Show FARMERS SCORE FIRST BLOOD IN W WATER AIER SUIT THE CASE IS ORDERED TO TRIAL In the Parleys Parley's creel creek water right between between be be- tween the farmers farmer and the ch city Judge Worse this morning overruled the city's and demurrer to the te farmers' farmers complaint ordered that the Injunction suit be proceeded proceeded proceeded pro pro- with wih About a dozen of or the complaining farmers farmer were In court when the FarIcy's Par Far Parleys Parley's ley's leys canyon canon water case was called caled conspicuous among them John Gabbott Land and Water Yater Commissioner Fi Fisher her and Supervisor ane limes Ine were also algo in court The farmers farmer were represented by Congressman Sutherland land and Attorney At At- Attorney torney Van Vun CoLt Cott Coto and the city by Its attorney George Gerge L. L Nye e The c case e was opened by hy Mr Ir Nyc Nc who stated that he would take taic up the demurrer demurrer demurrer de de- de- de first He lie read rEad the long complaint com corn plaint embodying thee contract made In by which the farmers farmer agreed arced to exchange f S1 2 per cent of or the flow now of Parle Parleys Parley's M Canyon Canon creek crek for an equal amount of or the ct city's water out of or the Jordan canal and asking for an injunction tion ton against the city Then hen followed the of or th d demurrer which stated that the complaint did not show Irreparable injury In ca cae cao j an injunction lon should not be he granted nor that such damage could not he be made good by the ct city Mr Nyc ye argued from thes and ant oth other r grounds that there was not sufficient sum sum- dent grounds to constitute a cause of ot action The rhe chief point made by Cf City Ator- Ator new Ny Nye Nyc in arguing the thc city's demurrer to the thc farmers farmers' request for an injunction tion ton against t the city to restrain It I from flom using the waters of or Parleys Parley's creek was that the Injury to their gowing growing and Immature crops of or which the farmers complain on account of or the lack of or ir water Is not Irreparable and that therefore s their only remedy at l law w Is Js an a action ton for roe damages damages- An injunction wJ will not nol issue saId paid fald Mr tr Nye to take property from one party and put It I Into the possession slon of or another An Injunction will wi not issue where the remedy at law by means of or damages is full ful adequate and com curn- A jur Jury might very casl easily assess the thc damages sustained The he action of oC the thc plaintiffs might be called cled an equity replevin Such dama damages es would woul not amount to more than from 10 0 to 2 23 an acre at the outside In Salt I Lake Ike City with wih its Is Inhabitants be restrained from is sought to l using water that is necessary ar to H. H it and at a time when it will wi be tilled filled Olet to overflowing overflowing over over- flowing with wih strangers The complaint does dos not show that tha the granting of the Injunction prayed for would not work a greater injury to the defendants than would result to the thc plaintiffs if l such Injunction was wa refused l. l At the conclusion of oC Mr Nyc's Nye's re remarks remarks remarks re- re marks the court curt overruled the demurrer to the complaint and and ordered the commencement com corn ment of oC the taking of or evidence c Land and Water Commissioner Fisher Fisher Fish Fish- er was waR the first witness winess called caled b by Mr r. r Sutherland He was asked a number of ot questions with re regard ll to the measurement measurements meas incas of the Jordan canal Ills His Ils cross examination cross nation was being bing proceeded wih with when the noon recess of oC court was taken Mr Ir Fishers Fisher's testimony was to the ef effect ef- ef t feet t that on July Hh th the farmers were I ef-I receiving from froni the canal gal gal- Ions lons ons This varied increasing on July Oth to gallons and dropping off of on the to Tere There was wa wano no increase after this until August 2nd nd when the thc suit was commenced and the city had been ben allowing the farmers part of Its is water from Parleys Parley's creek one day allowing Ing them the tho entire entre flow |