Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-05
DECISION GIVEN
IN WATER CASE
Supreme Court Decides Weber
County Case in Favor OF
Fuller, CoIvin, ct AL.
INVOLVES RIVER RIGHTS.
Chief Justice McCarty Renders Opin-
ion, Which is Concurred in by
Justice Frick-Straup Dissents.

Justice Frick-Straup Dissents.
Two decisions, covering practically
the same points and affecting the Same
individuals and corporation, were rem
dered by the supreme court today. Both
opinions were written by Chief Justice
McCarty, Judge Fricll concurring and
Judge straup dissenting in each in
stance.
In the more important case of the
two, George A. Fuller, D. L. Colvin
and Virgil b. Stallings, trustees of the
Eden Irrigation company, are the re-
spondents, while Milo Sharp Joseph
Carver and Joseph Stevenson, the Plain
City Irrigation company and the West
ern Irrigation company are appellants.
and I'm this instance the lower court is
affirmed. which tribunal had found the
Issues in favor of Fuller, Colvin, Stall
irgs, ct al
This action was brought by plaintiffs
to enjoin defendants Sharp, Carver,
stevenson, the Plain City Irrigation
company and the Western Irrigation
company from breaking or in anywise
interfering with plaintiffs dam across
the North Fork of ogden river Among
other things plaintiff allege in the year
1861 the predecessors In interest
diverted and appropriated all the
tri. pe.aa,, e.. H., ~
MONT az sci, a,,,arsjo, tha+ tho W.
h. has hea,, cnntin,,nt,sl,t ,,snd sin'so
that time, and that IL amounts to 30
sccond-feet. 1t is further alleged
THAT the defendants, on July 81,
canal Of the Eden Irrigation COM
pa Wy t,rnad Tho n,at,i,. do,vr ne chant
reI NJ the North FORK etc, ali Of
which was admitted nv the defendants.
who however. pleaded iustification.
alleging lights hx, nrior annronriation
nt,ramornf to niaintjff's rtrhts
POINT OF PRIORITY.
Tho dafapdants furtbar sat IN 40
n defense thar INC matters involved
in this contraversv had already heen
adiudicated nv The district coi,rt of
wSbet countv sent Ia ISaS In an
action wherein Williem C,eddes and
others were ulaintiffg and the Eden
irrigation co,nnanv the plaintiffs IN
The nresent action. were defendants,
In noin; Of priority the district court
decreed as follows. North Ogden r.
riration company. 1855: plain CITY Ir.
rigation company, 1859: Eden Irri-
CATION company, 1859: Harrisyille.
Predecessor If western irrigation
COMPANY, 1879; and that according
,vas entitIad to aycinsivs 'sn Of a.,
was ehlitiea ~ sMN, u a. W, u.s. -
s l water a. Wou,u NOV ai.e MI nh
a,suiaes; niu t,ta' ,l 'nr rt,,ri We
l,lsuiiiSie.. Ic aPp, ~ "a ",
snouiu tuIn ot''N ~ s.'e ~ ~
t1;,,I..,si &c nr,or srn,.onriat TORS atc
'i''i'e9 VI ~ 'o'
DISTRICT COURT DECREE.
,,..., -. .,.,,....,,
nuILheI; tne uis.tICe IN,
not .uo p, ,'s't -, ~ n,,,,,',-s af
sation company "rS wv wv W. LIE ti, ~
a'lu NV q. o., ~ - 49,,
t,n'', $500, 20 ~ NJ T., e. tstt, a., ~
NJ aS'h a,nb INA aN,oIy year of
~ ~, a., ~ 80 nc No,.th Eorlr
90 Hd,ler, r;y,e,. ris,p IN said Fork nj
:" - $50 ,ata a., 81 M E'dar Irri-
, a.stiln ,,ist,Ict NJ all timel when fine
saxon u,striot a. sch f' toint of meas
,,,'eyoant axceeds the foyy IN said North
". ~ 80 abo,,a e. sajd dan, % az
SECOND feet md when che same does
not. at said point of measurement, ex-
ondlf cet. thon Inc plaintiffs are re-
ouired 10 turn down into the said North
Eorls suaIcient water 10 make said
ano,,nt al the said polnt of measure
mertt
SUPREME COURT RULING.
TO the above nndlhss OF tact hllu
conclusions al Jaw ne appei'an ns
tdefendahtsl oolecl puS ~ s,ie
opinion OF justice MSCdr'y' t',a
aforesaid decree aWt.rus NUN YIN u s Ier'
er quantity OF WAFER tlsln tno piepoi
deriilce OF tne eElaehue shp I'VE, Ign ,.,,
be entltled TO- ie suS 'iii' Us, :.
me decree Is eIIoleous ~ - nj p
ludlclal 70 tne " il''t 80
IT gives mem an tho wa'st a,ls.n ~
low the bden ualii, nud ttitoe SJSo,,e
teet IN auuIlloh, "nIV tno .i'ln,,'
showed tnht uut 20 leet li"Mou W.. We ~,
IRE lehslh ol th9 oI'utliIei ~ .,' W
season from we oniienS 49, NH tbe i i
iarse aInoun' " s,.ipp,s a,,i "a ttts
seepage nnds its way into tho North
and Mlaaie Fo'A' anu 'i'' A''o '''
osnen IlNe SII.,c,,,.,,. so,,s t,,rther mat
Jusuce hC '-siI,iyo 10 ,ha codaas
lut PEA vi hlPNh"ttN' NAA''N 49,