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Show FEU ATTEMPTS II Kill HUES Makes Desperate Effort to Do-fond Do-fond Action of Morris-Cliurch Morris-Cliurch Gang. CLAIMS AGREEMENT WITII WATER-USERS LS ON FILE Amount, However, Is Not Stated in the Contracts Made With City. Members of the "cum-ahoo" commltteo of the former City Council made n. des-pcrato des-pcrato effort to defend the action of the Morris-Church cant;, In connection with tho operations In Big Cottonwood canyon, can-yon, before the Commltteo on Waterworks Water-works of the present Clcy Council, Thursday Thurs-day evening. F. 3. Fcrnatrom, who wna hlph In the councils of that notorious sccrot "KUin-shoc" "KUin-shoc" body, came in cocked and primed with alleged Information and attempted to Instruct City Attorney Hiles and Assistant As-sistant City Attorney Dlnlnny as to their duties. Purpose of Meeting. When the committee was called to order, or-der, Mr. Mulvcy, chairman of tho committee, com-mittee, announced that the meeting waa for the purpose of considering tho Forry resolution. This resolution, as has hertj-toforo hertj-toforo been stated, was Introduced, at tho request of the legal department of tho city, for the purpose of ascertaining what, if any. lights the city owns in the waters of the Big Cottonwood stream, througn exchanges and otherwise. Hiles Makes Statement City Attorney Hllcs stated that there was some uncertainty as to the water secured se-cured by the city, through the contracts entered into with three ditch companies,-and companies,-and pointed out that the contracts conveyed con-veyed to tho city a portion of the water, without defining tho amount conveyed. Ho also pointed out that thero was no data or memorandum by which he could ascertain ascer-tain what amount of water tho city waa supposed to have secured. How Question Arose. Ills attention had been called to tho matter, Judge Hiles said, while arguing a demurrer in the Knudscn case. He was asked how much water tho city owned In the creek, but could only reply that It was none of the other side's business. It was Important, he added, that the City Attorney's ofllco be advised as to Just what tho city owned. Judge Hllcs then pointed out that the contracts conveyed a portion of the water, but did not specify what portion. Fernstrom Breaks Loose. Fernstrom was upon his feet heforo Judge lilies had concludr,l and. as soon as Chairman Mulvey recognized him. ho began to tell that tho record of what water Is owned by the three companies with which the city has contracts is oh file In the otllce of the County Clerk. It was shown by an arbitration agreoment, entered Into in 1SS0, Fernstrom said, that the Big Cottonwood Lower Canal company com-pany owned 5-8 10-GO of the water from January to June 20. and C-l 10-C0 for tho remainder of the season. Hill Ditch, 2-6 10-60 and 2-S 10-60 for the two seasons, Big Ditch. 19-G 10-CO and 21-7 10-60. Pertinent Question Asked. "But why was this not embraced in the contracts?" Judgo Hiles asked. "The companies refused to atato exactly ex-actly what they owned." was Fornstrom's reply. "There Is a dispute between the Big Ditch and tho Green Ditch na to 2-CO, and they didn't want to do anything that would cause trouble." "Who drew the contracts?" was asked. "Tho attorney for tho canal companies," was the reply. "What was the obiectlon to stating the amounts of water claimed?" "They just wouldn't do It; that was all." All Not Named. 1 Further questions developed the fact that all tho water users are not named In tho arbitration agreement, or decree, "Why wouldn't thoy put in what water they claimed?" asked Mr Dlnlnny. "They didn't want to defend lawsuits," Fernstrom answered. "But they want us to defend them," said Mr. Dlnlnny. "Yes, that's right," was the reply. The "Gum-Shoe" Committee. This exchange between Fernstrom and Mr. Dlnlnny was followed by a general discussion, during which tho action of the "gum-shoo" committee of tho former Council was discussed. Wells and Fernstrom Fern-strom declared that tho "Special Water committee" had only the best Interests of tho city at heart, and that all members of the Council were welcomo at Its meetings. Bomb Touched Off. "What do you say about that, Mr. DaVIs?" asked Chairman Mulvcy. "I do not know anything nbout what tho commlttoe did," was tho reply of Davis, "ap the meetings were generally r.ecret. At tho last ono I attended I was told by Mr Snow that they were going to bunko the farmera. I was also told that they were going to buy Spring creek for $133,000. and tho one thing that I did that I am proud of Is that I assisted In defeating the Spring creek proposition. I didn't attend any more meetings, because I was told that they wero not open to the cltlzen3,and I didn't believe In doing buslncsa that way." Martin's Prediction. "And I predicted right along in the former Council that we would havo lawsuits law-suits aa tho results of the most unbusinesslike unbusi-nesslike way In which this water proposition propo-sition was handled," interrupted Martin. "I protested aa-lnst tho form of these water contracts, and I say now, aa I did then, that wo will have oxpenslvo Iltlgu-tlon Iltlgu-tlon over them. It always looked to mo like a scheme by which those people hoped to get their clutches on tho city." How It "Was Worked. Davis then declared that, ns ho understood under-stood It. Snow, attorney for the canul companies, and tho man who drew the agreements, went to his clients and told them to get the best bargain thoy could get as tho city had to have the wutcr. Before the adjournment of the commltteo commlt-teo Judge Hiles asked Fernstrom If he, or the committee, ever mado any report in vrltlng showing what water was owned by the companies with which tho city proposed pro-posed to exchange water. Just Talked About. Fernstrom roplled that he did not, but that It was talked about and generally understood. "That may be trut, remarked Judgo Hllcs. "but the Council Hhould have had a report In writing, so that tho cltv government gov-ernment would be advised as to what was being done. Such reports should be on file In the City Attorney's ofllco." Regret of Wells. Wells expressed regret that the matter bad come up, and hoped that the Council would see :ts !'.'ay clear lo negotiate for additional rights In the canyon. The statement was made during the discussion dis-cussion that CUy Attorney Dey, Assistant Assist-ant Cltv Attorney Bramel and Associate Counsel Richards passed on the contracts. Judgo Dey Explains. So far as Judgo Doy Is concerned, he denies that ho had anything to do with the matter. Judgo Dey said to The Tribuno yesterday; "I had nothing to do with these contracts, . I drew up a form of contract that I considered nrotcctod 1 tho city's rights, but thoy. wouldn't have It. As I understand It, the contracts wero drawn by F S. Richards .and Ashby Snow." After deciding not to have another hearing hear-ing until the return of Franklin S. Richards Rich-ards from Washington, the committee adjourned. ad-journed. Plight of the City. The matter Is loft practically In tho same position as the one In which It was found. As pointed out In The Tribune yesterday the canul companies do not ngree lo convey any specified amount of water to tho city; neither do they undertake under-take to defend the title which they claim. And, again, although there Is a consideration considera-tion of $37,430 for tho exchange, thore Is no mention of it In the contracts. In other words, the city puLs up nil the money and takes, tho sole responsibility. And, should there bo u dispute us to tho quantity quan-tity of water, or the right o tho city to tnko It, the canal compunlcu will simply look on and smile, while tho city la defending de-fending their righto |