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Show Yi 1 If I T t P VOL. V. MANTI CITY, SAX PETE COUNTY, UTAH, THURSDAY, IMPORTANT DECISION'. lutin District Coat of the Fits'. idicial Di.ti JClah, Territory County of Ltd ft; , A.Marker, Spnngville, EAGLE ROCK, IDAHO. I DEALER IV ALL DESCRIPTION'S OF Musical Instruments, Strtngs Best Brass Hand Instruments. AH kinds, Orchestra & Band Music, Sheet Music and Music Books. Send for my new Catalogue Just out it has a sketch of Ole Bulls Violin Playing in it and much good information in for musicians Send me your orders for what you want in the Music line. &Trim-pfing- ; 8 8 ALSO Watches, fine Gold and Rolled Fla'e : Jewelry, Cultery, Etc., Etc. Motto. h Square Dealing Fair terms Standard good, low, Prices. THCUS. 33!i2!lAK,lr 3 PLAIN and ARTISTIC PAI NT 13 R. a I 8 House and Sign Painting, Paper Hanging, Caicimining. Etc. done on short notice. Two Blocks If est of Tithing Office, MANTI, UTAH. B 1 DS Establishmt1 RE I; mi Tailoring op-- i m ED' ii i his located one Parrys stone yard, Edward Reid block west of Manti, where he is prepared to do work in his line, in the best style and at the lowest living prices. 52 STAGE POWERS iTisrm t Bdu'eenThistle Station and Fairciew ! i i I I Friday of each week Stages leave Fairview for Thistle at 5 a. m. Arrive at Thistle at 1 :00 p. ra. Every Wednesday and Saturday Leaves Thistle for Fairview 9 a. m. arriving at 5 p. in. and connects with the Mt. Pleasant Stage. & Tuesday , ' ' f O. UiTZ 'U:!i.che D-- Ji TH.O I S.P.V.R. R. Co. WILL KELL COAL r j i I Ata375 Derton At C lx o s t e r. Vm. H, Olsten, PHYSICIAN 1 ; ; I ivi , D. SURGEON. fe Surgeon, S. P. V, Ry. and Co unty Quarantine Physician. EPHRAIM CITY, UTAH i 1 If . I DrsWJ. lIosfonJ o- T. Hosford -'. E.T.Hosford S&BGOA Late Surgeon ACCOUCHUR, nthe British Royal By. Office at resideL ieTwo blocks north of City Hall, Manti. Telegrams prom tly responded to 1 UR. F.R. KENNER, Qbatantine Physician, 3Eanti, XJtali. T. C. Ba N. i I prblic, NOTRARY e y, LAND AGENT AND ATTORNEY LATE SURVEYO F PUBLIC LANDS for Papers Mineral Applications atents aPdpromptly for all Agricultural Lands and fat nia to contested Land Cases. Makes Maps facings and deeds. Draws all kinds of Agree-ntArticles of incorporation; Searches itles Paj s Tkxes; Makes Collection Applica m for Pension Bounty, Etc. Office next to V. 8. andOffice. p o Box 268. Salt Lake Ciiy. Utah. Wm.T.Reid, TROBATE ATTORNEY XNDLAlTD ALL AGENT KINDS f Probate business promptly to, and titles secured to and under the various entries. Office, Court House, Manti, Utah. ed I W. K. Reid, d.tty-atI-ia- W Manti , San Pete Co., Utah. Office at Court House. I vs, Opinion cf the Court. James Holley. I The C ourt ; Brother Thnrman, are your clients in thss case willing to concede to this defendents reasonable use of this water to iuigate the acrual land that he has now under cultivation there under proper regulations. It so, this lawsuit can be settled without further expense. 1 airman; I will consult my clients. your honor. The court: I wish you would. It seems to me that this law suit is inevitably drifting to that point. Mr. Turman; If the court please, I that our clients in thiscase are perlectly willing now, and each ol them always have been, that Mr, Holiev shall have his rights accrdmg to the time that he has used the water, just the same as any man, whether he lives m Spnngville or not They do claim this, that theic are prior claims in Springe file city; that they are the oldest claimants; that these claims have not been lost bv any ldpse of time nor by any use; and that we are will.ng that Mr. Holley snould have water under the same regulationthat other men use the water who are tenant-- , in common on that stream; peifectly willing to the extent of his rights. By the Court: I have been thinking a good deal about this water question in the last three or four days, and these investigations here have opened up to my mind the subject in a more compie-hensiv- e way than I have ever seen it before. It is easy enough to see that 11 is full of complications, which this case and the one that the Court now has uir der advisement, border upon. Now, take this man, it is evident from the proof here, and I take it that subsequent proof would probably not alter materially the facts already stated with reference to that that he took up this land and used this water in good faith' It is equally evident that those people below him. who have been using this water, have been act ingin good faith;the rights are the same rights, having proo-ablenough water from year to year, but if we were to come to a cold ques tion of fact, probably there are enough below to exclude him in a dry season entirely. I do not know how it would turn out if we were to put the question under the statute of limitations, wlieihei he would be able to hold or not, The subject is one full of dnliculties. and I do not want to see tueso pttop.e down there at Springvihe pulling tagb other's wool in court to tliefjjg their money in' costs unless there was an absolute necessity for it, hence I made the suggestion I did Now, there is one thing that must he apparent to every man, that the streams of this territory, and of this county, in an average season, one year with another, are being used up to their capacity and when there comes a dry Season there is a general letting down all along, and just exactly what principle the court will ultimately follow to govern matters of that sort I cannot tell. If I was being made responsible for the ultimate decision of the question I would try to invent some scheme whereby the rights of all parties could be as nearly manlained and preserved as possible, but one thing is apparent, and that is, where people are tenants in common on a stream ol water this way (whether the statutes give the city authority to regulate them or not), their rights must be regulated. I think the case produced by Brother Sutherland yesterday is good law, I think it is framed in common sense and common justice, and it has made a very deep impression on my mind; and 1 believe that ultimately the basic Principle for the settlement of these troubles will be found in that decision. There must be regulations for every man, whether he is inside the city limits or outside of them. That is not the question. The question to determine is, is he a tenant in commoh on the same stream of water? If he is, then he must so use his rights as not to injure others; and there must be power somewhere in the Courts to preserve and protect the rights .if each. As I said I think the basic principle of the whole thing is found in that case cited bv Bro. Sutherland from romeroy on Water Rights, and this man will be compelled to submit to regulation in the use of that water if he has any right, It is not for him to say I will take it whenever I please, because down below him upon the same stream there are probably a hundred people, may be five hundred. I do not know) probably the city has, and I believe it was so stated, some three thousand people in all, whose rights depend Now take one of upon regulation. ttiese irrigating ditches here in Provo. A man who has got a lot here on this corner says, I am not going to pay a tax, or pay any attention to your regulations. Whenever I want Ihe water out of this ditch my lot is next to I will pu it on it. Well, of course, if he did that some other man would da it, and no man would know his rights; he would make his own rights; the strongest man would come in and knock down the weakest and take the vfater from him entirely. So this law suit will have to be settled on the basis indicated, upon the conses-sio- n made bv the other side, and I do think that this defendatn has any right either, to object to that. If, in the course of time, these present owners and proprietors of this stream of water, not taking in any increase of course, but upon the present facts ol the case that now exist when this decree is made; I sav, if in the course of time the waters of Hobble Creek, by reason of a super abundance of rains and snows or anything of that kind, shall be increased and these people see proper to lei .). H 8 S of y their neighbors, who are not otherwise entitled to it, have water.well and good, that is charitable; it is neighborly it is It, on the other hand, bv Christianity. reason of droughts, failure of snows or rains or things of that kind, the waters ut this creek should be so reduced as not to be able to water all the rights as now claimed, and there should have to he a scale put on, then this plaint IT will have to bear his share of it; that is evident of course, and I will not undertake to make any specific decree as to the fact with refererence to that, but will only say, that upon the basis ok the thing as it now exists, this mans rights d will he declared, and they will be subject to regulation by a majority of those who own the stieam with out regaid to any city rights ol Spring-- v file under the statute, or anything of that kind, for I do not see under the aspect of this case as it appears to me. that could properly undertake to say whether it should be statutory or not I will write a decree that will regulate the defendant's rights and at the same ume pieserve them. J, V. Judd.Judge i dec-laie- 1 PRIMARY CONFERENCE, Held at Fountain Green. May 16th 1SS9 There were seated on the Stand; Sistet Louie B. Felt, of the Territorial Supt , from Salt Lake City, Sistets Madsen and Bergland, of the County Supt. and Visitors. Sister Hannah Cullaid, of the Local Supt, presiding. Alter singing and ptayer the local Sect, read the minutes of their last regular meeting, which were approved The following programme was then artistically rendered by the children. Recitation, "Tts all for the Best, by Polly Dugmore. Song, "Buy my Flowers, hy Ella Ivotv, Reading, "Hasty Thoughts, by Filandy Guymon. Song, by Rachel Collard and Laura Yorgason. Reading of the Primary Journal, by Editress Ellen Aagaard. Harmonica Music, by Mastets Eugene Phis Ivory and Wiltord Yotgason was indeed a treat to all present. The children rendering their selections like two old professors, to the astonishment of their hearers. Dialogue, by Rena Aagaard and Ella Olson. Recitation, "The Voice of Spring, by Maria Anderson. Song, "Only a Dream of my Mother, by Clara Collard and Mary E. Jackson. Recitation, Fraternal Community, by Master Willie Dugin.- j ChThis w" Hirotner treat, the child gave tlie reading like a professional actress. Sister Madsen here introduced Sister Louie B. Felt, as Supt of the Primary Associations in all the world. Sister Felt was glad to be in our midst and was ovetjoyed with the exetcises that had been rendered. Her pleasant motherly way, accomanied with an over flowing portion of the Spirit of God. She asked and dtew out from the children, answets to a number of questions on Order, Faith and Prayer. She tel.ued a circumstance of a lady, 111 .'salt Lake City, who had been sick in bed, asked bet little Primary son to call the cfideis to administer fo her, hut he requested her to let him preform the act Imusclf. which he did. His mother got heiiet evnen before her little son's hands were temoved from her head. She continued to get better, and is now a strong healthy w oman. Said Bishops will come to the Primary Associations to get their future Deacons Priests and Teachers; and in Older to fulfill these callings honorably we must nerform faithfully any and all calls or duties that may be asked of us She then appealed to the parents to take pleasuie 111 answering their liule simple questions and not with a hmsu word turn them away and make them wait until you have time or are not so busy. But on the other hand parents can make their children what they want them. From her explinations the children learned that S.ster Felt is their Great Grand Mother. She closed by asking the peace and blessings of God to rest upon the Saints and especially upon the children ot the Primary Associations. Sister Berglandsaid she was pleased that Sister Felt was in our midst to teach the children and that the children are blessed with these advantages which their parents did not enjoy. Councelor A. M. Barenston, had enjoyed the feast of counsel given by the sisters, and advised all to profit there by. Sister Madson said she was sorry that she and her aids, notwithstanding their efforts, were prevented from attending the Primary Fair and Concert held in Ft. Green last fall. She related Sister Felts illness at that time, which prevent-te- d her from being here and that she was held fast unable to move; but was healed by the Faitti and Prayers of the Invoked the Primary Associations. Blessings of God upon the children and Saints. all the Latter-da- y Throughout the meeting an influential spirit prevaled: and while Sister Felt was speaking a tear of joy and humiliation could frequently be seen to steal its wav from the eyes and down the joyful cheeks of many of the Parents and Visitors. After the closing exercises the Sisters were taken to Wales to enjoy another Conference there, A Bachelor, w It particularly hated literary women, asked an authoress if she could throw any I could said light on kissing. she, looking archly at him, but I think tis better in the dark. . JUNE C, NOTICE. . I is ordered by the Probate Court of Sat. pete County, that all delinquent Executors. Administrators, and Guard ians of Estates Pending in this Court, file their accounts with the Clerk of this Court. Jacob Johnson. Probate Judge. 'NOTICE FOR PUBLICATION. No, 3, 27. .Land Ortice at Salt Lake City, Utah. Notice April 15th, 1SS9. hereby given that the following-named settler has filed notice of his intention to make final proof in support of his claim, and that said proof will be made before the Probate Judge or county Clerk at Castle Dale, Emery Co, Utah. 011 Saturday, Mav 25th, 1SS9, viz George Eldridge, II. E No 7024 for the N E j ofS E J Sec 21 and N V of S V Sec 22 Tp. 14, S R 10 E. S.L. M Utah. He names the fo.lowing witnesses toprove Ins continuous residence upon and cultivation of said land viz: Christian Peterson, Charles Johnson, Nephi N. fetkins, Jens Peterson, all of Emeiy Co. Utah. Any persun who desires to piotest agamst the allowance of such proof, or who knows of any substantial reason, under the law and the regulations of the Interior Department why such proof should not be all nved will be given an opportunity at the above mentioned the w time and place to ot said claimant, and to otler evidence in rebuttal of that submitted by claimant. D. Weim Register. is NO. 1SS9. Jolm Lowry ITel Y If you want a bargain call at mi, iff rat HOUSE, . o: And ; See There :)o GOODS, frPRY 3TG rock NX fff-MEN- hies, S CLOTHING, fi?H0USE TIUMMINGS, F u rn t u r e, E t c. i BABY CARRIAGES. Main Street, Do cross-examin- e Manti o what is right. It is right to use home products in preference to imported articles. It is right to furnisli our own people employment. It is right to patronize home in- llailev. Atty. for Claimant Son. &, Lowrys SUPPLY 4 T.C. . Apt7.Ma22 stitutions exclusively. THERE FORE It is right to purehvse the Roots and Shoes manufacture I by Zions NOTICE FOR PUBLICATION. No. 3324. Land Otlice at Salt Lake Citv,. Utah, April 13, 1889. Notice is hereby given that the settler has filed notice of his intention to make final proof in sunpiiit of his claim, and that said proof will be made before the Clerk of the Gourt, Emery county at Castle Dale, Utah, on June 5th, 1S89, viz; Thomas W. Simper, D. S. No. 10570 for the N k J sec. 20, Tp 22, s r 6 e. He names the following witnesses to prove his con Mercantile Institution esiteeially as they are moderate in price, elegant in style and superior in quality. SOU) BY ALL HOME DEALERS tinuous residence upon and cultivation of said land, viz; David Young, Casper John S. Lewis, George Christiansen, M A? ,"-of Emery, Emery Co. Utah, AiH.v iiernou to urntmt against the p? 1wbo knv, teh any under th6 law and substantial reason, prvf, reuiatiou ol the lutirtr Department, why bUfo proof aWwauce of nbould not be allowed, will be given an oppor above mentioned time and place In turnip at the wituesaeB of aaid elniiimm, fr ami to otter evidence in rebuttal of that submitted by claimant. D. WK13B, Wilkes & Ilowe Attya. If. J. Grant, President. J. f. Smith, Vice Prest. J. F. Grant, G. T. Oddi, Asst Manager. II. S. II Sect. ells, man. .0 Trees. Reamer. Apl;Mai2 Desert Laud. Final Proof Notice lor Publication. No. 3J41. United Mate Land Office, Salt Lake Citv, Utah, pnl 2i th, Ism Notice in hereby given that Sarah M. Kimball o! Salt Lakf City, U tail Territory, has filed notice of intention to make proof on her deaert land S W H SKU. Claim, No. 2GTH for the R Tp. P, 8 H i e before the Hegisterand Receiver at Salt Lake Citv, Utah, outhe 2ta day of June, Notice is a Iso hereby given that Hiram Kimball has bled of Salt Lake Citv, Utah Territory, notice of intention to make proof on hta desert sec iW, land clum No, 187, tor the sec. 82 N K H E USE l4 bEC 80, N W 'a N w N fcl hi sec. 3I, Tp. 12, S R 7 K, before the Register aud Receiver at Salt Lake City, nil the 2Mh day of June, They name the following witneHaa 10 prove the complete irrigation and reclamation of saul laud: Lafaette OraUKor. Alfred H. sturifisB, frrink D Kimball, Oliver Kimball, all of hmery Co.. Utah. D V EBB, Register Mai Jus ter wsWk LEGAL NOTICE. In the Probate Court ot the county of Sanpete, Territory of Utah. In the matter of the Estate of George Crisp, deceased. Order appointing day for settlement of account and to show cause why distribution should not be made, John R. Baxter, the administrator of the estate of George Crisp, deceased, having this day rendered and presented for settlement and tiled in this Court his final account of his administration of the estate of said deceased. Also setting forth that said estate is in a proper condition to be closed and that a portion ol the residue of said estate rentaing to be divided among the heirs of said deceased. It is ordered that Monday, the 10th day of June, A. D. 1SS9, be and the same is hereby appointed for the settlement of said account, and it is ordered that all persons interested in said estate be and appear before the Probate Court on said loth day of ur.e,A.D.j889 at 11 oclock a. m. of said day then and there to show cause why said final account should not be settled, and an order of distribution should not be made of the residue of said estate among the heirs of the said deceased, according to law. It is further ordered that a copy o this order be published once a week lor three successive weeks before said roth day of June, A.D . iSSg, in the Home Sentinel, a newspaper printed and published in Manti, Sanpete county, Utah, Jacob Johnson, Probate Judge. Dated, May 13th, 18S9. Territory of Utah, ss connty ofSanpete I, John Reid, Clerk of the Probate Court in and for said county, herebv certify that the foregoing is a lull, true and correct copy cf the original order appointing day for settlement of account and distribution in the matter of the Estate of George Crisp, deceased. Witness my hand and the seal seal! of the Probate Court of said county, this 17th day of May, A. D. 1SS9. John Reid, Probate Clerk. I 1 Wagon and Co-opera- tive MACHINE c o js. nv "sr, itac 3? 2 fC c3 3 X SOLE AGENTS FOIt rfj W 4 O E C X 3 M 5 Tiie Celebrated Mitchell Haiti Wagons. John Deere Moline Steel Plows. Oliver & Gale Chilled Plows Tiger it Gale, A. Wood and Chieftain Hay Rakes. C o o o S "0 fct M HOC o SOLE AGENTS FOR Walter A. Wood Harvesting Machinery A' Ilay Rakes. Gould Austin Well Boring Machinery, Piping Ac. Russell & Cos. Threshers Saw Mill, Horse Powers and California Automatic Engines. Beebe Concord Carts, artier, E. M. Miller fc Hiram W. Davis, and Other Standard Buggies. Victor Scales, Whitman Hay Presses. Common Sleighs, Racine Spring Wagons. Belle City Feed Cutters. Salt Lake City, it e s cc hr! c om 33 3 O 2 ere t ; tJ o o 2 r2 3 o "D H O O g S3 3 s P 3 - erf Lj 5 S. - '- Utah. J. P. Christensen, Agent, Ephraim. Utah. J. P. Christensen, Jr., Traveling Agent, Sanpete and Sevier Counties |