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Show VOLUME IV. NEPHI CITY, UTAH, SATURDAY, APRIL 24, 1897. HAGUE CASE 2 That subject to such vested right, the defendant is the absolute owner of the right to the use of all the waters of Salt Creek for domestic, culiuary and irrigation purposes. 3 That between tha dates of March Foil Text of the Decree Is Given 15th and October 15th of each end every year the defendant haa the right to IS DECIDED. A Below. The decision la the case f John Hague vs. The Nephi Irrigation company i as follows: FINDING OF FACTS. X That the plaintiff Is the owner of a certain grist mill situated on lr.t No. 2, block No. 30, Nephi, Utah, and that he bat been the owner thereof since tbe year 1S62. 2 That during substantially all of such time said mill has been operated by said plaintiff either In the mannfacture of flour or .f chop feed, 3 That daring said time the motor power for the running of said mill has Ben water Iron Sait Creek conveyed to said mill through a cr tain mill race to and through a penstock to the watere wheel In said mill, and that said at Its Intersection with said penstock is four feet tea inchca wide and eighteen inches deep 4 That the volume ol water in said race required to generate what is designated aB a full head or power Is four feet and ten inches in width and fifteen Inches in depth, measured at the intersection of sair race with said psnstock. 5 That the volume of water required In said race to generate as a hal. head or is four feet and ten inches la power width and seven and a half Inches In depth, measured at the intersection of said race with said penstock. s is in a leaky con6 That he mill-rac- mlll-rac- dition. That the entire volume of water i said Salt Creek for all seaaons of the year will, for the purposes of this case be rephundred shares. resented by twenty-seve- n 8 That the predecessors of the defend- 1852, appropriated and applied to a beneficial use, for domestic and egricnltural purposes, allot the waters of Salt Creek and were the absolute owners of the right to the use thereof for such purposes, subject to the rights of the plaintiff as hereinafter set out, that the defendant herein subsequently acquired the right and ownership of the use of said waters and Is now the absolute owner thereof, subject to the rights of tbe plaintiff as hereinafter designated. 9 That for a period of more than fifteen years last past the defendant and its predecessors in interest, without Interference by or objection from the plaintiff, baa from the 16th day of March to th fifteenth day of October daring each ani every year, at a point above the mill race of the of the plaintiff, diverted of the water of taid Salt Creek nine hundred aharei thereof. 10 That for a period of more than fifteen years last past the defendant and its predecessors In interest without interference by or objection from the plaintiff herein has from the fifteenth of October until the fifteenth of March during each and every year, at a point above the mill and mill race of the said plaintiffs, diverted cf the said waters of Salt Creek three hundred shares thereof. the shares of the water of HThat all not diverted by the defendSaltCrsek said ant or its predecessors at a point above the said mill race, as set oat in the last two findings above, has passed through plain- ant in the year tiffs mlllrace. That for more than fifteen years last between the fllteentk day of July and past avd every year the plaiatiff has ef each used in the operation of his said mill of the barer of the waters of tbe said SaltCreek not diverted by the said defendant and ita much as would predecessors in interest, so at Us inmeasured mill race, fill his said tersection with said penatock, to a depth not to exceed fifteen inches. That for more than fifteen years last past and between the fifteenth day of July and the fifteenth day of October of each and evtry year, the plaintiff has used for the purposes of generating power for the operation of hia said mill of the shares of the water of said Salt Creek not diverted by the said defendant and its predecessors in interest, so much ns would fill his mill race, measured at its intersection with said penstock, to a depth not to exceed fifteen inches. JUDGMENT. 1 That the plaintiff has a vested waters of right to that portion of theof generatSalt Creek for the purpose hie (aid of the for operation power ing have to euch mill and a vested right mill said race his flow water through as herewheel water eaid and ever bis inafter designated, the right to eueb use to be restricted to the present place $t use. 12 1-- divert at any point above plaintiff's mill race and apply to a beneficial use for culinarv, domestic and irrigation purposes, nine hundred shares or parts of the waters of said Salt Creek and that between the dates of October 15th and March 15th ot each and every year the defendant has the right to divert at any point on said stream above plaintiff's mill race, and apply to a beneflo-ia- l use for domestio, culinary and irrigation purposes three hundred shares or parts of the waters of said stream. 4 That between the 15th day of March and the 15th day of July of each nd every year the plaintiff, for the purpose of generating power for the operation of his said mill, has a vested right to have eighteen hundred shares or parts ef the said waters of Salt Creek then running in aaid 6tream flow through his said mill race and over his aaid water wheel, until the volume thereof, if ever, shall fill the said race, measured at its intersection with the penstock, not to exceed fifteen inches in depth. Should tha volume of water in (aid race at any time during the above period exceed the said fifteen inches in depth sueh excess may, at the option of the defendant herein, be diverted at any time on said stream either above plaintiffs mill race or below hia mill. 5 That between the 15th day of July and the 15th day of October of each and every yeax, for the purpose of generating power for the operation of his said mill, has a vested right to have the eighteen hundred shares or parts of the water of said stroam then running in said Salt Creek flow through hie eaid mill race and oer his eaid water wheel until the volume thereof, if ever, shall fill the said race, measured at ita intersection of said penstock, not to exceed seven and inches in depth. Should tha volume of water in said race at any time during tha above period last named exceed seven and Inches in depth the said excess may, at tha option of the defendant, be diverted from said stream at any point either abeve the mill race of the said plaintiff or below hia aaid mill. 6 That between the fifteenth day of October and the fifteenth day or March of each and eTery year the plaintiff, for the purpose of generating power for the operation of hia mill has a vested hundred right to have twenty-fousharen or parts of said Salt Creek watr flow through his said mill race and ovar his said water wheel until the volume thereof, if ever measured at the Intersection of said raoe with said psnstock, shall fill said race aot to exceed fifteen inches In depth. Should the volume ef water in said race at any tines daring the last named period exceed fifteen Inches in depth, such excess may, at th option of the defendant, be Jt- verted from said etraam at any point either above said mill race er below plaintiffs mill. 7 After she diversion of the watsrs of eaid Salt Creek above said mill race by defendaet as herein authorised end decreed, should tbs velume remalnleg during eny cf the ebove periods or part3 thereof be insufficient to fill plaintiff's mill race to that depth by this decree allowed, the plaintiff herein must bear such loss or deficiency and the defendant herein can be in no manner boand to make the same good. 8 Within thirty days after filing this decree cr judgment, and notice thereof by the respective parties hereto, a suitable device for the aceurate measurement and diveriion sf said Salt Creek waters shall be placed in the said stream at seme point above said mill race, the same to be selected by one-ha- expense of ail of the above to be borne equally by the plaintiff and the defendant herein. 9 With hi the above period of thirty days from the filing and notice of this deeieionsaul plaintiff shall, at his own expense, calk ami render as water tight as can ordinarily be done with a mill race, his race, but, in doing such calking er neerssary repairing no change .hall be made in the present dimensions or deehnallon of said mill race. 10 Th.it the diversion of the said waters as required by the terms of this decree be dona by the watermaeter of the defendant corporation and that the said defendant be perpetually enjoined from in anv ."nanner interfering with the decreed ri;.flof said plaintiff. 11 That the rights of the eaid plaintiff to the use of the waters of Salt Creek as defined by this decree be quieted and confirmed. 12 That each party hereto pay one half of the court costs accrued In this action and of the reporter fee herein. E. V. HIGGINS, Judge. Dated this 19th day of April, 1897. N. 47 Great Reduction Sale ON one-hal- f Dr. Hosmer Recovering. Dr. Ilosmer underwent an for appendicitis last week Dra A. Hosmer, Meacliam and J. by Keogh. The doctor oame out of the ordeal all right but in a very weak condition. Dr. J. A. Ilosmer is attending him and hopes to bring him around again. lie states that while ho ia not getting on as well as he would like him yet ho has great hopes that he will be around in a couple of weeks. The public will be glad to learn this as the doctor is well liked. r on For one week commencing MondayApril 2Gth, Mens and Boys Data worth $l'.75, $2.007$2.25and some $2.59 will go duringthis sale for" v 'lid Sister Bigfr Dead. lf one-hal- f Another of Ifephia ladies passed away from thin scene of actior. Sister Anni Bigler, was at tha advanced ago of 89 years. Tha funeral services were held in the Tabernacle immediately after the services Sunday. Elders Thoa- - Ord, Crawley and Bishop Parkes being the speakers. There will be a large assortment of them, including our Populor Fedora Hat in all colors. A sample of these nets oau be seen ia our window. Such bargains in hate were never knewn before. Also a big overflow ale on State Items. r the defendant herein. The measurement of said water by said device necessary for the diversion thereof to the terms of this decree, shall be made by three disinterested parties, one of whom shall be chosen by the plaintiff, one by tbe defendant end a third seleeted by the tw persons so chosen by the plaintiff and a third eeleoted by the two persons so chosen by the plaintiff and defendant- - The Assistant lira Chief Donovan received bis jast deBerte tha other day. The citizens of Salt Lake presented him a medal for bravery. Dave Felt is known as the now journalist Fitzsimmons of Utah. e John M. Roods, who seduced Lett Rasmussen, was granted a divorce from his first wife Ssdie Kooas, and be Is now at liberty to marry Lena Rasmussen. Attorney Joseph Richards called Bar-loFergasoa a prevaricator and Judge w Cherry flined him $5.00, We have never bad such a mammoth stock and such a large assortment of clothing as we have this spring. We are simply overloaded and to cut down our stock we will sell all suits and oddfpants at 20 PER CENT Below the rrice for cash. This is the greatest offer aver given the people of Juab .county In clothing. This brings some of our Mena Pants down to the low prise of 60o. a pair and gives good suits at less than poor shsddv certs anywhere. The sale will Include all our Clothing, Mens, Beys and childrens Knee Suits, 5 If you will call and see our stock we will show you whet bargains are. Just thiak- -a straight 20 per cent below the lowest prices, Thats the bargain it gives you. Call early and get your choice. However natters were fixed and the fine remitted. s a a And now comet to us charges ef bribery in the Salt Lake street shrink-lie- g contract. The natter, it ia said will be ventilated in the courts in the cross complaint which Mrs. Griffin is bringing against the action for divorce filed by her husfesnd. a e a e A fatal Buowslide near Brigham city resulted ia the death of three men. The accideat occurred oa the Coaitli-dateMining and Smelting property. d To Chicago or St. Louis via Omaha or Kansas City. The service of the Union Pacific via either rout is the very beat. Tha equipments consist ol bandsome day ooaahsi, chair cars, Pullman buffet end drawing room sleepers, diming cars and buffet smoking and library cart. Fewer changes than via any other line. For time table ratee etc., call on E. D. Wickens. a EMMOR BGITILI const Leaders In Lor? Prkro. v |