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Show AFTER MOIIE WATEB. City Attorney Begins Action Against Commissioner J. r. Smith. fits Attorney Nc jesterdos afternoon after-noon filed n pitltlon In the District court and obtained from Judge Morse an order on J Pew son hmlth. Jr , court commissioner, tn appear In court Ail gust 6th and show cause whs he hoa not dells erc.1 to tho cits the eleven second cubic feet of water which It recentls jurehuaed from tho Utah Mat-tiesa Mat-tiesa factor) Tho stsle of the proceeding Is Salt Ijike I Its and the Ptali & Salt Lnke rami comimns plaintiffs versus The Salt I.akc its Valor and Plectrlcal Power company an! others defen-dtnts defen-dtnts llennlon . llennlon, Interveners Interven-ers and J Pew son hmlth Jr. court commissioner The petition sets out the i urrhase bs the cits Ust week of tho ITtnh Mattress conip ins s right to eleven cubic feet of water In the Jordan Jor-dan riser to be tnken from the Gardner Gard-ner mill rnre It Is nllct,cd that at tho tlmo the negotiations were In progress the defendant Smith, appeared before the lily louncil nnd promised to turn said w Uer Intn the canal us soon ns the ileal was closed nn.l that It would tak. an Injunction to privtnt him from doing so Helylng upon this promise voluntarily made the cltj went ahea 1 anl purchased said water and Iminedl-atelv Iminedl-atelv notified Smith of tho fact requesting re-questing him to turn In the wafer ns promised The jctltlon alleges that instead in-stead nf d.ilnir this Smith refuse 1 an! still refusts to turn the water Into the cninl The p thinner claims to have Information Infor-mation that Smith Is dividing tho water wa-ter among four canal companies viz The Utah or Salt Lake Canal compans, the South Ionian the Past Jordtn anl the North Jordan Canal companies nn.l will continue so tn distribute It unless un-less enjoined It Is nlleged that If the cltv could get this wnler It woull be ablo to suppls the wants of all Its cttliens but that otherwise great damage dam-age will result Pen ling n hearing by the eoiut the cits asks that Smith be Instructed to turn thn water Into tho cnnal |