| Show THE UTAH LAKE WATER SUITS at provo the entire day was wa taken up by the attorneys and litigants in the case of salt bait lake city el al ve baj J H colange et al i ia a tryl trying ag to effect a compromise to lo the case at 4 o the court resumed session sou the following stipulation which had been agreed upon by all parties were spread upon we records corde re it la in hereby stipulated and agreed by and between the parties in this action that the elevation of three feet feat three anu one half inches above low water mark referred to in the contract of 1886 1885 la in evidence in this case cage Is ia at a four feet and six inches below uie he top of the stone monument near the head of jordan was edtl limbed by the he utah lake commission in 1886 as testified io in this case cane by israel evans evana francis armstrong Arma ellas A smith aoa others othere and that the ibe decree of the court shall fix said aid elevation as aa being the point referred to in said contract as an three feet three and one half inches above the polut point bore bere dufore established and recognized a low water marx mark in said lake and for this pur purpose posio a survey shall be made and a permanent monument shall hereafter be established and maintained at the expense of plaintiffs in sald utah lake at a point to be here after abier agreed upon by the parties hereto or fixed by the court between a point one mile north of provo river and a point five miles south of the be mouth of said river where it will be least sub eject to temporary fluctuations of the height of abe be water by winds or the be influx of spanish purk fork an aej 1 provo rivers to perpetuate said agreed ele elevation and the thai the said bald monument when so BO established shall ahall be maintained an the controlling evi evidence derce of the elevation at which the water of said lake is authorized to be maintained by udd bald contract thle this places the low awatar mark about two inches below the former low water mark the court then adjourned till 7 pm for the purpose of giving them further time to settle other points which were under advisement att no agreement bad been arrived at and further time was wait given at the following persons persona were entered as aa defendants george f posy jt jr wm win dallel posy E I 1 win posy and W H wilson the further stipulations stipulation is were then read by judge J 0 sutherland and an placed upon the records it la Is hereby stipulated and agreed by and between the parties s to this action that an injunction be issued as prayed for in we the complaint against all the defendants except here bore follows a long use list of names and that the qa question estion as to the right of said de fenu ants above excepted exoe pied not including george T to damages and the amount there thereof oft shall be referred ret erred to joseph E taylor ol of salt lake Latie city amos 0 holdaway Holi Holu laway away of provo city and lewis jlewis W of ogden oden city to report to the court anu and on confirmation of said report by said referees or a majority of them and satisfaction oy the f any damages found against mean the therein the plaintiffs shall be eo ea titled to eaid injunction as preyed for fer in the complaint against said except t td cd d defendants provided that toe the frego tug stipulation to refer does not include gaorge T 21 2 1 the fhe injunction above referred to tot Is to enjoin defendants from bringing suit against plaintiffs for damages caused by overflow of water occasioned by plaintiff eli fall fallu comply with the agreement entered ailt between plaintiffs and defendants in regard to raising the water in utah etke and those defendants defend ante whom it is stipulates stipulated the in junction Junot lod shall be issued wit bilhou tiou soy any satisfaction of damages and such defendants fend ants as an failed toa and against whom judgment was taken by default george f T posy Is not In cluied in the excepted for the reason that ne he has a suit for damages damage now pending in the supreme court the referees will meet as speedily as possible to hear bear and pass upon claims ft fr damages and it was further stipe that claimants must present their claims within fifteen days further hearing bearing of the cas was wan then postponed till the of april the foregoing a leave but one question of controversy in tae case fur for the court tu to pass upon that la Is the tb right of the plaintiff to maintain twenty two inches of plank in the bottom of the dam in J ordan jordan river rhey claim to have that right for the reason that wey they have removed natural obstructions obstruct ons from the bottom of the river civer above the dam which would impede we toe diw fl W of water to the be same extent that thai the planks do this is denied by defendants and there seems to be no possibility of comprising thin point |
