The Salt Lake tribune. [volume], June 07, 1908, Page 2, Image 2

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

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Hi' l
H; a THE SALT LAKE TRIBUNE, SUNDAY MORNING, JUNE 7, 1908. J,
H colwxeioii. It derived practically nil of
R:' thn water which wua u&od through It
ftj trmj Uio Dlir Cottonwood stream, It ap-
B'l Jtsaf. however, from t he evldcnco that
1 the stream known as Llttlo Grcon river
B duplies Into this mill moo imd that n.
t ntreain known nn Spring creel: emntloH
H Icto rliD Bis Cottonwood stroam above
H unci tlio near tho point whoro t!io water
.i Is taken from tho Bit; Cottonwood Creole
Bj ,n' t1- m'!1 r.nv. It also uppers froin
J the ovidon'-e that tho Mow of tho water
K In both Little Green rlvor and Spring
fi ere ok hnr, Increased Blr.cc tho time of tho
H- conht ruction of this mill race, to ouch an
K extent thu n large part f the water
Ki which has been usod through this mill
raco for Ihu last twonty-flve or thirty
ml ywira, lion conic from Uioso etrciuns. 1 ho
1 i-ltt-tntllT la now tho owner of thl3 mill
7co. and of tho wator rights that tho
n former owners of tho raco had, and tho
vi plaintiff has constructed and la now on-
HtV err. tin? by mcana of wator taken through
H- -n,c race, a power plant locatod pracll-
Hl sully at tho same point at which tho
vL flour mill mia erected In 1S56.
Erect Miller Mill
W In tho veor lStil, a mill known ns tho
H; )M titer nilfl was ei'ectcd and a raco ccu-
Hj Btnsoted. which took wator from tho Big
a Cottonwood Gtrcain, for the purposes of
i furnlchlafr powor for tho mill. This mill
1 was locAtod upon or near Sprlnjr crook,
j and tho waters from Spring crock wcro
B" usod In connection with tho wators from
1; Big Cottonwood creek, for the purpose
Y of furnl3::ing power necessary to run tho
H mill. A.s the (low in Spring creek ln
creased In volume, less wator was taken
m- from the Bis Cottonwood crock, until
'f f.nallv the raco and the use of wator from
Hn tho his Cotloiiwood creek was aban-
K doped, and for many years no water has
been taken from tho Big Cottonwood
stream for tills mill. Tho plaintiff is now
r tho owner of all tho water rights which
K were used In connection with this mill
1 hia has erected and Is now operating by
B i muaiss of wator taken from Spring creek,
i n ' power plant at tho placo where this
1 mill was located.
B ' ; In tho year 1000 the defendant, Rudolph
' Knudson, commenced tho construction of
a raco for the purposo of conducting wa-
V tar to a powur plant, which he contcm-
V plated erecting. This raco was completed
v and water taken through it to a plant
i which ho constructed In June, 1906. Tho
n plain tUf is tho owner of one-hrilf of this
power plant, together with the water
rights ccnncctod thcrowlth. The rights
I acquired by Mr. Knudson will be con-
sidcred and roforrcd to moro In detail in
BB connection with the claims of the do-
BBBBl rendant Salt Lake City, to take wator
Into its conduit.
BBBK Each of tho other defendants claim the
BBBji right to tho tisc of tho waters of Big
BBH! Cottonwood creek for power, irrigation or
BBBu culinary purposes, and their several claims
BBH will be referred to later.
BBBB
B Shortly prior to tho year 1S7P contro-
BBBi vorslos arose with reforenco to the rights
BBBB' of tho sovoral water users under the varl-
Bk ous canals, which had theretofore been
BBBB. constructed, and through which water
BBBB was being taken from tho Big Cotton-
BBBjv wood stream for irrigation purposes, and
BBJ ,i with a view of settling theso controvor-
flBBj I flcs nn attempt was made to submit the
BBB ' matter to arbitration, and nearly all of
BBJ x tho water users Joined In this submission.
BBJ ' It appears, however, that neither tho
BBBj ownors of the Gordon mill race, or tho
BBj mill which was supplied with water
BBBJ through it. nor tho Millor mill, particl-
BBt patcd in any way in this attempted nr-
BBB bltratlon, and thero wcro aonio of tho
BBC persons who used wator from tho stream
BBJ for irrigation purposes, who did not sub-
BBJ i mlt their claims to the board of arbitra-
BBJ tors, - nor in any way particlpato in tho
BBJ arbitration. Tho board of arbitrators who
BBj had been selected and who acted, sub-
BB ; mittcd and filed in court a report of their
BBj proceedings, and attempted to establish
BBj . a schedule of division of all of tho wa-
BBj tcra of tho Big Cottonwood stream among
BBj tho parties entitled to the use of tho
BB tame, and It appears from the evidence
BBt ' that from the time of tho filing of that
BBj report until the year 1901, persons wero
BBj selected by the owners of th'e several
BBj j canals and ditches, who wero designated
BBj and called water dividers, and that these
BBJ water dividers, during the irrigation sea-
son of each year, divided tho waters of
BBBJ, the stream to tho several ditches ns near-
BBJ ly according to the schedule as reported
BBBJ by the hoard of arbitration, as they wcro
ablo tc do. It also appears from the cvl-
BBBl dence that during nil, or a greater part
BBBbJ1 of that time, some of the water users un-
BBBl dor some of tho dii lies mado objections
BBBj to the quantity of water that was appor-
BBB t toned by tho dividers to tho sovoral
BBBr ditches through which they took water,
BBJ? but It docs not appear that, during any
BBJ- of that period, any of tho objecting par-
BBBJ tics made any contention they were en-
BBB titled to as of right, by reason of an ap-
BBB propriation prior to that of any of the
BBH other parties included In the attempted
BB arbitration; but tho objections seem all
BBH to have been based upon a contention
BBH that the distribution being mado by tho
BBBM' dividers was not an equitable dlstrlbu
BBJh Hi Arbitration Not Binding.
. From all tho facts shown by the evl-
BH denco relating to' this attempted nrbitra-
BBBL tlon and the conduct of the parties sub-
BHI ncquent thereto, I am of tho opinion that
BHj any superior right that either or tho
BBH dljches might have had by reason of
BHJ priority of appropriation, was completely
BHl waivod and abandoned, so that while 1
BH4 do not regard the proceedings in tho at-
BBH!( tqmpted arbitration as binding upon any
BHJ of the parties, yet I think tho several
BH rights of tho parlies using and entitled
BH to the use of water in 1879, should now
BH! ho determined by; tho court a though
BH) their various rights were initiated at tho
BBH bamo time; and in determining tho pro-
BBH portion of wator flowing In- tho stream
BH , to which tho several parties are entitled,
BH L'havo taken as being tho most conven-
BH lent basis for division, tho samo method
H of division, 1. e., by dividing tlie flow of
B the strsam into sixtieths, and regarding
BH , one-sixtieth as one share.
' 1 find tho Irrigation season to be from
H the first day of April to the first day of
BH October, and 7 Und that during that pe-
BH nod of time of each year the several ap-
BBh propriators of water for irrigation pur-
poaes aro entitled to all the water fiow-
BBH . ing in the stream at and above tho upper
H Intake of the IIIJ1 ditch, when the water
Jn tho stream does not exceed 35lj ru-
BBH , bin feet per second.
BBH I further find that when the water
BB flowing in tho stream during the irrlga-
BB tlon season does not exceed 120 cubic feet
H per second, tho following named ditches
I and canals are entitled to all of the va-
BBH r .in tho street" at and above said Hill
BBB ' ditch intake, to bo divide among the
BH ?ttl3 ditches and wator user3 according
BH ( . tho following schedule. And this sched-
B ule Is determined by tho court from the
BBH number of acres for which each of said
. ditch and canal companies woro entitled
Mi to wator at the tlmo of tho attempted ar-
BBHg bitnitlon, modified by tho charnct'or of
BBH tho land and duty of water aj shown by
BJ
H ' Graduation
HI t Presents
One of tho wlsost and most ao
cepta-blo presents for a young
man or young woman about to
graduate from tho schools is a
Hi Savings Account
H; Pass Book
Hj With a certain amount credited
therein. Maintaining a savings ac
count affords good training in
i methods of business and develops
HH 'habits of thrift and economy.
; This company invites savings
1 accounts in any amount from
$1.00 upwards.
H Salt Lake
H! : Security and Trust
Company
H ITo. 34 UP. MAIN STREET.
l -
f tho evidence, no as to- equallzo their sev
eral rights. '
Water Apportionment.
Thus, somo of tho luinals in this do
termination aro considered ns having a
greator numbor of acres than tho cvl
donco showa thoy had at that tlmo, but
the oxcess is computed and added with
reforenco to tho oharactor of tho soil and
tho duty of water, and upon this basis
I find tho acreage and numbor of shares
(sixtieths of tho stream) to which each
of said canals is entitled, to bo as fol
lows: 0 CTET
Name of Canal. . ? g
5 o
1 "
Butlor 70 7rT
Brown & Sanford 00 3.G
Upper Canal l4S0 iO.n
Upper Ellison 100 .7
Newman 40 .3
Tanner. ...... 1800 13.21
Green 742 5.3
Walker 45 .32
Farr & Harpor 04 .5
Lower Canal S1G 5.8
Big 2400 17.1
Mill . , 300 2.13
Bagloy &, Knudaon I .01
I find from tho evidence that when tho
wator in tho stream during tho irrigation
season oxeceds 120 cubic feet per second,
and does not excfd 351J cubic feet por
second, that all of tho parties taking wa
ter through tho various ditches for Irri
gation purposes aro entitled to take wa
ter from the stream In proportion to the
capnclty of their several canals, nnl
which Is as follows:
Capacity Shares or
Name of canal Soc. ft. Slxtlethe.
Butler 10 1.71
Brown and Sanford ...50 8.52
Upper canal 60 10.23
Upper JSlllson 9 1.54
Newman 4 .69
Tanner 60 10.23
Green ,24 4.09
Walker 3 .51
Farr & Harper 1 .09
Lower canal 30 5.12
Big 60 10.23
Hill :. 7 1.21
Lower Ellison 8 1.37
McGhie 10 1.71
Harper & Taylor 4 .69
Scvorsen 4 .09
Bagley 3 .52
Knudson & Bagley 1 .17
Knudson j .08
Tho quantity of water flowing In tho
stream shall bo determined by measuring
tlfe wator tlowing into each of the sovoral
canals and dutches, and tho aggregalo of
this measurement shall he deemed the to
tal flow of tho stream. ,
Harpor & Taylor Ditch.
Of tho water awarded to the Harper &.
Taylor ditch, the following named parties
are entitled to the use of the samo In the
following proportion: Charles A. Harper.
2-5; James A. Taylor, 2-5; Androw Jen
sen, 1-5. during his life, and aftor his
death Mary Knudson, Cathorino Grantor
and Margaret Poulson each an undivided
one-third of such one-llfth.
Of the water awarded to tho Farr &
Harper ditch, the following named persons
aro entitled to tho use of the samo in
the following proportions:
Chnrles A. Harper, 211 sixty-fourths;
Frank Walker. 20 sixty-fourths; Milo An
drus, 7 sixty-fourths; J. M. Piepgrass, 7
fixity-fourths, and L. S. njlls, 5 sixty
fourths. I And from tho evidence that Julia Gun
dorson is entitled to use all of tho water
awarded to the Uppor Ellison ditch 19.2
hours In each eight days; that Clesson S.
Kinney and Robert Green are ontltled to
uso such water 45 hours In each eight
days; that Lawrenco Romnoy is entitled
to use such water 32.55 hours In each
eight days; that Victoria Romney is en
titled to uso such water 19.2 hours In
each eight days; and that Jennlo Frol
Beth Is entitled to use such water 76.05
hours In each eight days.
Of the wators awarded to the Lower
Ellison ditch, tho following named per
sons aro entitled to take tho samo In the
following proportions:
Mary Judge, ;; Clesson S. Kinney and
Robert Green, i; Joseph Marlott, i; Julia.
Levi and Gcorgenno Gunderson, 1.
Progress Company.
That during the irrigation season the
plaintiff Is entitled to take into tho Gor
don race all of tho water of Big Cotton
wood stream flowing In said stream at
the point of the intake of said race, also
all the water flowing in Little Green
river at the point whore said race crosses
said Little Green river, to be used by it
for powor purposes at its power plant lo
cated at or near State street, and also
for culinary and domestic purposes; tho
whole not to oxceed 150 cubic feet por
second.
That during tho irrigation season tho
plaintiff Is entitled to take from the
waters of Spring creek for power pur
poses, to be used at Its power plant known
as tho Miller plant, all of the waters of
eald stream not herein otherwise award
ed. . That tho plaintiff and Rudolph Knud
son aro entitled during the Irrigation sea
son to take from tho Big Cottonwood
stream all of the waters thereof, not
awarded to other parties to bo diverted
above the intako of their race, not to ex
ceed seventy-live cubic feot per second,
to bo used for powor purposes at the pow
er plant known as the Knudson plant;
such water to be returned to tho stream
undiminished In quantity and unimpaired
In quality.
In the year 1904 the' defendant, Salt
Lake City, procured options to purchase
or exchange other water for tho wator
to which tho Lower canal, the Big ditch
and tho Hill ditch wcro entitled, and Im
mediately thereafter began the prelim
inary work of locating and constructing
a conduit for tho purpose of conveying
water to Salt Lake City for the uso of
the inhabitants thereof. This work con
tinued through the spring and summer of
1905, tho conduit being flnallv located In
August, 1905, tho contract for Its con
struction being let In September, and the
wrk of construction being actively com
menced In October of that year, and from
that time prosecuted until Its completion
on February 5. 1907.
On the 27th of June, 1905, pursuant to
the options procured by tho city In 1904,
the city received a formal transfer to
It of the rights to the uso of wator by
tho owners of tho Big ditch. Lower canal
and the Hill ditch.
Placo of Diversion.
The points at which the water was
diverted into the Big ditch, the Lower
canal and the Hill ditch were all below
the point at which tho plaintiff and tho
defendant Knudson divert water Into what
la known as the Knudson rnce, for tho
purpose of furnishing power to the eloc-"
trie power plant constructed by the de
fendant Rudolph Knudson; nad the point
at which tho city diverts water Into Its
conduit is abovo the point of diversion
Into the Knudson race; and the plaintiff
and the defendant Knudson contend that
the city shall not bo permitted to make
this change of the place of diversion, con
tending that their rights to the use of
tho water for power purposes through
this race aro prior and superior to tho
rights of tho city to make this change.
Tho facts an shown by tho evidence
with relation to the construction of tho
Knudson raco and plant, were In sub
stance an follows: In 1900 Mr. Knudaon
commenced tho 'construction of a raco,
performed somo labor each year up to
and including 1903. at which tlmo he
placed a dam at the head of the race in
Big Cottonwood creek and filled his raco
with water. At thl3 time, however, ho
had no power plant or other boneilclal
uso to which to apply this wator, and
during the years 1903 and 1901 he de
cided that it would be necessary in ordT
to carry Into execution his plans with ref
erence to this water power, to change the
location of hla race, and In 1905 he com
menced the construction of another raco
located upon higher ground, and which
ho completed in the spring of 190G, at
which tlmo ho constructed his power
plant for the purposo of generating elec
tricity, and in June of that year for tho
first time ran water through his raco
and Into his power plant, and began Kb,
operation by means of such water.
Mr. Knudson did not in 1900. when ho
commenced the construction of his race,
nor at any tlmo thereafter, post nor fllo
for record as required by the law In
forco in this State at that time, any no
tice of his Intention to appropriate water,
and In fact made no attempt whatever
to comply with any of the provisions of
law relating to tho appropriation of
water. I am of tho opinion that his
rights under this appropriation must bo
deemed to have nceruod and bocomo vest
ed at tho dato upon which ho llrst ap
plied tho wator to a beneficial uso, that
in, on or about tho first day of June. 190G,
and that In ordor to havo bin uso of tho
wator rolato back to tho tlmo of com
mencing work, ho should havo compiled
with tho provisions of sections 1268 and
1269. Rovlscd Statutes.
Antedates Knudson.
Tho city, having procured tho water
from tho ditch companies, and having
surveyed and located this conduit and
commenced tho actlvo construction of tho
samo before Mr. Knudson's right accrued
or bocomo vnstod, and no notlco being
provided for or permissible by law. of an
Intention to chango tho point of diver
sion of water, 1 am of th6 opinion that
tho city Is entitled to take Into its con
duit and convey to Salt Lake City, the
quantities of wator to which tho Big
ditch and tho Lower canal havo hereinbe
fore been declared to be ontltled. Co.
With reference, however, to tho water
to which tho Hill ditch Is entitled, I find
from the ovldonco tho facto to bo that
for many years during tho irrigation nea
fton of each year, except periods of high
water, a tight dam has been maintained
at tho head of tho Big ditch, which is lo
catod above tho point of Intako of tho
Hill ditch, and that the entire quantity
of water to which tho Hill ditch was
shown by tho ovidonoo to bo entitled
uroso In the bod of tho stream below the
Big ditch dam. I therefore find that it
would be an impossibility for the city lo
toko this water Into Its conduit.
I find from the evldcnco that tho Utah
Light and Railway company is entitled
to take all of tho waters of Big Cotton
wood creek nt a point approximately one
thousand feot abovo what la known as
"Tho Stairs," and convoy It through its
pipes and flumes to Kh power plant, re
turning It to tho stream abovo tho point
of diversion by tho city and Brown &
Sanford ditch, undiminished In quantity
and unimpaired In quality.
Meadow Tunnol.
I find from the evldcnco that John
Branberg, E. Gustav Branborg and John
C. Barnard havo developed wator by run
ning cortaln tunnels, known as tho
.Meadow tunnel, tho Gustav Adolph tunnol
and tho Clara N. tunnel, upon mining
groiind owned by said parties, and that
thoy are entitled to use the water so de
veloped for culinary and domestic pur
poses, and aro entitled to conduct tho said
water through ditches constructed by
them to tho Big Cottonwood stream, nnd
commingle tho same with tho wators
theroof, measuring ouch water at tho
point where it is commingled with said
stream, and to retake tho wator at a
point lower down upon said stream for
tho purpose of Irrigating 100 acres of land
owned by thorn; deducting, however. 10
per cent of such water, which Is found
by tho court to bo the loss by seepage
and evaporation In tho conduct of such
water whllo in the Big Cottonwood
stream.
f And from tho evidence that Richard
D. Maxfleld Is entitled to tho us"o of water
from tho Big Cottonwood stream for cull
nary and domestic purposes nt his resi
dence near what Is called "Tho Stairs,"
and that during tho period when tho wa
tor in the stream exceeds 120 cubic feet
per second, measured as hereinbefore
designated, he Is ontltled to the use of one
cubic foot per second, for tho irrigation
of seven acros of land.
I And from the ovldeivo that the claim
of Charles lloboror, Mildred Heborer.
Delia Clays, Kate Harrington. William C.
Rltter, and Charles Rlttor, for water to
Irrlgato ten acres In soctlon 23, township
2 south, rango 1 cast, has not been sus
tained by the ovldoncc. and thoy aro not
awarded any water under said claim.
Culinary Wator Claims.
The following named defendants, to
wit, O. W. Powers, William II. Brighton.
Mary W. Crltchlow, Anna M. Lowe,
Franklin Webb. William C. Hall. Richard
W. Young. J. II. Brown. Elmer E. Dar
ling, T. D. LevIs, Ncrl Butler, Caroline
Flowers, Will Reeco, Horace G. Whitney,
Emmorette S. W. Pypor. J. T. Croxall. M.
11. Walker, D. F. Walker. S. S. Walker
Estate company, tho estate of .T. R.
Walker, deceased: Janet Rogers. John T.
Buckle. Julia E. Rawlins. Adelaldo Hamp
ton, Myron G. Brooks. Kato K. Lawrenco
Young. Roslna Godbo, E. W, Druco. I. M.
E. Anderson. Samuel McNutt, George F.
Goodwin. Frank Knox. Carollno Sadler,
Cathorino A. Brockbank. Florence D.
Morris. Robert A. Brighton, the Great
Western Gold and Copper Mining com
pany, John Dubcl, Robert T. Odcll. Jamos
IT. Moylc. Emma S. Ellerbeck, Sarah E.
Kanick. J. M. Thomas, H. B. Colo and
Anna Hooper Calne, nro each entitled to
tako water from tho stream for culinary
and domestic purposes according to the
stipulations that were entered Into during
the trial of this case by tho respective
parties thereto.
Tho defendant Nerl Butler, In addition
to tho uso of water for culinary and do
mestic purposes as above, is entitled to
tho further uso of water for tho operation
of a small wator wheel, for the purpose
of running a washing mnchlno and churn,
according to tho stipulation entered Into
during the trial of the case
Tho Maxfleld Mining company Is entitled
to the use of wator from a spring on tho
easterly sldo of Big Cottonwood creok
abovo the main workings of their mine,
for culinary and domestic purposes, and
also entitled to tako from the stream at
the point at which their, dam Is construct
ed, and known as mill A, wator sufficient
to 1111 a steel pipe forty-four Inches in
dlamoter. tho length of which is 700 feet,
for powor purposos, tho samo to bo re
turned to tho stream undiminished in
quantity and unimpaired In quality, ac
cording to the terms of the stipulations
entered Into during tho trial.
Silver Lake Storage.
Tho defendant Taylor-Armstrong Lum
ber company Is entitled to take water
from the Big Cottonwood stream for culi
nary and domestic purposes, necessary for
the conduct of its hotel at Brighton, dur
ing the months of May. June, July. August
and September of. each year, through a
ME SAVES A
POOR NEIGHBOR
AT. J. Phillips is n. dealor iu school
supplies in Muncy Valley, Pa. lie has
a heart in him big enough for nn ox.
A mombcr of his family was afflicted
with a supposed incurable case of kid
ney disease. Ho heard of Fulton's Com
pound and the usual results ar.o follow
inp. The postscript to his third and
last order shows the human uido. Wo
quote:
"Divide tho dozon in two packages.
Send half n dozon to mo and the other
to Miss Emma Welsh to tho address
j below. Sho is a poor girl and the doc
tors had civen her up. Mrs. Phillips
rruva her some of your medicine and
sho is nearly well.
A similar caso centers in Quincy,
Mass. P. S. "Roney of that city wrote
to tho Owl Drug Co. of San Francisco to
6end a course of tho 'medicine C. 0. D.
A young Indy, daughter of a widow, a
neighbor of his, was jriven up by the
physicians. Ho -wrote that it was a
case of extreme kidno3' disease and that
it was a pity to see a 3'oung girl in
that plight if thero -was help for it. Ho
had hoard of tho treatment, but did
not know the name, ho sent all the way
to tho Owl Di'.ug Co., iSan Francisco.
We saw that tho caso was urgent and
wired him that tho now treatment re
ferred to was Fulton's Ifenal Com
pound and that he could get it at .Taynca
Drug Storo, 50 Washington St., Boston.
Exactly twenty-eight days after the
dato of our telegram, Ifpncy wrote us
that ho went to Boston, got tho treat
ment and that the girl was well on
tho road to recover, and that the
mother of tho girl was recommending
it to their friends.
Fulton's Renal compound is carrying
hope to thousands ot homes that aro
clouded with tho presenco of kidney
disease. It is tho first successful treat
ment for kidney trouble of moro than
six months' standing-
F. J. Hill Drug Co., 80 West Second
1 South Street.
ditch known ns the Walker & Anderson
ditch; and to maintain a dam for tho
Btorago of water In Silver lake, to a point
throe foot abovo tho natural outlet of
Bald lake, such water to- bo used for the
purpose of Irrigation.
The defendant, the Mountain Lake Min
ing company. In entitled to take and uso
water from the stream for culinary and
domestic purposos.
Tho defendants Frank E. and E. C.
Bagloy are entitled to water from Bear
Trap fork. Willow Patch fork nnd Silver
springs, for watering atock, and for cull
nary nnd domestic purposes, according to
tho stipulations entered Into during the
trial of tho case,
IT. A. Bagley. .T. W. .Boyco, Inane Fer
guson, Isaac Ferguson, Jr., George A.
Boyce, Thomas IT. Pierce, Alexander Dalil.
Charles Roynolds, William Reynolds, Asa
Reynolds, William Boyce, Brlgham Smith.
John B Hansch. Joseph H'bbn. William
W. Smith, J. C. Walkor. Frederick I'ng
rlcht, Ray ITufakcr. Johannah A. Tarpcy
and Grant C Bagley are each entitled to
toko water from Spring croek for Irriga
tion, culinary and domestic and flsh pond
purposes. In the quantities and under the
torms contained In tho stipulations en
tered Into during tho trial of the ca-se.
Tho defondant Alice E. Moylo Is ontl
tled to tako and use for Irrigation culi
nary and stock purposes, and for tho pur
, poso of raising Mali, tho waters flowing
from tho springs located upon the land
ownod by her In section 16, township 2
south, range 1 east.
Mary J. Miller Is entitled to take water
from Spring crook for irrigation, culinary,
domestic and fish culture purposes, In tho
quantities and under tho terms contained
In the stipulations entorcd Into during the
trial of the case.
City Has Bights.
It appears from the evidence that on
February 2. 1900, J. M. Thomas and H.
B. Cole made an appropriation of a reser
voir slto In Twain Lake gulch, for the
purposo of Impounding and storing surplus
waters, to tho extent of 20 cubic feot per 1
second, nnd posted and died tho notices
roqnlrod by law in relation thereto.
That oil tho 11th of June. 1900, these
parlies made an appropriation of a reser
voir silo at tho outlet of Lako Mary, near
the head of tho Big Cottonwood croek.
for tho purposo of Impounding nnd storing
surplus waters, to the extent of 20 cubic
feet por socond; and also filed upon under
tho laws of the United States, ns reservoir-,
sites. L.-iko Mary. Lake Martha, Lako
Phoeho and Dog lake: and within a rea
sonable time thereafter built dams at tnc
outlets of said lakes.
That all of tho rights undor said appro
priations havo been transferred to nnd
now are owned by the defendant Salt
Lako City, and that Salt Lako City has
tho right to Impound and store In said
reservoirs all of tho waters in oxcess of
tho wators hereinbefore awarded to the
several defendants nnd tho plaintiff, not
to exceed tho said quantity of 20 cubic
foot per second, undor each of said appro
priations. Tho Brown & Sanford Irrigation com
pany and tho Salt Lake fubllc Service
company (through W. B. Alberlson), each
prior to tho commenoomcnt of this action,
fllcd with tho State Engineer applications
to opproprlalo surplus waters of Big Cot
tonwood stream, which said applications
wero appmved by tho Btate Engineer.
Tho evidence also shows that Frances
McDonald filed un application with the
State- Engineer, to appropriate 50 cubic
feot of water from Big Cottonwood stream
from April 15 to July 15. which application
ban since boon assigned to and Is now
owned by Salt Lake Cltv. and that Salt
Lako City filed with tho State Knglpocr
an application to appropriate 50 cubic feet
of water from Big Cottonwood creek, from
October 1 to April 1 of each year, both of
which applications have boon approved
by tho State Engineer.
Tho evldcnco with reference to oach of--theso
various appropriations does not
show that anything further has been done
by either of the parties, and they iro
therefore nolther entitled to anv decree
in this action, fixing or determining their
rights thereunder.
Water Commissioner.
Tho determination of tho rights of tho
sovoral parties to this action and the
awards of water hereinbefore mado refer
entirely to the period from the 1st day of
April to the 1st day of October. With
reference to the rights of the several par
ties to this action to the use of water dur
ing tho period from tho llrst day of Octo
ber In each year to the flrst day of Aprl
following, tho evidence shows that each
of tho sovoral ditche's and canals taking
water for Irrigation purposes aro entitled
to wator during this period for culinary,
domestic and stock purposes; and that tho
plaintiff, tho Progress company, Is entitled
to have flow down the stream and to tako
Into tho Gordon mill race tho residue of
the water In the stream. A careful ex
amination of the evidence, however, dls- I
closes that It Js Insufficient to enable tho !
court . to dctermlno tho exact quantities I
or even approximately tho quantities to j
which the soveral ditches and canals are :
entitled during this period. An order v." ill j
theroforo bo entered providing for -a dl-
vision and distribution of tho wal-r until
tho first day of October next, according J
to tho awards hereinboforo made, and If j
by tho first day of October next tho par- 1
ties horoto havo not applied to the court
for permission to introduce further oyl- I
denco with roferenco to the use of water
for culinary, slock and domestic purposes,
nnd for Ice ponds, during the period from
tho flrst of October to tho first of April,
tho court will at that time cause such in
vestigations and measurements to be
made as' will enable tho court to make a
finding and decree with reference to the
uso of water during that period.
A competent person wiil bo appointed
by tho court as commissioner to carry into
effect tho provisions of su.-h orders as
may bo made under this decision, and tho
decreo when tlnally entered in this case.
Dated June 0, 1905
Now Cltizons.
Tho following sevon persons were ad
mitted to citizenship Saturday before
the United States court: Gottlieb L.
Bloesch, Swiss; John Matison, Charles
.T. Lindstrom. James Bentson and Ella
C. Pearson, Swedish; Daniel Kiilsuees,
Norwegian, and lltirold F. Ballard, an
Englishman,
Eyes Oureti
Witbiit the Knife
Grateful Patrons Tell of Almost Mlracu
Ioub Cures of Cataracts, Granulated
Lids, Wild Halra, Ulcers, Weak, Wa
tery Eyes and All Eye Diseases Send
Your Name and Address With Two
Cent Stamp for Free Trial Bottle.
Tho cures being made by this magic lo
tion every day are truly remarkable. I
have repeatedly restored to sight persona
nearly blind for years.
Uh-ors, wild hairs, granulated lids dis
appear almost instantly with tho use of
this magic remedy. Weak, watery eyes
aro cleared in a slnglo night and quickly
restored to perfect hculth. It ha re
peatedly cured where nil other remedies
and all doctors had failed. It is indeed a
magic remedy and I am glad to give thin
free trial to any sufferer from soro eyes
or any eye trouble.
Many have thrown away their glasses
after using it a week. Preachers, teach
ers, doctors, lawyers, engineers, students,
drossmakors nnd all who uso their eyes
under strain And with this Magic Lotion
a safe, sure and quick relief. If you have
soro eyes or any eye trouble wrlto me to
day. I am In earnest In making my offer
of a free trial botllo of this lotion. I am
glad to furnish proof in many well-proven
and authentic cases whore It has cured
cataract after tho doctors said that only
a dangerous and exponslvo operation
would cave tho sight. If you have eye
trouble of any kind you will make a seri
ous mlstako If you do not send for my
great free offer of this Magic Eyo Lotion.
Address with full description of your
troublo and a two-cent stnmp, II. T.
Schlcgcl Co., 2H47 Homo Bank Bldg.,
Peoria, III., and you will receive by return
mall, prepaid, a trial bottlo of this magic
remedy that has restored many almost
blind to sight.
LIST OF NEW ROOKS FOR
FREE PUBLIC LIBRARY
Tho following twenty-three volumes
will bo added to tho public library
Monday morning, June 8, 190S:
Miscellaneous.
Bascom Philosophy of English Lit
erature. Beaumont & Fletcher Works, o vol.
Blinn Tin, Sheet-iron and Copper
plate Worker.
Burroughs Leaf and Tendril.
Disraoli Amenities of Literature.
Mackaye Scare-crow.
Aran Norman Poland.
Williams With the Border "Ruffiann.
Wight Koraanco of the World 's
Fisheries.
Fiction. '
Barr Measure of the Rule.
Bates Intoxicated Ghost.
Bourgot Weight of the Name.
Doubleday Hemlock Avenue- Mys
tery. Marker His First Leave.
Hope Love's Logic.
Fronch.
Bazin Ble qui Ievc.
Bourget Cruelle onigme.
Coulovain Sur la branche.
Ohuot Coonrs en douil.
: .
Animal Memorial Service.
Annual memorial services will bo
hold by Great Salt Lake camp, Modern
Woodmen of America, at the lodge
rooms iu tho Odd Fellows' templo, bo
ginning this morning at 10:30 o'clock.
Gcorgo M. Sullivan will deliver tho mo
rnorial address.
I Compounding
Prescriptions -
i THAT'S OUR i
; BUSINESS!
e
e We givo you just what I
I your Physician pre-
scribes. Let us send !
j for, fill and deliver your J
J 'prescriptions quickly.
' PHONE!
9
9 j
; fj. Hill Drug Co. j
; "The Never-SuLstitufors." : j
9
9 o 9 e 9 9 9 c e e 9 9 e 9
Otto R. Peters Wins
Honors at College
OTTO E. PETEES.
Word was recoivod in tho city Sat
urday of tho success of another "Utah
boy in an eastern college Otto E.
Peters, 55 West Sixth South street,
graduated last week from tho school of
pharmacy of the Northwestern univer
sity at Chicago, Til., with honorable
mention and a lifetime membership in
tho American Pharmaceutical associa
tion. Young Peters is a graduate of tho
'Qi class or the Salt Lake High school
and was for two yoars in tho employ of
tho wholosalo drug firm of rseldcn
Judson company. Ho is expected to re
turn homo today.
Eldredgo GetB a Letter.
County Clerk Eldredgo received tho
following communication Saturday,
which is passed up to the reader:
Fish Creek, Montana. May 26, 1A08
"To Court houso Salt Lake Utah.
2 years ajjo Louis Jones gave 1110 Eanch
3 "mi'les 1 rom Marvsvnlo Utah 129 milo
post, section 36 I bought 36 chickens
thero being short of gTub went to work.
J like it. this is ni' protty southern
horn its all T havo Please I want every
body keep of it.
' ' WTADYSTA W JARECKT. '
THE YOUNG MAN'S
SOLILOQUY ON
HIS WAY HOME
"They may expatiate upon the soft
radiance of a moonlight evening which
seems to kindle lovo in tho breasts of
young people, but give mo tho dreary
evening when raindrops patter on tho
window panes, the grate aglow for
an en.ioyablo ovenin with a girl whom
I like mighty wellr soliloquized tho
young man. After greetings ho handed
her a box of McDonald's 400 chocolates
a wisely chosen confection, because it
is tho most tempting made. It is a
longheaded young fellow who starts the
evening off right. (Let's leavo the
3'oung couple to their own en.iovment for
a couple of hours). Ten o'clock comes.
She is serving him with McDonald'!
cocoa ah, there's a girl for 3oul
The Bread ' t m
Tubercolous Ger J
95 Per Cent of Men and WomLQJ
18 Tears of Ago, Havo Tutor
culoua Germs in Their j
System. t
.Leading doctors and diacmno I
who havo spent many ywff if!??
and research, state that 95 pjac W
tho population over eieht enk of
age have tuberculous germs fi
of their body. m Some paitj
Many people think of tubcrcnWi
a disease of tho lungs onlv n5S 15
not realize it may occur in nnv Cy
or tissue of the body. It i3 f?',0r':
form of tuberculosis whon it offSf.
lungs and is then known a3 S1 th'
consumption, but this same tnW'
Kerra affects the liver, stomai-h
and other parts of tho body, aMat'J
sands who suffer aro told hv KS50lV
tors that they havo rhoumaLm K
acid or lack of circulation iTr nM
many well known' diseases, wW ;Tl
nothing else than the insidious ln I. U
of tho luborculous germ, and
tient has consumption of tho fri
fected Dust as surely as ho hf a(lJ
monary consumption whon tho lunLpuli.'
affected. luaW are
Tho enormous percentage 0f mnr, . f,
women thus affected shows the
ance of taking proper care of the hffiS
before this drond tuberculous wrm &
made an inroad into the system WS
repair. ujow
If these cases were pronerlv
nosed and Duffy's Pure 3
prescribed and taken there would nni $
so many invalids, cripples and deatS
before middlo ago is reached toff
years of investigation and teats'hv ,!
nont physicians have proven u I
Duffy's Pure Malt Whiskey tho M
est germ killer known to science Li IV
thouands of cases in which it has iKa!
used it has nover failed to destrovTS
drive tho tuberculous gorra comolew!
out of the system in snort time 3
Tho secret of tho marvelous bum
of Duffy's Pure Malt Whiskey m3
and preventing lung and tuborcdi
troubles lies in tho fact that it's IL
greatest Btrengthener and health" btilt
known to medicine It not only cb2
the ravages of the disease itself H
replaces tho weakened, destroyed t!
sues, helps the stomach to moro perfei
ly digest a'nd assimilate food in ftjU
that more, richer and purer blood a
come from it. and regulates and coveni
tho heart's action, so that the cirenh
tion will be strong and powerful, earn
ing health and vigor to every organ aj
part of tho human body. g
Union Dental !
j Company j
9 218 SOUTH MAIN. ,
i Homes! Work.
I Honest Prices.
Painless Extraction of Teetl -
or no pay. All Work Positively
Guaranteed.
0 'Phones, Bell 1126-Z; Ind. 1128. '1
s it
e99 0 999 999999999699M
YOUR LONG- SUIT I
Or any other suit may get soiled, but
then, tho i
REGAL J
way of cleaning will fix that all rlgllW
Main Office, l3t So. and State. , -.jj?
H
Tour mirror will teU you Satin skinpolf
der works beautifying wondera. 25c f
j GET THE FOLDER"
K OASIS LAND & ntRIGATION CO, jSMT
I 15 West Second South, ijH
I Salt Lako City.