Show WATER TRIAL BEGUN Citys Demurrer Overruled I by Judge Morse PLAINTIFFS OFFER EVIDENCE City Attorney Nye Argued in Support Sup-port of His Demurrer That the Plaintiffs Should Seek Their Remedy Rem-edy by Suit for Damages and Not Through Injunction Congressman Congress-man Sutherland in Reply Argued That Farmers Have Right to Ra tako the water The trial o thn case of John Gabbott and others ajralmst the city Involving the ownership of the water rights In Parleys Canyon creek begun yesterday before Judge florae In the District court Ill demurrer to the com > lnlnt was overruled after tho lejnl mentions raised by that pleading had been argued by City Attorney At-torney Nye and Congressman Sutherland Thereupon the answer of the city denying deny-ing the principal material allegations of the complaint was tiled and both sides being ready to try the comic on tho merits the taking o testimony I on behalf of the plaintiff was bogun Up i to t the hour of ndinurnment taat uvcnintr only six wlt noaaca had been hoard AS n number of additional wltmsscs will bo called by tho plaintiffs and as several persona will testify tes-tify on behalf of the city Ills not likely that the case will be finished today SEEK EXTRAORDINARY REML3DY City Attorney Nye said lust niGht that he was not at I disturbed by tho dfvcl ormomu in the case tlnui far He I thinks the nlalntlfTs will have to make a much helm uhowlnu than they were able to make yesterday In order to win H must be orler mind said Mr Nye that the plaintiffs arc flecking an Injunction an extraordinary remedy the use of which the law does not contem cOltcm plate except In extraordinary cases Tho nlninlidTs claim that the city has violated Its contract with them by falling to sup ply a certain amount of water from the Salt Lake and Jordan canal mOOd that a 5 nnl a dIrect result of this failure iho plaintiffs mire about to suffer urcaL and Irreparable iiamacc Hence they ask that the city be enjoined from Interfering with them InlcrCCIhlj in their imrpoa to lake over to thom selves all the water In Parleys thlm ni canyon WHAT THEY MUST PROVE Now before they can got their In junction they must show not only thnt t they hal been damayed but that the damage has tieoiu ao great that It cannot be adrquaUly compcnaalod for by l I Judgment Judg-ment acainst the city for I money Ho far the 1lfln I Ills have Introduced six witnesses Mr Nye continued Not ono of them baa testified to any serious damage that has been done by the shortage short-age of the water supply Some of them huv mentioned a lew llelds of thfa Ito which havo suffered for lack of moisture but all told the dnmnKOS proved up to this time t will not exceed JSOo Now I do wi co not linnclue for ono moment that Judge 1 Forso IH going to issue an injunction against the city depriving It of the use of IH water In Parleys Canyon crook aolly because a few faimers are about to suffer darnauen to the amount of Zl The Judge knows as does every other Intclllport man that a Judgment agnlust lImO city for ten times yea I hundred limes that amount could lie easily collected col-lected AJ I view tit case the plalntllTn are bound to fall oven J they I rovo greater damages than I the amount established estab-lished by tluilr wltuesres today DEMUFRBIl OVERRULED Mr Nye made I hard fight on tha I demurrer de-murrer to the complaint lie ho > ud the court would 3iHtaln the demurrer thereby bringing the I emu to a sudden conclusion and oiu that would have been favorable to the cltv Ono of the points on which he depended to have the demurrer sustained sus-tained was that the hilntlfd should seek their t remedy by briniIii an action at law for damages Instead of coming Into a court of eciulty and asking for an injunction An Injunction will not Issue 1 ho said during the cornBe of his uriument to take property from ono person and gIve It to another Nor will It issue wlioiv the remedy al law by means of damages IK full adofiuato and complete Mr Nyc spoke of the fact that t the proceeding pro-ceeding I Jf successful would deprive tho city ot water which Is urgently I needed ala al-a tlmo when It will be crowded with strangers In fact the speech of the City Attorney was an able adroit and plausible argument but he did not succeed In con vlnchiK Judge Morse that his position was iSO correct ono Congressman Sutherland attached special spe-cial I Importance to that provision In the eon tram between the I city and the farmers which ho claimed gave the latter the nigh to retake tho I waters In Parleys Canyon creek at any time alior twelve hours notice without Rolny to law about the ntmm tier at all This notice Mr Sutherland aald was served on the city but the authorities authori-ties went a t lot of armed men Into tho canyon to prevent the farmers from ta 1 ling possession of heir t property Thu 1 city Is I now wrongfully In possession of the water and I contend that I such wrongful possession makes a situation that I can bo properly remedied only by Uik Injunction x COMMISSIONERS TESTIMONY I After the court hind overruled the do murror the plaintiffs placed I M l Fisher Land and Water Commissioner on the stand He testified to the measurement by which IL was determined that the amount of water to he furnished by the city this year In exchange for that t In Parleys Canyon creek was 8SOO 000 gal Ions He said that owliu to the dry weather and the low stage of the water In the luke and river It was plvvskally Impossible for this amount to be supplied From July 2nd to July 17th he said tho dally supply was about lGOOOCO gallons July 20th the amount was Increased to G2JOOO gallons but on lie C9th It had dropped down to 2ron000 gallons This amount ho said had been Increased very little notwithstanding the fact that the entire Mow of Parley Canyon creek had been running into the canal since the last nired dale On crossexamination Mr Nyo brought out the fact from this witness that tho stago of water in the canal is abnormally low during the present season and that this Is due to a decreased rainfall evaporation evap-oration etc etcFARMERS FARMERS CALLED Following Mr Fisher the plaintiffs Introduced In-troduced John Gabbott Joseph Powell John F Howclls Jamas Brlpgs and James Johncon They all agreed In saying that they had not been getting as much water during the present season as I was supplied to them In former years Some of them mentioned u few small crops of alfalfa which had been Injured by the drought but none of them had any stories to tell of great and Irreparable damages done by the partial failure M the water supply These witnesses on crossexamination admitted that they had cone Into Parleys Par-leys canyon the day the city sent the police up there and Mr Nye asked them If they had not gone there with the Intention 1 Inten-tion of using force If necessary to take I Blon of the but tho 11 1 possession water they denied having been actuated by any other than the rnostnoaccnble motives In their visit to the canyon on that day Court Notes Tottlc Jcpperson has begun suit for dl vorco In the District court against her husband l IlanS Jcpperson on the ground of failure to support Judge Morse yesterday handed down decrees de-crees In two divorce cases pending before him Margaret Roberts was granted n divorce from Fred Roberts on the ground of cruel treatment and on the same ground Nils J Torkclson was given a dl vorco from Gcorglne J Torkclson A petition asking for the probate of lie last will and testament of John Henry Tucker who died In this city July 11th was illcd In the County Clerks office yesterday yes-terday It Is stated that t the decedent left personal property valued at 7iOCO and that tho devisees under the will arc a slater living In Kansas and two brothers two sisters and a number of nephews and nolces livIng in Maryland Thou petition will be heard August 22nd |