The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-12
NOTICE.

State Of Utah, county OF Salt Lake
/ In the Third Judicial District Court
Notice
To Phiander Butler, Philander Butler,
son. Maud NJ, Thompson, Margaret l..
Despair. Hilda E. Butler, Cecil Il. Dyct.
( Charles Golebrook. William J, Painter.
Nr 'JenD nn,i Wlnm Mc5',e Up
/ ZION; Thomas Newman. Il. Knudsen, Big
Cottonwood Tanner Ditch Company. n
Teon TRomas ssy Ssmas we Xn
Arthur Meadows f F. Moses, j. Moses.
II. Stevenson. Charles Bagley. F. Brin-
Sn Rasmns nsSnH3% moo John 9s
ner NJ. II Walker, S. s. Walker Estate
ham, William H. Walker, L, p. Walker;
G. A. Harper. l.. S. Hills. Big Cottonwood
Lower Canal Company, corporation:
pofaton SE b5ch iIsssfne B. Biner %a H. Park
John D. Hamilton, James C.. Hamilton,
Mary Ann Hamilton Jane y. Hill, Emma
l. Hin. william II. nm: James Gordon,
corporation. and To all unknown persons
whom 1t may concern;
Take notice that salt Lake city, a
municipal corporation, has made and
lled with the Hon, Charles w. Morse. a
judge of said court It's petition TO per-
po;uate the testimony Of a certain Wit wilt
precinct, Salt Lake county, Utah. TO be
called, sworn and examined. concerning
the title and right of use Of said city
OF certain portions of the waters of Biz
Cottonwood creek, In Salt Lake county,
Utah. to wit, about twenty eight SIX
tieths (2S-6C) thereof heretofore diverted
and used in said county through certain
canals or bitches known as and called
the big Ditch" the Upper Canal and
the Lower Canal and the "Hill Ditch.
That the following is an outline OF the
testimony. which Is expected to be given
and the facts to be proved by said Wit
ness that is to say: That said witness t,s
year A, d. lS49, and before that time.
and that water was diverted into said
ditch In tle year 1919. from said stream,
during both the summer and winter
months OF that year. and for culinary
purposes and the watering OF stock. and
other beneficial purposes, That said VII
ness has been well acquainted with the
canal ever since said year 16i9, and
that said waters have been used as
aforesaid through said canal every year
since the year last aforesaid, In the
winter time as well as the summer time.
That said witness was a water master
and water divider for about twenty
and as such had charge of said Big
Ditch. That during all that time n
tight dam was maintained across the
said Big Cottonwood creek. at the head
or intake of said Big Ditch except In
times of spring freshet, or I'm high water
seasons beginning In April or May. and
said tight dam was maintained in the
winter time as well as lE the summer
time.
Also. that the witness knows OF the
construction Of the said Upper Canal,
That 1t was built In the winter of 1S49
and spring OF 1850, when It was complet-
ed. That said waters OF said stream
were first taken through said canal In
the spring OF 1850. That thereafter,
about 1871. the said Lower Canal was
constructed. and some of the waters OF
said Upper Canal were transferred" to
said. said Lower Canal; That the witness ness
Upper Canal. and knew who were the
users OF the waters in said Lower Canal.
and that after the building Of the Inter
canal, some OF those who had formerly
taken water through the Upper Canal
changed, and took their share thereafter
through said Lower Canal. and that said
waters were used by them for the bene-
fetal purposes aforesaid. either through
said Upper Canal or Lower Canal. every
year since the year a u, 1870, both In
winter and summer time and the said
Lower Canal was constructed as afore
said, about the year 1871 and moreover.
that In some years. persons living under
said canals. and using the waters there
of aforesaid. used the same for irr-
eating their lands In winter as we'll as
in summer.
And notice Is further given that an
order has been made by the undersigned,
Charles w. Morse. Il Judge OF said Dis
trict court. allowing the examination OF
said witness. and that Justin r, Davis.
rsl'r mas peen deSlSnhlen as the otnCer
TO take the testimony of said witness.
and that the same viii be taken by him
under the provisions OF law contained In
chapter 90 of title % OF the Revised
Statutes of Utah Of 1925 and tho acts
Of the Legislature OF the State of Utah
amendatory thereof and supplementary
thereto
And YOU are hereby further notified
that Saturday. the ith day of May. A.
d. 1907 at one o'clock p. m. OF that day.
or rs soon thereafter as the same can be
heard, at the judges chambers. ohancery
department. In the city and county
building In Salt Lake City, Utah, is the
time and place, when and where the
testimony OF said witness will he taken.
nj which time and place you and each
OF you, and all persons interested. can
appear and cross examine said witness
touching the said subject matters of said
examination, G.. W. MORSE,
District Judge.
Salt Lake City. March H. a. D. 1907