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Show POWER CASE IS TO BEJPPEHLEO Announcement lo the effect that the case of the United States against the Utah Power ,fc Light company would be appealed ap-pealed from the federal district court to thf circuit court of appeals at Denver was made yesterday In the federal court "by IT. JS. Booth, United States district attorney. The district attorney stated that he would stand on the original bill of complaint and upon this declaration .Tudgo John A. .Marshall dismissed the complaint. This action was taken so thnt a final Judgment coulcl bo appealed from. The cascj against the power company socks to secure a permanent Injunction against the company from operating Its fleet ric power producing plant In the Cache national forest. The company has refused to cither pay the license demanded by the government or to secure permission permis-sion to operate from the secretary of the Interior. On the grounds that the rcsorvolr, flume and pipe lino of the company wero placed on the government land before It was declared de-clared a national forest and that under an act of congress passed in 1SA6 It Is permissible per-missible to operate power producing plants In national forests, a motion to dismiss certain parts of tho original complaint was filed by tho defense. This motion was sustained by the court. Instead of amending the original complaint the government gov-ernment prefers to hold to Its original allegations and carry the matter to a higher court. Federal District Attorney Booth's contention con-tention is that the low covering operation of power plants on forest lands pertains only to the use of water for mining and Irrigating purposes. He Ik carrying It to tho higher courts to learn whether this la w included the uso of water for electrical power purposes. |