Show MAYOR IS SU BONDS WILL WIN I om New York Tp As Assured sUI d of Success TEST CASE WITHOUT DELAY II SUPREME COURT DECISION EX EXPECTED EXPECTED LN IN TEN DAYS Mayor R l F reche home homeI I from New York lat last I tt the 10 bond del would go through an and that the work on the Im Improved Improved proved water r ad sewer s ten would 1 b b delaye delayed but little longer Naturally thi thE myor mayor wa wa f feling eln go good over the outcome or of his trip t 10 the eat east Attorney F S and City Attorney Dey wl Wilt t work In the In the preparation of a sui suit to tet test t th oC o bond Ise h be sid said The suit v i ilL b In the nature o eC an I by ame some to tb meet nI nil rl raIsed b by the It is thought the I th sui cn can canI I be taken directly to the supreme court disposed of in S se ten J Ja I a s Tit The resul result of th the IU to New York I b bv Ma Mayer Mo Morris Attorney Richards I Rube S Wels Wells was hit hii before fore th the city council last night I lii In the for form of a communication tel tell I II I I of thir their wIt with the le Jl gl o of t the Mutual Lie Life Insurance of oC New Yok York and I of the final of t the insurance to take th the bonds providing tat th supreme curt court of oC the ste state de that tM the iu was wa le legaL l Ac thi this was a av ay y v o of a communication Uon made to the pany by th the committee On m mo moI tH I of Brn Barnes both were up upon the minute an and fl filed State Case to Mr Short The of the commit tp he was to Ewar Edward Lymn Lyman Short hort general sitO solicitor for the Mutual t L fe Insurance company I It was l y Mayor R R P MorrIs l Attorney F I S Richards an and Councilman Rulo Rulon S I It contins contains a reum resume of oC the oI mater matter up to date a as In Ii your letter of oC th the It In reference I male made t to Judge ud e Dys Deys statement tl jj was redy ready to comply with any 1 C I it could ofer offer to th the atis f 1 ution Of our to th the end that 1 thc lp of th the bonds wol would en An all b be 1 in the water an and C system and in I coin 1 i l wih with t scheme presented t to t the b and you sid said you gathered fm from tenor or of th the ht letter r that Dy DeY to write yo you a again n We c lre nrc au an aut t t to ay aay fo for him that he ex cx exI I YO You to su t BUh H us would b be satisfactory to your c corn inh In thi this matter and wanted to hear har irm you ou on te the subject Ht th the You ah also s say In your letter that if we dere to submit further consider at n you wil wilt b be happy to consider them theman an dds the company theren thereon Expect to Follow Original Plan itt In the ver very we dr desire to you ou in t the mt most emphatic terms I tat at the cl city expects to follow In every the schema that v s 5 submitted to the voter voters Thre There hs has Jr been n an any other intention on it its Jart and there ar are D o In t the wa way rann cannot b be overcome The plan submitted was for the water supply of the cl city by laying pir pipes and establishing a water system to conduct nud Water from Be Dig Cottonwood creek and MI creek an and thir their tributaries to Salt Lake City an and acquiring water and wa wat walt t lt rights in si said streams and In lake Iak and b by improving an and expending the present system of water at r distribution by which water is nw now throughout skI saki city In the committees adre address to the th tx tax t E page 5 it t that t the city has a daily supply fy of over gal Inns of Utah lake reservoir water which i desires to exchange fr for portable water a as it ha has the per power to d do uner under artile article I I n IL section G 6 of the constitution of Ut arid 1 on ps cs Sand o the it reservoir wAter for th the water 01 0 Bi Big Cottonwood crek creek T These ar arth are th the opt options which have been referred to in i flit correspondence D and as they expire n July ut 1 it is very important that that thc sale of the t he bonds b be consummated as soon a as so the city wi will be Ir h a a position to tM the exchange 8 the time for s so do doing expires One Obstacle in the Way I It wi will be se seen fr from th the for foregoing ong that there are n no difficulties in th the wy way of the these water rights T The only s the caim claim af f tM the Utah Light RUay Railway company that It hs has the right tl t have the ater of Rig Big creek fow flOW dow down the stream to a point l 1 tl the J c where hr tb the city ty desires 1 I ler it Into the proposed conduit Th city D not only qu questions ton the validity C f th right but ha has the un uni i pwe power to condemn any right I it may have In tb the premises No legal lal have been taken tf to determine or the right t b the l 1 ls uttered to convey the ht same me to the cit C i ty a is consideration fo for a conston consolidation md and o of cin certain franchises which J t nw hu huMs fr from the et cli A 1 bl bIll for foran au an Intended to this PUS 11 Is nw DOW in the city run coun cil i I a d will m doub b be dUp disposed of There are good nD reasons to be liete that at a an ery early date the matter will m l be satisfactorily adjusted hut but jf if nt not th ty wl will Dro proceed to Condemn wh what t fr rights ay may b be ry fo for the C n o of th this pur purpose that Is the the of th the of B Big Co Cot Cott i it t creek A and u tM extension of It its wt system se a as 0 conduct tl the i came int into th the elte Power owr to Con Condemn In a few w words should 1 aiti Ii about t the ty r right o of eminent main in explanation o ot Judge Dys Deys j letter fter Or Our stute statute sUOI section rf re 1 1 S as am In 1 JliI I t es that tle the power er o of eminent do domain donin I main nin m may b be for rd roads Sets and o Aley alleys and al all JI public uses fr the benefit o of ay say county In r th ted i city or t town o or the Th Die is statute was taken fr from U the CH Call fornia fernia c code an and ha has been h held by the C 1 3 reme cur court of th that state to authorise tL o of water ter In 10 Ind d it I is t the weI well settled rt rule in thi this that th the furnishing of water te to toa a I is a public pUI o fo for j hh the right of eminent dm domain MY may Fi exercise d to procure either laud or orV V r for the p purpose I Ill ll if referred t to by Jude Judge Dy Dey In hi his of March lar 31 JJ I It Is now I I nW td UL ati Is not dla disputed by th the c counsel 1 fo for I th ompy that tb the ct Dwer sewers of oC i minn dot a are ame ample to eb it itt t cully a accomplish Its P purpose t these I were not mp I so wel well understood at attl tl tl time the w was I In i and I It was th then considered to j hH han th the law s so aDd amended as to express to lv h tate state that water rights m might ht b be cn con cont t I It is b now der clear tb that t this c can canU U b uner under t the exIsting law lawOne lawOne One Objection to Test Case Cases As s we understand the obO mn men in vor your Jete letter t to Judge Day dat dated 20 19 they are founded ue 1 upon t the assumption that th the city might Dt p su sue In cring carrying out tb the P plas proposed in reran regard to the purchase of water etc etc We f he hate endeavored ore to show how the tty city can n and wl Will crry carry carryout out ut the proposed plan I It Is Ir eUry entirely feasible an and Dpn wi will b be carried ot oat f lit ee every particular Ti This bJ s so thee titers would sem seem to b be no n nerecy t for t the test 1 which you yon s suggest tt I hi r J t tor ter However th the only the thecly cly city 1 1 to hai having uh such a ease I Is the delay elay that will m n y mae rolt an and It if yo you Ins Insist t on hay a ang lag ng OU oc supreme cut court pass PO tI the Ild ty of ie the pc proposed bond J l imite ah I In n a CUI case Will H b be Instituted and aud Irto 1 to tta final a as soon a as pea 8 t tale ale Before doing s so bW r it Is to know whether titers a aan a an othEr oth r objections fr for t ties tr tra eurt rt to iaac upon than thO those hi your or orl l letter tJ a as we understand un lt l ju of article H 14 se r o ta of te the constitution ati of te the state Mate Mater 0 Jt not kow know ot of nor believe tt thre there are ay any vali yaWl oto objections to th the is issue Issue sue of th these bends Certin Certain persons In Salt Lake CI City who th the bond I before th the eton election an sad at th the polls employed on one t If f the leading lw law fr Mt Heer Henderson Pierce Barrette to investigate the mater matter an and M see I If It were possible to enjoin th the city froin Issuing th the b bonds Mr Pirce Pierce tok told Mr r Richa Richards that h he might tel tell you o that I he Mr r Pier Pierce hd had made a ver very careful examination of the subject spending sev several lV end eral dys days In the Investigations an and that he hd had no not s in finding an any gound grounds fo for attacking th the validity aUdi o of th the bonds He ab sid said he had bad b been unab unable to fn find a sDI single faw flaw in aty of th the pro po in anti and wa was obliged e to report thAt thre there were f no grounds fo for an injunction We e mention thi this bUt because in your letter o of March ar 2 yo you W use the expression In sEtting you this I 1 lum that thre there were I no other lg legal 1 objections to th the b bonds The city B now desires re to whether In I your opinion there are any other la legal i objections so that hat If th the test cs case i Is I Imade made i It ma may cover al all th the and s an I nettle th the question o of th the validity an I of th the bond issue ue i In thi this connection we desire to rein I tn you that the 11 arn arising fr front the sale of the P proposed bon bonds a are to b be u uin used f in the enlargement and exten extension of tb the o pent waterworks system which I Is now one owned and ard controlled b by Salt Lake Cl City ao and Is valued at Abt about 5 Uner Under I our present rent constitution in 1 Salt Lae e I L Cf City ie issued water ater b bonds to th the extent of ofa I Ia a quarter of a million dolar dollars With the I sm same condItions existing an and for th the same purpose r fm for which th the prent present i issue i is fe tie i r sired Out supreme l court decided that they were eat and a similar I r rr decision was r rendered in t the I Logan Cl City c ease referred I tu In Judge ud ys letter o of March arh a 31 J I We respectfully ret request tt that si said letter j b be ctr considered I in connection with ti this cm corn t i City Ready Willing and Able i in h n we C tre desire to Mure assure you o I again that the dR city Is n not ol only ready bt but willing ad and abl able to fully cr carry ot out t the plan which was submitted to the w t t I Iera el era In oe order to do s so It mut must I 1 mate th the sale Ie of oC the bI bonds In tm time to ex cx I erM 11 Its options for t the exchange of wa ter bo thy they expire it H H Is willing to give a any and al all anC within It Its power that the proceeds of the bonds pe th wi will b be to th the Pl purpose for which I they y Will b be ls Issued I if yo you tn van en consla waVE waive te the tt test c case It I Is earnestly erty cire desired o on th the J r tiC oC th the city that YOU do I so of th limited B t tm time which a decision Just must b be If I I how In site spite of the Ule fat facts which In i or our s seem le k render such a a case un unnecessary r you O sl still I t upon It we I dr desire to k know O tiney definitely jat just what It point o or points you OU want ri raised In the ease 5 so sowe I we my may lv have assurances that when n a favorable de decision I Is rendered ther there will be no further b difficulty or in con summing th the sale I 0 of the bs bends erl followed in re to the communication until a perfect understanding was reached b be tween t the representatives or of th the city an and t those of oC th the insurance company No S IUn w was made made by the corn com pany as to tI the pint points to b be submitted Al that W was aske asked was that te teMp the Mp supreme legal curt court declare the bond Issue |