Show 1 Till OANUt HIM IIII CAHIl The decision rrndeml by Judge Illle ta las etilt fT damaged fcrouarhl by the North Point Consolidated Irrlcalloa I I onpany against the Vlah and Ball It lake aad other const companies will 11 I prstauly be appealed from to the Ile t people mart of the male I I It will be remembered that when C ft rue was Chief Justice a remark I big derision wave nndcred by which 1 the t opl living l on the lands In tho 1 weing and southwest part of thin coun 1 I If Wet greally Injured They were I ellogesed to claims up flip big drala ditch j f Mhteh they had useil tat many year ta drain off their farms and also la I Mue Mhur the surplus canal wilt for I 11mja 1 page Ito nan Implies for any liIH more than an Irrigation ditch All that In the Interest of a few Indl I tkKuM who claimed that the alkaline I 4 and almost worthies lands which they I been damaged bIN hd taken up had n IA IN mite which they had themselves I 1 I I 01110 t nl nortb 01 I I Two I J tH 9 city The decision created a great I I drib i > f eaenmont at the time aad wa I I 1 > I gtbieeefly regarded as oulrageou I I The nurliose behind the pUntlng lit I the origins 1 suit Wed undoubtedly to efcMla dismiss from the compantea In ttrt4 In lho surplus canal 1 and drain Jltth Th amount claim 1 In tile fimrt nil was twmo That for sJ 1r d11 Injury to land that tit I known toted to-ted Iably Impregnated with alkal free I matter rendering II unsuitable for I firming purpose It wu tested tlie I 11A nit time again many years ago when I i O Ihe pure waters of the Jordan were I i turned upon II lib Ihe result that the nw It 1 was watered the worse It i = J leame Vegetation would grow the If I 1 flf1 year ur so hut nftrrwnl the I 1 Mineral in the soil would rise to tile II pourtsions and leave not a vesllg of any I i kind ot growth Tu cUlm therefor that this worth l l i lee land was damgel by the water 14 1C tu Which live I new iwSKMora clalroed to I I I an a right and which It su obtained 404 11tt leave been had subject to all the r I dlsablllilea Inherent thereto wa regarded I e ll girded by the farming fraternity as I bylh Impudent and abaunl Th court I 1 TWuevsr did not so determine and 1 founJ for the plaintiffs aa against the If defendant canal 1 companies so the new of A Zk suit far iM000 lUmagea 1 we Instituted i Institut-ed Jw tte decided by the Hupreme Court liV of course been acteil upoin I In flit Ulttrlct court Judge Norrell went Into It thoroughly examining wit Mtets pro and con and he rendered an opInUn which Wait published and tie sidled unphllcslly In favor of Ibo ds fendanta Ills reasoning and the owl doom on which II was based I leave not IMS oeercome by anything presented by th lupremv Court except In the fewer of that court to reverse the de I MqB tt the lower court Judge Nor tJlfi pnlon a with the fact solicited I al Ibt trial wu conclusive and Irrefu tabl but the Huprein Court hAd the IC woN and th nnal dictum Ha the salt for damages oonaequent I I upon The former decision judge lilies w a bound of course by the Supreme A Oeutt ruling aa far aa It applied to the I prsewt cast He could not go Into the question ot tile alleged trespaat but only Into th determination uf the 11 I dArtutes resultant Iherefrom Instead t I if living om plaintiff eMNO he 1 I f awlraM them IIW1M The reasoM Id atalgiied for lisle were them tin I tl3iodn said 11 bat never In my observation and I wrtHence knuon ot a cas I where u JMrtor kqovsrlgL to a ea bom Mlliagee on such Indefinite and uncertain uncer-tain evidence as la resented In I tilts noord No evidence = adduced In show that plalnlllt at any time used or sold any amount or value ot water or that It bad any contrails for sale which wen prevented uf fuimlmnl by the trefoil of defendants olld r Thw Is evidence enough that a i Uwgo trau of land tan b 1 Inlgated by mean of lip canal anti thai u I of law rapacity lowing aa much aa m 4 rtlWc feet of water iwr second Th land it vie 1100 senator the lanal 1 tit I slluntrd between tin Jordan river > nl the eastern dl east-ern shorn of arm Hall Italia It I a I Iract of many Ihnuwml o r ai re III to I for the muni put but n fiw feet higher high-er than Ihi surfiiie of IIH Iako It rams to have bur lltti or nn n dralnan It Is highly Impregnated J = = throughout vtlth liolh whit and blaik I Alkaline salt vhlch aru readily bm9h 10 Ih Purfori Iy Iho ovalecoria then of wator which falls or is I onvoY1 I Upoa the surface of Ihe Ism whlih sIU when Iliu bruulit ui are dea tructlv I to brouilAt I These feels I render It for the most part unrulllva hi It Is I nljnrnt lo Halt Lake City I a town tit COmo Inhabitants and It bAa 1 I yet remalnll for fifty Para wllh but little occupation or lulllvatlnn It ta not aertalii fmm the cvlilenri I given Iw I fore me that If plaintiff hail had dur 1 Inc the past seven years the free use of Its cans by the running of Pure wslir through It II routii l have had timtlnu nu Use for watir mlftVUnt fur till Ir rllIon nl MO acres of lam nn tin tract I In question At tho same time thai It oullt have hat ism fur mm of It then I enn be no dmibt About SM acres Is the matt that INnit ever cultivated In any one year Position t his hero I wave ni caIonal us ot Hie water frim iho 3Jrt 1 by lesTn ho wom ntMnx desert entelvels on the tract In Order 10 I satisfy the rciiulmment of tho statute 1 I In such casos that wiilr shall lie I brought upon ties I tat J by canal or ditch before nnal entry In I nllowiil It might be thought that conlditrtng I I the small amount 01 Ibo awant corn i < pared with Ibo big sum claimed no 1 damages Ibo defendant might Im mitt 11 0 tided as It II I a virtual victory for A them Hut It be I contended with H gnod how of reason that In vi lavr a the i 1i atf ItWlrilt nnl nnrcrtnln cvlnVnr N to 1 011 II I IMf N oh1 If theu hionstletreecteloOt the Wil Only imnml damage could be claimed and hey because of the twmiUniTUlInx of tlie I promo oiirt In Iho firmer case anti I hiTefiM thi nnmiint n iril > I 1 I high and nenn OH IT IK d pim > l In Inilh nl I Jutl A vlcwwl by IM great body of farmers In this county I coun-ty the whole matter Ought la lip reviewed re-viewed for the roll W agalnat the canal I eompanle was stonlhlng Will to man lneplleable If that cannot ho I done the the 8 o Btwae tv > ttti aa at present KHWiimwd itmUt hav an the doom i Opportunity to DM upon question and to < lo such meaaiir of mile u to I poselble and proper leader the drimmetan |