The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-17
GUILTY OF CONTEMPT
Decision of Judge Ritchie Is Adverse
to Eden Water
Users.

Judge Morris /. Richie yesterday
found Trustees George A. Fuller and Vir-
gil Stallings. of the Eden Irrigation com
pany, guilty of contempt Of court in that
they violated an Injunction made in Sep
tember 1882, in the case Of William Ged-
des against The North Ogden Irrigation
company. This INJUNCTION defined the
rights of the various water users and re-
strained the farmers of Eden from shut
ting of the waters Of North Fork. In
the citation issued Aug. = David Lindsey
was coined with MesSrs. fuller and stall
lngs Co-deIendant Judge Ritcnie
found that he was an innocent party to
the vocation OF me Injunction and dis
Judgc kitchie's decision. which was
written. stated IN substance that while
uHer and StaihnGs. are guilty OF con
Tempt, they acted probably without in
tent of diSreg9tding ghe court order He
aIIiXed no penalty excepting that they pay
me COSts OF the proceedings me near
lngs in the case have been held alternately
IN salt Lake and Ogden and have Oc-
cuDied abO-t ten days.
he written decision Of the court was
mailed last evening 10 County Clerk David
M4ttson % Weber county
me ou-oOrt or the decision in the case
of the residents OF Eden, who were cited
to answer a charge. Of contempt based on
their act OF rebuIolr-- the dam at North
+ ork creek and dlverting the water
claimed by North O-den reached Ogden
by telephone. but the written decision did
not arrive till evening. The decision was
awaited eagerly. although its nature was
not a surprise for the reason that Judge
Richie had intimated during the course
of the hearing his attitude on various
points.
The North Ogden people at once pre-
pared 10 take the water. which Eden has
been using since the trouble began
The decision If il is adhered to and SuS-
tanned by the supreme court, where it
VIII likely be tested. viii be 4 stagger-
ing blow to the farmers of Eden II
simply means that IN no year can they
mature q crop requiring water IN mid
summer. As they, with the Liberty peO-
ton, are highest uD on the stream, they
viii be compelled TO see the water pass
their farms without being able to use
any Of it. About 100 acres of lard are
involved and about 100 families draw their
Sustenance from that land.
The attorneys for the Eden people in
discussing the matter said that Judge
Richie had not been able to give the case
1t was understood when he took the case
under Jurisdiction that IL would not con-
sumo more than a day. AS the case pro-
crossed it deevloped that most important
and far-reaching interests were TO be dc
cided in the action and that questions
requiring much time and careful attention
were to be considered by the judge. The
hearing was started in Ogden. then ar
gued in Salt Lake. Then as other cues
lions came to the fore ii was brought
back to Ogden, where more testimony
was put in. Then 1T not being completed
the court appointed Daniel Hamer as ref
cree to hear the case another day and re-
port 20 him the testimony. Then there
motions which ordinarily would have been
passed on earlier in the case The attOr-
neyS feel that Judge Richie did not nave
the time to hear all the points nor 70
study them carefully and are confident
that when the record gets to the supreme
court the record viii be reversed