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Show V THE TRI-WEEKL- effect the objects of the ..WATER LITlOATIOir. ft m fruits, Jollies, ptcklas nr boot eaUyt mar quickly, mar lined Moled it with healthfully Permfttne wsx than by any other method. Downs of other aaeawlUbdd Full Text of the Resent Decjsisn in - the Esnscn Canal Case. f ctup i, -- - Alma Harris, Appellant, Refined Pcraffina Wax a c. u h, 1 , i , 1 , I Spring is Here! ! . , 1 4- - pairing promptly, and guarantee good work, 1 o- 4 - o J 4 OUR- - i SECOND HAND t . - Buggies, Wagons,. Express Wagons, Carts, Ploughs, etc. jT!We Bell cheaper than ever. ()() , A. 0. Jacobsen, & Son. Sonth of Deseret if ills. ' r FAT, JUICY and TENDER , are the prime roast, boiling, broiling or frying beef, mutton, pork and other meats kept in Buch great assortment at the Fulton Market. , Aa the season market is als its fish and best, and the . arrives this o noted for The game. best only is and Free found - there. prompt deliv parts of the Respondents. Bartch, C. J,.' This was an application for a writ of mandate to compel the trustees of the Logan,. Irrigation District to , file, a! map, , with, the county .' clerk of Cache county, showing the location of tbef Logan and Benson canal and its branches located and constructed in that distrietjand to compel the board of trusteeslo take charge jof, control, regulate and maintain the same, and distribute the waters of the same for the purposes of irrigation, to the relator and those interested in the canal and its branches. It appears from the testimony' that the Logan Irrigation, district was organized, as provided by statute, in 1887; that at that time the canal and all its branches, except one, lad been constructed; that the re' maining one was completed that same year; that f the main canal ,aps the Logan river within the imits of Logan City, and runs in a northerly and then in a westerly direction to a point, where heroes-e- s the Oregon Short Line railroad, about a mile and a half beyond whichit divides into two branches, mown as the lower and upper Jenson branches, the latter branch wing the one which was constructed after the organization of the irrigation district; that this canal and its branches form one continuous waterway and furnish water to irrigate largo tracts pf land;.! that since the organization of the district the taxes for the maintenance of the canal were levied against all the lands of the district, regardless of location; that the water rights of the relator, and those , whom he represents, , were apportioned . to them, by the trustees of the.dis-tricby issuing Jo them certificates designating the .number of acres which each one. was entitled to irrigate; that two' trustees have been elected annually from that section of the (district in dispute and in which are located the lower and upper Benson branches of. the canal; that,, in . 1887!. 1889, and 1897, a water master, wae appointed for each one of ! those branches; and tbat.the trustees at .times, exercised jurisdiction over, the part of the district in controversy! until 1898, when a majority of them re fused to' do so, and upon demand made refused ' to file a map as provided by statute! and to control or supervise that part of the canal - Wa will do your general Biacksmithing and re ery-to-- all city.' t, WILLIAM READING, Prop. Main Street. : u . , 'HEAT EAT . -r-o2- Cood. Fat, Juicy MEAT Of 11 Ekir, . system! ; . . . Under this, state of facts the court bn the hearing of the order to "show Tcause why the writ should not denied the writ, and its action Thelimon Meat MarKcL the ia premises is assigned as 'erJOSEPH KNOWLES, Prop. ror. . The contention of the appellant Main St, north of R. K .homas Block. is, substantially, that a board of trustees can not arbitrarily esiab lish limits of a canal system of a STOP AT THE- distiict, organized and existing by virtue of statute, i&nd deprive stockholders, who are compelled to ' t pay taxes, as provided by law, of First Class In Every Respect- the advantages of the ' district orO- is-su- V . t t i .1 u- ! H--H CEurope&n Main or American Plain . . . s , become the property, of the irrigation- district; and thereafter all funds necessary for repairs upon said canal, ditch or reservoir, and for keeping the same in order, or for altering or enlarging the same may be levied by a tax upon the lands benefited, the landholders in the district to vote upon the same in (he manner heretofore provided fur in this act. And in case of any Budden emergency! caused by inundation or otherwise, said trustees are authorized and empowered to make such repairs, or take such measures as they may deem necessary to preserve .the canals, or ditches, or other works of said company or district; and for payment of the expenses . eo ncreased, the trustees are hereby authorized and empowered to levy a tax for the necessary amount upon all the lands of said district benefitted by suoh canals or ditches, and said tax may be collected, in . the same manner and at the "fearne time, if necessary, as provided for the collection of other taxes in said ! .V : , district. Section 24, provides:;wThat per-- , sons who have constructedv-canal- s, ditches, or dams, ,and. taken out water for irrigation! purposes before the passage of the act to which this act is amendatory, .are . hereby, authorized to- organize under of said act,; and to enjoy, all the rights, powers and privileges guaranteed , therein-Provided, they shall proceed in the same manner as is provided for the organization of new companies. Notwithstanding the repeal of the provision of that .act by the Revised Statutes, theyatill ca . under the act, approved March 13, 1884, Session Laws, 18S4, p. 127. The act, after specifying tbs , manner in which and the circumstances under which an irrigation district may be and ' incorporated, and, after providing for the election of trustees and officers, upon the organization of a district, and their datics, and the method to be pursued in the levying of taxes on the property- - of tbs district to defray the expenses bf u L-lveii i Feed Stables. block west cf Z. 0. U. L j the finest Oar best horcc3, jfcses the rceconeblo rrjf the most All .trdn3 c.ro price. .cr.et by my t render I All crdercJert ct Cld:': kC be attended to vv.Ui cut fdl. Havo 1 - XL'Kisal',. prescribing the corporation, provides, in secas fol- u.-la- nti . t, i W $ 4 -- it-wa- s Jgg, r. i , . KatIY-CW- a Co-o- . p . - Aa-suc- h j j -- I zBllfdT? Js . Wake Up! Yon are aa eaergetie man an ambitious one. But it u hard to- get up in the morning. Yon .feel that yon - : 1 couldtatc just one more nap, and one more and still more. Your head is heavy. Yon bate to get up. Your mouth there! Thaft spells FAINT any-- body can spell paint citer the sty-lof tne spelling book, but only we can spell paint as we . ' ; paint. Ifi you want any - painting shape, in & job done in first-clas- a thaVUlast as long as-way in the nature of paint can and in aay desired .color, just call on us aad well answer for a result of absolute satisfaction.- Every- thing 'in I painters? ' supplies at moderate' prices, and all paints sold mixed and ready for use. do-j-w-itk . , - any-'thin- g1 - i ..bad. . -- Yotsf breakfast doea cot suit, and yon are irritable. when yon. go to ' it That isnt laziness Ita sickness real, serious sickness. And later it will develop into something worse liver trouble, consumption, blood disease, or nervous pros- -' tration. There is a remedy that will pat you on your feet Dr. Tierces , Golden Medical Discovery. It will wake np your stomach, give you an appetite, and put vim in your blood. It will make a new man of yon. It contains no alcohol and will not create appetite for stimulants. Mr. Charle Hunwick, of Leoox, Macomb Co., Mich., write : I have never felt better in my life titan I do now. I have taken Ur. Fierce's Golden Medical Dirwmr right along. I can now walk quite welt with a cane and hope to throw even that a war before long, and aa I have lor nearly taro years, X think had to ue crutches X am doing- fine. - I do not conga now and I can sleep like a school boy. X have been treated in two fioapitals and by three doctors besides, and received no benefit; so X think your medicine is the only medicine for me. . - . by-law- s, - - 4 . ? ; tion 10, among other things, lows: Tbe trustees shall also Do not let any. one induce yon to take a in place of Golden Medical have power to meet at such times substitute Discovery. Bny 'of reliable dealers. and places as they may deem ex- With tricky ones, something else that paya better will probably be offered as rules and them as pedient to r.ake good. jest Perhaps it it for Ilea; regnUticrs accessary- to carry. into but it esmt for you. . , . v act, it is clear that, after an irriga- drJb Pir00f lh!w8e, thi ns denying tbswrit tion district wee once organised as Having reached thJ L provided therein, the boundaries deTmS5?00 thereof determined by such organic on tbe merits, it i8 consider portanbio and trustees elected to the zatioD, bv manage the affa!m of the corpora- p eadiag presented : , tion, it became the. duty of siauh j .The ig ciso trustees to .assurse .jurisdiction of t6ver3ed wlfk tbe whole distrioe; and controIand nd reawnded " with dirtim 'J manage its .affairs in accordance th.cqutt.bdow.to iMu.th, We (jbneur: with the law Under Which ' created. There i nothing in the I, act which authorizes such trustees attorneys in the wsl arbitrarily to assume the manage- F. The 'K. Nebeker for the ment of one portion of the district Q, J. and reject that Walt.,. t AHit he owners of property within the disHot From, tho Qv&i trict were under the law, subject to of an payment equal rate of taxaWaff thbball thatito. B tion for the purpose of creating man of'Newark, Mich, in and' maintaining the. district, orborribl0 Ulan ganization, and it would be a very that no treatment helped harsh and inequitable rule of con- years. Then BuakJen aZ? struction that would deprive them Salve; cured him., Core, of the right to Bhare in the benefits Bruieesi JJuro., Boila, c,to be derived by reason of the incorporation. It is also the duty of earth. 25 ct8 & box.v Cure such trustees under the law to file, anteed.. Sold by Liter .Bros. Wg with the connty clirk of the county 3 in which the district .is located a map of the .irrigation district, In Cbbstipation HERBINU af showing the location of the canal or canals and ditches, as provided fords aWafiUtral, haalthful remedy in section 10 of the act. When, acting promptly. A few Bmii therefore, in the case at bar, the doses Will usually be found to eo respondents, as trustees of the Lo- regulate the excretory functions gan Irrigation District, as shown that they are abler to operate with, by. the evidence,, neglected, and, out any aid whatever. PriceSOcts. after demand made, refused to take Riter Bros, Drug Co. j charge of! control, regulate and maintain, the branches of .the For tak , canasta controversy and which Root Oenetipation Tea, tbe great Blood Bwifier are within the distrkt, and to. dis- Cureo --Headache, Nemmsneu, Eras tribute and deliver tbe waters tioneoa tbe lace, zudk snakss tie head thereof to the appellant and others clear as-- bell. Sold by piocery A Drag Store. . interested with him, and upon demand made, refused to file, a znap Th Caro a Cold in One Xhy. as provided in section , 10, of the Take Laxative Bromo Quinine act of 18S4,' they become guilty of Tablets. All diggists refund the awilful neglect f duty. if it fills to cum. 25c. money rsfusal and neglect affect ihm rights Tho genuine bos L. B. Qv n each of the' appellant and others who For sale by Riter Lx. (tablet. own land in such district and who Co. have borne. tiirj portion of the Drag the-provisio- - . or- to-dut- e, oi-gani- it . burden to maintain their' ganized by virtue of the statute tion, as shown by the prior to such repeal. C. .52- - sec! the Must,, ought to U oS5SS by mandamus 27, p. 225, SesorLaws, 1897. under the lap, . fm tt Under the provisions1 above We-ar- e of the opinion . quoted' and others contained hi the . Yon fight the work you dont feel like feeling all day; and a cotiple of hoar before closing time, yon tarn ia and work like a ganization. We think this conten- good fellow. When its time to atop, yon - are just warmed np for a six days tion is well founded. ? Hat it la too late, ana the The irrigation district in ques- - next morning it is the same thing over Salt Lake City. tlon was organized 6t, C. F. FISHER, Proprietor. i - Walker House. - 1 . forceas to all districts ; Also Fish in Season,' -- CO to tinne in people eppoint agents, subordinates and officers, and employ such wor&aen aa may be requisite; to appoint assessors and cclicctors, or. make agreement with the. county asses sore- to assess and collect the tax, and notify collectors when additional installments of the tax roll be needed! to construct, and complete said canals or ditches with all necessary appurtoaances thereto; to cause to be kept an accurate account of all receipts- and , disbursements, and to complete said canals and ditches and settife all , accounts of the same! Said trustees shall make an annual report of their proceedings under tbs act to the connty court'on or before the first day of February,' and shall ; file with the clerk of the eounty court a map of said irrigation district, showing the location and subdi vision of land therein andlof the companys canals and ditches. Sec. 15, reads: Upoa the construction or partial, construction of any canal, ditch or reservoir contemplated in this act, .they shall - Thomas Tarbet, John Quayle,. Jos eph Tarbet, Stephen Thurston, George Thomas, Henry W.t Bal -lard,-Josep- h F.r; Cowley, con Btitutimr the Board ,of Trustees of the Logan Irrigation District, vry household. It lb clean, taatelene and odorleee nlr, water and acid proof. Urt a pound cake of It with a I let f It many from roar dramriftor rcer. f Hula everywhere, i Hade hy 1 STASiDAitfl ' ' In JOURNAL, LO GAN, UTAH, J M A Y 2T 1 8 9 .7' Y! Wholesale &nd et&3 Franklin and Mob! Logan, Utah. THE OLD RELIABLE ( jRocky j 9 t i Mountain GougK Should have a plaoe in every Home,' Hospital, Canlp or y ing Outfit. It will not fail if used as per directions. ) A thorough Coca reliable preparation for all diseases of the Throat anfi Lungs, moo Colds, Whooping Cough! Bronchitis, Hcar?ene:p, Sore Throa , or Croup, Asthma, .Influenza, and' a Reliable Preventive v Diphtheria. -- - . C. F. CULMER (t nnos. r rop. Lalt LakelCity. For sale hy Riter Bros. Drug Co., Logan, Utah, Franklia I ; Montpelier, Idaho. ' |