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Show PAGE DAILY UTAH EIGHT. Ilogi BRIEFS i STATE JOURNAL. TUESDAY, AUGUST 22, 1905. MAYOR ASKS COUNCIL TO assault cost Grand OperaHoij GRANT WATER FRANCHISE Who is Noraf Dr. Coulter, 420 Ecclea Building. When In doubt order Heart Bread PAYS HERGETT BLACKSMITH from your grocer. tf POWERS. HITTING FOR HIS Big reductions In Oxfords again, at Clark's. See the window for the fl.95 As- kind. Walters His Companion, Is the sostod $60 for Disturbing In our Hummer skirts you can see Poses. about. read so often bargains you Clark's. Chief Executive Proposes Complete Capit- ulation and Donation of Peoples Rights To Ogden Water-WorCompany. ks For quality and purity Heart Bread stands second to none. Look for their SouthThe mayor reopened the water ques- dollars und If the city loses In this Before William Hergett, Hie tion last night In s long communica- present suit it will not only have to makes blucksmitlis heler, tf ern Pacific label on each loaf. to tion the council In which he urged pay 335.000, but the costs of litigaassault upon any one lie will that New fall neckwear just arrived, of another body to frame and grant a fran- tion In addition to attorney's fees. In cost him Just 100 chise that would be satisfactory to the view of the fact that the city can the newest and neatest designs; wear- remember that it to break Foster Wardlelgh's Jaw Sun- water company and in return for save 930.000 and get more from the able and washable. Clark's. to the which the latter will remit the 930,000 water compuny direct than it Is posday night. He pleaded guilty due for hydrant rentals and withdraw sible to get from the courts, I would charge of battery in police court this the ault against the city. In other again urgently recommend that the morning anil was fined the amount words he urges a complete abandoncity council pass it franchise, such John Walters, hit com- ment mentioned of the city and Its rights to the as In their Judgment they think le license today to Asa Praney. 20, Plain panion on the night of the unprovoked waterworks company. Municipal own- proper, and submit it to the water City, and Charlotte Eames. IS. Almo. assault, was fined ISO for disturbing ership, the pledges of himself and his company for the acceptance and thus Cassia rounly, Idaho. party, the rights of the cttlsens, the save the 930,000 to Ogden City, tothe jteace. A reimrt was rurenl on the streets request nf the Citizens' company for gether with a reduction of the water bandWith face badly swollen and franchise, everything Is thrown to rentals for the future. this morning that a boy bad made his so that but part of It was visfrom the Slate Industrial aged the winds In the desire to serve the "If the city loses In this law suit. It escape took the stand ible. teleyoung Wardlelgh a but of last The must not only pay the 930,000, but some time the night, school company. mayors adoption and told the story of the assault school to today the most would be must to pay the present wathe continue message suggestion abject phone I was sitting on tha Z. C. M. I steps and that Information so of which forth the rates ter for complete long aa the Bothwell any capitulation brought as night watchman, the report was without foundation In while at my duty city In the world has ever been guilty, contract exists, which la unlimited and talking to two young fellows. As I and the man who makes It should be would have to he determined by the truth. made the remark, It is time to turn off courts as to how long It has the right The rase against Joseph Stumpey, the lights,' two fellows came north on hurled Into utter political oblivion. .As the of case to run. a Tac&rlotlsm," adoption charged with assault and battery, will Washington avenue and passed the stand would recommendation of the "Now, under all of these circumas the In all probability be dismissed, place where we were sitting. After out aa a shameful blot on the record stances. I do not see why the city a has witness signified complaining had made the remark as stated both to come. should engage in this expensive litl willingness to drop the prosecution of of them came back and one of them of the city for generations yet In as bil- gatlon, when It can secure a remitIs full communication The the case if the defendant pays all asked me what I said. I told him to tance of the whole 330,000 and a relows: la D. J. W. costs. The complainant go about his business, but he called on the fire am I the advised that duction of over one-ha- lf 'Gentlemen: W. Thomas of Taylor, me a vile name and then when I told Taylor, father ason to an reduction la a material council and about deemploy was rlly hydrants who struck the by the boy him to go on about his business he sistant to is to It the consumer, by my the water rentals attorney. fendant- The Instrument with which struck me and that Is all I remember opinion that if the city of Ogden de- simply recognising the Bothwell conyoung Taylor was struck Is said to for quite awhile." of tract as It now exists and as the courts sires to defend the have been a heavy mixer used In sauThe defendant, Hergett, was awom the water the rentals that have declared the city must recognise hydrants sage making. and told his version of the affair, city attorney should be given legal or to grant a franchise satisfactory Whsiw is Noraf which in the main agreed with the assistance; but I cannot see any good to the water company and the city testimony of the complaining witness. reason why the city of Ogden should counclL He said: "The concessions offered by the wa continue litigation over the water Man Me and my friend was walking ter company for the settlement of question for the following reasons: down the atreet when this fellow Use-RevolvFirst The United Statee federal thla matter without litigation, have (pointing to Wardlelgh) aald some court has twice decided that the Both-we- ll been no generous that I believe any thing. We walked over to where he contract (which contract is the difference still existing between the was and when he told me to go about under which the present wa- city council and the water company William Prout Craatad Ssnsation at my business he walked toward me end franchise ter company now operates In this can be adjusted satisfactorily if lm Union Dspot Ysstorday and then I hit him." la a valid contract and that the mediate action Is taken. L therefore, Was Finad 95 Today. It looks to me like a rather aggra- city) must live up to It and It has recommend that the city council pass vated and unprovoked assault," said city been twice determined by the same a franchise such aa It deems proper, the Judge, "and while I do not care to court that the city must pay the hy- and submit It to the water company, To the observant spectator In the inflict any unnecessary punishment all drant rentals. In addition to this Og- or adopt amendments to the Bothwell contract the same as It Is now. I becourtroom this morning Judge Mur- work like that must be stopped and den City filed suit for the purposf of on the public etreets must be people lieve It to be of the utmost Importance Both-well phy's decision In the case of Willie having the courts declare the protected In their rights. The fine is to Ogden City that the law suit be sucontract null and void. The Prout charged with a disturbance of $100 or 100 days." topped Immediately between the waas a court re declared of Utah preme the peace, was a peculiar one to say When John Walters, the companion suit of this suit that the Bnthwell ter company and the city. the least. Yesterday In the Union of Hergett, was arraigned in court contract was a valid contract and dis"The differences between the water became of a his pal depot Prout and he pleaded guilty to yesterday and the city council are so company missed the city's action at the city's Involved in a heated argument in the charge of disturbing the peace, and mall either side could afford to that of dollars waiting-rooDuring the quarrel the case was postponed. Before as expense. Many thousands to settle this question. The wagive away In the been have spent litigating there was a flash of burnished steel sesslng a fine In hie case today the does not like litigawater company conclusion of at ter and the question and by the time Officer Oren Hadlock Judge had Officer Malone tell the story more the mayor does tion than any each suit the city paid the hills and had arrived upon the scene a large of the affair. While Walters owners of In the water comthe fact, revolver was lying on the floor be- along with Hergett he did not make received the decision that the present are the taxpayers in pany largest Bothwell contract the franchise, vis., tween the two men. An attempt had any attempt to strike either Van Pat- was a lawful and valid contract, and Ogden, and as one of them stated, that been made by- one of the two to use ten or young Wardlelgh, but put up this has been so declared, both by the as taxpayers they have to help pay the gun, but It had been knocked a "mild resistance" to the officer, supreme court of Utah as well as the the litigation on the citys side and spinning out of his hand before he defendant aald: ' federal court nf the United States, pay all of the litigation on the water could do so. When the revolver was " I was surprised at my friend hitand that being the case, I can see no companys aide, and for that reason picked up from the floor It was found ting him so quick, as I did not have good reason why we should again test they want peace. The only reason to be loaded In every chamber with any intention of fighting.' Bothwell why the water company makes any the trigger half cocked. The affair Walters paid hie fine and Hergett the validity of the courts same and concessions whatever. Is to have the happened Justprevioua to the depar- will square with the authorities be- contract before the same whom before the the matter adjusted satisfactorily and perJudges, ture of several trains and the waiting fore this evening. manently, eo the Improvements can were suits tried. previous room was filled with men, women and he made, water mains extended and is claimed by some that In view children. And in the court this morn- ALWARE ca of "It ointment of water rights secured. the fact that the city council pass ing this man Prout, who admitted to TARRH THAT CONTAIN MERCURf "I for this communication the ask ed ordinance an the reducing hydrant the officer that he was quarreling over earnest consideration, councils city we a case that better have rentals, the dlvy" gotten from an easy mark neri'iirv will surely destroy tnr to be my duty at this It This simply questions believing In Balt lake City, was fined 15, the -- nee of mH ird nompletelv dernng than before. of the water litigaperiod the Bothwell contract again, which important be whole system when enterlna regulation plain drunk fine. to make one council to Kiirh the court has tion ask the surfaces. the mitco'is hnveh declared to be already William Thompson, John Davis, Joe never he used except a 'rtlcle more effort to adjust the difficulty contract. good Smith and Frank Gravea tailed to put 'n nrescrlpMon from reputable phjrid law suits." "The said John R. Bothwell con- without In an appearance to answer to the ns the damage they will do " a; A A.. .1 tv .4. V a tract say the water rates shall not charge of violating the bicycle ordi- tenfold the good you can possibly deBorne discussion followed the prethem. Catarrh the from exceed Cure, rive Halls attached schedule,' whtch nance and forefelted the $1 each which F. J. Cheney A Co leaves It to the water company to en tatlon of the communication. manufactured by they had up as bond. Toledo. O., contains no mercury and Councilman Davidson desired that It J. Williams, Bert Pierce and O. L. s taken Internally, acting directly make the price of the water rentals be referred to the law committee. ao long as It doea not exceed the aald Dunham were each lined 95 for drunktyn the bloorl and mucous surface Councilman Craig did not oppose In Hall's schedule. (,a attached the system. buying enness. sure wished he th but get It emended so that gen Core this, Th vo' believe rentals I the are hydrant Ira Otis, charged with vagrancy, enIne. It Is taken Interim lly and mnii- committee could frame an ordinthe too to hesitate before I go high, yet tered a plea of not guilty, and his in Toledo. Ohio, by F. J. Cheney the federal court the third time on ance for presentation at next meeting. case was continued. He Is the man 'n Testimonials free. Councilman Nye objected to it goImi-tl7Rc the same proposition, when the only Sold hv druggists. Price. per upon whom was found s lady's gold to the law committee unless the la ing difference ordinance the passed by watch alleged to have been stolen from Take Hill's Family Pills for was In earnest In Its desire to council the Bothwell Ogden City changing Salt Lake City. franchise. The time for the a contract without the consent nf the grant Mary Anderson failed to appear to to answer the company's comwater company. city YOUR MONEY BACK. answer to a charge of prostitution and 12, but furexpired water September "Second plaint The company has RICHARDSON A GRANT. forfeited the regulation amount of IS. informed the mayor and city council ther time could he obtained If the that they are anxious to make large company waa aura of obtaining a Improvements and exatend the water franchise. He also thought that a remains, If the city would live up to port should be made on the proposed FORGET. the Bothwell contract as the su- CitlsenS franchise. Davidson said he preme court of Utah and the federal Councilman court of the United 8tates says the though that the Waterworks company city must do; or If the city does not and the Citizens company should be want the Bothwell contract to con- granted duplicate franchisee: but he OWN AND OPERATE tinue, the water company people are knew that the people of Ogden were willing to consent to Its cancellation, opposed to granting the old company if a franchise le granted them to take the franchise It desired. Councilman Nye then offered an the place of the Bothwell contract amendment that the communication will if the either and city recognise You ean save money, time and worry by placing with to be the law committee, and referred Bothwell or contract the them grant This the them your "aye business." departmsnt enjoys a new franchise, the water company that the water company be asked to same good rsputatlon our othsr dspartmants have. Good will voluntarily relinquish the 330,000 extend the time for answering the spactaclsa apoelally fitted to the eye, $1. 00 and up,. Nothnow claimed by them for hydrant ren- complaint for ten days. 14-k ing above kept in stock. This is for tho beat Councilman Davidson accepted the tals. also reduce the hydrant rentals goods. to a price fully aa low aa we could amendment, and all the members present voted In favor of It expect the federal court to grant "The litigation oa this subject has And thus the matter was disposed cost the rlty of Ogden thousands of of temporarily. new tea with a new flavor Golden Gate Ceylon Tea. Grown In a new tea district the sunny uplands of Ceylon. The county clerk Issued a marriage A thdfy Attempted to er ' - - PRICES 25c, 50c, 75c and $1.00 the North Ogdenltez and in violate of the restraining order. The irrigators of the lower nfle hold that they are entitled to a RRIGATOBS ARE second feet of water and that tbs only have been receiving obout 10 m ond feet of water. They maintain tti through the lack of irrigation the crops are being injured and wlthfe MESSRRS. CHAMBERS, HILL AND few days will be reparably FERRIN IN THE TOIL8. Besides the fine unfi Imprisonment th the North Ogdenltea desire imp upon the trio, they also desire that Charged With Violating Restraining sqm of money sufficient to Order and Will Have to Giva Bail the plaintiffs shall be paid by then For Their Appearance. i I Colored Womans Complication succeeds complication in the famous water dispute between the people of North Ogden district and the Edenltee, the latest development being the Issuance of a warrant of arrest for , William Chambers, Arthur Ferrln and Edwin Hill, three Irrigators of the latter district, who are alleged to have violated the restrain Ing order Issued by Judge Howell on The warrant, which la Judge Armstrong, provides that the defendants shall be placed under arrest and token before a Justice of the peace, where they must give ball of 3100 each to Insure their appearance before Judge Howell on Aug. 25 to answer to the charge of contempt of court Sheriff Bailey left at noon today to arrest the parties and he will arraign them before Justice Shupe of Eden. The warrants were obtained In Salt Lake yesterday afternoon and the par- August signed 1st. ty ties to the actions are the North Ogden Irrigation company vs. George A. Fuller et al., and Francis and Thomas Clarke and Joseph Carver vs. North Ogden Irrigation company et al. The application for the warrants and the affidavits are signed by Nathaniel Clever Tori S. J. Thomas Is Robbed at Salt - of $85 end Woman end Companion Arrostod Hors. Lain About 2 oclock this morning Sergeant Pin cock and the local pofa force arrested two eolored peopk, Bertha Thomas, and her hutbul, Jesse, upon a charge of robbery, nog were located upon a description tarnished by the Salt Lake pollct. department. When searched at the itattoi 3165.50 was found on the man. It la claimed that the colored woman accosted a traveling mis by the name of 8. J. Thomas at the corner of Third South and State etraeti hd night and while talking to him hilly abstracted 385 from his tamer est pocket without arousing the suqfcfsr of the victim In the least Brno several minutes before Thomai b covered his loss. While he was reporting the mans to the police the woman and a mb companion were packing their dolbe for a getaway out of the dtly. Tbff boarded the 11:45 Oregon Short Urn train out of Salt Lake, having in tkdr possession tickets for Portland. deparge&nt Hempel learned of the drip t making while ture of the pair of the colored qmrte net clean-u- p Montgomery. The application sets forth that Mean. Hill, Chambers and Ferrln took water out of Spring creek by means with the result that Ogden was ciBel of a ditch, wilfully an intentionally up by telephone and the pair tontal diverting the same from the use of as they stepped off the train. ed for An Excellent Opportunity 'nn Ladies Ladies' Shirt Shirt Waists Waists e. it We must have the space on the shelves for our new and have placed all the dainty cotton summerisms on the just DONT J. S. Lewis & Co., Jewelers A Large Optical Dept. 97-0- j One-Thi- rd : & CO., Opticians jt of Former Price , vhiti Theae Include fancy embroidery and n and lawns, and all pretty colored lawns. They are the e latest styles and the prices at which they sell should lace-trimm- ed There are still several pretty styles and colors, Including white, In our line of 8L25 and 31.50 walata, selling at 0 J. S. LEmS 1 WRIGHTS t 95c |