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Show THE BOX ELDER turn. They took the stand that Garlands claim would not be given the Chicago Inter-Oceaand prices on land and water ad- the trust deed given to secure the paid. Jarvis and Conklin dilly bonds took precedence over the dallied so much that Garland vanced to pif acre. r.ue- - urth lien filed by Garland. Garlands wearied of the delay. He was sick down, balance in one, two and lien was not filed until some time in both mind and body, and made three years. This plan jiroved to after the trust deed, and many an offer, once, to settle up the afhe successful, and a great amount sides with Jarvis and fair for $75,000. Garland acted of land was sold. Changes oc- lawyers took Conklin in the view that the docuthe gentleman in every way. curred day by day; new faces ment filed first took precedence Attorney Vaughn and Rogers were teen ; ami gradually the vast over all others, but the Supreme kept up the fight for Jarvis and body of land began to show signs court sustained Judge Miner, who Conklin, who evidently hoped of life, scientific farming, and irGarland out by litigation. first tried the case. The court rigation; putting a new phase on took the stand that the building During this long and tedious legal the valley. Extra canal and latof the canal was the one thing fight, a Mr. Wm. Adamson of erals had to be made to accommothat made the bonds of any value Glasgow, came upon the scene as date the influx of farmers; new the representative of the bondat all, and, therefore, any indebtschool houses had to be built ; and holders and Jarvis and Conklin. edness incurred in the construcfor several years everything movtion of any work that created a Adamson and Stanley L. Conklin ed along with a rush. value must be paid for. You can were appointed receivers for the Colonizers Difficulties. imagine the serious blow it was Bear River Irrigation and Ogden Before going into the details of to the company. The canal took Water Works company and held the Garland lien, I want to refer to the water rights with it. At that the position until the trials of the some of the difficulties encountertime there had been about 12,000 Farmers versus the Ogden Water ed by the colonizers of Bear River to Works and Irrigation company 14,000 acres of land and water valley, through having their sold. This seemed a fated time came on before Referee Samuel clients intercepted by unscrupuLewis of the United States court. for us all. lous along the route Some people took the stand that Adamsons first act was to issue from the east to this valley. At the United States court could not his notorious circular letter to the Ogden their work was especially separate the water from their farmers, repudiating any responnoticeable. The Corinne company farms, but anyway the fact resibility in reference to the waters, and the Bear River Canal com- mained. As our friend, C. 1. which caused very much ill feel pany, heretofore referred to, had gone to a great deal of expense in the way of advertising, and these unscrupulous agents, who intercepted our people, took advantage of the thunder that we had created. Mr. Tom D. Pitt took a very active part in the colonization department and succeeded in brings ing many hundreds of to the Bear River valley. The action of these intercepting agents, especially at Ogden, became so offensive that steps were taken to apprehend them and bring them to justice. We were quite successful in this, but no prosecutions were instituted for the reason that the culprits begged for mercy and 16, 15 1908. on slowly. Evidence came to light which disqualified Weaver to act in the capacity of receiver ; thereupon he was removed, and the well known attorney and counselor at law William M. Bradley, of Salt Lake City, was appointed reeciver, and the silver lining of the clouds began to show. (A peculiar fact in connection with STORY OF THE BEAR RIVER VALLEY, Continued n, land-schemer- SEITEMBER NEWS. these receivers is that every one of them bore the name of William; for instance, there were r s, Wm. II. Rowe, Wm. Adamson, Wm. C. Weaver and Wm. M. Bradley.) I would here state that all during this fight, all the farmers who had any used signs of a contract the at their water price of $1 per acre. All during this time, Wm. Garland waited patiently, expecting Jarvis and Conklin to redeem the canal. At last it was sold to David Evans, the well known lawyer of Salt Lake City, and John E. Dooley for $123,000.00. Think of it ! a valuable property like that, and which had cost so much, going for such a small amount. Jarvis and Conklin made no effort long-continue- d water-contra- to redeem, and I expect it was on home-seeker- promised to behave themselves in the future. As a sample of what was done, we submit herewith an affidavit signed by two of our people, and dated July 30, 1897. These affidavits were taken in Weber county and read as follows: and being first sworn and depose duly say, that on the 27th day of July, we called . We at the office of Mr. stated that we wished to purchase land for orchards, provided we could find something to suit us. He offered us two pieces of land described as follows : We then asked him what kind of land the Bear River company had for sale. Ilis reply was that the land all contained alkali and that the water drove it up to the surface in the course of four or five years, and that all fruit trees planted on the land would die in less than six years, and that at the time when the purchaser expected something in return for his investment he would get nothing. Notwithstanding all their efforts, the Bear River valley is still on top and forging ahead, while the schemes of our defamers have fallen flat. Of course, there is a great deal of alkali in Box Elder county ; so there is in other counties of the state, such as Weber, Davis, Salt Lake, etc., but this fact in no wise reflects upon the character of the country, since it is well known that in these same counties exist lands that in matter of fertility are unexcelled in the world. The Garland Lien. When the company, called the Bear Lake and River Water Works and Irrigation company, was foreclosed, all the court proceedings were subject to what is known as the Garland lien. The Garland lien was caused through the failure of the Bear Lake company to pay Garland in full for his work on his first contract, which amounted, when it was adjusted, to $125,000.00. Jarvis and Conklin fought Garland through the territorial courts and the Supreme court of the United States, but lost at every POWER HOUSE, BEAR RIVER Tolna, of Thatcher, said, It was like going to milk a cow, without a pail this having no canal through which to conduct the water. Immediately the fur began to the farmers were thoroughly aroused, and many rash things were said and done. We had as many ex tempore opinions from the farmers on points of law as the great Macaulay had paragraphs in his whole library. Many threats of an evil nature were indulged in, but who could blame them? It seemed that their all It had been taken from them. meant that they must get along without water or buy a new water right. Finally, they organized the Farmers Protective association. It was headed by M. B. Hart of the Iowa string, as president; John P. Holmgren, of Bear River City, was made chairman of the fly, CANYON ing towards the company; but 1 believe the letter was issued by Vaughn, the attorney for Jarvis. It was a great blessing when he (Vaughn) left the country. The Farmers association was represented by Judge Dey of Salt Lake, and Judge Horne of Ogden. Judge Horne was a former partner of Evans & Rogers, the attorneys for the Water Works company, and Judge Dey was one of the original lawyers for the Bear Lake company; both gentlemen were well known and well posted in all the companys affairs. The Corinne Mill Canal and Stock company was represented by Henderson & Brown. The bondholders or Jarvis and Conklin were defended by attorneys Rogen. nl Howat. The battle was a fierce one and lasted for more than a account of their own big failure which gave them so much trouble. When Evans and Dooley bought the property, they at once went to work to put the canal in better shape than it had ever been before. They engaged Mr. John C. Whee-lowhose reputation as a canal engineer is so well established that n, no comment is necessary. Whatever he did was done about right. In my opinion, Evans and Dooley spent fully $90,000.00 in improving the canal, and they sold a limited amount of water rights. The operation of the system now7 assumed a practical shape. While Evans and Dooley held possession of the canal, the Corinne Mill Canal and Stock company, with Tom D. Pitt at its head, sold their property to a Mr. J. G. Hammond of Iowa, for a very had taken place, the matter was taken to the eourts in an effort to find out the exact status of the particular rights of each individual company. For five years, farmers had made no more payments upon their water rights. About this time, Mr. T. R. Cutler, Mr. Geo. Austin and Mr. Evans made a visit to the great Bear River valley, and inspected the canal and the land. They at once made up their minds that it was an ideal place for a sugar factory. Subsequent developments have proved the accuracy of their foresight. They made the purchase of the canal, the stated consideration being and the land at the stated consideration of $150,000.00. After this purchase, a reconstruction of the affairs generally was necessary. Mr. Bradley, receiver of the AIo-sia- h $300,-000.0- 0, & O. W. W. Co. made up his mind to liquidate and close up the buiness. This was a big job, for about $120,000.00 worth of the paper held by the company was for deferred payments on water rights, and since the farmers could not get a good title to B. R. I. their water rights, they refused to pay these additional sums. While this reconstruction was going on, Mr. Frank J. R. Mitchell, an attorney of Chicago, came to Utah as the representative of a of the reorganized committee G. Hon. with John bondholders, commitof chairman the Carlisle, tee. Mr. Mitchell is a bright business lawyer, lie soon took in the situation. Both Mr. Mitchell and Mr. Bradley saw that if something were not done to make good the water rights of the farmers, they never could collect any of the farmers notes. The Sugar company was anxious to have all matters settled up in justice to all concerned. At last the Sugar company agreed to sell to the bondholders water at a nominal sum, provided the receiver and Mr. Mitchell would make good every water right in the valley that had been sold by the Ogden Water Works company. It was a happy day when the magnanimity of the Sugar company and the business head of Mr. Mitchell and the legal mind of Mr. Bradley commenced to work together. The writer repre- sented the Utah Sugar company; Mr. Mitchell with Mr. C. J. represented the bondholders, and Harvey G. Cattell the Bear River Land, Orchard and Beet Ad-ne- y Sugar companys interests. It would be hard to imagine, without having gone through the ordeal, the amount of detailed work necessary to make the proper adjustment. It took six months solid work, but each man had the in- terests of the valley at heart. After all the water rights were made good, Mr. Mitchell organ executive committee, assisted by Wm. M. Miller and Alan A. E. Roche. Right here I want to compliment these men, especially John P. Holmgren, since he was chairman, upon the faithful and energetic yet calm and dispossion-at- e manner in which they dis- charged their trust. About a years time was consumed in the litigation between Jarvis and Conklin and William Garland did not want Garland. the canal ; he was a big railroad builder whose home was in Los Jarvis and Conklin Angeles. knew he would not or could not handle the canal, and all kinds of offers were made to him by them but all were refused, Garland, of course, thinking that the small amount of his claim would surely be paid. Jarvis and Conklin at all times held out that the amount would be paid. That is one of the reasons why water rights were sold; because of a positive understanding that Garland would be paid. Judge C. W. Bennett would not have jeopardized the interests with which he was associated if it had ever occurred to him that year. In the evidence, it came out that Adamson was a bondholder and represented Jarvis and Conklin. Honorable Judge Marshall cited Adamson to show cause why The he should not be removed. inan view took that the judge terested bondholder could not ac as receiver. Adamson was therefore removed, and he went back to Scotland. W. C. Weaver, superintendent of the Ogden street car system, a Jarvis and Conklin company, was appointed to sucThe trials went ceed Adamson. nominal sum. This now left the companies as follows : The Water and Canal system east of Point Lookout was owned by Evans and Dooley. The land of the old Corinne Mill Canal & Stock company was controlled by Mr. Hammond of the Bear River Land, Orchard & Beet Sugar company. The Roweville branch of the canal and about 18,000 acres west of Point Lookout was owned by the bondholders of the Bear River Irrigation and Ogden Water Works comAfter all these changes pany. ized a new company called the Bear River Valley Land company, with Mr. C. J. Adney as manager. In speaking of the foreclosure of the Garland lien and the repudiation by Mr. Adamson of the water rights previously sold, I said that it was a dark day for the farmers. Subsequent developments, however, disclosed the fact that it was an act not unmixed with blessings. For ins of farmers the stance, who bought land and water and two-third- had not paid down for it were given a respite of five or six years, and when the time to settle with Air. Bradley, all were dismissed, and loan companies came in and took up the paper that the farmers were not ready to redeem. The Utah Sugar company, besides insisting upon this equitable adjustment of the difficulties that prevailed in the valley at the time of their advent, have built a million dollar sugar factory that has been the direct means of procuring a railroad to this section of country reaching even to d City in Idaho. They have paid $25,000.00 to farmers for rights-of-wa- y to build this railroad, and have built a power house, at they the mouth of the Bear River canyon, with a capacity of 5,000 horse power. They have made it possible for towns to be built up, and last but not least have been directly the cause of the appreciation in the value of farm lands in this valley. Two years ago Garland factory beat the worlds record in production of tonnage per acre and the greatest amount of saccharine, all of wThich goes to show the real intrinsic value of the soil in the Bear River valley. The growth of this valley during the last few years has been phenomenal, and banner crops are the rule in every department. A very conservative estimate of the yield of oats per acre is 80 to 100 bushels. For apple orchards the soil cannot be excelled anywhere. Within a radius of three miles from the Corinne depot, in 1907, there were grown and shipped about 25,000 bushels of apples. The grower received from $1 to $1.40 per box. In my opinion, this is one of the ideal spots of the world. With the Oregon Short Line Railroad company on the east side and the Alalad Valley railroad on the west side, and the branch of the Alalad valley extending to Thatcher, there is hardly a farm, in this whole stretch that is farther distant than three or four miles from a railroad. Any sort of a crop can be grown successfully, either farm or orchard. The citizens of this fair state cannot afford to overlook the inducements held out for the investment of capital at their very doors, or the procuring of homes in their immediate viWAI. II. ROWE. cinity. law-sui- ts Ala-la- The Hammond Ganal Air. Rowe has not been intimately associated with the construction or affairs, in any manner, of what is known as the East Side or nammond canal. This is, howan ever, irrigation system of no mean dimenisons. It was included in the original plans of Air. John R. Bothwell, and surveys were made on the east side at the same time that they were made on the west side, and followed the lines upon which the Hammond canal has thus far been built. In addition thereto, a line was surveyed through Brigham City south to Ogden. We hope that Mr. Bothwell s plans will some day mate- rialize to the very letter. Reverting to our subject, this east side project was not looked upon with any amount of favor by the Utah Sugar company people, for what reasons we have never been able to fully under- stand. About four years ago, Hon. Jas. T. Hammond, with his brothers Datus R. Hammond and Lionel Hammond, who owned at that time the Hammond construction outfit, investigated the proposition and decided that they could make it go ; consequently work was begun. We wish to say in deference to Alessrs. Hammond, with whom was associated Air. Israel Hunsaker, of Honeyville, that it required brave hearts to undertake this stupendous work. They were successful that in opening up a water-wanow supplies a great stretch of country, from Collinston to the y |
