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Show THE TIMES-NEW- S, NEPOl, TO THESTO CKHO DE RS OF The Board of Directors of the Nephi Irrigation finds itself forced to make answer to published statements regarding responsibility for the present litigation between Nephi City and the Nephi Irrigation Company over the waters of Marsh Canyon. It would appear from public utterances of some .of the city officials as also from frequent "street talk" and from the pub- lished statement of one of the election campaign committees that the present city administration had made every effort to reach a settlement of the water controversy without the costs of litigation, and that responsibility for the present suit rests solely with the irrigation board. " corn-compa- ny left-han- t: "Sec 3. RIGHT TO USE. Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this State." It is conceded by both parties that the water in question has never been used by Nephi City, but on the contrary, has run into Salt Cretek and has always been put to a beneficial use by the stockholders of the Irrigation Company in the irrigation of their land. The Board has therefore at all times laid claim for the Company to the overflow waters at Marsh Canyon. As soon as the Board of Directors has notice of the intent of the city administration to lay a larger pipe line and draw off the water of Marsh Canyon that bad at all times theretofore been allowed to flow down the creek and been used by the irrigation company, the Board immediately gave notice of its protest against such action by the City, the following communication being served on the Mayor and The Nephi Irrigation Co. desires to advise you that it has found no evidence that Nephi City ever owned all the waters of "Marsh Canyon," and further that it claims all of the water not now being used by Nephi City. Any infringment upon the above stated rights will be protested. Yours very truly, Nephi Irrigation Co. Louis Garrett, Pres. By J. E. Lunt. Sec." Wholly disregarding this protest of the water board the City Administration proceeded to install the larger pipe line, and upon its completion proceeded to divert into it the waters which had therefor been constantly used and became the property of the stockholders of the irrigation company. When It became apparent that the city administration was determined to take t he waters of Marsh Canyon, regardless of the protest of the Board, there remained no choice but to ask the court to enjoin this wilful and unlawful diversion of water belonging to the Company stockholders, and which is estimated to be of the value of $20,000.00. Shortly after suit was filed Mayor T. C. Winn made a request to the Board for the privilege of presenting the mat acute attack of Nasal Catarrh. Those subject to frequent "colds In the head" will find that the use of BALL'S CATARRH MEDICINE will build up the System, cleanse the Blood rod tMi'tf them less liable to colds. K"pet' i attacks of Acute Catarrh mfcy lead to Chronic Catarrh. HALL'S CATARRH MEDICINE Is taken Internally and sets through the Blood on the Mucous Surfaces of the System, thus reducing the Inflammation and restoring normal conditions. All druggists. Circular free. W. 3. Cheney A Co., Toledo Ohio. A Every f oniverul custom a good thing lorcmemDcr Seated in Its Purity racing Charles H. Dunn DENTIST THE ADMINISTRATOR, HI3 HEIRS. Oft, WHOM IT MAY CONCERN OF ART SUTHERLAND, LECEASED. TO Ftelt Building Opposite Post Office gait Lake City Scientific Platework, Practice Incliulve of Gum Ptaeaana 603 X-r- GOODYEAR BHOK REPAIRING SYSTEM Utah Nephi, Best Material fJaed Prompt Mall Order flwilm J A Chrtotcnaem, Prop "He Build Wliwlr Who BIM Well" TO B11ID WELL Nephi Plaster HAS NO EQUAL The Large Narm-a- l lp A ad It of rut eat ' NEPHI PLASTER AND MFO. COMPANY are hereby notified, that I have expended during the last four years work In, labor and Improvements: Two thousand dollars upon the Lucky Strike Group of Lode Mining Claims, situated in the Spring Creek Mining district, Juab County, You State of Utah. The location certificates of said claims Is foucd of record In the office of the Recorder of said county. In order to hold said claims, under the provisions of Section 2324, of the Revised Statutes of the U. S. and the amendment thereto approved House Bill number 4818, concerning annual labor upon mining claims. And if within 90 days after the publication thereof, you fail or refuse to contribute your proportion of such which expenditure, as a amounts to one thousand dollars, ($1,000.00) your interest in said group of claims, will become the property of the subscriber, your who made the required expend- iture.. 3. B. THOMAS, Idapah, Tooele County, Utah State of Utah I Gprsan ta the World. FLAVOR LASTS Lloyd Garrison, Deputy State Engineer." At the time the above measurement was taken, a measurement was also taken on the overflow, and the amount of water which was running into Salt Creek, after supplying the City with all of the water that Its old system would foot which is worth approxi- carry, was about mately $20,000.00. This is the1 amount of water that the City is attempting to taka from the Stockholders of the Nephi Irrigation Company. At the time the above measurement was taken the Board of Directors of the Nephi Irrigation Company told the City Council that they were willing to concede more than the report of the State Engineer showed, in order that the matter may be settled without further trouble. The Board appointed Louis Garrett, President of the Board and Thos H. Burton, its attorney as a committee to meet with the water works committee, of the council. Thereafter Louis Garrett and Thos H. Burton representing the Irrigation Company met with Harry Beagley, Geo. A. Sperry and Jesse Pay a committee from the City Council, and at said meeting the Irrigation Company offered to allow the City to take .60 of a second foot of the waters of Marsh Canyon, whereas the State Engineer had found the amount which they had heretofore used was only .545 of a second foot. The difference between the amount as fixed by the State Engineer and the amount as conceded by the Irrigation Company in dollars and cents figuring the water at $200.00 a share would amount to $1500.00. This offer was one-seco- i rejected FORFEITURE SALE IN i4lsttiaa cleanses the teeth, soothes the throat. Dated this 21st day of March, A. D. 1923. We your committee appointed by your Honorable Board to meet with a committee of three to be appointed by the Mayor and City Council of Nephi to adjust the differences which exist between the two corporations as to the right to the use of the waters of Marsh Canyon, beg leave to report as follows: Your com it tee as per agreement met at the City Hall for the purpose of going into the matter with the City Committee, but the said committee had not been appointed and we were met by the Mayor, all of the members of the City Council and the City Attorney. We informed the ,Mayor and Council that we had been appointed to meet with a like committee of three which we had been led to believe would be appointed to represent the City, to try and arrive at a settlement of the dispute as to water rights in .Marsh Canyon. We were thereupon informed that the Mayor and Council and Attorney were there in place of the committee to take up the matter with us. Considerable discussion took place between your committee and the Mayor, City Council and City Attorney in relation to the disputed question; but the city officers indicated that it was useless to appoint the proposed committee, asserting that they did not think we would ever arrive at an agreement. Your committee thereupon informed the Mayor and Council that the Nephi Irrigation Company would concede that Nephi City is entitled to all of the water which its former pipe-lin- e would carry, or in other words all water which the City had heretofore put to a beneficial use. Your committee was then, informed by the Mayor that it was not the water heretofore used by the City which was In dispute, but that the City claimed all of the water which had heretofore gone over the overflow, and they would settle on no other basis than the overflow waters from Marsh Canyon. Whereupon your committee informed the Mayor and Council that it was useless to continue the negotiations further. Respectfully submitted, Louis Garrett, Chairman of Committee With a view of attempting further settlement in the matter the Irrigation Board appealed to the State Engineer Hon. Mayor and City Council, Nephi, Utah. Gentlemen:- - Is an "Conclusion: From the data shown, the rate of flow through the pipe may be taken as the average of the second and third measurements which is .545 sec. ft. Gentlemen: "Nephi, Utah, September 23, 1922. County of Tooele. Sworn and subscribed before mi this 6th day of July, 1923 JACQUES J. GERSTER, Notsry Public, Gold Hill, Utah My commission expires May 27th 1924. First publcatlnn Aug. 31st, 1923. Last Publication Nov. 30th, 1923. GATION CO, for assistance and on the 21st day of March, A. D. 1923, Lloyd Garrison Deputy State Engineer of the State of Utah, in the presence of the Board of Directors of the Nephi Irrigation Company, and members of the City Council of Nephi City, and J. H. Carter, A. J. Gewers and Russell Hawkins measured all of the waters of said canyon which had been used by Nephi City prior to said date, that is, all water which the old pipe line of Nephi City would carry. Three measurements were taken by the said Engineer and from said measurements so taken he concludes his report as follows: Mayor T. C. Winn & City Council, Nephi, Utah. Gentlemen In conformity with a motion passed at the last annual stockholders meeting held Dec. 4, 1922, you are hereby advised that the Nephi Irrigation Co. has appointed a committee of three to meet with a like committee from Nephi City to sit as a board of arbitration in an attempt to settte the controversy between Nephi City and Nephi Irrigation Co. over the ownership of the waters of Marsh Canyon. The Nephi Irrigation Co. will leave the matter of appointing the meeting with the City with this re quest that the Irrigation Co. be given one day's notice before the meeting. Yours very truly, Nephi Irrigation Co. By J. E. Lunt, Sec." time the and Thereafter the place of meeting was arranged and the following report of the committee appointed by the Board of Directors of the Nephi Irrigation Company is self explanatory as to the results of said meeting: Feb. 1, 1923 To The Board of Directors of the Nephi Irrigation Company, Nephi, Utah, The Directors of the Irrigation Company have throughout this controversy been governed by the provisions of Section 3, Chapter 67, Laws of Utah, 1919, which said section, we are advised' has been the settled law of Utah on the question of use of water for more than a quarter of a century, and which reads as follows: "Cold in the Head" 1ENEP ter to the stockholders of the company, and this was done at the annual meeting of the stockholders held Dec. 4, 1922, at the Court House. The miutes of the meeting show the following: "Mayor T. C. Winn and Councilman Jesse Pay representing Nephi City presented the attitude of Nephi City in relation to the controversy with the Irrigation company over the waters of Marsh Canyon, stating that the City desired to settle the dispute wihout expensive litigation in court. T. H. Burton speaking for the Irrigation Company, gave results of the 'measurements of the water taken in the canyon and giving facts of the law bearing on the issue and after a general discussion, Thomas Bailey moved seconded by A. A. Allen, that the irrigation company appoint a committee of 5 to meet with the city with a view of settling the case. Thos. H. Burton then moved an amendment that a committee of 3 from the Irrigation Company, and three from the City Council act as a board of arbitration to meet and work out a satisfactory adjustment in the matter and have that settlement written in a court decree both parties to be bound by that settlement. Amended motion carried unanimously." On January 12, 1923 the following communication was sent to the Mayor and City Council: "Nephi, Utah. Jan. 12, 1923. That the stockholders of the irrigation may know that their directors are not d anxious to reach into their pockets and take money for prosecuting an expensive case in court and then extract sufficient money from the right-han- d pockets of the same people to for defending such case, we make the pay follow-statemen- 1 UTAH- - WILL L. HOYT ATTORNEY AND COUNSBLOB Notary Public LICENSED ABSTRACTER Ami EXAMINER OF TITLES Utah NephJ by the City. The two committees however, af'er a full discussion as to the facts involved in the controversy, came to an agreement as to all the material facts drew up a written statement as to these facts and agreed to submit said statement of facta to the Attorney General of the State of Utah for his opinion as to the ownership of the waters of Marsh Canyon. This statement of facts and agreement to submit the question to the Attorney General for his ruling was signed by the chairman of the waterworks committee of the City Council and by Louis Garrett for the committee from the Irrigation Company. The representative of the Irrigation Company thereupon at the request of the two committees, went to Salt Lake to present the stipulation to the Attorney General, but after arriving there and discussing the matter with that official, was notified by phone that a special meeting of the City Council had been called by the Mayor and that the Mayor and Council refused to abide by the action of the water-work- s committee and would not consent to a ruling by the Attorney General on the case. This refusal of the Mayor and City Council to present the matter in controversy to the State's Attorney General for his opinion after such an agreement had been reached by the committees from the City and the water board, coupled with the repeated proffers of the water board to submit the matter in question to a board of arbiters can be considered in no other light than that the city administration refused to abide by any other settlement than a settlement in court. The Irrigation Company board has done everything within its power to settle and adjust this matter, but the Directors have felt that they could not sit Idly by and permit the property of the stockholders to be deliberately taken from them without any right or authority in law for such proceeding. a long-distan- (Signed) LOUIS GARRETT (Signed) ORSON CAZIER (Signed). J. W. BROUGH (Signed) J. E. IRONS (Signed) J. W. SCHOFIELD Directors of the Nephi Irrigation Company fication, under departmental regulations of April 25, 1907, protests or contests against the claim of the State to any of the tracts or subdiv isions hereinbefore, described on the ground that the same Is more valuable for mineral than for agricultural purposes, will be received and noten for report to the General Land Office at Washington, D. C. Failure to proteut or contest, within the time specified, will be considered sufficient evidence of character of the tracts and the selectons there of, being otherwise free from objec-tl- n, will be approved to the State. ELI F. TAYLOR, non-miner- al First publication October so Last pub. Nov. 1, 1923. Register 19 ,1923. Office at County Court House NOTICE Ths Economy BAKING POWDER) Is truly the world's great est baking Serial No. 033499 Salt Office, Oct. 11. 1923 May Concern:- - United States Land Lake City, Utah, To Whom It Notice Is hereby given that the State of Utah has filed In this office lists of lands, selected by the said o Slat, under section 6 of the Act as Congress, approved July It, 1894, Indemnity School lands viz: SE SW, Sec. 14, WV4 SE4 See.S-16; NE4 NW; NW NWVi Sec. 23; T 11 8. R 1 B. Salt Lake Meridian and SE NWVi ; NW4 SWV4; 8E4 SWVi; Sec. 27; NEV4 NW4; 9V4 NE4, Sec 28, T IS S., R. 1 E. Salt Lake Meridian Copies of said lists, so far as they relate to said tracts by descriptive subdivisions, have been conspicuously posted In this office for Inspection by any person Interested and. by the pub lie generally. During the period of publication of this notice, or any time thereafter and before final approval and certi powder It has Pure NE; produced Foods-Bet- ter Sales as much as that Bald tigs Cor one a of any tury other Lrditd oS BUT over third P--T cen- TEST |
