The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-26

he said, chad not my brother any
these other honorable men gone aheaa
and made overdratts and palu tIis Gs
their own means for carrying on th'S
district
Judge McDougall, the attorney gen
eral, followed with a tribute 10 the
men he represented. referring 10 mem
eloduently as the "early sturIy piH
neers who had devoted themselves 10
tbc beamtifyinq of the desert about
them - and cited state autnotiin
touching on the deposits of pupnc
funds. ,,-,ont
JUDGE Richards closed the areumesnt. st
for the plaintiff 8 contention. an anu ,ni
dramatic effect, looIcal arGun1rne rme,ousi
apt reply, his remarks were MAJ ''''
ssThis ia NOT question of mngLlng
e,,asn = ;s y question of buying al
rsnchi They used tho funds OF our
clients for that unholv purpose ana we
have right to get 1t back III 10
action 49, r,roenfs
od5,,nnJ hero that this district could
moi be maintained by and under tne slp,
eraI provision of our Idaho lrrlgat'oh
1--WE have some splendid irrigation
districts up in our country where sne!
have absolutely followed the staIuGI, ';Ii
These bonds sell up there ana tneS VIII
In reference TO the defense of Hart s
brother. the nudge, that hss, brother
had Eput ND his own money for the
bencfit of the district, Judge RichardS
said, EIs this any excuse for his puy-
ing this ranch with the tunds OF Ihls
irrigation district Has the ArmStrone
ranch anything to do with the ohelua .
IRRIGATION district7 Inc supreme court
Of idaho classes this cash as irrigation
district money and we have traced TINS
irrioation money direct to Arthur ",
Harris hands and from his hands into
the Armstrong ranch. We have no
right TO both interest and proht; VIC
admit it; we have elected TO waive our
right to interest and take proht'
During the telling blows of Judge
Richards. opposing counsel. Hart and
NebaRer undertook TO question HIM
but they went down one two, three IN
ranid succession. and as the atmosphere
cleared the audience smiled at the su-
preme preparation with which the Judge
was fortified j. this question or the nm
itations of irrigation districts doing
business in Idaho.
To put an end to their Interruptions
although with entire courtesy. the Judge
remarked. FNow if YOU would like 10
learn some law. will read it to YOU; -
judge Richards then supplemented hls
pointed argument with citations OF law
of the Idaho supreme court and other
state supreme courts and the supreme
court of the United States showing this
district TO be n public corporation pure
and simple. citing especially supreme
court decision from California stating
that the reclamation service was pup"
lie CORPORATION and that organizations OF
districts for irrigating purposes are
clearly the same.
Then Judge Richards asked who
would assume that the money taken by
these defendants was honest. Here nc
made most dramatic statement In re-
tort to Judge Hart IS imputation that he
! had reflected on the character of his
brother by stating that he meant moth
| ing personal to the individual but con
fined himself merely to his acts. TIC
clear his statement he said: 81 ear
| love him and pity him and then hate
his acts and again: cast as
pensions against these illegal acts and
he who does it needs my sympathy and
Z" Better never built this ditch thar
to have committed unlawful acts.
never can help but have deep FEELING
when ] see men so unfaithful to pub
lie trust. -
He characterized General MacDou
gall s address as "broad in conception
but narrow in perception"
Then he asked. "Do you imagine {
district irrigation warrant can be shown
for the purchase Of that Armstrong
ranch7 In attempting TO show tha
they have taken this money from the
Oneida irrication district, they confess
they took it out We have that mucl
out of them anywayio
In closing. Judge Richards made ref
erence TO $4,000 commission which thes'
wronedoers had paid out as commission
for the sale OF irrigation district bond
aud asked if the court could think O.
irving TO allow. them to prove them
selves os spotless in the conduct Of thi
character.
In his supcrbly professional wav
Frank Nebaker interrupted Judge Rich
ards frequently with bright questions
but invariably was answered by readini
citations Of law answering so complete
ly his every inquiry that no doubt coult
be made to his premises.
This collo1uv closed by Mr., Nebake
stating: 81 think could convince yo,
if I had time" TO which Judge Rich
ards replied: "No, but you might wea
me out"
Hart~Parsinson Letter