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Show . FAY VOLUME XXXIV NUMBER 24 PAYSON, UTAH, APRIL 14, 1922. JUNIOR HIGH STUDENTS RECEIVE CERTIFICATES City Council Hears Full PRICE, FIVE CENTS EVAN STEPHENS HIGHLY COMPLIMENTS NEBO CHOIR MAT 3 students of the Junior The Nebo stake tabernacle ehoir, high school will be given certificates made up of about 100 voices from Pt graduation at exercises iu the Payson and a similar number from Fork, distinguished itself Payson high school building on the Spanish last Sunday on occasion of its appearevening of May 3. ance in the assembly hall on the The following is a list of tabernacle grounds in Salt Lake. Under the direction of Professor Fay Badham, Leona Balzly, Waller Bates, Hazel Oannon, Blanche Carson, Carl O. Nelson the ehoir rendered a isle Cloward, Alice Clayson, Bernice number of selections completely satDavis, Melba Ellsworth, Vera Elmer, isfying an audience which filled the Norma Erlandson, Roland Erlandson, assembly hall to full capacity. ProVenice Farnsworth, Dean Gardner, fessor Evan Stephens, director of the tabernacle choir, most Stella Harris, Katie Hasl&m, Lewis Salt Lake Ajatt, Chloris Hill, Maurine Hill, highly complimented the Nebo choir NUla Hill, Wilmer Hill, Elizabeth on its accomplishment. Huish, Ralph Kitchen, Willis Loveless, Thelma Mendenhall, Della Me BENJAMIN DBOLLINGER IS Beth, Elmer McClellan, Winonah Me PLACED AT PINAL REST ban, Vernon Moore, Audra Morgan, Afton Nebeker, Mildred The funeral ef Benjamin Drollinger Pickett, Marie Pulver, Erma Reece, Norman sixty-fiv- e years of age, who died On SaddlersHlsie Schramn, Violah W last week, was held night Friday f Violet Sehoenfeld, Golds last Monday. It was largely attendShuler, Henry Simmons, Uarda Smith ed. Fred Sorenson Aline Stark, Jennie Mr. Drollinger was bom on FebStark, Theo Stork, Melva Stewart, ruary 13, 1857, at Wheatland, Cab Nelda Tanner, Don Taylor, N'eldon He had been a resident of Pajyson Taylor, Evelyn Tilson, Della Wight-man- , since 1879. He ig survived by his Max Wilde, Retta Wilson, Effie wiiow and seven children, mother, Wilson, Ada Wilson, Thelma Woods. two brothers and four sisters. Fifty-si- x Opinion of Court on Hearing City Council Lays Plans For Averting Damage That May of Strawberry Water Caser Court Holds That In Order to Conserve Peteetneet Creek Water for Use of Municipality, the City Must Permantly Discontinue Comingling of the Waters canal water for the different possible At it3 regular session last Monday night the city council heard the official report of the result of the of the suit the of hearing city of state the Payson against engineer in the fourth district court, Judge Woolley Ddworthy presiding. The of tho court tv as read by opinion W. nlcMullin. li. City Attorney Providing that Paysou city cuts out all of the Strawberry water from coursing through the city or Paysou, then the decision of teh court may , e construed a a victory for the city. Wheu the opinion was read at length in the council meeting Mayor the entertain White appeared to opiuion that the city had won tho case, apparently not taking into consideration the fact that under the ruling of the court certain things must be complied with, it is considered by some of the most prominent citizens, either cannot be accomplished at all or at impossible expense. Commenting on the question of quality of water, the court said: The law under which this proceeding is initiated provides that an exchange may be made provided the in water will not bo deteriorated quality. I take it that this is a ' question of fact to bo determined, waters to be substituted whether the for those takea will be deteriorated in quality. If they will be, an exchange should not be permitted. I take it, also, 'that the question of whether the waters, are deteriorated in quality is a relative term. I think any deterioration, however small or inconsequential it might be, will be sufficient to prohibit a person from exchanging. I think in determining the question, also, the court must, and the engineer should, take into consideration the uses to which the waters of the stream aTe being put, find the uses to which they might be put by the prior appropriator where a person has a right to use it. For exare used for ample, if the waters not and for, any purposes, power othcT purpose, and the waters which will be exchanged for them, were in in not deteriorated quality with would interfere that any way the use of the other waters for power purposes, that an exchange ought to bo permitted, because then there would be no injury or damage to the prior appropriator; and so if you consider, and if we do consider in this case the purposes to which the water is being put and to which it might bp put . by the users , of it, then I think we raise all the possible uses to yhich the waters in a stream might bo put, except for power pur- uses. Ued on Small Tracts. The court would take into consideration the situation in regard to l'ayson city in this consideration, 'flic land mostly within the city, when the water will be used for the in irrigation of gardens, is owned small tracts. The court will recognize the i.ict that layson city is iu .. poit iou of the state wheie small laiinuig is the picdomiantiug method or system of fanning, truck gardenof ing, fruit glowing and things that kind, lor general irrigation purposes the water is applied in large volume for the irngatiuu of grain and ulialfa. 1 rather think the weight of the evidence is that the canal water i8 as good as the creek water for that purpose. On the other hand for the irrigation of small gardens for the irrigation of lawns, and for tho uses to which the water is Tut within the cityj I am of the opinion that upon a consideration of all the evidence in the case, as well as the exhibits which have been admitted, that the water which the defendants propose to substitute in lieu of the fieek waters would be ' deteriorated j quality. If that were all there is iu the case, the duty of the court, I think, would be quite clear. 1 should not hesitate to enter the necessary judgment or decree reversing the action of the state engineer, because I think he has failed to take into consideration what may, perhaps, bo described as a municipal use, out-id- o of general irrigation purposes. It will be noticed that in the application whieh the state engineer allowed, application No. 3, the state engineer allowed it on that condition that if the city at any time desires to put the Peteetneet creek water into its pipe line system, then it has the right to do so and the defendant's right to change the water shall ease. In that way the state engineer has undertaken to protect the city to the extent that it may be necessary fo the city to use the creek water ia supplying the inhab itants stitA water fori&tneatie purposes. By that, usee within the , b- - all the Jdd, and per- the yards haps stock water' and corrals. think there is another nse which Payson city is interested in protecting and maintainof ing and that is the irrigation gardens, lawns and flower gardens and generally beautifying the conditions within the eity, and also in supplying clear water in plaee of muddy water for use within the ditches inside of the city. As I have laid, if it were simply a question now whether Payson should use or be permitted to use the poses. During the period of the creek water, 0r have imposed upon I rather think it, the une of eanal water, the court early spring run-ofthe evidence shows that there is would not hesitate in reversing the not a great deal of difference be- action of the state engineer, but tween the two waters. There may those other elements enter! into the be more sediment in the canal water situation now. Tho city has purchas during that period, also. I might ed from the reclamation service of mention that the evidonce shows the the United States government, Straw canal is supplied by the waters of berry water for use within the city the river, and not from the Straw- and hag enabled it, and unless an f per- exchange can be made, I take it for berry rcservior during tho iod. The creek clears of sddiment granted, will continue to mingle-thrun-of- f canal water with Peteetneet ereek very rapidly; after the spring begins to recede, and about the time water. It is made to appear that some the waters in the river begin to diminish in quantity of flow then the of the lots within the city have only water from the rcservior is turned in. half a water right as they call it; I think tho evidence fairly shows some have no water right at all nnd that from then on there is a very fin order to bring all the lots within in the the city np to a right to the use great deal more sediment feet I think that is canal water than theje is in the of three-acr- e creek water. It is natural it should the term an irrigation district withbe so, because the drainage area is in the city has been organized and have been purchased larger into tho Spanish Fork rijer, canal waters wher0 the water from the rcservior and are being mingled and will necis comingled with the river water. essarily have to be mingled with the The water has a larger distance to creek water to supply these lots and fnll water Tight. flow, and flows in larger volume, and give them all a more The says, and the however, to city, enabled carry is, therefore, evidence grios to show, that there sediment. : Therf We come down to the uses is a contemplated plan of exchangto which the waters are put, and ing with the farmers, using creek the question arises as to whether or water on the outside in order that not elear water is better than the th0 land within the city limits may yin f, un-of- e , PROFESSOR CARL 0, NELSON TO BE QUEST OF HONOR At the L 0. O. F, hall Wednesday evening four new candidates , were initiated into th oTder by the local The .Spanish Fork division of the Rebekhh lodge. Three were from Nebo stake tabernacle choir has in- Spanish Fork and one from Payson. vited the member of the Payson Following these exercises a social division to join with it in a testi- wag enjoyed, the Payson members monial to Professor Carl O. Nelson, entertaining aboat twenty guests director, in the auditorium at Spanish from Spanish Fork. Fork next Wednesday night. A Miss Alice Merrell and Miss Elvn special car will be provided for the n Payson choir members, leaving Pay-so- Frnncom spent the week end in Salt Lake. at 7,15 p. m. Public Demands Concrete Base for Stale Highway ' The Provo Herald says in a big-- ' editorial entitled Cement Or Bitulithic-Le- t 'g Get The rawest Possible Priee,'' It is ' rue, too. that cement is more costly than bitulithic. ' The fact is that cement to the state of Utah F. O. B. e cars Salt Lake City eostg exactly 12.23 per ton. On the other hand, the price of California asphalt, the' major ingredient in bitulithic, F. 0. B. the cars, Salt Lake City, is 833 per ton. So, instead of cement, the more Utah product, costing than asphalt, the asphalt eostg two and raiedialf times more than the cement. However, the specifications for the o type of pavements may be so amputated that despite the much tower unit cost of Utah cement as against California asphalt, enough more cement can be required for the concrete road than, asphalt for the b.tulithic road, that the concrete road vil, in reality, prove greater in cost than the bitulithic road. W0 would like to remind the Herald, as well as the county commissioners and any other of our community, who have forgotten the occurrence, that when bid were asked on June 7, 1920 for 10 miles of highway paving by our county in which 7 inch concrete, bitulithic on bituminous base, and bitulithic on concrete base-pwere specified, the ond proved $10,510 pel- - mile less in cost than the road, and $12,100 per mile les8 than the bitu-thi- c surface on the concrete base. V et according to the county engineer e , 3 a all be supplied with the creek water. believe that there is such a plan in contemplation and that definite steps have been taken toward the accomplishment ' of that purpose. Whether it will be possible for the city to earry it out or not, I do not know, and I suppose it is not necessary that the sonrt should know at this time. , At any rate, I take it that there is a definite and well understood purpose on the part of the city to make that exchange. Now, if that exchange is not made, and if the city continues to mingle the eanal waters with the ereek waters, and use eom-- i ogled water within the cityfimits, it seems to me that the dtVould not be injured, nor would any water user within the eity be injured by exchange whieh these defendants prepose to make. It, therefore seems to me that fair and equitable thing to do would be to enter such a decree or allow the application upon such a condition if thie contemplated exchange was- - ever .perfected by Payson city, then the right on the part of the defendant to have the ereek water and put the eanal water . in, should be dented. I ' Result from Flood Waters Necessity for Immediate Action Is Urged by Strawberry High Line Canal Company Which Assures Council That It Will Co- operate With the City immediate aetin toward from the mouth of the canyon .through of th city. In bringing tho matter to tho atPetoctneet creek this spring, and tention of the council Mr. Taylor, in tillering to every way with Payson city in preventing dam- for tho Strawberry High Lino Canal company, expressed a willingness' to age, a committee consisting of Loe take as much of the flood waters as it. Taylor, Karl F. Keeler and A. R. possible into its caual system and Wilson, representing tho Strawberry spill it into Utah lake, or to take High Line Canal company, appeared nono of the water into its eanal sysbefore the city council at the regular tem if it ig thought 1o bo advisablo session last Monday night. Emphasis in order to insure sufficient fires to waa placed on the faet that an uncarry off the gravel and debirit which usual amount of water will course may be brought down' by.$hh flood down the creek this spring, owing waters. to the heavy snows, and that unpreIt wag suggested by Mr. Keeler cedented high water may be antici- that it might be well to trap the pated. gravel in the canyon by foiling trees The company is not legally or at advantageous points and place otherwise to take all thmn cross the creek channel to spread obligated of the water owned by it or to the force of the current, thus causprovide safe passago for the water ing the gravel to be deposited over from the canal westward to Utah a largu area. If this wore done the lake. On the contrary, tho natural Strawberry High Lino Canal company channel can be required to carry tho eoirtd handle a larger part of tho entire flow of water at any time water without danger of filling its that the owners do not wish to nse canal with gravel. their water. Tho Strawberry High Line Canal However, the Strawberry . High company appears to be displaying Lino Canal company is willing to a fair attitude in the 'matter and it with the city in every is believed that a thorough ' will result. The matter was repossible way and to aid in providing a means of handling this annually ferred to the irrigation committee, recurring community menace. The consisting of Councilmen .. W. Fred burden, however, rests with the city, Tanner and Sidney Coray, with powas controller of the natural channel er to net Urging taking care of the high waters all three types were considered comparable, that is, should have cost the same. Theu what on earth did these vast differences of $10,510 and $12,-ii- ) respectively, per mile represent! Why, inflated profits, royalty, tribute, or whatever else you have a mind to reminded (eall it. For it must be . a; bitilliihie is a patented pavement and whenever and wherever it m purchased yon not only pay the open market cost for the California asphalt, its chief ingredient, but yeu pay a certain amount to the owners of the patent at Boston, Mass., for bo right to lay the pavement. This amount depend exactly upon what Against determined protest on the he traffic will bear but normally is part of Mayor Charles H. While, the $2,640 per mile for an high-ay- . city council, at a special meeting If We must have bituminous pav- m Thursday night placed in' arbitra-liothe matter of tho dispute being in this county, let us have it, but let us have the unpatented hind. tween the city of Fayson and the Line Canal comhe Paysonian will fight patented Strawberry High nitulithic to a finish, as has the pany regarding rights to seepage water on Spring creek. On Minneapolis Chamber of Commerce, of the mayor, N. L. SimAtlantia CUy chamber of com merce, countless newspapers and other ons, city watermftster, was named to substantial organization throughout represent the city on the board of the country. Bitulithic must go. It arbitration. The Strawberry High as been proven time and time again Line Canal company will uamo an in insidious influence and it has arbitrator and the two w'ill name n )pe rated in our state too long third. It cannot be laid in Illinois. The special meeting w'ag called by I p until 1921 there was not a single the mayor with alleged instructions mile on the California state highway to the city marshal to keep tho matThe Washington State High-sa- ter of tho special meeting quiet so system. department will not lay it. Then that the public might not know there aTe at least 26 important cities through tho medium of tho Iuysou-iathroughout the eountry that either what transpired at the meeting. will not or cannot lay patented bitu-ithiHowever, it all leaked out after including among which are the meeting and it is understood that Seattle, Wash., Newark, N. J., New the not mayor waxed hot, though Iork, N. Y., Kansas City, Mo., Chihis all of and exerted eloquent, cago, HI., Milwakee, Wis., San Fran- limited power and influence to sisco, Calif., and Columbus, Ohio. the motion on the part of the Why has bitulithic beca cast out itouncil to decide the question by from such important centers by gets arbitration instead of it carrying of legislatures and municipal ordininto court. ances like a thing accursed a thing that the Strawberry Declaring to bo feared and shunned and to be Lino Canal company bad no High would handled, if at all, like one in the premises, tho mayor, handle red hot coals! The answer right denounced it as a graspis it alleged, is left to your own imagination. ' making an effort to corporation ing Does the Herald know that the the property owners in Hie rob 'tne of Utah has eontractcd for the Spring creek district of their just cement for this Spanish a and legal rights. Ho expressed and other highways and that it price matto determined desire the carry is a definite, fixed quantity, and into court, no matter at what a price that after ter furthermore, expense. thorough investigation, was found to The council, however, with the ie consistent by our state author best interests of the people at heart, ities! How, then, can the cement manti-th- e and on the ground that a settlement facturers prove a factor in the bid- - had been reached with all but Pny-soso eity and one or two others, solding for this work! No more Ihon can the editor of the Herald idly opposed the mayor, and voted or the editor of the Paysonian, for in favor of arbitration. It was not clear to the council that matter. At the same time the cement manufacturers are undoubted-tha- t that it would be wise to involve the lv urgent that concrete road city in heavy expense of court in bo given at least equal consideration order to satisfy a few land owners, with California asphalt bitulithic and among whom it is alleged the mayor other product for com-ou- t i one, and give to them whnt legfor tho j public work of this ally belongs to the Strawberry High poting tbeso pri. state. Lino Canal company, , Mayor Protests Vainly Against Arbitration In Spting Creek Dispute 18-fo- n rooorn-mendatio- n i v y de-fe- Fork-Pnyso- i n e tht vute owners may reap material benat tho expense of tho eity. i; In an effort to bring about an ad"of the of the justment rights eity. Y, and of the Strawberry High Canal company in the - matiar of hpruig creek waters, Leo B. Taylor brought the matter to the attention,; . of the city council last Monday night , ' A suggesting that an amicable orjee ment would be far mor perferoble iliau taking it into court. He said ' however, that an adjustment .must be made at once or a court decision , would bo inevitable. The Strawberry High Lin Canal company expressed a willinguess to submit the matter " to arbitration, but this, apparently, did not moot with the approval of. tho mayor, and no definite action' . . wis taken. Assurance was given by Kail F. Keeler, managing engineer ' for tlio Strawberry High Line Canal company, that ample time would bo given to th0 city to further eotisidor tha matter, and that an opportunity would be given to file nn answer to the suit now ponding, although tho tun for filing had expired. Th only question involved in the matter is that of the ownership of tho increased seepage of wafer from in Spring creek, duo to bringing wnter fsom tho Strawberry valley into the Payson valley. It is declared, on the part of the officials of tho Strawberry High Line Canal company that there is no disposition on the part of tho company to question auy of the rights, either of 'Payson city or of individuals, , that existed prior t0 the bringing in of the water. All who owned water rights on Spring creek or its tributaries have been mmly parties to the suit which was brought several months ago, and a satisfactory settlement has been made wiili all parties expect Payson eity. and one or two private owner. The Strawberry High Line Canal company submitted 8 proposition to Payson eity whereby it would give the city all the increased seepage coming into the Spring Lh pond from the largo basdn which is drains and all tho increased seepage coming ia from Spring "rreekvOn- - the north , efit -' t- liafi' -- 0 (Continued onPag ' ,H' 4 3 |