Show SELLING THE WATER OF THIS CITY no subject can be laid before the inhabitants Inhabitant of this city in which they will manifest a li livelier velior interest than a proposition affecting the water supply an I 1 should the proposition he fie menacing to their welfare the interest in it which they will display will be likely to assume aasuma the form of a belligerent jealousy this latter sentiment has been somewhat ex ton aroused by the proposal of witcher jones and associates l to pur purchase chise the waterworks water works chases irrigation system sources of water supply etc pertaining to this city which was submitted to the city council tuesday april let we do not know who witcher jones to is nor are we informed ns no to the identity of his asso associates clates we have heard it intimated that they are I 1 boo boomers of recent importation if it be true that they are new arrivals they have certainly taken the wrong course to Ingra ingratiate ingracia elate te themselves into the confidence and esteem of old residents of any shade of politics or religion the mass man of the citizens will look upon them as the authors of a scheme to secure the ownership of that without which people could not exist here with the design of placing the inhabitants of the city under a tribute from which it would be impossible for them to extricate themselves and which would render the schemers enormously rich we do not think there is any danger that the present oty city 1 cou council noil will lend a favorable ear to the proposition of witcher jones and the speculators whose identity lies concealed under the term I associates il had the council the power to sell the water to a private concern we do not believe it would have the hardihood tr to exercise that power by accepting the offer referd referred I 1 to A vote I 1 looking to such act action on I 1 would create such a storm of public indignation as the members embers in of the council would not care to face and the protests of citizens of a all shades of opinion would contribute to swell the fury of that storm but the city council has not the power to accept the proposal of witcher jones and associates 21 and were the schemers as shrewd and well posted on the law of the subject is as they are audacious they would not care to risk the amount of money they offer on such a title as they could get from the city tf if it be ad admitted bitted that the statutory and common law applying to the 0 ownership e of the waters of this city be to fin an extent imperfect and uncertain no lawyer worthy of the name will wil i honestly deny that equity would intervene to prevent the placing of this whole city un under iier the tribute to private parties which the jones scheme contemplated but we make no admission of defect or ambiguity in the rules of the common law or the provisions of the statutes which relate directly to the subject the bottlers upon the lands of this c city ty acquired a title to the waters which were necessary to render those lands inhabitable or ot of any value and the ownership owner chip of the water has never since been sep aerated from the title to the land the common law relative to irrigation will abundantly support this proposition so do the statutes of the territory section 55 of the original charter ot of ibis his city to is as follows I see sec 55 the city council shall have power to esta establish blitsh make and regulate pu public lie pumps hydrants and reservoirs to distribute I 1 control and so regulate the waters flowing into the city throughout such channels as may be most advantageous and to prevent the unnecessary waste of water in section motion 6 2 of an act amend ing edg the charters of incorporated cities approved feb 22 1878 city councils are given power to construct water works and rey ervo irs lay water pipes erect hydrants and I 1 0 keep the same in repair to supply the said cities with water and regu regulate t 1 I 1 and protect the same am e and for such purpose the city council of any city shall have power to levy and collect a tax on real estate in any district or ei envision vision of such city specially benefited hy by any puch much improvements prove ments sufficient to defray the expenses thereof lection 1 of an act to provide for the right bight of way for canals for salt lake city approved february 20 1880 provides as follows the corporation of salt lake city to is hereby empowered to supply its inhabitants with water and for that purpose to construct and maintain such canals ditches flumes blumes dams dame reservoirs and other means for providing diverting and conveying water as may be necessary although the same may be or extend beyond the corporate limits of said city the sixteenth and seventeenth subdivisions of section I 1 of article IV of the general municipal law which are applicable to this cit yare as follows sixteenth to control the water or water courses leading to tha city and to regulate and control the water courses and mill privileges within the city provided that the control shu not be exercised to te the injury of any rights already acquired by actual owners and to levy and to collect taxes upon all taxable real and personal cers onal property not to exceed on per cent per annum for thre the purpose of furnishing the city or the inhabitants thereof with water for irrigating and other purposes and to regu regulate irritating ate al and control the same for the use and benefit of the inhabitants thereof and may assess collect and ento ceafie ce afie payment of the taxes in any ny manner provided for by ordinance seventeenth to construct purchase and maintain canals ditches and reservoirs and to purchase springs streams or sources of water supply for the par purpose 9 ose of providing water for irrigation a domestic or other purposes and if necessary to secure aware said sources of water supply may purchase the land upon which said laid water has been appropriated or applied 10 an act approved march 11 1886 gives city councils power to 60 collect taxes with which to procure water and to tax the users of water pro raja rota but has the following proviso I 1 provided that nathl nothing n g herein shall be construed to interfere with the water rights accrued by priority of appropriation the foregoing quotations from the laws of the territory are reproduced aced her here i e for the purpose of showing the general tenor of legislation upon this subject as well as the its specific provisions it will be seen men that ample power is given to the city lounell council to provide the oy cy with water but no power at all is given to sell eel ito to private parties water procured for the leople eople with the peopled money the city council has power to furnish the people with water but not to debri deprive to them of it no authority has ever been conferred by even the remotest rena otest implication 0 contained in an any y expression of the legislative will upon the subject to take from the citizens their water supply to jonesee Jo the water supply of the city would be to do this very thing for it would be to convey to them a title to that wh which now belongs to and is possessed and enjoyed by the people As an injunction unction would lie to prevent the city council from disposing to private parties of any of the principal strut ts Is of the city which are necessary for the conven convenience tense and traffic of the citizens so the same remedy would lie to prevent the acceptance accept anee of the proposition of witcher jones and associates there in im therefore no need for citizens to be uneasy over this matter the jones scheme is entirely impracticable whether viewed from a standpoint of law equity or public opinion |