Show i JN I 1 T OF A RECEIVER 4 TOWN DITCH s I 1 I 1 I 1 V 4 T ir I 1 n lu an d s 0 of f R receiver deceiver 11 C we allred charges of conspiracy and nis management manag meat ment made evl ral til the recent exper exporting ting by 7 clarence t of the boob books of the price water co resulted in the cuart appoint I 1 a receiver lo 10 the person ot of eber IN 15 who qualify A and nude taide a do d f tha lucis th a c tha aup emr a ay y oa fuesy and which demand dro ail wu was nat r r rn with the defendant defendants price water co 03 price trading co A ballinger Da lUnger and other others are ir s c J cited to appear april 11 and nil show aho cause why an io junction injunction should not Us granted the complaint allege alleges that the price trading co IS I 1 now aad and wpm waa at st dates hereinafter a corporation duly incorporated tbt that on cu the lb sib day ot of february baill certain parties began negotiation negotiations looking toward the th forming at 0 a corporation to ie to called the price water kompany and in pan oance thereof after ward wards cabied plaintiff and many other others to pot put loto into ibe the ownership of a pretended corporation called the price water co water right rights in the price river tiler in the Count County yot of carbon and ratio ditches and large amount of labor and money 4 i b at farming farm anch such rallon i ithac the laid said paper writing fixed the name of the association as a the price water co and provided that the power to do all business of the association ahboah t be tested vested in a board bow of officer officers mo of the president ident tice vice breet dent and four direCt director Ur ecton OM the ta J I 1 1 I 1 il ride vide for any 7 a b IFt lj m tj to T lock took by any one nor did the same declare the bw or pursuit of the Neocia ateo clation tion or did the ume contain any oath or at if asti nation aa as required by law that any tock stock to any amount bad been paid in acknowledged that the nor cor waa was the ame same I 1 certificate as by law nor waa was any ally copy of the articles artl clea filed aled WI wih I the 4 V ot at the then territory of utah aa an required by law nor did the I 1 SAM over become became a corpora tion nor wu was any ce certificate of incorporation ever issued to said association af t so ut llda the premises the sad did enter on a aa an fri Irig glion xUon company for the but laing of a canal and for the purpose of distri but leg log water to ita its tock hoHr and 6 these plaintiff and all other others of ita its to 0 called took part in the I 1 ak said aMo clatIon ua ava gare to it their money u and water wat right rights 1 0 solely for the s Q 0 of bating having rater water 11 I 1 distributed to the them as stockholders 0 and with the purpose of prying paying for the th distribution 0 of water by the bronta ronta levied to pay the expenses ez there fox fr that baia adopted 17 y law laws to the elzett water bibo hold id bo be distria tied accord ng to the stock ach ch man U at 5 that all stock bold should k LI tub sub jert joe to assessment annually for the pm p nal w oval re balting Tal ting and working of the main eagal gatea and ditch pro 44 M I 1 tb be as coment should dot be med used 1 I 1 of or farther further 1 oftie canal and it was also provided bilat water used for irrigating purdom heild be to uses for repair vi tog ing and the can il 11 or canals canala that I 1 i the said ditch waa was finally completed pitted la in the ibe year ye that after the ito begin aig b the said saw dation and the of the said by law laws the said 11 II j difeo danta la in abb action other than the said id association farmed far tind a conspiracy for i gaining control of the 1 laid said IV potation and cf fraud d de prithi g all U tha C tock holden there then I 1 sa a at 6 their mair water riga and sod ownership owne nhip aji 1 thare thence a abot 4 that their la in icat aard a aa a I 1 and ID in pann anoe thereof did bold hold a funded meeting tj I for abo purpose of chanclar chan clag the abood 1 from that of a ditch purpose iiii company r water to its lock stock ail 1 collecting taj coeta costs thereof sy geci ge ei to that of a I dia for or th p P pt 0 belling et wag writer water 0 1 6 too teAr thin stockholders and aj cam 11 I afaf Q to pay for too the ctr 1 SW and said defendants 11 alie h obtained control of i majority majori tj of 4 jtb stock isalt 1 udal tod 0 the said ward f F tw 10 a U changa in the IV al said so NA t per tv amir the jac lotion te se huil tharp hu il its it lock stock I 1 bouen holders such fumat pw per acre far or water k ad i th Us warl bon toad d determine deter alne and mad bylaw by law wen farther fart her ching chang by I 1 board boardie which Weh wu was wholly controlled by ty old b by v striking tr ilcin oat cut the th t teat oo 00 aaa eMment be t I 1 ri asad F and for vir ur the extension zt malea or the further t r 1 fi a aid said main canal that neither ot at id sald wu was err ever author lied ltd by two third thirds ot of t tte iden As required by alj said constitution or ao cabled artl c clea ea and slid mil said change champ was w and is 1 wholly illegal without the content ot of all 11 II stockholders tor for the reason that it is I 1 a total from the th original tar p of aid sold a ind and fundamental depar tati from iu its original oria at object that aid said dolon danto la in furtherance ot of said id conspiracy pira piracy then proceeded proc edd la in sold aid board to fix the charge charges for water to tock stock bolder holders As a well 11 II AS to st stranger angera rangen at the am sum of 0 it 30 per ac acre re rheb has ha been la in creaked ased to 12 2 60 per acre and la in he the year drew up a contract la in which such applicant bound himself to pay for SAM water the sum am deman demon led and one halt half thereof la in adra adrance ncr that lag ing said id charge made to 0 o stockholders aid stockholders were abo also compelled to pay marii MM 40 rii tr fr the th amr t ct I 1 t al Q lu rail them penona a net 3 stockholders tock holden receive water on inore more lar vable terms than eis els in laid sidd association that all users of water W ater un an compili com by defendants defeo danta to agn sign abo laid said contract that eald said defendants go 0 o in control ot of said board 0 o of aid said asso association clation although required by by lasto la a to make semi adanal anna statements of 0 the affairs and business ot of eald said company bare always neglected and re refused fusel so to do and hare have kept these plaintiffs la in total ignorance ot of the affair affairs of 0 laid said corporation in pursuance of their design to force said plaintiffs and other stockholders out of eald said aLao dation to defraud them of their tight tights that asare a arI amenta ments bare have been from yar to year to pay the expenses of said espohl a atlon tiou an I 1 collected by alei meata on the stockholders that said id defendants defend anta hare have been perault to pay their assess menta meats by being er credited edited with amount amounts alleged to be paid by work upon the canali canals which eald said work hai has never been and ex attained and antl plaintiff allege that in fact it wu was dot not done that the assen ments levied hare have been erbor bitant taut aad and ont out of all proportion to the work done and tua au work for any year could mi have I 1 bler been I 1 71 V ex int and by crediting ov 1 thesna the elves illegally with work done and by selling the stock of stockholders for inch such delinquent hare bare already deprived irei ired a ire lists I re marcher of stock holders of their bol balding dings of stock and threaten to anu will deprive these plaint iffa ot of thair holding holdings in said association that in violation riol atlon of the by lassof law 0 glad aid company the said defendant defenda ritS ao so control ing the eald hare have expended large amount amounts of the assessments levied in making extensions exten aiona on the main anal canal and hare bare illegally used the money of the said association collected by y ment went for that purpose and threaten to continue eo so to do that the defendants defend anta hare bare purposely so kept and managed the boota books of account of the said assoria tiou that it la Is impossible to tell wl what has been their reel pta and dia die aid said association awod atlon and giren given lary larr credit credits to of the de do any krisht upon to do that id defend nta acts a acting through the price trading Com company panr which they control have by it 11 legal and sale ale of stock got fall aad and control of the tock stock of said association and threaten to and will continue to manage and control the the affairs of the asso dation regardless regard leea of the right of the other stockholders and nd these iffa that from time to time the aid said defendants fend ants ts are see increased the charge for water to the including the plaintiff plaintiffs and will controne cont mut ione lime to charge I 1 these plaintiff and miner stockholder larger amounts for water to them and will gradually deprive all stockholders except themselves them of any ay teighlor right or ownership ownen bip in eald said association or in its eald said canal caal thag the aid said plaintiff plaintiffs are now and nil were at all times herein mentioned the owner owners of tock stock in eald said and did contribute money and property and labor to the aid sald aeao am elation in reliance upon the purposes and objects ol 01 aid said association As above met forth that they bare bays cover consented or agreed to any ny change in the ee of 0 the said association and on an the day of february IM these made a demand upon said defendant defendants and said board proceeded forthwith to divide to owner of hares shares water ster ard log ing to the amount of t their heir stock without any ments of payment for the same excel except t a abud 18 expense ex of main the ditch and to can use the book books of the create to lie W properly made up and all credit foe log wik work lone jone by deafen dents rhen oot not properly allowed to be stricken n off aol sua require said pathos to mao a to neb such no im lawful credit credits ax good ud ald to a cor reel and itemized statement rj the of ur the association which demand was md made without any of the validity of tle tl said sect actions orgal za kioa thai aalde board aad and W to tak take any steps towards r pa x forming uld do 41 and od will jnue to rotor that it it adlea useless to h try wy to war taut edy th adlain of at the h corporation by ft a I 1 stock bollers inting bee these defendant fen fead dant ants who an are the actual acan controlled with both said boam and ald foci alon tb b A t the again ot at did said association atlon bar been wi concealed and sad aged that only the lut last few mouths bar havo plain tiff tiffs understood the some nr abot for the drog berain corn cam I 1 bained oabe of tb sala no ado d quate by action at law slid nd this proceeding la Is the lb aole sale relief which plain tiffi tiffs can obtain that unless ihli this court bill afford relief the kid plaintiff plaintiffs will be wholly dep tired of all their right and ownership o la in aid gala addition prop city atty to their isUe damage that the aid said defendant threaten bad will continue with their lot acts unless nl horn from farther further to exercise the tb power of director directors to tord ard that md end that it is 1 impossible Impost ible while the tb bord board and the association Is manage magd and nd control by ald said defendants rod and while the powers of the association are re exercised dehn danti as aid said 11 of which U 0 mathias is U president J al whit emun is i vim president E 8 linnley te is and dd A W horsley to I 1 tr it J IL LL ral U 1 dzur alu wl lu gether control ali tl said id board la in the interest of them ire ira and nd eld drendul dren dut azuz and nd price company to bare the tb rid water of aid said distributed to it its 0 ck bolder ai 11 la Is by law required that by reason of the fact tacta aforesaid the aid said a hils baale haale bem n brought and la is ia in imminent danger of 11 Y tin nu I 1 lew yeter ye ter is 1 appointed to take charge of said id property of eald amid association to properly property distribute said water these plaintiffs will be unable to obtain with oat evil submitting to unlawful deti deulinda mande of of defendant defendants which debri of will object subject the plaintiffs to dai damage that if the ald defendant defendants are ste Per permitted Witted to retain control of the books of the ald said association after the I 1 of at this action adion and unless a ro to adv ef la is appointed appoInt od to take the lame same unto hie his custody the be laid said defendant defendants will eo so alter or destroy sold d books which dd fen dendanto danto ha bare already caused to ie lm inn inu olisted bat that it will be b lin Im pcr dille for plaintiffs or the coart court to brtala the facts and tho the truth in regail to ald 14 as business bosl nee that dwing to the fact that baid asso clat ion has no corporate existence and all its at tempa 1 pa the aid plaintiff annii pray 1 that this 1 mutt will appoint a pending this action to take charge of all att the P property V arty of every nature of the raid paid called the price ware witt company with the usual powers of at inch such receiver to keep control of manage and operate the same and distribute the water thereof during the pen dancy of this action W CJ that pending this action that sold fondant fen dant be enjoined and re strained atral ned from in any way interfering with the alfain affairs of wd or said receiver 3 abut a final li baring be adjudged that the act acts of the defendant defendants herein complained of are illegal and that ald said defendant defendants be enjoined and restrained from any may further carrying oot out of their conspiracy or the stockholders any charge for water or levying any assessment 1 except to pay the a crual expense of maintaining said ditch a and ad be enjoined and from train far for aber r neglecting to distribute the water of aid said canal to the stock stockholders bolders thereof no according to their lock stock 1 that it be ad j judged by said ass association mation la Is not a corporation and that the stockholders there of are the ownen owners of ald said ditch aa an tenants in common according to their ownership of tock stock therein A 5 that plain plaintiffs tifis may way bare their cot costs and inch such other equitable relief ai as justice may re to |