| Show I 1 RELIEF DENIED 4 t av duft lilt I 1 indication or THE rits mice k avater 10 I 1 tir the decision of r the court carl wl W 1 ft a 01 beaff sa s1 1 1 0 stheal the C case vv s afia again daring the h may term I 1 A li bearing wa hail had on tuesday lad 4 g before judge johnson of the potI petition tIon of I 1 clarence marsh et ti al for th the appoint nt i neat ment of a temporary receiver and a tear tow coraly ora y order la ili th the cae ease ot of clarence marsh and other others versus ur the price water company alala li A W horsley ana the apall cation WM was based opal ortala beg Jle gei ad fraud treads of the defendant ar ng 0 other thing things it bahij alleged that tb the water company coln party ha h alt not D ot and an 4 mthr haa had bad any legal corporate that ilia the article articles of incorporation were never properly executes the requisite amona amonn V of stock subscriptions baring having not be been shown in the original article artIC of 1 ment and the oath required to be tadeu by incorporators barloa never beel 14 0 Us Z 17 t I 1 aja ci U t rv 1 I 7 N ter company it waa was farther further alleged alleg mil I 1 and shown by the testimony of the wit nesses for the plaintiff plaintiffs that the orinte te 21 idea of the subscribers to the amer association was to the th effect that la in exchange for labor anil and cull cash malo 1 to the scheme the subscribers were to receive 1 a hare share of the water flowing in the duch al I 1 proportionate to heir their took boldingh bol dingi bat but that after the eaarl warf wad v 0 o ope operated rated for a number of year years the r v tock stock became la in the huu of a few rapacious abo bo changed the system of water d tion disregarding the primitive dro 1 of the ditch organizer organize and by makee 11 1 unlawful change in the terpo rate object made of the water bompa a ny y a commer clil scheme exacting free frosts 4 stockholders tocK bolden a written oon contract tract aad mail agreement greeni ent fo 0 o par a ceresin dunwar r before abey deliver huseas I 1 or irrigation purposes it WM was fur further titer hown shown by the t hat teat aati this shange wu was made the ere required to pay the me t 0 water at r as waa was required 0 of a tr iager va aia in addition a wets required to axy y alleged 9 assim amenti 0 ir ita ot of the ditch in repair the books of hr we association which bad been 1 carefully audited by clrrnce a were thoroughly gone into and mud milea merriment vir had when mr marah marsh explained e their condition boudi tion to the coort 1 I among other interesting A purported por ported financial tate state meat mout of the i A water company waa was to have 1111 forced balance check checks were introduced showing that 4 large of the stockholders meaty W bad had been paid to the defendis fw fm I 1 labor not performed by them but per 0 formed ormed by their hired mea men the water company being charged forty cent cents per par j 1 1 hour for a man and team furnished by these individuals while the evidence the hired man wu was employed by tie directors direct ora at from G to 9 80 30 per month mud an the large differ t I 1 elom went into the profits of the director it wa was contended by mr zane that the difference belonged to the water IL company and that by reason of och uh lawful acta acts on an the part of the defendant defend sou the stockholders tock holder had been required to pay unnecessarily large 1 for the maintenance cf the ilia ditch it wu wm 1 shown by the plaintiffs that BOO wai was a good average figure for the annual clearing elming of the while the books balow wo tb annual ti tor for clea cleaning and maintaining the ditch to ba 1100 op tip the application for permanent 1 er will w ill be heard beard at the joco june tera term of court when some sensational ania tlona develop dere top nent may be expect expects A aa as it tt 14 gone generally rally understood tood that both partie parties avis ba e edl in the way of evi dewit to I 1 offer at that time A 1 after the plaintiff is bad ba rested abir i case the vie court announced ita its decision dec ldoa 0 denying the application for a temporary receiver celver te also the up for a temporary injunction however not pass arg upon all oil abe phases of the pla latiffe case reserving its i opinion for the maw 1 trial to be bad had at the next terra term of court I 1 in view ol 01 the showing mad As by we plaintiff the decision ot of the court wu S general but it Is U to be devoutly hoped that wl aia d ibe the matter to if more ir re the patron patrons my 1 bu released from the testa tents aves cl t of the water trust and thus be on r blea to urk their ranched without fear fam of their entire income beag for arba armaments ments imposed upon theal by w an arbitrary majority U |
