STAI D C idith with having poisoned the minds of the people of utah including every state judge from st george in the south to logan in the north david evans and wm H rowe file a sensational affidavit in the united states circuit court in salt lake city every citizen in utah and especially in ogden should read the affidavit the water company says it cannot get a fair trial in ogden or in utah all because the standard has poisoned the minds of the people A RACY AFFIDAVIT i 0 o insinuates that C C rich ards elected judge 4 MULLAHS POLITICAL PULL while judge dey is a at political eld manager ta for the election of judges in utah in snort short it acquires the whole e united states to overcome the great combination composed of hon C C richards judge J H mcmillan judee judge C C dey and und the ogden standard the invincible quartette tha legal battle between ogden city a and od the ogden water works ie is getting red hot last week the water works coin com attorney david evans claimed that the case properly belonged to the ignited united states court and should not be lu in the utah elate state courie courts david evan evans f through misrepresentation at first r celver judee judge Ko Ro lappe lapps consent to transfer fer the case to the united stata stat 11 a court and on saturday afternoon judge 0 C dey judge macmillan and 0 0 richarde richards made arguments arcu ments before the united states court asking it to transfer trana fer the matter back acain to the ogden elate state court judge Mara marshall liall took the matter under advisement until yesterday david evane evans and W 11 rowe how ever went back to the unitta unit d states court saturday evening and tiled toe following Lon conglomeration called en an adi davit sworn to by W IL 11 rowe and D van dam this would seem u to indicate that david evans and W it if rowe lei fel that the united states court would de cido against them and before the court could give ito it opinion on their first pa pere they filed their second objection to having the case tried in oden ogden this aal affidavit practically BaYs that tin STA 1148 so po the minda of the peaple of utah und and the kate judges of every county in tin state that it ie is for the bear river an n i ogden water works company to have a tali fair trial the bul davit id as 88 fullins ful follo lONS e in the circuit court of the untied states in and for the district of utah ogden aden city plaintiff vs bear river canal and ogden water works company et a al defendants Defend ante 14 D van dam end and W 11 rowe being bong each duly sworn deposes and saya I 1 that each of klitin are agent and at tonii ya ys tn in fact tor for samuel samue 1 1 sl 1 jarvie jarvis and bd koland roland R P conklin who are each resident and citizens of the city and late state of new york and do now and anti tor for a lone long time prior to the commencement of tais action have been such ouch resident residents and citizens and that neither of them are citizens of JIA elate state of utah Aff lants further state that each of them are residents of the city of oden and elate state of utah and as to such have a better opportunity of knowing all the facts anal circumstances hereinafter stated than the raid fuld samuel al jarvie jarvis and roland R conklin Oon klin and ants state rate that they and each of them are an in fact more familiar with the loca local prejudices and w which hiell exist in the state ot of utah respecting the controversy tro versy verey of ogden oily city and of the defendants aa an stated in aid said p petition edition eti tion and that whatever knowledge the local hilsen ces and prejudices here doter bated stated that are known anpo Q the part of 0 the baid said samuel M ja jama arvis and roland R conklin is derived from aff affiant lante and that said maid amanis are each familiar all the facts von on the buit salt and especially with the state of feeling on an the part of the citizens of the state of end and the community wherein the aba entitled action ie Is brought with re referenda refe renua to the matter of said suit nod nn 4 said aff lants further state that they aid each of them are expressly athor izad b by eaid said samuel M M jarvis jervis an roland ra K conklin to make this affidavit far and i lu their behalf and aji bauta and each ol 01 of f them further state tha that eaid said above en is now ending jn the beconi J judicial ud icia piet brict court cf ilia atte ol 01 utah in and for the county bf 0 weber and thi aba 1 dejame bame alls nt been trie I 1 and affia alfi anta an d iab afi them state thai that influence ance bald baid samuael al 1 arvie and arid roland R conklin and oather ile J fen dauts in eaid said above entitled causa CAM M will nobe able to state court or in any gihei tale court to which the eaid said delenda ii ants may under the constitution and laws lave of ahe elite of f utah have the aa on account of earl said and local influence to remove eaid said cause and aff lants and each of them further state that said suit cannot be fully ami justly determined aa as to any of eaid said de dv lend tend ants in the said courte because 01 oi euch such local influence int luence and pod prejudice and ud that no party to the suit will wil be prejudiced ju by a the c circuit cault of the united states in and for the state ru of I 1 utah northern division aforesaid further state that the principal for guati prejudice and local influence has been engendered tor for me following reasons rea eone in july 1889 the that plaintiff and one jotin john it bothwell entered into a contract by which it aa 8 provided that the said bothwell 1 or b hie la assigns should be per permitted witted to asa use and occupy the streets street of ogden city tor for laying operating and controlling I 1 a distributive system of water works by which the said Brit and hie his assigns were permitted to charise charge the inhabitants of ogden city certain rents for the nee use of water and that eaid maid de do system of water works auvo since that time been constructed operated and owned by said defendants and that said defend ante are now the owners ol 01 the bame the same having been assigned to them by said bothwell and pursuant to the terms of said Lon contract tract water waa furnished the in inhabitants habitan to of said city and anti like likewise water for the use uses a and purpose purposes of said city and all its public buildings gs and r grounds rounds thereof runt and arid each of them further state that ever since the conot ruction ann anti operation oper Atlon of eaid said water works a local ii fluence has jigs been engendered ag against ainah the right of said defendants or either of ithem anem to own or control gald said weir I 1 works and likewise tor for the purpose of se curlaw municipal ownership owner snip of se me curing munt J J own biship of 0 maid ater woi work IG this cowit that the said c ty tit tough its mayor and the city council and t gieir air agents have subsidized a large number of pro prominent t newspapers AND particularly THE OGDEN N STANDARD D IN THE STATE OF UTAH to P publish and cause to be distributed all over the state of utah nutter metter which stated in effect that said defendants nor neither of them bad any right or title whatever to said water work and that said water works should be he the property of said city and said newspapers during curing all the years laet last pao past an and d particularly durino the year IK 1897 ti have caused to be hed effect md nd the statements sta temen t a to have haver cartooned antoo tied and made appear ridle bulou the agents RD nod d servants of abe e defendants end and said newspapers 21 1 I 1 end and baid said city clu council ucil ho he hove ve aid said myor m the right of mt 11 to work and and control said sold water own have likewise B advised the inhabitants 0 of f eden city not to pay play their renta rent lefto alsoto said company and said aid mayor and aid said council base neglected neglect edIto to pay water city ren rentals tale for certain fire hydrants hydra by d rants nta which they hs bad d agreed to pay under and pur vur J irant brant to the terms of eaid maid contract and ba hae to by divers and various methods un j der taken to and per judice hi th inanda of the of the state of 6 i utah and the coutts before whom tho the eaid said bauve might be prosecuted by the publication ol 01 matter in the n aforesaid which said matter watter was pail for by the agents of plaintiff Aff lants further state that pursuant to the general plan of 0 said city to break down and destroy eaid said defendants and a ad manufacture local prejudice and it il fluence the defan dents prior to 10 daa abe month of july 1897 caused an or denance ance to be he pasted by which the city might be per permitted witted to issue in bonds witt which to construct a competitive peti tive system of water work and tor for the purpose of carrying said bond bonds before I 1 he people aid raid council continued to employ subsidize and hire space in i each newspapers by chieh the agents cf of the defendants were cartooned end and made ridiculous and caused false fahme matter to re te distributed through eaid said papers through the stale state of at utah for fir the purpose of poisoning the winds of the I 1 i people and leavina wrone wrong impressions therein for or the purpose of destroy in f lh ho property of said i that eaid said e ty council of ogden city for the purpose of engendering said fee recline li ng and causing said proposition tu to be curried by the voters ot ut eaid said chiy to 0 bond raid city for the purpose ot of con eaid said system erat could secret and public meetings to be held through eaid said city wherein public i were secured for the of the people by malting making false fair e statements to 0 them end arid causing sent mente ments to them and causin causene to tn be disseminated among them which in turn were distributed end and diss disseminated ernin through the state of utah detrimental to tho interests of said deen danta dant and at eaid said inee meetings tings and in diverde other places the sentiment was end leered which caused the people of the ot of utah to believe that if the of city were to vote the bonds aforesaid that tle same bo be used as a means and weapon by which the defendants could be forced to give up their distributive system of water wr to said aid city and that tb abe city might the same without mayine any compensation whatever be rotor and mild sentim rit was eo so wrought up among the people of the city that it became prevalent everywhere through the city that he the said defendants were robbing of water and that eaid said were not entitled of right to any part of raid water works and that laid said system bad secured from the council of ogden city and that the same ought to be and chii tb defendants defend ante deprived of any right or title whatever thereto and abat the courts in which this action was brought should determine laid said matter in controversy contro verey according to the sentiment eo so wrought up by the people and ip jp pursuance ot said election and cam laign which was carried on for the purpose of furthering the ends of the city and its it butt uit was L tor forthe the purpose of not only confiscating all the property of defendants which aggregates in value more than but forthe for the purpose of securing f from roin the defendant 9 an ab additional sum of lw and that in pursuance ol 01 buch such send ment the e action aforesaid the said city council to borrow carried by an overwhelming majority ut of the taxpayers of said city and likewise lik ewite for the of influencing faid election the city council appointed a committee of twenty five members of the he most prominent and influential citizens cit izene of the stae state of utah and residing in ogden city lor the purpose of having the eaid said couii committee matteo exercise its influence against the eaid said company and in favor of the plaintiff for the pu purple apoe ot of con fisca tinK and destroying the prop orly orty rights of the defend defendant anti which h eaid said committee did in fact exercise le and wield much influence against th the said company forthe for the purpose of carrying out euch such scheme and purposes aea as agents of paid said city further state that eaid said city council to be published publish ed and there was in feet published in eaid said STANDARD and other papers of the detate false falie anil anti untrue statements elate ments the water fur the inhabitants of said city by eaid said defendants was foul and natel with deleterious matter which when drank boull cuie cause ill effects and disease upon the using aein the same i which said newspapers viero published and distributed throughout the state of utah and that such publication I 1 and anti distribution was aim ado de tor for the same purposes herein hereinbefore before stated that IQ in the plaintiffs complaint orr 01 tile file no al le galion gallon to a made that the water is or ever was unwholesome or unfit for uee use and aff lants further state that the agents agent a I 1 of said city and anti public ep takers and other citizens uit izene in the interest of sa ead sad d city eity council falsely and wrongfully wrong full staled stated that eaid said defendants were not entitled to any of their property because eaid said defendants fend ants had not completed the contract which had bad theretofore been entered into with the city by of eaid said defendants failing to construct a certain branch end and canal lying outside of the city altogether for ane purpose of furnishing additional dit ional water for the inhabitants of eaid eald city whereas in truth and in fact fac amanta stae sta e that an ample and suitable editable supply of water tor for domestic purposes bad in fad fact been furnished and cocom co com plaint is made in eaid mald action on that account Ail lants further state that because said jarvis and conklin were non don reel dents of the state of utah and citizens of the state of new york ald aid city council and the inhabitant inhabitants of the state of utah adoc advocated abed and stated such aavo BY 8 STANDARD CHARGED from 13 racy publicly in atie newspapers afore baidoo the that such non ought not to be permitted ladu business or own or control any property wliam abe city of ogden and defend ante lurther detate that baid defendants jarvis and conklin being in the street rail ay system ol 01 eaid city and bavins aal extra amount of power for the purpose of furni ebing electric light for eaid city gave to the city a healed bid in re to calle for that purpose which eaid bid was two dollars per light per month less than any other company had bid notwithstanding that fact chrouk the prejudice against the said jaivin and coaklin Cou klin and not otherwise the said city refuted to consider eaid bid or let the contrail to eaid street railway company and detate that darlne the month of june 1897 1 defendants made a written proposition reducing the water rentals to the inhabitants of ogden city notwithstanding they were not required to do under the terms of the contract and also abe bates for furnishing water to bald city which said proposition was made in good faith and for the purpose of allaying the bitter feelings existing upon abe part of the inhabitants of raid city and when made cad city procured and caused to be published false statements in the newspapers aforesaid to the effect that b baue eaid defendants bad made a proposition to reduce rats rat s of water aforesaid afore eaid THAT IT WAS A confession ON THE PART OF THE defendants THAT THEY HAD BEEN constantly ROBBING THE PEOPLE IN THE PAST and likewise published statements to the effect that such reductions were in fact no reductions at all but in fact raised water sample copies of the newspaper published aad circulated herein referred to are presented herewith