| Show OGDEN waterworks WATER WORKS SUIT an affidavit has been filed in the united states circuit court setting forth that owing to prejudice against certain defendants that a fair trial cannot be had in the state court and asking that the case be tried in the federal court the suit to is between ogden city vs the bear lake river waterworks Water works and irrigation Irl gation company the vear bear river irrigation and ogden waterworks Water works company samuel M jarvis and roland R conklin the is signed by D van dam and W H rowe and they say that the defendants fend ants to samuel H jarvis and roland rd 4 conklin of whom they are afie agents and attorneys are residents of th tb state abate of new york and that owing 16 local prejudice and influence jarvis and conklin and the other defendants ta in the action will not be able to obtain justice in the state courts and that no party to the suit will be prejudiced by it a trial in the circuit court they state that such prejudice and local influence has been engendered against the right of the defendants to own or control the waterworks water works system toy by which the city of ogden is supplied with water and which the defendants constructed and do own that they can adf obtain a fair trial in the state courtz that the city through its mayor and city council and the agents alave subsidized the ogden standard dmd and a large number of other newspapers PR to publish all over the state of utah that the defendants had no right or title to the waterworks water works and that the ame should be the property of the etty city of ogden that they have caused the agents and servants of the defendants mt to be cartooned cartoon ed and made ridiculous and have advised the people of ogden not to pay the water rentals to the the mayor and city county have neglected to pay water rentals fr for certain fire hydrants which they had chad agreed to pay and have by other In methods undertaken to poison and prejudice the minds of the people of the state of utah and the state courts ivy by paid publications in the newspapers it Is also stated that pursuant to the general plan of the city to break down and destroy the defendants and manufacture local prejudice against them an ordinance was passed by the city council by which the city was permitted to issue in bonds with which to construct a competitive system of waterworks water works and for the purpose or of gaining the approval of the people tor such ordinance the council subsidized space in newspapers in which the agents of the defendants were car mooned and made ridiculous and caused emmin false matter to be distributed and so poisoned ed the minds of the people that the ordinance mentioned received the approval of a large majority of the people of ogden who were led to believe that bat the defendants were not entitled to any part of the water system that they had obtained it through fraud and that it ought to be confiscated to the aft and that the suit was waa brought for that oae it is further alleged that the ate city council caused to be published statements to the effect that the water supplied by the defendants was impure and fouled with deleterious matter which caused disease it is in charged that the people of ogden were taught to believe that because jarvis and conklin are non residents of Os og GiSt den they hW ought not to be permitted to ae business in ogden or own anything athing an there the aff also says that the mayor and city council secured the ser vices oi of C C richards J H macmillan richards richards and others as counsel in the case for the political influence and for their purpose of engendering prejudice against the defendants with the courts of the state the suit was originally filed in the second judicial district court at ogden and on motion of defendants was transferred to the united states court the ground taken at that time was that some of defendants were not residents of utah the plaintiff then filed a motion in the circuit court asking that the case be sent back to the state court and in opposition to this the defendants fend ants filed the above affidavit |
