Show iER COMPANY WANTS GITY WATER T I Effort to Dissolve an Old In Injunction Injunction junction Rf r r HT tj OF WAY W AY AI T QUESTION QUES Q T I I BALL RALL DIB so TO T CASE CASEM CASEe M Salt Lake City Water k t Elec fhe th e 1 Power company com otherwise ise own n as me tile tl a Jordan Narrows Narrow 1 wr wry J known mj y made an aR t to secure from Judy Judge J Hall halt HallL HallaD L order diesel dissolving the restraining ng ap aD a er sued out by Salt Lake City a year ar arnd arand and nd a half bait a ago o to prevent the fower from cram cutting the city inal nal company ST in Jordin Narrows so 80 that the theer puke could redeliver to the company tomp ny po power er canal anal that portion of ot the river ya after passing SS water ater o owned ned by the city p I wheels On behalf of tl tIe the e powei over er Se tr company Judge Hiles HUes Ul I Ithe the th e po poH Xe granting ot of the motion but Judg the refused to bear hear it that t t I Ie Hal Bail in Judgment judg judgment disqualified from sitting ment ke he e is upon upun any controversy between I Ithe Se the municipality and the power pow r m maan ause of his having been n at attorney aan because b pan pang torney for the city at the tune Une Ute the at ath injunction teas waa granted ranted Therefore he herer h e referred tir u IO subject matter to Judge Judae lion lo orsa for fur The Tb ground grou d upon which the power company made application for the he us We of the restraining order wa was that at the trial of ot the main Issues u a inthe in th the big bis water case before Judge Mercy M Mt last spring pring the merits of this th l particular ular question had bad really been passed pas d dupon upon noon in favor of the petitioner the t decree dree giving it the right to use the Share of the river flow so w long longas municipality takes its water the M as I oit ott at the present point ot of o diversion provided the right bt to condemn a right into the canal for the of wa way Ii discharge di b rge flume from the power plant plantis is first secured Pending the il ier ter termination of this question the power rawer company prays to be he allowed to break b i irn o the canal bank upon giving ving a bond for whatever damage might be as sa assessed sal Ili l eased e ed edI I Answering the petition of the power J power wr company compan the municipality sets seta up that there is no warrant of law authorizing i the condemnation of such a right of ot otI 1 I way nay to a private corporation over o r I property owned by a public or municipal I pal corporation on the theory t ry that the I municipality is superior Ind d its ita needs I greater grater than SK flay Iy private corporation The city denies that the he power J r pany pang if is entitled to use WIe ItA its portion of or he river flow flop and in support of ot this thib on it is Ia cited that the city is isnow J 1 c now seeking to condemn a right of or way ever ver the East Jordan canal nAI to toI conduct the city s canal from the hh lt h h hc heat I c eAt est point possible It is also cited U t tj a athe s j the municipality intends to tl have the supreme court cowl pass upon that part of I I 1 Judge Morses Mones decree d Clee awarding the power company the right to use u the I 1 water |