| Show 1 BIG VICTORY FOR WATERWORKS i 1 The United States court of ot appeals at nt St handed down dOln u 1 decision on Saturday In the famous UloUS Ogden Ol en Water Waterworks Waterworks works case the effect etcH of ot which Is to vest the tho title tto to tho OE en Waterworks system 5 In II tho old lear Irrigation Waterworks company compan and un to tho decision handed handel down awn Marshall n a year r IKO aso holding that tHit the city et council counci of oC Ogden did not exceed Its Is powers In jn turning over tho city water rIGht light to tho thoa assignors a of ot the original company and tn that the company had hae a 1 clear cear title tto to tho property Marshall In II har harmony harmony mony with that decision rendered melt nent on ou two to causes of action against he the defendant o City for fot water rentals The first Judgment was for fOI the second for tor The of ot Judge Jud e Marshalls de by hy the circuit court of ot appeals a nt It St t Louis makes It necessary for tOI Ogden Olden City to ray vay these Interest und un the COts costs of ot the tl action at lt law The Importance of C tho decision Is evi evl evident dent If I It I had hai been against the reCel receiver er or of or the old ol Hear Het Irrigation and an Ogden Og en Waterworks company complications would woul have arisen and an the present Waterworks company would have been effected The Tho new company la II effected only In that their title tto to the waterworks Is much Ilch clearer now rendered than before lefore the appellate decision was The story atory of the case capo up UI to the de decision rendered on 01 Saturday Sa lost Is as at follows Ogden Og en City sued suell In the state courts for tor possession of the waterworks system sst m It wn alleged In their com complaint 18 plaint that the city council of ot Osden exceeded Its jurisdiction In turning over the water rights to the assignors of or the waterworks waterworks company Judge Jul held hell with wih the city hut In the moan time Win Wt C Weaver as receiver for tor tho near Bear Irrigation and Ind Ogden Waterworks company began suit against City It In 11 the United States courts for fol nil 10 alleged ale od to be due tue the for tor Water rentals The Eho suit was wan based upon lon the tho alleged owner ownership ship by ly tho company of the tw Ol cn The fhe city cl answered alleging as It had done In the state courts that tho city tt council counci had hl exceed exceeded ed 11 Its Ita Jurisdiction In turning turn In over the water rights to the assignors of the tho company However Judge Marshall rendered the decision above ahoo forth and upon rl appeal the Ihl Federal court of appeals In II St Louis Judge Marshalls decisions on al Saturday |
