Show WATER I remarks upon this taxed question I i EDITOR JUNCTION knowing ou love the right and that the col it ain of your paper are open for free discussion on all subject of public character permit me to say a few words on irrigation with a view to erase from the mind some wrong ideas entertained from the lack of a correct anding inding the west weber irrigation company wa organized may und authority granted them by the municipality to construct a canal aiom the weber river through a section of country requiring irrigation this canal was constructed serving for a time the purpose intended but the trustees finding it too limited to supply the increasing demand for water determined upon enlarging said canal and thereby employed jessie W fox esq to survey and locate what is now known the wilson irrigating canal to whom they paid for service 70 in cash when dollars were scarcer in biah than they are today to day on june ard 3rd G C wilson and others desiring a territorial re cognition and seeing the of having law as the basis of action petitioned the county court to be organized in to an irrigating district which was granted on the following conditions the people so desiring masse appoint trustee said trustees make an examination of all the land in the district and the kind and quality of the same to be bene fitted by the contemplated canal and make an estimate of the cost of constructing sufficiently large with head gates waste gates and all the necessary belongings thereto and then report to the county court the trustees did as directed after which an election was held at the residence of mr G C wilson when the following questions were put to the electors present by the county officers do you agree to pay a per cent property tax or per acre land tax to construct the proposed ditch or canal do you approve alie action of the mass meeting in the appointment of trustees A unanimous vote was cast in favor of a land tax of eleven dollars per acre on all the land in the district to bo by said canal the trustees were also unanimously sustained in relation to taxes the law says if upon counting the votes it shall appear that two thirds cf the votes polled have been answered in the affirmative then the tax so agreed upon be a law in the said irrigation district having complied the law of the territory under its protection the trustees proceeded with the enlargement lar gement and extension of the canal aa best they could under existing circumstances paying man and team jor eight hours labor in glo men after a choit time in order to increase alie interest in the completion of the work among those who were to receive the benefit the wages were raised toa and to be paid in stock of course the estimation made of 11 per acre on all the lands to be benefited in said irrigation district amounted to about which was found to be to finish the canal in view of that fact at the last an nual election an additional tar of was levied making the tax per acre 1225 it is strange but true that no matter how anxious the were or bow groat the in du cements they held out the canal was still far from it completion but determined to do abo work entrusted to their management in a creditable manner they publicly called a apet ing which it wae their right to do to all the legal voters in the district the of april last at said meeting a general report of the condition of the canal was given by the trustees and the amount ef means needed to complete it with a view to bring the work to a speedy and ef termination a proposition was made to borrow sufficient money for that purpose after considerable discussion disc for and against the pro acca acct it was decided by a large majority jn ite favor the true teeg were therefore authorized to borrow the money and that all landholders give their note as security for per acre to la paid in cash with interest at it per cent thirty days from date of said note babor notes were also taken on a baste thereby leaving no ono out in the cold but giving a chance to all personally interested to help the work alo g gitig additional dollar made the land tax in tho district amount to 1325 per aero the money was agreed upon and now the canal ii nearly completed money makes averys thing go the trustees have had to battle with untoward circumstances all tho way through and to contend against personal opposition pally from hose to receive upon the completion of the canal special and permanent benefit the right way for ditches or canals constructed fr irrigation was granted by the united government through all pub ip domains to the location and construction of the canal and consequently before the land was claimed or a land office etab in gait lake city for the sale of such lands tho runs through certain partie fc I am airry to say prompted by a spirit of oh et inacy contested the right of way for said cand through this land thereby need leely retarding the work an u hindering tap general goob water macca tho land valuable influence it would forever a flowerless flower lees barren waste A short ialongo a certain party known in the ct the owner ot 10 acres of land lyent and took water froni ho canal without right or title the trustee ever watch eulond attentive to duty sued him for such action but apon ac before abu court of the lirong done he was leniently deal had read the amended laws of utah on irrigation he would have seen exactly on what condition the water right ie granted him and others the law provided pay their proportion of the incurred m llo construction and 11 repair of the canal blumes flumes dame tr ditche do the look of the company how that he haa complied with the lawe in the ra nicular no they do not no to the water as the law bui landholder in eaid district who neglects to pay his proportion of the tax o determined or to satisfactorily estlle with the trustees for the shall not be entitled to tote or to hold any office in said irrigation company nor to the uso of any of the water from the canal or ditches of eaid district this is certainly so very plain and explicit that even he who rune may read and understand this man not satisfied with the kindness shown him issued a writ of mandanice ae for the irrigation com pany to show reason why he should water sufficient for ten acres of land the case came off before hie honor judge emerson on wednesday instant and strange to cay withstanding noth the able arguments of the companas Comp anys attorney in sustaining the law and defending the just rights of all interested it waa decided against the company the judge in his ruling said that owing to the intense heat and lack of opportunity be had not been able to properly examine the law but from the examination he had made he found it to bo somewhat ambiguous and consequently did not wonder that mistake were made by parties not comprehending law in its true rendering this of course is perfectly correct but if mistakes are ignorance of law and others are injured by such mistakes then whose duty is it to correct those mistakes and see that tho dignity of the law is maintained lawyers in their logical pleadings at the bar and judges in rendering decisions of course the case just decided against the aileon irrigation company has caused much talk and considerable bad feeling in the community especially ally acaling those whose interests are identified with the company such decisions do harm than is anticipated it lets the bars down ajr those whose disposition lead them to trample on the rights of and might eventually become right tho law says the trustees shall make an estimate of all the lands in the district to be benefited by raid canal if they had made an estimate often or twenty acres to the as parties owning said land in said district choose to pay for then when would the canal be completed sufficiently large to water all the land in the district it would a long time the trustees however saw fit to do in this particular what the law provides and the result of their labors is seen today to day in the near completion of the wilson irrigation canal much to the satisfaction ol 01 anxious truthful law abiding souls who have needed water for many years the judge also said there was no company until the canal was completed with as much propriety he could say that the UP and B R cos were not companies until the roads were completed the law that recognized what is known as the wilson irrigation company and gave them power to act does not say so ifft is no company then in the name of common sense what is it who has built the canal and paid the expenses incurred Is it the trustees on their own responsibility lity for speculations sake were the trustees chosen and elected by ahe landholders or is it assumption on their part did they give bonds agthe law provides for the faithful laith ful discharge of duty the trustees are all lionor ablo men have complied with the law in every particular and are consequently officers of the wilson irrigation Company now and will be if elected reelected re when the canal completed the statements of the adge to the contrary ia in conclusion allow to say as lax payer in the irrigation district I am opposed to any infringement on the and regulations of the company those onay who comply with such are entitled to benefit although the decision given by tho cudgo not knowing perhaps is contrary to law I believe after cool he saw bis mistake and when the ciso of appeal comes before the supreme court will willingly assist in rewinding recin ding it by such a course the confidence of the people will increase in him as a just and impartial judge in the administration of law TAX PAYER |