Show AN OPEN LETTER continued from first page it as not hiir our intent and never lias has been to interfere with any ot of the i water of any cluzen of 0 brigham brigha rif city or elsewhere lie where and we stand ready to coin compensate pen sate any andall and all persons who might be damaged by any change we expect to give some of out oui w water ater instead of taking from anyone as was done when the water was diverted fro from inthe the field to the hat flat at a point near mr J 11 botts bolts mill As long as I 1 have been in brigham I 1 have heard discussed the question of reservoir Ing mantua and get their water here the legislature 0 of utah recognizing zing that the development of this arid region depends upon the economical use of water has given owners of water the right to change the place of diversion compensating those who are damaged thereby it has been the intent of myself and associates to make any an and d all r reasonable ea concessions and I 1 h have ave no idea that there is any chance for a law suit stilt and I 1 may say that many of the good people of brigham city are arc with us in our movement to buy ou out t mantua water and use it here in the event that there should be litigation the city can not expect that its city attorney would conduct the same any more than it expected the city attorney to conduct the electric light litigation I 1 therefore ask your honorable body to employ special caal counsel to look after the cites interest in connection with this proposed diversion of water and would suggest that a good competent lawyer be retained to advise in this matter and when tills this is done I 1 have not the least doubt that the divers diversion text of the wat water er can be effected as Is provided by law to the satisfaction of all parties par lies interested respectfully yours I 1 J JD D CALL city attorney section C L 1907 is as follows place of diversion and use may be changed vested rights nights protected ariy any person corpo corporation radon or iasso association clation entitled to tile the use of water may change the place of diversion and may use the water jor for other purposes than those for which it was originally appropriated but na no such change shall be made it if it impairs any vested right without just compensation at no ti time ihas th there eia been a meeting ol of the parties interested lor for the purpose of discussing the respective rights and seeing if an adjustment could be made mad e neither ha has i the city employed special counsel neith neither e r has the city paid or any other amount in attorney tees fees for special counsel but did appoint a committee of which mr air horsley was one which committee has never reported to the council nor was john 11 horsley opposed to tho the democratic city attorney hold ing office lie ile was appointed by the mayor and air II 11 r Il horsley voted to confirm had the city attorney a desire to mislead he could have easily withheld the fact that he was a part owner of this water and it if any advantage could haven have been gained in advising the city he could have given the advice to benfit himself and associates some politicians would have you think that the city attorney has not earned his salary when he assumed ollice office there was due from t the lie smelting smelling Sm elting company which was bankrupt about suit stilt was institute ed arid and the matter finally ada adjusted the city receiving and the guarantee ot of david eccles and C W nibley to the effect that the money would be paid each month thereafter for this guarantee aa rantee arid the money which was paid by these gentlemen who were stockholders in the co the city as I 1 understand gave or one months rent of lights free treed the attorney earned his first years salary in this one case this year we have the liquor license litigation arid and the city attorney could have demanded a fee of in the case had he been foot loose besides these there have been tried in the justices court city cases ile he has advised the city officers as to the law but it is not his duty to advise private individuals divi duals upon any question whatever why should people resort to methods in politics which they would spurn in their business transactions what is gained by vilifying another the marshal and his aids the justice of the peace and the city attorney have done their best to see that the laws have been enforced and in doing so have made enemies and now comes i professed high minded citizens who are willing to slander and libel these officers and attempt to defeat the mayor in his election by appealing to thosa thos who are sore because they or their sons have been punished for violations of the city ordinances the vote was a complete vindication of the attorney marshal and his deputy the slogan being a vote tor for the mayor was a vote for them and each appreciates the confide vee registered respectfully yours 3 D CALL november no ember 9 1909 |