The Salt Lake tribune. [volume], June 07, 1908, Image 1

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

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NO. 54. weather Locii showers; cooler. SALT LAKE CITY, UTAH, SUNDAY MORNING-, JUNE 7, 1908, 36 PAGES FIVE CENTS. ' W
IpJD LOSSES 1?
If AC
1 igjjnation in Montana Js Worst
r ! Ever .Seen in History of
! 1 llio Northwest.
m
I W AND SMELTERS
KFDp CLOSE; THOUSANDS IDLE
Municipal Damago Is to Rail
roads and to Crops in
I Fertile Valleys.
:
SBUTTJ3. Mont., .Tmio 0. "With crop
ijsjrS estimated at two-thirds of lha
iiiile in several of iho rich valleys of
Us state; with damage to railway lines
rgtioafcJ nt niorc ihjin $1,000,000, while
fcfc systems scarcely can be put upon a
naal basis under two weeks; with
Ljoi SOOO to 10,000 passengers stalled
Ibis slat1, with little hope of. ini
Eritatc rescue. Montana is experiouc
Egthe worst flood in tho history of tho
Etthfftfsf.
Isioruy after midnight the Northern
Sitifie inched hero, from Logan many
U the westbound passengers stalled at
pt point but it is now impossiblo lo
p a train in our out of Butte over.
Lr railway. Tho Great Northern
pins.tyand from Helena aro' tied np
for Basin. '
R Short Lino Trouble.
pTie Short Lino trouble is said to bo
fctirceu Divide and Dillon. On the
feler Toads tho trouble is ovorywhero.
p new roadbed of the St. Paul, west
krf here, is badlv washed out. in ninny
Mite Tho Butte,. Anaconda & Pa
iefie has lost four bridge? between here
d Anaconda. In this connection, tho
laaatlc incident, of the flood is the
P of Frank Conway, a rcporler on
m Anaconda Standard and an old eow-
ley, who rode tho Tango in Montana
ii m North Dakota for years, niust bo
M ffKoxded.
Conway started for Anaconda, twon
y irsix niiles awa3r, at 5 o'clock last
2 taU. Threo horses fell under him. lie
j2 mm Silvorbow creek twice, losing his
Bine e3ch time and borrowing fresh
, pant; from the ranchers. Tie arrived
jj, lADiconda at midnight, with tho first
.1 kts of conditions in Butte.
fjl Bcanso of washouts on tho Great
iJJwfoern tho Boston &. Montana propcr-
3utt p probably will closo to
rowing thousands of men out
lere and foreing tho smelter at
ills, which employs thousands
shut down.
Oan Soon Resume,
res of telephone, telegraph and
crvices having been dison
Jtrcet car service -was resumed
ftor noon, and tho city will
KB tonight. Tho storm has
iro and the sun is shining. The
the storm is believed to be
to the washouts between hero
tonda, where the new Washoe
aro situated, all tho properties
iialgamated company, except a
II mines with big storing ca
re now closed. Between 5000
aro thus thrown out.
irth Butto and the Red Metal,
so smelt at Anaconda, aro
The Clark mines aro closed
:ause of flood waters in the lo
: smelter. The Boston & Mon
perties aro down because of
communication between this
I Great Falls, where tho Boston
na smelter is located. Mining
hope to bo able to resume early
Situation Improved.
Oroad situation in Montana is
proved today, principally from
that it has stopped raining,
there Pacific is sending trains
ii Butte tonight, although all
ie hue east of Bozcinau was
a up by another washout at tho
t ie recent destruction of two
thut tied up traffic for four
Ration on the Nothorn Pa
t 'a so bad that Northern Pa
way officials will venture no
to when the line will bo ro
ll in. 1,10 Gallatin valley osi
,at about two-thirds of their
1. be destroyed. Floods havo
immonso amount of damage
ntendcut Goodall of the Rocky
& and Montana divisions of the
w tho line will be opened. Big
, men are at, work, but tho tasf:
mendous ono. Conditions aro
Q tho eastern than on tho west
Anfl i .ra-ck' iB fcnmL liaa
t? caSr m,l0s throM th0
Boats in tho Streets,
til tW. fouree coaches, is held
1 1 r;ra(;H.?ire, Soared. Wolf
Sn oS streets and have
cka nri: aU oue-story houses.
VonfSr?0n"nU,,icat,on V'as in"
ieved ti?n iay a rep?rt stntC(1
culver ,lraCJC would 600n PO-
Helonn VC,1 ?.uk UR,ir Silver,
be 0fR vanAl Great Falls, but
ra as verrUlcAn Pacific west"
sbrpnv Cro 011 illc otuer side he
reakcamo. These uro now at
li'fc,iUPi-L1,,lnI) R"Ii went
SSV-m aeP,tu. of three
ae. , tho company is again
at 4 A v tanclincM lake
orc8 ofCi?ck lh-'s "'oniing and
r A S&WT Jow tho tracks of
lift f and the vij uc ar in- 00'1 on-
' .Tr tliM i:ni tra.lna Lo tl10
. I Calin on pa,,0 TW
Mi
iill-TUFI III
TAKING NEW STEP
They. Refuse to Suhmit Further
Evidence to an, Alleged Pre
judiced Committee,
WILL ISSUE STATEMENT
' SETTING FORTH GROUNDS
i
i
Will Take Appeal to National
Convention, Under Leader
ship of Senator Bradley,
i
CHICAGO, .hujo 6. No more evi
denco in contested cases will bo puL be
fore tho Republican national committee
by I he allied candidates, according to
a. decision reached . tonight, at a con
ference between managers representing
the interests of Senator Knox, Vice
President . Fairbanks and Governor
Hughes. Tho managers for Speaker
Cannon did not participate. There were
present at tho conference. Representa
tive James Francis Burke of Pennsyl
vania, Senator Hcmcnway and Joseph
B. Kealing of Indiana, Senator Crano
of Massachusetts, A. B. Humphreys of
Now York and Governor Bradley of
Kentucky.
Convinced that tho national commit
tco as at present constituted has pre
judged all contests in favor of Secre
tary Taft. and that all of the delega
tions instructed to vole for him will
bo seated by the committee, the mana
gers of tho "throe candidates named de
cided upon a radical course. They
talked the mailer over informally and
Uien called a meeting for a late hour
tauight. Thoy expect also to havo sev
eral Ressio us tomorrow and map out a
definite 'programme, and when that has
been done, to issuo a statement, ad
dressed to tho public, setting forth their
rcasoiiB for refusing to continue their
cases before tho court of first instance,
for such is tho national committee.
Reasons for Decision.
In reaching a decision tonight tho
gentlemen in the conference camo lo
tho conclusion that if they continued
to present their claims to the national
committee and received nothing but a
succession of defeats on which to ap
peal to the credentials committee of tho
convention, thoy would receivo a
"black eye" from that body, and prob
ably from the committee which is the
court of last resort. They admitted
also that if they decline to present
their evidence fo the national commit
tee the3' ina3r havo a poor caso to pro
sent to" tho superior court, tho national
convention. The determination to tako
tho stepsi outlined, therefore, was not
a hast-v action, and the conferees sluto
that they realized full well what tho
step meauB.
Sonator Bradley of Kentucky has
been selected as tho man .best "fitted
to conduct tho appeal to the national
convention, which explains his presence
at the conference. Ho was interested
also in the campaign made for Mr.
Fairbanks, in his state, and he had been
retained lo conduct the Fairbanks caso
before the committee in tho four cm
tested districts from Kentucky.
Camion Cuts Some Figure.
The allies concede that they aro
weakened by the non-concurrence of the
Cannon managers. The headquarters of
the speaker arc now under the direction
of Representative Frank O. Lowdcu,
Air. Cannon has nothing to gain by llio
contests, however they may bo settled,
as they would not be the beneficiary
in any case. Mr. Lowden is of tho
opinion that it is not good party poli
tico to precipitate a row in the Repub
lican ranks just prior to tho election,
and for that reason is not in sympathy
with tho movement to bolt the commit
too. Representative McKinloy, the chief
adviser in the Cannon camp, is not in
the eity, but is expected hero Monday.
What his position will bo is not known.
The effect of the non-prosecution of
tho anti-Taft contests would be to causo
the committco to seat the Taft dele
gates in each instance. These delegates
would go on tho temporary roll and
each ono of tho state delegations so
seated would name a momber of tho
credentials committee.
Taft in tho Saddle.
Sixteen moro Taft delegates wcro
added to the temporary roll call of tho
national convention today as the result
of tho determination of contests from
Florida and Georgia. The opposition to
Taft failed to score and tho slato was
wiped clean in favor of tho dolegatca
instructed for tho secretary.
Ono Florida district, the third, and
threo' Georgia districts, tho first, ecc
ond and third, wcro passed over until
Monday because representatives of tho
anti-Taft delegations were not ready to
proceed. Counsel for tho delegations
instructed for Secretary Taft moved
tho postponement and announced that
they dicl not desiro to take "snap
judgment. ' '
vigorous use of tho gavol by Chair
man New, and Mio interference of
friends, was all that prevented a per
sonal oucountor between principals in
tho Florida stale contests. The pro
ceedings were enlivened alHO b' tho as
sertion that Representative Butler
Ames of Massachusetts, v.iio is said to
havo engineered the a anti-Taft fight, in
Florida, was responsible for tho uso of
alleged forged tickets of admission to
tho state convention hall, This charge
was made" in tho form of an admission
by former United States District At
torney J.. N. Stripling, ono of tho anti
Taft contestants, who spoko in opposi
tion to tho seating of tho Taft delega
tion. It created a distinct sensation.
Claim of Forged Tickets.
Tho claim that forgod tickets had
been used for the purposo of packing
the convention hall had been mado by
Henry S. Chubb, state chairman, and
one of the delegates at large instructed
Continued on Puge Threo.
i Getting Ready for the uBig Doings' f
J. . i
wantFo AT Ml
Frank W. Fielding, Former Salt
Lake Bookkeeper, Arrested
at Oakland, Cal.
SECURED LOAN WITH REALTY
BELONGING TO HIS-MOTHER
Is Said by the Ogden Police
Chief to Be a
Bigamist.
Word was received horo lale last
night that tho authorities at Oakland,
Cal., upon tho request of Chief of Po
lice Browning, of Ogdeu, had arrested
Frank W. Fielding, a bookkeeper, form
erly of this e.it3', and thought to have
"been an employee of Sheets & Neol,
stock brokers in the Walker block, up
on the charge of embezzling about $300
from tho First National bank of Og
don. According to Chief Browning,
Fielding is also wanted at Seattle for
embezzlement. In tho event that tho
Washington officers do not opposo tho
requisition of tho Governor of Utah,
which will bo requested this morning,
Fielding, the Ogden chief says, will bo
returned to Ogden and prosecuted both
for embezzlement and bigam3, having
married Miss Anr3" Carter, a teacher
at tho Quinc3' school, there several
months ago, although he hnd a wifo and
two children in Salt Lake City. It was
stated b' S. R. Nee! last night, how
ever, that Fielding had been divorced
from his first wifo about n j-ear ago,
and this lends to dispose of tho bigamy
charge.
Second Offense.
Tho specific offenso for which Field
ing has been arrested was tho embezzle
ment about threo weeks ago of $H00
from the First National bank at tho
.junction city. He borrowed this sum,
it is said, putting up as collateral, with
out authority, real estato worth ."jSOO
and belonging to his mother, who, it
is thought, now lives at Manti. This
is said to havo boon his eccoud offoiiBe
of tho kind, ChioC Browning asserting
that Fielding at ono time tried a simi
lar trick successful at the. Utah Na
tional bank in Salt Lake Cityt tho in
tervention of his mother saving him
from prosecution.
In tnis latter instance tho mother has
refused lo make good the sum and tho
Ogden bank officers are determined to
prosccuto Fielding, according to Chief
Browning. II o is being hold nt( Oakland
ponding the arrival of requisition pa
pers and Chief Browning s.i3's ho -will
send an officer to California as soon
as theso can bo obtained.
Fielding is describod b3' men who
knew him hero as being somewhat of a
"high-flyer." He is only 2-1 3'oars old,
hut lias figured in a number of inci
dents which wero on tho verge of scan
dal. Up to a year ago. when ho is said
to havo left tho employment of Sheets
& Noel. Fielding bore an unsavory rec
ord. His wife obtained a divorce aftor
a sensational suit. Ho left Odeu with
his latest wife some time ago.
WILL TRY TO FLY FROM
ST. LOUIS TO CHICAGO
ST. LOUIS. June 0. Eucouragcd by
a fort3'-milo flight which ho made May
27 Inst, in a dirigible balloon, con
trolled by a steering apparatus of his
own invention, John Berry, a local aero
naut announced tonight that; ho will
next week attempt a flight from St.
Louis to Chicago.
Index to Today s Tribune
t .J.
v Departments. Pago 4-
J Editorial tj
r Minos 12-13 .j-
Markets '. J-
j- Society l'2-2t
;- Drama 2t !
V- MupIo and Musicians 2."i
r IiUcrniouutn!n ......27
4 Domestic.
I- Twenty aro killed nml others ' .5-
! lying' from tornado In southern .
-J- Nebraska and northern Kansas J.
Losses from Hoods In Montana ;
f will run Into millions of 4.
r dollars . . l .j.
I- Anti-Taft managers boldly n-.- 4.
! ctiso oommlttoo of prejudglnt- .'
r contests 1
Pittsburg bankers who stole .J.
r million pot off with' ten years in
n prison 1
''r Latest developments in political
-r circles ,1
Local.
I- City Is victor In Progress water !
4- suit 1
f- Utah Gas and Coko company !
4 buys gus business of Utah 4-
4- Light and Railway company. . .32 4-
4 Flood situation with tho rail- 4
4 roads 32 -
4 Modern Woodmen will strlvo for 4
4 triennial convention 32
4 BjRboralo preparations for II. C. 4"
! T. outing j 32 -J-
4- Sporting News. 4
4 Lelond Stanford wins second 4-
4 placo in Intercollegiate meet at
4 Chlcugo 10 -r
4 Multnomah wins tho - Northwest 4
4- Hold and track meet 19 4
Olympic team will bo selected 4
4 Friday 13 .J.
4. Utah Amateur league opens lu 4.
4 v
CLARENCE W. MACKAY
GENEROUS TO NEVADA
RENO, Nov., Juno G. Clarenco W.
Macka3r, his wife, and Colonel Georgo
Harvey, of Harper's Weeklj and tho
North American Review, arrived to
da3 Mr. Mackay is hero for llio purposo
of presenting to tho Uuivcrsity of Ne
vada the new mining building for tho
Macknj'. School of Mines, costing over
$120,000, and the unveiling of his fath
er's statuo, which cost .f32,000. Ela
borato coromonies will attend tho pre
sentation of the building and the un
veiling of tho statuo on Wednesda3-,
Juno U.
Social functions and entertainments
-began at tho university this afternoon
and will occup3' the time of tho dis
tinguished visitors until Wcdnosdnj'.
No Bail for Hitchcock.
NEW YORK, Juno 0, Raymond
Hitchcock, tho comedian who was com
mitted to the Tombs prison, without bail
ycstorda3', will probably havo to re
main a prison during his trial. Coun
sel for Hitchcock made un effort today
to secure tho consent of tho District
Attornoy to havo the comedian released
on bail without avail.
:- TWENTY-THREE MISSING; 4
ALL MAY BE DEAD
4-
SILVERTON, Colo.. June fi,
4 Tweut.v-threo men aro missing, 4
4' and mav be dead, in the Gobi 4
4 King mino at Gladstone as a 4
4 result ' of tho firo which de- 4
4 stro3'od the minG buildings last 4
4 night. 4
4J It was discovered today that 4
4 threo men wero missing,' and a 4
4 party of thirty-four went; into 4
4 tho mino to find them. Tho miss- v
4- iug men were supposed to bo on 4
4 tho fifth level, and when tho 4
4 roacuo party reached tho fourth 4
4 lovel thoy met with bad ah- and 4
4 gas. Fourteen of them man- 4-
4 aged to reach tho surface again, 4-
41 but twcnt3' were overcome. 4.
4 Two special IrainB, with 300 4
4 men, accompanied by doctors 4-
4- and nurses, wero sent to tho 4-
4- mino tonight from Silvortou, 4-
4 and late tonight a socond rescue 4
4 parti'" entered the mino. 4.
4-
4'4Ih4K"M4H-H-H-IK4H-H"M
"TES VEAflS" FOR
STEAUNGMILLIOH
Pittsburg Bankers Get Off Easy
After Confessing Their
Years of Crime.
PECULATIONS AT FIRST
WERE SMALL IN AMOUNT
Later Thefts Committed in Ef
fort .to Win Back Sums
First Lost.
PITTSBURG, Juno G. For the em
bezzlement of . 1,105,000 from tbo
Fanners' Deposit National bank, Uarry
Roiber and John Young, former paj'ing
teller and auditor, respective', were
sentenced to servo ten -ears each in the
penitent iar3".
Questioned l3r .Tudgo Young, Rciber
stated that ho was 4'J years old and
had threo children. Young said ho was
15 years old' ami married.
"I have nothing to 5.13' but that I
am eony to bo here," said Young.
"The affair started in a small wa3'
and I had first lost, all of my own
mouiy. " " .
"I took the 11101103- first to help Mr.
Young meet his monthly balance," said
Mr. Rciber. "1 did not try to mako
nuy money for myself. After wo lost,
we tried only to make up tho deficit."
United States District Attorney
Dunkln said both men had made con
fessions and had mado restitutions as
far as thoy wore able.
Attorney Ferguson, representing
Roibe.r, told the court tho shortage first,
started during tho Loiter wheat deal
in Chicago in 1S07. Young began this
speculation and lost $10,000. In an ef
fort to recover this loss, tho defalca
tion grew larger and two vears aco
Young censed stock operations, ami
Roiber became an active partnor in tho
effort to mako up the deficit. Believ
ing there was a chance to make up their
losses in tho stock of a lead and zinc
compaii3', they invested heavily and lost
again.
HOLD-UP KILLED IN
FIGHT WITH OFFICERS
PITTSBURG. Juno (5. A tragical
sequel to a number of hold-ups aud rob
beries in this vieintv occurred about
10 o'clock this morning at Elizabeth,
near here, when County Detective John
Englart shot 0110 of four men barri
caded in the farm house of John Pat
terson, a woodchopper. located a short
distnnco from Elizabeth, between Mc
Keesport. and Versailles. Detective Eng
lart was himself shot through the wrist
and side and is in a critical condition.
Patterson is" under arrest, but tho three
companions of the dead man, armed
with rifles and rovolvers aro holding
in chock a largo posse of officers and
citizons from Elizabeth. When word
was received of the shooting nt tho
county detective headquarters, an auto
mobile enrrying six officers was started
immediately for the scene. Upon their
arrival, it is expected a desperate bat
tlo will bo fought.
PROBABLY WAS VICTIM
OF MURDEROUS WIDOW
LA PORTE Inn., Juno 6. Mrs. E.
Mario Svenkerud, Christiana, Norway,
through the" Swedish consul in Chicago
today mado inquiry of Sheriff Smutzor
lor her son Olaf Jensen, of Capron,
Ill..who in 1900 left Chicago to marry
a Norwegian widow living on a farm
near Laporto. Jensen has novcr been
hoard from siuco,.
MflTME DEAD
H OTHERS QYIHG
Tornado Which Swept Southern
.Nebraska and Northern Kan
sas Wrought Havoc.
DEATH LIST MAY GROW
WHEN DETAILS ARE OUT
Communication Cut. .Off From
Towns; Property Losses
Heavy.
OMAHA, JnnoG. The tornado which
passed over southern Nebraska and por
tions of northern Kansas Fridaj even
ing was tho most destructive and cov
ered the most terriloiy . of .-1113' similar
storm which has visited the Slato in
ma 113- years. At least twent3'-onc per
sons are known to bo dead, six fatally
injurod and a .score of others moro pr
less scriousb hurt, some of 'them dan
gerously. In addition, reports received
tonight stale that several persons" wero
killed at. the towns of Bj-ron, Neb., and
Courtland. Kan., which towns havs been
cut off from communication with tho
outsido world.
A revised list of tho casualties is as
follows:
LULU SMITH, domestic, at Shivcly
home, near Geneva.
IRENE S1I1VELY, agod I years, near
fieueva.
MRS. MAUD CARTER at Carlcton.
BAB V CARTER at. Carleton.
TWO CHILDREN of Mr. Small, hear
Guide Rock.
1IEXRV MADISON, near Franklin.
MRS. AUGUST FENTELL and 17-3'ear-old
sou, near Uicklcv.
ELIJAH ARGENBRlGIfT, near
lliekley.
ItA BY FLAMING, drowned, near
Fairfield.
TWO DAUGHTERS of Mrs. CHIT
Simpel, near Bvrou.
ONE ENTIRE FAMILY, four to six
members, names unknown, all near
Byron.
Fatally Injured.
JOHN SUlVEhY, (fcnov.1.
ROSS S HIV ELY. Geneva.
JOHN MERRTAM. Uicklcy.
PRESS BAILEY", Carleton.
AUGUST FENTELL. Jltaklpy.
MRS. CLIFF SIM PEL, Uicklcy. "
Seriously Injured.
Mrs. John Shiveh', Geneva.
Edward Russell, farm hand, Geneva.
A. F. MeRoynolds, Fairfield..
Mrs. Young, near Guide Rock.
Mr. and Mrs. Gro3 near Rivorlon.
Mrs. Bennett, near Geneva.
Lester Cartor and second child, Carlo
ton. Mrs. Austin and one child.
Deluge Follows Wind.
Following tho tornado a hard rain,
which lasted well into tho night, f-oaked
the storm-stricken suffcrors, making
their lot doubh' hard.
Maii3' of them wero absolutely with
out shelter aud tho storm occurring so
late in the evening mado it impossible
for them to seek either shelter or re
lief during the night. Wire communica
tion being eutirolv cut t olf with the
stricken district full details aro hard to
obtain, but indications aro that tho list
of casualties will run" still higher.
Tho homo of Lester Carter was de
molished and his wifo and bab3' killed,
while Carter himself and another child,
received possibly fatal injuries.
At Geneva tho storm wrought great
destruction.
At Fairfield moro than l'ort3' build
ings wore more or less wrecked and
some of them, including throo churches,
were demolished. The loss there will
exceed $100,000.
In the vicinity of Uicklcv farm
houses received the brunt of tho storm,
and one or more fatalities aro reportod.
with a number receiving injuries, some
of which will prove fatal.
Communication Cut Off.
Serious damago is reported from
B3T011, ten miles west of Chester, at
tended 03- considerable fatality-, but no
details could be learned. All the bridges
were out and communication bv tele
graph and telephone is entirely cut
off.
A telephone message from Htird",
Neb., says tho town of Courtland, Kaii.,
just across tho Nebraska line, was
struck by the storm and that several
casualties occurred, but. lack of com
munication makes confirmation impos
sible tonight. Trains in all directions
aro abandonod because of washouts and
destr03-ed roadbeds.
The storm has covered such a wide
area and been so destructive wherever
it touched the earth that it has almost
caused a panic among the rural inhabi
tants. Hundreds of farmers drove into
tho towns last night and today seok
ing shelter, many of them being homo-less.
Only Meager Reports.
SUPERIOR, Neb,. Juno G. A tele
phono message from Byron says that
Friday's tornado struck Phillipsburg,
Kan., destro-iiig the greater part of tho
town and killing several people. Tho
town of Courtland, fifteen miles east
of Phillipsburg, was struck and sev
eral casualties was the result. It is in
definite whether both towns were suf
ferers or whother the two reports cover
tho same tornado. Details will hardlj
get through tonight unless by messen
ger, as all kinds of communication aro
cut off.
Dozen Houses Dostroyed.
DURA NT, Okla., Juno G. A tornado
which swept over a torritoo' twelve
miles west of Durant lust night do
stro3Tod a dozou farmhouses, and, with
a, heavy, storm of hail which accom
panied it, did damage estimated at
$150,000, A number of persons arc re
ported injured, none fatall3r.
SALT LAKE VICTOR I
Judge Morse Renders Exhaus- I
v live Decision in Famous I I
Water Litigation. I j
RIGHT OF DEFENDANTS TO f J j
BlG COTTONWOOD INVOLVED '
1 ' 111 1
Stream's Flow Adjudicated in i" j j
Lengthy Decision of I SI N
District Jurist. ' . S i
Judgo Morse rendered a decision in ! .1
the third .district court Saturday in tho
noted case of tho Progress company 'llfr:'
against Salt Lake City and nearly 500 ' lJt )
other defendants, and which involves Mlifl J
tho rights of the various parties to tho ITJ J
waters of Big Cottonwood creek. ' Tho lujj1
Progress company, which operates a w
powor plant at Murra3', based its claims ttjll '
upon an appropriation made by Brig- j
ham Young in .1855, and sought to es- . wlj
tablrsh its right to a much larger flow . ff-W
of water than the city and the other , Mf 't
defendants would admit that it was en- ' lljl1
titled to. The decision is a victory for ' Biul '
thp eft y, in that it establishes tho I rfift '
rights claimed b; the cit- and limits IWtnl
the uso of the water by "the Progress 'SWtl
company-. it y I
Under the decision, the rights of tho )U t-,
various parties are adjudicated. Acorn- il2'H
missioncr will bo named by Judge Morsa 11 A ;
to further investfgato the matter and If
report back to the court, when a sup- 'nl
plemental report will bo issued. ' I
Long-Standing Litigation. 11:
Tbo city acquired its right to tho il j jj ' J
water which it claimed in Big Cotton- flj'ilt5
wood by exchanging its water, rights 1 ' -l! '
from Utah Jake. Tho rights in Big J J '
Cottonwood secured bv tho city had a fl)
been appropriated and used prior to 1 fi
that time bv the Big Ditch Irrigation ! I -j
company and the Small Ditch compan3', jl i
known as tho Hill Ditch," tho water ap- Jit 1
propriatcd by those companies being 4 j
used for irrigation purposes. Thoso (kjl
rights were acquired under tho Demo- lly 4
cralie administration of Ma3or Morris in
n 1905. , ill ! .
In 1S70 all tho water of Big Cotton- ' ;
wood was appropriated by the threo , Bju )
companies named (and " twenty-one ' jnw' :
others, but tho amount of water al- 4-lltii'-
lowed to each was never judicialh'-do-' j jn,';'
termined, and there was much " con- w- J?
troversy among the irrigators thenl- ' Cvj j
selvos. At that time a board of arln- , 1 ; ' ' '
(.ration was appointed and tho water ap 'i ' V
portioned, but all the. irrigators did not. j : j
agree to be bound b tho decision of f
the board, so that the question in con- 'it'
trovers3 never has been settled, al- ' I
though'it. was pacified by the decision ,i 1!
of the arbiters. " 1 .'1 If
Building of Conduit. '''.lE
After tho eity acquired its right in iK
1005. tho construction of tho conduit ''fill
was bogun. ' Then the American admin- il ft j
islration began under Mayor Ezra lilt A
Thompson, and what, the city claimed illf i
as its supply of water was turned into ill' 1
the conduit. This was in February, .III M
190G. and immediately upon tho city "lif i
turning this water supply into the con-' ; ,'Jll :
lui t the Progress Power company, a ill
corporation at Murray, brought suit to ! ' '11
enjoin tho city from diverting tho ill1
quautit of water which it claimed, tho rill 1
company averring that it. had a prior 'kjl '
right to the flow of all tho water , rji j
during tho season from October .1 to )m 1
April 1 of each 3'car. Tho court, upon ;JSJ1 a
the demand of "tho company, grantod j ;'jffl ;
the application for an injunction. . 1 1 rfu !"
Pending the fiual hearing of the caso ' III v
a compromise agreement was reached . Aft -
.botweeu the city and the powor com- j. yli
panj'. by which each took one-half of i fllfc ''
tho water involved by the order of the ' . Sfilf
court, and under this arrangement tho ? 1 fl w
city has takeu wator pending the de- ' . ! IJM j
cision mado Saturday. During the ir- WAm )
rigation season tho diy took tho share ijM ?!
that it claimed to have acquired through 1 HI
the oxchange of water rights which .fflllllJ
was approximately twenty-seven six- B IitL'
tioths 01 tho entire flow or the creek. I tilf 1
After the hearing on the injunction 1 ' lt "
tho court decided to continue the final m '
hearing of the caso until such lime as 'ft p
all users of water from that source ,vr 'd
could be made parties to the action. " J j ', . ;
Tho pleadings were then amended, and 'II is
all tho water users were made parties 1 j! W
to the suit, and the decision of Satur- f r
da3' quiets title to all tho waters com- il ,-"
iug ironi the Big Cottonwood source, j ) ? j
so that it should bo an end. to an3' fur- j y -i
ther litigation so far as this creek is r I'V
concerned. 1 f !'
Tho city based its claim principally ! j ' 'r
on the purchase of the Knuusen right, ! ,
which was the oldest power right on , j; j
tho creek. Under tho Alorris adminis- 1 i ' 1
tration, suit was begun lo condemn this . j! 5
right. Kuudsen asked $100,000 for his - V 1
privilege, but under the administration I .
of Mnyor Thompson in 190G this matter I! 1 .
was compromised bv paying Knudseu j! !
SS0.000 and thus securing tho right. jj ' i
Judge Morso's opinion "follows in lull: jl' J
It appears from tho evldouco In this r 3
case that lonjf prior to tho bringing of T I
this action, all of the waters of thp Ultr if 1
Cottonwood 1:100k, except possibly In po- ; f j
rlods of extreme blub water, bad been , ' f fT '
appropriated for beneficial uses by the ' b .
several partlea to this action. -' JIJ!
Dates of Canals. ' .j ? ;
J find from the evidence that the varl- J) k
oua canals used for tho diversion of 'a- II 1
tor from the creek for Irrigation purposes. At I
wore constructed In tbo following years: Jl
Tunmsr. ISIS: Green. ISIS; Big. IS IS;
Wnlkor. IS 10 ; Hill. 1S51; Farr & Harper. ! 1
ISTi": Xowinan. 1S54: Upper, 1S5G; Lowor '11' V
Canal. ISfili; Brown S: Sanford. 1SG!; Low- ' fl ( v
cr TSlHson, 1S72; Butler, 1S72: Ungloy ' J
KnudHon. 187ti; Kmulson, 18S3: McGhlc. " , Jj j
1SS-1 ; I'ppor Allison, 1SS-1; Harper t Tay- I . 13
lor. lSSfi: Sevorson, 1SS7 Busier, JSJH. R
That In the year 1S5C a race was con- 1 1 J
slnictcd for tho purposo of taking' walor ' M .?
from the Blj; Cottonwood creolf, to be J L! j
uhc1 for powor In operating a mill located. , Jf, II
upon State stroet, and water was taken ' J I
through this race and conducted to thla ,11
mill during that year. AVhnji this l-aoe, j I
which Is known and referred lo In tho I' 1
evidence as the Cordon race, was first j j