Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-15

ssssss-
company, which II refuses TO convey 10
me city except upon terms not accept.
able TO the city, ana that the Same
cannot DO acquired by the city through
me exercise OF tho power Of eminent
domain because the rights ~ the CONF
lhuN arc superior or at least equal, 90
the rights of tho city
ABOUT POWER PURPOSES,
II 10 alleged by tho defendants IN
thelr answer ana admitted by the 10.
lnlor that the wotor rights claimed by
tho Titan Lght A. Railway company
consist Qt wutor rights for power pur.
poses unlyi that one Of said rights was
used prior Ia the M day Of Aprl, 1893,
Tor ne purpose OF furnishing power for
Operating q papor mill, that the said
mn Mhs destroyed ON that day ana
mas never been rebuilt and the power
flghi has never since been used for
any purpose whatever, that several
}cnre ago u small snWmll was opO-
rated By power furnished from the
waters ot liig Cottonwood creek and
The said Utah LIGHT A. Railway COM
puny has since acquired the oMnurHhlp
Of taid water right ana mill and has
continued from time 20 time 20 operate
the tamo In very limited way, that
both " these alleged water rights
claimed by tho Utah Light & Railway
company are situated below the power
plants which have heretofore been and
Rre now bolng operated by said com.
pnnyi that the only Interference with
these alleged rights which could pasHi.
bly, occur I'M carrying out the proposed
plan for Increasing the clty'a water
supply would be IN changing the point
or diversion Of the waters secured un.
der tho contracts Tor exchange, ana
would not IN any way interfere with
mo operation Of any Of tho existing
power plants Of said company, that
tho waters N Zig Cottonwood creek
which The city proposes 10 acqulre by
exchange, nro now diverted from tho
natural channel ~ Hnld stream nc n
point below tho site " the old paper
min, ana Il ~ desired by the citg 20
divert the waters ~ said crock from
tho natural channel al a point above
snld saw mill ana paper min site ana
below the lower power plant Of said
company,
II IL also alleged IN said answer ana
admitted that the plan which was SUBJ
mltod 10 the voters us appears from
tho rolator's exhibit ~ was for IN.
crcuslng the water supply Of the city
by laying pipes ana establishing u wa
Ter eyetom 90 conduct water from llig
cottonwood creek aud Min creek and
their tributaries 10 Salt Lake Clty and
acquiring water tud water rights IN
Wld streams ana I'm Dlnh lake, and by
improving and extending the proyoni
system ~ water distribution by which
water h now distributed throughout
said city, that the carrying out Of
this plan " not dependent upon divert.
INK the waters Of Big Cottonwood
creek ne any point which would inter.
ftro with amy VI the water rights
claimed by the Utah Light " hallway
company because said waters can be
diverted from their natural channel
below the old paper mil site, which w
the lowest rleht claimed by the com.
many and said Walrw can be conducted
by gravity into Salt Lake city al a
point above me Thirteenth East street
reservoir "a that they can be utilized
from said reservoir ana distributed
lhlough the present NatcrWorks system
Of the city
EMINENT DOMAIN,
The right Of omnonl domain IN
granted 20 the city by chapter 90 II the
Revised statutes ~ l'Wh " 1895, az
amended by chapter % Of the laws Of
Utah of 1901 subdivision of soc.
ton 3,68 Of mid chapter, as amended,
reads ae follows
90, Public buildings and grounds for
the use OF any county Incorporated
city or town or school district, rcsor.
Nolrs, canals aquoducla fumes, ditch
~ on pipes for conducting water for tho
use of the inhabitants of nuv county,
or incorporated city or town, or for
drainign any county ur Incorporated
city or town Tor raising the banks OF
streams removing dbHlructions there.
from and wldcning, deepening or
Strengthening their channels, Tor roads,
streets ana alleys and an other puhllu
uses for the benefit Of any county IN.
corporuled city or town, on the inhab-
itants thereof
The REALTORS thrd contention IL that
the city cannot irsuo bonds exceeding
q I per ucntum additional indebted
netH, because tho water rights ana
works for supplying the wator are not
owned ana controlled by the city ut
tho time Of tho issuance ~ said bonds,
section 4, article II of the Consttu.
ton provides
THAT any city or town, when author.
igcd as provided IN section g Of This
article, may be allowed to incur
larger indebtedness, not exceeding
per contum additional, for supplying
such city or town with water artificial
lights on sewers, when the works for
supplying such water light and sowcr
shall be- owned and coutmlcd by the
municipality
Revised statutes, 1898, page ~,
I'm the caec OF state w city council 2S
Utah, II, this court says
constitutions nro not 10 ho inter.
pretcd alone by their words Ahgtraotly
considered but by their words read In
the light VI the conditions ana ncocTsi'
ties IN which the provisions originated
and IN view NJ the purposes sought ~
bo attained aud secured"