| Show ANOTHER CITY WATER YATER CASE OAE OASE Supreme Court Again Makes Makos Find FindIng FindIng FindIng Ing Against Municipality LOWER LOVEIt COURT IS I Opinion if I lind n ld a In iii II I lr cu of tr f Opinion Tho Time Supreme court unit Jinn hOI rendered Its ls In III 11 tIme tho COl of at tho tie Halt Bait Lake Ilko City CI Unter ller und and I lower com coma Ilu and Joseph Jo receiver receivers s H Salt Lake City Cly ammi Amanda Canoe Cannon time the action of ot the tho lower court courtn II itt n allowing PlAintiff to connect their flume with wih tho the canal upon fur Il u mm hood bond lont In II tho lie mini UI of pending wilding thu determination of tho thu con cot poCco brought by hy them lieu t tho thu city The Tho power company y condemnation to condemn the lie right to 10 main connection with wih the tho city oly tot for the tIme nt ot It the time water after uso utu by y time thu tower loel company through u a across ho the river rIeu Into tutu canal tR 11 I opposite tho Iho Ihor r o plant lila at The company asked iAk d tu to construct the mime ind 1111 connect ut It I I t with wih sl tim the t tie cumin I Void I ho lie I condemnation mid mm tie thu t court cOUll Limit entered an 11 u mm oril it r permitting peram Itt I mig tho thoc t it U company c to lo leUI the tho ho and mm tin t to mm of or a t the tl t ho ml mm too with wih wi thu time the he canal wm flu I upon bond 1011 balm d in I ml I sum of ot 45 This order nf ot court the Ih Halt Lake Lako Julu City ity cl et ft nl ni nl ok to tu hn have e re ta reviewed viewed by moans of ot time tho writ wilt of or w car ur loran claiming that thaI th he lit court tided ll UH 11 I ts iii 1151 let lumm und that Ihal t ha t hit flip 11 I taking of lt thu tho I ii a petitioner lett t hammers before a n deret of ot lon was wan wal rendered Is In violation of or sec arc section K C loll tion 22 article alel 1 of ot the time cUl tulon I which reads Private properly Khali lot mat lot bo Lio lo taken or am damaged for tor public without Juit JUtt jU t compensation I Time Tho opinion which IH is t written by b Joe Jus Justice JIS tire tice ami concurred In III hy Chief I Justice Miner holds hauls that time the court bl hm blow hI lol how ow was Wll aa acting entirely within ItH ita It I Juris June I diction dicton In II making tho time order and that Ihn the Limo order Knelt Itself Is II not In Iii violation of ot the constitution In that provision In made for or compensation coma In I a the I 18 bond Itself C ami amit a iii 1 It t Is II not nt necessary loen lr that precede occupancy of ot time the prom promes 1101 l limes es ls nought to bo lie ln condemned The rime court therefore tho Iho nc tic lon tion lon of tho the court below belo JUSTICK Nr Justice In II his hula oiin opinion lon ion makes a n lengthy review of ot the tho case l O mimI holds that the time court lOUII below exceed cJ el ni Its 11 Jurisdiction In Iii the tho order archer referred to tv and anti that tIme the act which h pro PIo provides vides for fat the tho occupancy OtI of or the lie defend defendants ants ante property before tho tat condemnation dins arc nrc lre determined and n a I Judg Judgment jud meat ment Is IR rendered condemning tie the pro No property Petty perty Is II unconstitutional GUILTY John Joll Kelly Ily who plead guilty to time tho theft of ut a u cupe cape valued at lt 10 IO was son Semi tencel by Judge to tf threw three months mon I at In lii tIme thu county rout I y Jail Jul Fred Pred Klenke and Kd Id Parker plead not hot guilty to the time charges chlrles of burglary made mado agaInst them lelo entered elte red time the sumo sLime plea pi en to tile tho charge of or big Ing Ilg entered en hum him hll COMPLAINT I D DA A complaint was vae tiled II cd In Itt II tho lie Dis District PI court cOIt today In Iho time cn o of ot the time Trent anti Machinery com coin Inns Ilan VH VII tho thu White Star Sial Oil 01 company The Iuie milt watt wnM brought to In recover for tor n a o rower power holler loller pur purchased purchased chased of ot plaintiff According to tu a mm I ship stipulation Hied nt It thic tl same Otie time llama Judgment was entered In Iii favor of nt plaintiff tar for COO O 00 of or the Iw original amount suet sued sue for tor or having been paid 1 hI Judge Hall flail Jal today granted decrees decreed dO rR of ot divorce In favor of plaintiffs in time the cIties cases of at H Ii 1 r I 1 Smith vs 1 Lottie St M r amid J J 7 McKee vs va M J McK BI ON In tho supreme court today the tho lie case of o John Hurter ft at t at ci vs S P J I A Soren son soil was submitted upon lion U l the briefs of ot the time attorneys The rime case of ot I wurl Whimple vs 1 William was WOI or ar argued gued HUll and submitted UH as al woe also 1110 thu time case caso of ot V P h R F I vs S O U I Ale hIla Fish Fisk |
