culu'
ly purposes The remainder N3dbO'
UN ,a,onN when comes from ll1h
lake reservoir, ~ Impure und not III ~,
drinking on household purposes, ana can
only bp used for irrigation ana kindred
uses Tho only sources from which u,
city can obtain an additional supply ~
nuIo water for drinking ana household
purposes are Min creek, liig Cotton'
wood and Little Cottonwood, three
mountain streams which flow into m
valley from nearby mountains on no
cast Tho daily supply of these creeks
durIns the low water season lS as lol'
Gallon,
MNl creek u,t,,,,r,,r,,,,rh ,bdls
WR cottonwood p,u,,,,,,,,,,,lGh Nd ob'
Little cottonwood u,",u,,, ha!oND,
EXCHANGE WITH FARMERS,
The water Of these streams has al'
ready boou Appropriated and is used OS
large number Of individuals Ia nrl,
gate considerable area OF high priced
land That lies adjacent 10 the city, Two
lnlrd. ol the land upon which the wa,
lw Va now BEING used He's below N,
,lNh canal through which its UtAl
Lane reservoir water " conducted ant
,uulu are no physical difficulties IN N,
way NJ lrrlgalmg the lands with wa,
lo' from the canal Tho owners Of Thu
lama are willing to exchange their pres
'nl 'upnly " water from the mountain
Tor water from the canal referred to
ana tho city has taken options from
the tanners for tho exchange IN thll
manner of onc.hnlf tho water " llll
cottonwood creek, Negotiations Ar,
pending by which II IN expected tina
Practically an Of the waters Of nIl
cottonwood, Min Creek and Litll
cottonwood crook win be acquired b.
exchange or lease ls soon Az tho nooes
tll''S N the city shall require, TN
llmf of exchange are az follows tn
tllE W 10 pay n bonus Of $40 per aGr
70 me farmers and give them durlnl
Uc lrllgatlon season an additional
VOahllly Of 20 per cent more canal wa
YER man n receives Of mountain wa
YER II IN proposed IN the options 4
grant bargain and soil" 10 the cit
VII me iOrmors rghls 10 the porpCtua
we of the mountain Nat0r, but IN cas-
9n'uN Ia made by the city IN furnish
INV Nom The exchange water from IN
'anal In that event they reserve IN
lRhl 10 use the mountain water, bu
ohlN during the time the default con
nuo7 unloHH tho failure of the eft
70 furnish tho exchange wntor contln
ob Tor u period Of viz months, an
men II ~ optional with the farmer
whether the clty'a right 10 tho ufe Z
lho water under the sale shall BIO tol
minated or not The ability ~ Nh
,,y 10 nernetunlly furnish the farmol
lne required amount OF Utah lake wa
F w exchange for the mountain "
r \ conceded, The money which WI
20 obtained from the sale Of the bone
question, with tho exception
hbout 10000 TO he used In repalrIn
l'lt A