Show FARMERS SUIT fiLED Action Against City Fisher and Hines t JUDGE REFUSES INJUNCTION Farmers Ask Temporary Restraining1 Order Preventing City From Interfering Inter-fering With Their Use of All the Water of Parleys Creek Temporary Tempo-rary Order Denied and Hearing Set for Tomorrow ForenoonFarmers Bring in the Old Agreement and Asli Damages The attorneys for John GAbbott and others representing1 the owners of the primary rights in the water from Parleys Par-leys canyon creek yesterday morning filed a complaint In the District court ajjalnsL Salt Lake City T M Fisher and Frank lines In which they seek to have declared annulled the contract dated June 25 ISSS between the city and the owners of said primary water rights The plaintiffs also seek for an Injunction In-junction against the municipality and their attorneys applied to Judge Morse as soon as the papers were med asking him to grant a temporary order restraining re-straining the city pending the trial of the case from Interfering1 in any way with their right to use all the water from Parleys canyon creek for the purpose pur-pose of irrigating about 2500 acres of land on which fire growing crops ly lag almost wholly within the corporate limits of the clti HEARING TOMORROW Judge Morse declined to grant the restraining order without a hearing and in time absence of any notice to the city that such an order would be asked for The plaintiffs attorneys seemed to be greatly disappointed at their failure to secure the order but were somewhat consoled when the judge announced that he would set the application for a temporary restraining order for hearing tomorrow August Gth at 10 oclock am A rule was issued against the city returnable at that i time to appear and show cause If It I can why the Injunction should not be Issued This moans that both sides will he allowed an opportunity to produce evidence evi-dence or submit arguments sustaining their respective positions and that the court will be fully advised as to the whole situation before taking any Important Im-portant step one way or the other in the case The attorneys for the city will doubtless file an answer to the complaint or at least present some pleading controverting the plaintiffs right to the water in controversy WHAT FARMERS ASK All the material allegations of the complaint were set out In the article on this subject published In The Tribune of Sunday Briefly it is alleged that plaintiffs and those for whom they sue formerly owned the water In Parleys canyon creek that they agreed to exchange ex-change same for an equal amount to be furnished by the city from the Salt JJako and Jordan ClLl1nI that the dally suPply to he furnished this year as fixed by the commissioners Is bSOOOOO gallons and that t the city having failed to furnish said amount plaintiffs now Insist upon their right to retake for their own use all the water In Parleys s canyon creek Besides asking for an injunction the plaintiffs also pray jUdgment Judg-ment against the city for 5000 In damages dam-ages 52000 attorneys fees and 200 costs Many Made Citizens In Judge Morses court yesterday the following pnrflono renounced their former allegiance to the rulers of their respective countries and were duly naturalized OB citizens of the United States George Williams Thomas Doney Thomas Bythewny H TV Mander Robert Rob-ert TJ Brown Charles E Carpenter of England Samuel Kapple Lazarus B Nulsh kind and Nathan Nuishkind of Russia Rus-sia Soren Madsen Soren L Nilsen and Gustavo Johnson of Denmark Swen A 1 Johnson of Sweden Lam Johnson of Norway i Albert T3 Carr of Australia Peter Kelne of Belgium Carl Ilolden of Germany There has been quite a rush of applications ap-plications for naturalization papers recently I re-cently but the demand will probably fall off now as today Is the lust day on which persona can be naturalized Iji time to qualify them to vote at the fall election Court Notes Judge Morse yesterday granted Annie An-nie M Bancroft a divorce from Lewis J Bancioft on the ground of desertion deser-tion In the suit of Adllla Clark against Patrick Clark and DI C W Higgins Judge Morse yesterday made an order restraining the defendant Higgins from paying any money to his codefendant Clark restraining defendant Clark from disposing of his property and granting the plaintiff temporary alimony in the sum of 523 and the further sum of 25 ais attorneys fees |