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Show M, vuv entine Jensen fth i.fh)' IHbU Ittl iuio, Ambrose-whic- h vere!passe1 ..w I. imi inMimi ay while he was thei mm' mrni nrnniriTiWiiir"""'iiiir'"i'i4 THE BOX ELDER NEWS, BRIGHAM CITY, UTAH. Corinne company, were given absolute authority to transact all business connected therewith. With this authority they proceeded to make prices on land and water, employing agents and locating agencies in a number of eastern cities. Land and water was placed on the market at $30 per acre, and terms or payment were down, balance in nine equal installments, with seven per cent interest per annum upon deferred payments. Under this arrangement a large amount of land was sold, but we soon realized that under such easy payments a class of people was being induced to locate here whose resources were so limited that one-tent- h something in return for his Investment land. Garland did not want the canal; he was a big railroad builder whose home was in Los Angeles. Jarvis and Conklin 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 Garlands claim would not be paid. Jarvis and Conklin dilly dallied so much that Garland wearied of the delay. He was sick in both mind and body, and made an offer, once, to settle up the affair for $75,000. Garland acted the gentleman in every way. Attorneys Vaughn and Rogers kept up the fight for Jarvis and Conklin, who ev.dently hoped to wear Garland out by litigation. During this long and tedious legal fight, a Mr. Wm. Adamson of Glasgow, came upon the scene as the representative of the bondholders and Jarvis and Conklin. Adamson and L. were Conklin for the receivers Stanley appointed Bear River Irrigation and Ogden Water Works company and held the pos tion until the trials of the Farmers versus the Ogden Water Works and Irrigation company came before Referee Samuel Lewis of the United States Court. Adamson's first act was to issue his notorious circular letter to the farmers, repudiating any responsibility in reference to the waters, which caused very much ill feeling towards the company; but I 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 he would get nothing. Notwithstanding ail 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 Btate, 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. no improvements would be made. Under the circumstances, an $80,000 advertising contract was given the Chicago Inter-Oceaand prices on land and water advanced to $40 per acre, down, balance in one, two and three years. This plan proved to be successful, and a great ataount of land was sold. Changes occurred day by day; new faces were seen; and gradually the vast body of land began to show signs of life, scientific farming, and irrigation; putting a new phase on the valley. Extra canal and laterals had to be made to accommodate the influx of farmers; new school houses had to be built; and for several years everything moved along with a rush. 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 finally 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 turn. They took the stand that the trust deed given to secure the bonds took precedence over the lien filed by Garland. Garland's lien was not filed until some time after the trust deed, and Colonizers Difficulties. many lawyers took sides with Jarvis and Conklin Before going into the details of the Garland lien, in the view that the document filed first took preI want to refer to some of the difficulties encountcedence over all others, but the Supreme court ered by the colonizers of Bear River valley, through sustained Judge Miner, who first tried the case. having their clients intercepted by unscrupulous The court took the stand that the building of the along the route from the east to this canal was the one thing that made the bonds of valley. At Ogden their work was especially noticeany value at all, and, therefore, any indebtedness able. The Corinne company and the Bear River incurred in the construction of any work that created Canal company, heretofore referred to, had gone a value must be paid for. You can imagine the to a great deal of expense in the way of advertis- - serious blow it was to the company. The canal one-fourt- h land-schemer- s, ? rfi' rrr I W h d Ff 5r f, S a R $ ft. . WHAT IRRIGATION. ing, 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 bringing many hundreds of home seekers to the Bear River valley. The action of these intercepting agents, especially at Ogden, became so offensive that steps were taken to apprehend theta 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 promised to behave themselves in the future. As a sample of what was done, we submit an affidavit signed by two or our people and dated July 30, 1897. These affidavits were taken in Weber county and read as follows: and being first duly sworn e depose and say, that on the 27th day of July, We . stated Mr. called at the office of that we wished to purchase land for orchards, provided we could find something to suit us. r He offere'd We then asked him what ns two pieces: kind of land the Bear River company had for sale. His 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 here--wit- h HAS DONE FOR BEAR RIVER VALLEY took the water rights with it. At that time there had been about 12,000 to 14,000 acres of land and water sold. This seemed a fated time for us all. Some people took the stand that the United States court could not separate the water from their farms, but anyway the fact remained. As our It was like friend, C. P. Tolna of Thatcher, said: going to milk a cow, without a pail this having no ' canal through which to conduct the water. Immediately the fur began to fly, the farmers were thoroughly aroused, and many rash things were said and done. We had as many ex tempore opin--ion- s 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 had been taken frota them. It 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 executive committee, assisted by Wta. M. Millet arid F. Alan E. Roche and Alan E. Roche. - Right herb I want to compliment these men, especially John P. Holmgren, since he was chairman, upon the faithful and energetic yet calm and dispassionate mariner In which they discharged their trust About a years time was consumed in the litigation between Jarvis and Conklin and William Gar- -- -- Judge Dey of Salt Lake, and Judge Home of Ogden. Judge Horne was a former partner of Evans & Rog- ers, 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 Rogers and Howat. The battle was a fierce one and lasted for more than a year. In the evidence, it came out that Adamson was a bondholder and represented Jarvis and Conklin. Honorable cause to Adamson show Marshall cited why Judge The judge took the view he should not be removed that an interested bondholder could not act as receiver. Adamson was therefore removed, and he went back to Scotland. W. C. Weaver, superintend-- . ent of the Ogden street car system, a Jarvis and Conklin company, was appointed to succeed Adamson. The trials went on slowly. Evidence came to light which disqualified Weaver to act in the capacity of receiver; thereupon he wa3 removed, and . the well known attorney and counselor at law William M. Bradley, of Salt Lake City, was appointed receiver, and the silver lining of the clouds began to show. (A peculiar fact in connection with these receivers Is that every one of them bore the name of William; for Instance, there were Wm. H. Rowe, Wm. Adamson, Wm. C. Weaver and Wm. M.-- ' !V I |