Deseret Evening News | 1900-05-08 | Page 8 | Writ of Mandamus Denied

WRIT OF MANDAMUS DENIED J Marshall Fine Fiats hi FlY or of W Waist y 0 of r Dollars lollar ier Acre Not J r Judge Marshall of lie federal court handed down dOD III hi decision yesterday In inthe th the case of William C Weaver receiver sf f the Ibl Hear River Irrigation amid aDd 01 Waterworks company vs VI the Bear RIver Water which was wu tried here Jut lut k Judge Marshall an 1111 de cUed In fur favor of the defendant and te re refused fused tt lu 1 issue the writ of mandamus damu prayed tot Th The It case wa was brought th d company to corn com J I It II to 10 wU water r to run thi I lii to 10 Irrigated 1000 ar I s t land under the ly by the r The nIe r petitIon two tWI the Ihl nr first 1 ot of which was 81 that he re reedy lv 11 r a company and from mt II iii ale the owners of nt rig rIght III lit 10 waler to 10 IrrIgate th lb lands in and that the Canal anI I oil it 11 hy by the d de company I with nn an tot 11 the 1111 it oilier to 10 thlIn this land In The second I Eu J wall that thai the d I Is engaged tn In a busIness a affected t with II h a public Interest an and can ean therefore only charge hr reason reasonable on able ht tolls for J hed d b by the public and that a ti rr I 2 rr IH acre for or vater lii III flow II Its III Ii the Ian Iann land landin in n question 1 1910 n I Is It was all n l 1 the Ihl petitioner had hili II 21 III It pt pr 11 ii re fr rut lit 1 to 10 II the h iiI acm reI of land Iud during durin and of wu was Rd Judge Marshall held th the claim of tilt thet fit In the first In Ina was a and that the extor ral rats har p In Ih tho second al alI allna I lna I n Wt ir not nt tn t bf be too high tee fer I Ii t Irl ut of the Ian lani th It sauce fault Ih the jal ui e held of the Ihl water rate The Ii 1 iLance of f tM the writ wit therefore denied