The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-10-24
RIGHTS Of ANGLERS
TO Be DETERMINED
Conditions Along Big Cotton
wood VIII Be Considered
by the Courts.
DAMAGE SUIT is FILED
Question as to Whether Wa
ter Goes With Land Is
Now at Issue.

Steps were taken yesterday when, il
prosecuted with sufficient vigor, vii!
lead TO the impartiuc of important
knowledge TO the fishes that lnhaoit
Big Cottonwood creek and incidentally
TO those fishes that iuhsbit other pub
lie streams in the sovereign state OF
Utah. The knowledge that will be ac-
auired by the fishes affects the legal
status Of their captors--in other words,
they will know, when they are hooked.
whether they have become the victims
of a legal or an illegal lure.
All of which is prefatoriai 10
story.
Along in ls47 men discovered Big
Cottonw wood creek, and coincldentalIy
they discovered that little fishes were
born and grew to hsbhood's estate
therein. Also men discovered that tho
land bordering Big Cottonwood creek
was easily to be acquired, and, after
The manner of men, they acquired land,
Possession of the acres carried with 1t,
according to the owners, title to the
streams, with especial reference to the
determination of acts Of trespass.
Disputes Wax Warm.
Thus it came to pass that, in the
course of years, other men, who termed
themselves anglers, sought out the
haunts OF the little fishes in Big Cot
touwood creek. When these other men
appeared the possessors of the land de-
livered themselves of an address, the
effect OF which was:
''No Fishin' Allowed
Thereupon a dispute was born. and
from that time to this the controversy
has waXed warmer and warmer with
each succeeding season, and now IL has
become white hot.
Presently the supreme court will be
called upon finally to determine the
issue
Last Sunday, SO it is told, Fred A.
Wrathall, by occupation taxidermist,
with residence at No. 1876 Third South
street, conceived gorgeous plan, 1t
was nothing more nor less than to elm
mate some of the fishes from the
waters of Big Cottonwood creek. His
idea became an obsession, and within
a reasonable length Of time Mr.;
bearing on his back great wicker
crates wherein to house his prospec-
tive captives, appeared waist deop
among the turbulent waters Of Big Cot
tonwood crock. At point not far re-
mote from the position occupied by Mr..
Wrathall there appeared another
figure, who, the allegation is, also was
III Lue pOstuib VI Ill Angler.
WrathalI Arrested.
The last mentioned figure proved to
be l.. c. Miller, secretary and treasurer
OF the j, r. Miller Real Estate and In
vestment company, company which
owns vast areas of land along Big Cot
tonwood creek
Wonder if he's had any better luck
than ! have" solilo9uized Mr..
Wrathall. .'I'll quiz i'm. -
IS You re pinched,' said Mr., Miller
ing distance.
What d 'ye mean, pinched7'' de,
manded Mr.. Wrathall.
g You re under arrest for fishing on
my land,' elucidated Mr.. Miller.
81 IN not fishing on your land nor
on anybody's else land,' retorted
angler No. /, 81 IN fishin in the
creek
makes no Odds" declared Mr..
Miller. 'fou come with mo to Muir |
ray
Mr.. Wrathall is a man upon whom
peace hangs in voluminous folds. Con-
sequently he offered no great resist
ance to accompanying Mr. Miller to
Murray, although, according to Mr.. |
Wrathall, Mr.. Miller displayed not the |
slightest shred of authority for taking |
him into custody.
Delivered to Constable.
Arrived at Murray, Mr.. Miller de-
livered Mr.. Wrathall into the care and |
keeping of George w. Conyers, con.
stable IN and for the city Of Murray. |
This act, it Is alleged, WIS followed by |
a vigorous and persistent search for |
Charles D. White, justice of the peace.
After much discussion and many con.
Ierences, so the account goes. Mr. |!
Wrathall was permitted TO 60 his way
=. peace after having renouneed an in.
innate friendship with five pesos.
Dir. Wrathall was exceeding wroth |
Upon his arrival in Salt Lake he sought
the law offices OF Hancock & Barnes and
enlisted their services as his legal repre- |
sentatiVes. At o'clock on Monday
evening. twenty-seven hours after Mr.
Wratnajl had been apprehended by Mr. (
Miller In midstream. Il Is the Testimony
OF MI WrathaIrs lawyers their client |
was served with a complaint and a war.
rant ~ q "ai
Appearing before Justice white Mr.
Wrathal was found guilty OF trespass
and was fined s..
Will Take an Appeal.
Thcrcupon Mr. WrathaIrs ATTORNEYS
announced that they would appeal the |
case ana prosecute II 10 a final deter
minauon in the states highest tribunal |
On behalf OF Mr.. Wra athall particularly