Show FORMER SENATOR BROWN AND CITY I ATTORNEY NYE CLASH IN COURT Court Commissioner J. J Fewson Smith Jr appeared before Ju Judge c tor l Morse e this morning to show cause why he should not allow the city all nil of the eleven CUbic cu cubic cubic CU- CU bic feet feel per second purchased by It on Jul July Oth from the Utah Mattress company company com corn pany for After Arter hearing healing the pleadings of ot Capt B. B A A. Wedgwood representing Commissioner Commissioner Com Corn missioner Smith City City Attorn Attorney y Nyc Nye find Attorneys Drown Brown and Henderson the court continued the case till 10 o'clock on Monday Monda morning August Instructing the Clerk rk to serve the attorneys of oC record In the c case se with I notice to appear In taking this action Ju Judge e Morse said said- From tile tRo language of ot the petition It would seem that Salt SnIt Lake L City is isanI anI only asking that the Court Commissioner Commissioner Commis Commis- deliver through the thc Gardner mill millrace race rae the water that the city ha has purchased purchased pur pur- chased from the Utah Mattress compan company com corn pany pan and that It Its purpose Is merely to ask asIc the court to change th the point of or diversion If H that Is the purpose e all nil parties to the case se ought to be before the tue court so as to see ee that none of their I vested rights are nrc Interfered with Capt Wedgwood pleaded Commissioner Commis Commis- I ioner Fewson Smiths Smith's ca case e at considerable consid consid- I arabic erable length He sal said that this was was was' not an nn action for tor Neither elther was It an nn action against any person whatever nor was an any one called on onto onto onto to defend any rights e except his client the Commissioner loner and he was only an on artificial Individual having powers circumscribed cir clr- cir cir- by the courts court's decree decree- e. e City Attorney Nye Nyc con considered that the bringing bringing- of Ben Bonlon Benion Ion Benlon Into the ca case c as Intervenors was immaterial imma Imma- trIaI frivolous olous and n a shuh as their point of or diversion of the Jordan Ri River myel m- m ver yel waters Is below that of the Utah Ut M Mattress company It was al also o ImmaterIal Immaterial Imma Imma- trial to the ca case e whether there was water enough to supply Benlon Denion Ben Ben- lon Jon What hat had Ind the dr dry season peason nn and the insufficiency of water to supply all nil claimants to do with the court or the Commissioner r. r n asked kell the CIt City ney AIr Mr tr Nye Nyc objected to the pleading of ot Capt Wedgwood which he considered considered considered consid consid- ered a personal arraignment State Senator Brown Drown ventured the statement that Mr Nye Nyc ye had not been arraigned You are not In this case an and 1 ha no hll business to talk taik snapped the City Attorney and Senator Brown stroked stroke his chin chuckled and sub subsided Mr Nye Nc continued It Il seems to me that It comes with poor grace erace for an officer of this court to seek to divide a primary water right purchased b by the elt city and tp which the city has acquired absolute title The cit elt is only onh seeking to obtain Its rights under the decree entered b by this court I Ju Judge ae Henderson al said Mr Ir Nye Ne has said we h have ve no rights In this proceeding but we ire arc are parties to the wa waters erB of oC Jor Jordan an river rl Besides the Utah mattress factory Is not the tire thelast thelast I last user of or the Tor Jordan water above e the tire 41 dam am The title of the case Is Salt Lake I CIt City a a. municipal corporation and the Utah and Salt Lake Canal company a n. corporation plaintiffs vs s Salt Lake Water Yater and Electric Power company compan a corporation et al at defendants Benlon Benton Benlon et al Intervenors J. J Fewson Few- Few son Eon on Smith Jr Tr Court Commissioner |