OCR Text |
Show i I i J i x 1 The Brightest, Newsiest, Best Subscription: $2.00 Per Year G Nephi City Utah, Friday, March 25 1898. Vol. V. No. 42. 1- - Irrigation Company Is Victorious. THE DECISION J, A IN FULL A3 REN- csss BQOWK Dentist. DERED BY JUDGE HIGGINS. The Water Rights ot Hop Creek and Dock Springs Settled At Last Amount ot SS5S3 water Fixed. Hj Wool Growers Bldg. Last Monday Judge Higgins handed down hi decision in the case of The Nephi Irrigation company ts. Samuel T. Vickers, the case whieh has excited so much Wilhelmina Frankie va. Eureka comment. The decision in full is Hill Mining corapany, this is anas fellows: other heavy damage suit brought The evidence in this case bo faraa taken The consideration nnder now by by Judge O. W. Powers. on '.his point the court ie ot very unsatisfactory na- plaintiff claims damages in the ture in that the testimony given by the sum of $1 5,000 for personal injuries deplaintiffs witnesses and that of othe differ widely witnesses his nod received by the negligence of the fendant as to the amount ot water necessary to ir- defendant in allowing waste water acres of land of the rigate the thirty-on- s street causing the defendant. Te reconcile it is impossible, to fleod the and the court has no other recourse but plaintiff te fall and injure herself. to use his personal observation of the lay Plaintiff also claims $225 for mediof the land, the volume of water above the dam, and this taken In connection cal treatment. with the evidence given at the main hearMatthew OConnell, a native of ing, and the evidence taken at the supple- Ireland, and George Tajlor a mental bearing fe the basis for this decisresidnow both native of England ion. The court after due consideration finds, ing at Eureka, were admitted to First, that the defendant is entitled to the citizenship. ase of all of the flow of the water of Hop The case of Miranda Wood vs. Creek above the resent dam now maintained by him for a term of twenty-fou- r P. P. Christensen and Salt Lake continuous hours during the month of was dismissed; Mayo! each year; that each water is to Brewing company be diverted at such point by a tight dam settled out of court. constructed and maintained by tbs deThe trial of the case of Ellen fendant and at his own expense. The same to be so constructed that when the Taylor vs. William D, Myers was defendant Is not using the water as here- heard in the District court Wedin decreed, such wat Jr will not be obafternoon before a jury. structed in Us flow only to the extent that nesday the three inches tor culinary purposes Plaintiff sues on contract, claiming hereinafter decreed to the defendant eball three causes of action first, 11201 b diverted at euch dam. for serviees, rent of property and Second That the said defendant ie enfor freight; seoond, titled to the use of all of the waters of amount paid in said at the paint $650 for damages to and vaiue of Hop Creek diverted tem ilie mom er above indKPtPd for returned; third 100 of eighteen couliuou- - I.oujs ouilug the propettytiet from interest April 20, la J7, makmonth ot July ot each year. Third That the said defendant Ie en- ing in the aggregate $1951 and titled to have a stream of water three wide and ene inch deep at the point of diversion with a declination or fall at the point of diversion and for three feet h of an inch to the thereafter 01 said three feet. That said water shf.ll be diverted at such dam and le to be by a ditch or otherwise to defendants house in theshorteet practical route. Such water tote used by the defendant for domestic and culinaTy purposes only, and the amount of water remaining unused by defendant for the above purpose shall be by him conducted by ditch or otherwiseon the shortest practicable route to and into the main chausel of said Hop creek . Fourth That the defendant is entitled to the use of all the waters ofRock Spring proper to be by him diverted by ditch or otherwise immediately at said spring for a term of eighteen centinuous hours in the month of May and eighteen continn one hours In the month of Jnly ofeech and every year, for the irrigation of the one acre f land heretefore Irrigated by said spring. Fifth That the defendant may elect the of May particular time in said months and July in which he shall use the waters from Hop Creek and Rock Spring decree herein which t. ms so selected must be for the continuous hours decreed, and shall begin at noon of a day certain in each of said months of May and July, the time so elected shall be the permanent dates of the diversion of the waters under this decree for each and every year; and such date shall be inserted in the findings. Sixth The attorney for the defendant will prepare findings of facts, conclusions of law and dee'ee, in conformity with the foregoing decision, Bhall submit them to opposing counsel for approval, endorsed thereon in writing, before being presented to the court for signature. Seventh That the plaintiff and defendant herein will each pay oneihaif of the court costs accrued at this hearing, and shall each pay the witnesses produce! in their own behalf respectively. Upoa the filing of this decision the clerk will forthwith furnish a copy theusl to counsel for the respective parties. in-uh- ee one-sixt- corn-ducte- d costs, The defendant denies the contract and alleges that plaintiff came from Ogden to Eureka and placed her furniture in the Keystone hotel with a view of entering into partnership with defendant. After plaintiff had been in Eureka some time she concluded that she did not want any partnership with defendant and defendant then employed her for two months. The evidence is very racy game-whsensational and extremely conflicting. The jury was out one hour and returned a verdict for plaintiff in the sum of 1291. The case of W. D. Wilson vs. Consolidated Mining Triumph involves the title to very company valuable mining property adjoinwell-knoing the aideline of the Sunbeam mining claim, Tintic district. Plaintiff prays judgment for possession of premises $1000 damages and that defendant be enjoined from interfering with plaintiffs rights. The j ury returned a verdict, no cause of action. The damage case for $10,000 for personal injuries of W. I. Franks FIFTH DISTRICT. Terms ol Court Are Held on the Dates Named. E. V. Higgins. Judge. Residence, Nephi. lofty feelings and Ed is a father. It came unheralded, without anyr demonstration of musical numbers ae that which precedes a mighty army. But the wee little feminine portion of humanity was a welcome intruder. Eddies accustomed haunts will see less of him. If he is late at the council meetings, ye gifted solons will know the cause. Kindly bear with him; he will be in au acute state of mind, and it will be humanitarian if the council will view it in this light. I met the gentleman early Monday morning. lie was walking on air and had just breakfasted on love. Handing out a fine havana he said to me, Its a girl. Turning it around I viewed it in astonYes, I ishment, I said, A Girl. have a baby girl at home. Oh, I see, I thought you meant the I heartily congratulated cigar. him on his good fortune. The sorrows have still to come. Of course no one has bargained to Not much. share his sorrows. When in the silent watches of the night, after the whole city is enshrouded in dreamland, after the labor of tbe day has been finished, then will the tua commence. When it does commence, Ed. be sure you have a pretty good sized bottle of County At St. Washington the first Mondays in Jan George uary, May and September. Iron County At Porowan the third Mondays in January, May and September. Beaver County At Beaver City he First Tuesdays in February, June aad October. Millard County At Fillmore the paregoric handy, and dont forget third Mondays in February and and have a spoon, June, and the fourth Monday in that is indispensible ia such cases, October. then prepare yourself for the worst. Juab County At Nephi the If yon have to develop into a floor second Mond lys in March and July walker, be sure that the carpeted and the third Monday in Novem- floor is clear of protruding tacks, ber. your stock of patience complete f and suitable for every emergency, FOR STAKE. then you. will sail along all right. well-develope- d selections by Prof. O A. Bates, Miss Edua Morris Miss. E.ith Whitmore and others were sp!udidly rendered. The speeches on current educational matters by Professor Tanner in the lecture in the Tabernacle in the evening empharized the fact that all young men and women should learn some profession and not all look to the avenues of clerkships nd its kindred business for a livehood. Mrs. Root gave some very sensible suggestions on the matter of common sense in dress. The appointment by the city council of Dan Miller to the portion of water master was a well deserv ed recognition of Mr. Millers services as a Republican. Of coarse it wws not to be supposed that a Democrat would be chosen, to fill this position and all though Mr. Miller is an ardent Republican he is a ger eral good fellow with all parties and the appointment gives good, general satisfaction. I think everyone should get out to the dance next Tuesday evening given in honor of so worthy a young man like Albert Belliston, who will depart Thursday for a long mission to the Ilawinan Ia lands, Come out along with Uncia Boz aud help him. To Whom It May Concern. We hereby notify the public that we have taken the sandstone quaries south- west of Nephi, and have legally recorded the same. Any one found removing rock therefrom without permission will be prosecuted according to John II. IIioginson law. JUAB Elias II. Warvood. List of Home Missionaries for ct Zion. this Stake The following is the list of home rnissionnrioB that wore appointed at the la.M Stake conference: Sidney Coray ami Edward Newton, of Mona. J. W. Vickers, Joseph Trice, James Jenkins, John Belliston, W. A. Garret, and H. H. Pitchforth, of Nephi. and Stephen C. Christensen William Boyle of Levan, Franklin Wilcox, Ed. Sudberry, W. R. N. Paxman, Jacob J. Huber, Joseph Ilillstead and Francis Brom of Eureka. fi The Juab Teachers Institute met as an organization at tLe Central school building on Saturday last. Besides school teachers and scholars from outlying district!, there were also preaeut. Profess rJ. M. Tanner of Agricultural College of Logan; Professor Wolf of B. Y. Academy, Provo; and Mrs. Root of Salt Lake City. It was a day to be thought of in after moments of seriousness. So much intellect and intellegence massed together would I surely demonstrate its worth. The pro was not disappointed. well rendered was by those gram who took part and it waj successfully carried through without a hitch. Vocal and instrumental Iu a private letter from an American woman traveling in Europe occurs th following: Last night we went to Monte Carlo and eaw Lily Langtry m white cat .n and diamonds 1 playing heavily and winning all the time. The duk of Cambridge wa watching her, and bo was everybody else. John Wesley realized a fortune by hie literary publication. II is said to have made by his religious writinga $150,000. Every penny of the iuaney was expended by Wesley in charity, e Th drink bill of IheSwiss aggregated $37,000,000 a year, while the expense! of keeping up the army is on'y at wn vb. Bullion-Bec- k and Champion Mining company was heard. A continuance for the term was granted reluctantly in the cases of and Champion Mining company and John Ivy vs. Bullion-Bec- k Grace Taylor et. al. vs. Homestake Mining and Milling company Dr. m Jaraes A. Todd By Uncle Boz. She smiles and sleeps! sleep on And smile thou little young Inheritor bf a world scarce less young; Bleep on and smile! Thine aro tbe hoori and days whoa betn are cheering Andlnooeent! Byron. The past week has brought joy and happiness to one naan at least. Oar genial Mayor, E. R. Booth has been the recipient of a royal gift. It is said that an infant in the of joy. I house is a be for will think it ie or rather, it a time at least. The calm always precedes a storm, and that eyclonic outburt is yet to come. But the joyous part of the program first. No doubt as to Ed being full of happiness. No wonder the broad smile of pride is seen on his countenance. He might well feel that way. A father should always have DENTIST, Hawkins Block. Three Doors North of Post Office well-sprin- g jilessFillingf Practices the Hale Method of Does the toothpick hurtSur teeth? It is Probably Pyorrhea. be cured. Pyorrhea cannow |