The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-31
THE WATER INQUIRY.

To those who consider Councilman
| Fernstrom the superior Of Judge Hlles
as a lawyer, the hearing OF Thursday
| evening was, of course. conclusive; the
| legal department of the city was
routed horse. foot. and dragons. But
yet. with Judge Hiles at one end of a
| legal proposition and Councilman
Fernstrom nj the opposite end, the
average citizen who knows the two
men Is not In the least doubt as 10
| where the law is.
The investigation mas served how
ever, even the little way it has gone,
TO show how tho old gang did business.
| Fcrnstron denied that The transactions
| had been secret then admitted that
they had been. and Councilman Wells
boldly announced that he considered
the secret way the right way. But
| the public knows that there has been
too much secrecy; there has been go
much of il that the whole matter Is
| befogeed, no one seeming TO know
| where the records CT the things done
were 10 be found. That they are not
| in the city Attorneys office Is PLAIN;
|
! those IN the Recorders Office are in
! definite, uncertain, inconclusiVe, Part
| of them ere now said 10 be not In the
! cIty's custody, but In the office OF the
! County Clerk: and by common con-
sent II seems TO be the fact that Coun-
sci Franklin S. Richards alone can un-
tancls the hnotty problem We, also,
hal il,ot r SfT9Ihghtgn
this matter out. Mr.. Richards can do
so But TO put forward Councilman
Fernstrom as the elucidator, Is TO IN
suit the public intelligence.
I. Is probable, from developments
made. that the city has some claim on
canyon water from Big Cottonwood.
But the claim is indefinite, and the
record Is uncertain The first thing to
do Is 10 complete the record, so that
the city shall know and be atle TO
show what II has. 1t is also shown
that the city, as to Fart OF the water
1t has in an indefinite way contracted
to get has traded for q lawsuit and
will have TO guarantee both sides, the
water 1t is to get as we'll as the water
it trades to the farmers. The city also
gives far more than II gets, whatever
this latter quantity may be. And the
city has n lawsuit with Mr. knudsens
besides all other suits, In It's attempt
to condemn hi5 water right. Without
his right. il Is admitted, the city is all
at sea, without water to turn into the
conduit. And when the end of the con-
dennation proceedings may come, no
men can RIess
But whatever may finally ne found
TO be the ctys rights In the Big Cot
tonwood canyon water. it is clear that
so Ca II has ro claim whatever to
take water from the stream al the CON
duit Intake. The city's right, provided
Its tight Is established. is to take water
n long distance below where the con-
duit intake is; and this is of no value
IS related TO the conduit at its present
location Fir. Doremus, who was frau
dulently represented last year as con-
sulting engineer, said when questioned
about this conduit, not long ago, that
he was not consulted about the loca-
ton o: the conduit line. if he had been,
he would not have located it where It
Is. And neither would anybody of good
horse sense, for it is rot where the
water owned by the city can get into
it, The conduit should unqucstionably
have been put lower down, where the
water traded for by the city could run
into it, and where a much better and
smoother surface would have offered
an easier route
There is not in fact anything new
In this recent investigation of the city's
rights. save as to the point presented
by the City Attorney. that there Is no
record III the possession Of the city, of
what 1t owns or claims In this matter.
The other points, especially the harsh
terms of the contracts with the farm
ers. the duty OF the city 10 defend the
uncertain rights it has traded for, and
the disconnection between the water
which the city has traded for and the
intake of the conduit, the threatened
injunction by the owrers of primary
water rights against the city's taking
water out above their ditches-all were
brought out DS The tribune last fall,
and were potent factors in the defeat
of the Morris administration. The ef-
fort Of the City Attorney TO nave the
whole matter cleared up before 1t is too
late, is in every way commendable
The Ferry resolution for this inquiry
win bring order out of chaos. and the
public interests of the people will be
immeaSurably enhanced by 1t. No
doubt all who know material facts in
that investigation Will be glad to let
them be known. We commend To the
committee that il DC diligent, ener-
Sotic. thorough. letting no substantial
fact escape.
BOOSTING THEMSELVES.