| Show I STATEMENT BY ATTY RICHARDS According to tho the reports of at the morn Ing lag papers paVer there seems to be a decided difference of opinion us as n to the tho effect of the tile decision lon rendered by b Judge Morse erect In imi the big hil water case between Salt Lake 1 kl City CI and the canal companies Sal timid and Ild the tho power company the attorneys for tor tho th city el being eln reported as ns claiming a mu I complete victory for tor their client and the attorneys for the power clent company all as a Insistent that lInt the tile decision Is satis al factory to the lie company and In Its ts fa fn ls vor 01 or Our reporter called cal cd upon U On Mr Ir P I S H Richards of the lie firm of Varian counsel for tile the city Cit anti calling his attention to the Interviews I an of ot the tue attorney for the of the power company In this mornings Herald and anti Tribune asked askel his hIl views the decision Mr Ir Richards stated that he hue matte made It a n point pint to re reo train frain from frol discussing through the tho newspapers law suits euit In which he lie was ns counsel but that tho ho published state meats as to the he effect erect of Judge Morse Morses decision Were ere so 80 ml l that he lIe thought the public wa WIS entitled to know klow the real facts In the case He lie stated that there were two Im points poInt In controversy between the lie city nail and the power pourer company The Tho latter claimed the rl Inter right ht to take the clyn water out of the river firer above the of the City CI Canal anal and after running It through the I power plant turn urn It I Into tho limo canal calI The city denied the hue right of oC the power company to do tb this anti insisted that It I had hat n a right to change thep lace Ince of at diversion of Its wa tr ter so 80 as 0 to take It out Oll on a n Is higher level lel antI and that hiM the power company could not break Into Inlo the city canal not buying obtained the tile right rl h to do tb so eIther cither by contract with wih the city dt 10 or through any legal ItRal proceeding tho the counsel for tor the city also claiming that hat these tights of ot the tho ito city cl were not ot sub subject subject subject to condemnation It b ns n a I corporation und amid uld Its Is water and canal be bo being boIng ing lug used u C for tor municipal purposes The couri decided that the Ito low lowr r company COlI might tItle Ulm the tho so 80 IUlg as us said mild city ct shall Ih U continue to 10 divert Its Is water lit itt its Is present point of ot diversion anti use Un tho same al nt ut Its Is pro pre pr prent ent place of ut use hut but the tile city el tho the right light to have hn the lie as lS to tu whether such property Is the proper subject of condemnation submitted to 10 the tile eliCIt court on Oil 01 pleadings and uld proof 1101 lIly orly presenting pre such an ami n Issue Isue and ald to have the question of ff arising from flOI such taking tumId and 11 use UBO submitted to tu and amid determined by ly a n jury before the tl Power company can use time the water wlter at tut t tal nil al 5 So o It I will be seen that hint the lie decision tec lul upon this tillS point Is In imi accordance with wih the contention Time The ho other Important point at nt Issue Itsue between tho tile city cly do arid anti tho tie Canal com colum on Oil 01 the tue one ola side Hide and the tho Power company on 01 time the other side the tIe question of ot whether or 01 not itoh there vas WIH S SUI lilly any UI In iii the loi dun dull liver at It the time time trl that tile the Power 1011 company attempted to multo Its I up UI and amId nl how hol tam far fil tho tIme city cl ald canal might to tu Im Impound companies hind hail n a 1 11 pound waters In lii II Utah lake lak Tile The coot cOUt t decided that Salt Lake rako City CI the hue Itah and 1111 el II Salt Luike JI 10 Canal Camual the tho gas East Jordan Irrigation company the tl South Houth Jordan Canal aunt company com puny the tile North company me tile lle entitled to a n decree to theta them then subject to It the tie limitations set let forth the tile to tho hO Ih use uso of all al of the thu balance of ot the tl waters of at the Jordan Jordal river for tOI Irrigation culinary and amid do 10 domestic purpose to tho tue extent of or the thus capacity of their several canals and the thIC to o Impound and amid store nit all al of the tile waters of tt said 1111 river In Utah lake Jake and to tC have hlo their title tithe thereto quieted Tho Tue limitations above referred to are aretha that tha tim t the city timId un the lie canal companies shall shah I at nt a t nil al ni I t lou cc allow al to How I ow un unimpeded impeded down own the tie channel of ot the II river u a quantity of ot water which when added to the hue to the hut river other sources will wil furnish at nt the tue various arlous points of or di ill diversion el version amid measurement I the several fernl quantities of or water inter awarded to tolie the lie th Wet West Jordan Milling and anti Mercantile tile company the tl Utah Mattress S nail and ane Manufacturing ManufacturinG company tho the United States Stat Mining company copa William CoopS coop loop L tr r SOul And and amid Bennion tot for the operation of tuf their several mills mis and amid an factories aggregating In II amount second feet of water From this quan quantity lily tty time the thC 40 W second feet awarded to 10 Bennion should bo be deduct deducted rd ed Id because they th use the Ih same sume water I unit that has 1108 previously been heen used by b the West Vest Jordan mill mi 1111 the mattress factory This would leave leav 81 Si I feet fet of ot water ivator lalor In the river ilver Including till the seepage which ns as n appeal float fon the testimony at lowest season lellon has been more than I 40 W feet and n nt so fl 10 less titan than 40 second feM feat Qt of water would tun down boWl do 11 the luSt or II tl through the lie power plant when It t claims that double that quantity Is required to run It I Hence it I will be 1 een that thuat the hut nf ot appropriation and storage which were wen claimed by ily h the lute vIt anti and the companies have hll been beon rul by b tHe tie court and Judge Morn Mom In ex cx express press JO S lems denies lenks the lI nf of the thc lie receiver re tor for tin an I Injunction a nilus the lie city cl anti Ind the canal cog lM to prevent thor from rom Water valor und requiring them to t In allow n a continuous t ous How flow the lie power newer lb iH Of or course COUII the Ihl question of lt storage does doe I not apply to the II irrIgating Hunting I reason be he because cause cale at It that lie are nrc obliged to tl U t the th ho water far to Irrigation Irr amid consequently there lucre hits has hl been bieu HUm dent running down the lie river to supply the hit power ei company Tile The h decision is certainly In lii II favor favol of ot the lii city rl upon every ery materiel material point point anti It Is 19 very vr gratifying to know that lint the power company Is It to io easily lISI satisfied |
