Show UTAH fAVORED IN DECISION Of I IRRIGATION CASE CASEI I U. U S. S Supreme Court Decides Det Dei De De- DeI De- t i in Behalf of Midway I Company in LongStanding Stand Long I ing Litigation Over Water I Establishing the definite stat status s of ot the prior appropriator of water rights the United States supreme court in a decision today found toun the issues 1 In in the case of ot the Snake Creek Mining and Milling company against the Midway Irrigation company In favor fator of ot the latter according to dispatches he here from Washington D D. C C. Th e 1 state of Utah the city of ot Salt LUKe uke and other municipalities of ot the the State I were Interested parties on the side I lor of the defense etense and the United States I Mining congress and mining com com- panics in all sections sections' of ot the United States were interested in the side of ot otI I ithe I the in the action By reason of ot the decision farmers In valley who may secure water rights are protected In their ownership the water supply of ot Salt Lake City which was threatened in the case particularly particularly larl that portion coming out of Big Cottonwood Is safeguarded The contention contention con of ot the plain plaintiff tift was that percolating percolating percolating per per- water which might be de developed developed de- de eloped In In a mining or tunneling operation was the property of that company this claim being based base upon the common law of England which holds that water on or in real I I estate estate belongs to the person owning t I the ithe land I The defense took the ground that I the American rule in cases of ot this I sort applied namely that the one developing the water Is only entitled t Ii I j to the reasonable able use of ot same forthe for tor for I I the Improvement of ot the land Itself and and that any additional development 1 I must take its natural course in this i case into Snake creek i CASE BEGUN IN 1914 II j I I Originally the case was started In Inthe Inthe the court la in U h in 1914 I I before Judge Pope of New Mexico I sitting In place of Judge John AMarshall A. A Marshall After Atter a a lengthy argument the case was was' taken under advisement I and before decision wa va was made Judge I Pope died The case ase was then reargued reargued re- re reargued argued b before fore Judge Tillman Tiliman D. D Johnson John John- II son aon on In 1916 and he found In favor tavor of ot the plaintiff in t the e action The case was taken to the United States court of ot appeals In It St. St Louis where It it was argued d by J. J A. A B. B Irvine re rere re re the 1 Midway way Irrigation company com corn pam pany the appellant and b by Herbert i I I I I i I I I I R. R Macmillan representing the Snake Creek Mining and Milling company The court of ot appeals reversed Judge Johnson and ordered Judgment en entered entered entered en- en for tar the Midway y Irrigation company Then the case was taken to the j I United States supreme court for Cor re reI review review re- re view on a petition for a writ of certiorari the United States Mining I congress intervening and urging that the case be reviewed The claim was was was' made that the decision of the court of appeals threatened the mining Interests Interests in interests In- In of all states and would forever forever for tor- ever retard mining The state of Utah also allO intervened filing a brief and taking the position that If it the thet Snake Creek Mining and Milling compan company com corn comI I pany pan was upheld the water supply of ot the various municipalities would be threatened STATE REPRESENTED r George Sutherland land and At Attorney Attorney Attorney At- At torney W. W II H. Folland were the state and the city When hen tho the case came before the supreme court last October Senator Sutherland Sutherland Suther Suther- Suther I I land had b become come a member of ot the supreme court and was as not able therefore to take any part in the argument nor was ho he able to sit inthe Inthe in inthe the case The argument for tor the Midway Midway Mid Mid- wa way com company pan was again made b by Attorney Irvine Mr l Folland representing representing Salt Lake City and Mr Macmillan Mac Mac- mUlan millan the Snake Cre Creek k company The Snake Creek Creel Mining and MillIng Mill Mill- Ing company compan was originally organized I I I ta n. n number of years ago for the purpose purpose purpose pur- pur purI I I pose of ot driving a n. tunnel Into the mountain from near Midway in a II northeasterly direction toward Park Cit City The Interested parties In the company were Park CIt City mining In Interests Interests Interests In- In who desired to drain their mining properties at the samI sam sarn time t establish a n low outlet for tor their ores thus saving the cost coat of ot hoisting the tho ore and then hauling It down Inthe In I the cour course of the work there was ns de developed die die- eloped n a percolating water supply now estimated to be about sixteen second feet which comes s out of ot the tunnel and geos JOll into Snake creek creek- The tunnel M t the th present time i is' is n hi n I eb about b ut feet and 1 js 18 about near the divide passing under Snake creek and a number of or the mining properties prop prop- performing the function of draining for which it was wa originally intended ISSUE JOINED The Snake Creek Mining and Mill Milling ing com company pan took the position that this water belonged to It and that It could dispose of ot it as u It saw fit Th The Mid Midway a Irrigation com company pan which has rights on Snake creek took look the j I the I opposite position claiming that the water vater In fact tl art percolated from Crom that stream and sources which develop elop It and th therefore belonged to the creek crek arguing that the Snake Creek Mining and Milling company compan was wa on only I en entItled entitled n en- titled to that portion of ot the water asit u as uIt It could use UN for Its Ita own on development I this being the American n rule In Incase case casu of Or thi thu sort In the Utah courts court I the plaintiff argued that the common law of ot England had b been tn adopted b by bythe I the supreme court of 01 this state Mite and nn It U wag waa In this state that the plaintiff won the case originally losing It on appeal to the higher Jurisdictions I The case calle la is declared to be of or wide Id Importance not only In Utah but In all sections where mining Is Ie carried carrl I on or where there Is I. an opportunity oJ for such uch tunneling AS ns might cut oft off the source of water au supply pJ from natural nAtural natural nat nAt- ural causes by such auch method methods |