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M T ' r r Vol 2 Richfield No 12 Professional and Business Cards vs 0 L Firm O W tolling 8TEWABT and COLLINS ' Attorneys at Law The B Entered— iNJucnoNbEiiveo -WAn Suit The Firm Can’t Dio For Water-Ci- ty Claims Title to Over Three Richfield E E IfpFFMANN Second Law Will practice in all the Courts State Attorney at Blcck Office Enee JtICITFIELD- - UTAH Wwtum'y Judijo L Drown M ui crown wAilwe Attorneys at Law ioOMS— Wr-hii- t Block Richfield TTtfih Will practice In nil the nnrt Fed Comm-rclLand and Corporation &L1 Feet IntheSixth Judicial District Court Comity of Sevier State of Utah The City ot Richfield a muni- find Federal Plaintiff cipal corporation vs William J Bean Samuel G Clark and Jacob M Lauritzen partners as Bean Clark & Lauritzen Defendants COMPLAINT eourt-LPtat- nl Solicited Plaintiff Comflains JOSEPH ECKEliSLEY Attorney at Law r County Attorney for Wayne Count v £oa uTAn M W MANSriELI) the times hereinafter mentioned plaintiff was and is now a municipal corporation organized and existing by virtue of its charter a grant by the then territory now state of Utah in the year 1878 abid within Its corporate limits Is embraced a large area of land 2 That defendants are ganized for the purpose aud business digging excavating tunneling and sinking for water and renting leasing and disposing of tlie same and to Notary Public ftlURBER ' ' G Utah II HERBERT Physician and Surgeon f Office at Floneer Drug Store Richfield utah OR M B r SHIPP ' " Physician and Surgeon ’ Office and residence at the bottom through the Sevier Valley in Utah : Dentist f Building1 RICHFIELD to ' 4 the Sevier River That prior to the granting of the aforesaid charter constituting plaintiff ’ DR E SMITH Anderton continue for a period of fifty years 3 That within the coroprate limit1 ofsaid City and in the Northwest por tion thereof at the base of the moun' tain Is situated wtiat Is known as the ‘City Spring’ the waters of which spring come from well defined subterranean water courses and from which flows a large column of water into a water course with banks sides atd Kentucky House JMonroe and Alleges: in aji operating under the firm name send style of Bean Clarkc & Lauritzen or Lawyer DR That 1 UTAH f a body corporate there were Inhabitants living upon the lands embraced within its corporate limits who bad appropriated all the waters flowing in water the afpresald subterranean i courses and had a common outlet in Midwifery and General Can of the Sick the aforesaid “City Spring” amountof 3203 cubic feet per flow a to ing RICHFIELD UTAn the same second and had dive-te- d FLORENCE ALLRED from the original channel by means of a dam placed therein and ditches leadLicensed Obstetrician Rooms at Mr Peters across the street ing therefrom conducting all the waters thereoQ upon the lands of said insouth of the p Store habitants both within and without nOMER McCAliTY said corporate limits and h id used said waters for culinary and domestic purU S Deputy poses and In the irrigation and growMINED L S UR VE YOB ing of valuable crops and orchards and NOTARY PUBLIC thereon and said inhabitants had acMONROE UTAH quired absolute and vested rights to all of said “City Spring” water both THE WRIGHT HOUSE in its subterranean and open channels i N H ST JOHN MRS Co-o- I IK Wright Proprietor First Clast in Every Way t k Terms Reasonable Richfield which rights were never questioned or lost to them That pursuant to the provisions 5 - Utah jensen Hotel of Section 10 of the aforesaid charter granting to plaintiff the right to control and regulate the water of said City subject to vested rights plaintiff (with the consent and permission of the owners of said waters) took pos- session of said waters and water courses and did assume the absolute and Newly equipped with all comforts Grain exclusive ownership and control of aud hay alwaya kept Good staples for Seams and proceeded to regulate said waters ’'Utah Elsinore "MY OLD KENTUCKY HOME If you believe in Silver 18 to 1 find good bedi that invite to leep and pleasant dreams good jfood meals Books A Magazines and Daily Papers hospitality that makes you feel at liirne with a Sample Room oil Main street1 go to THE KENTUCKY HOUSE Conroe Sevier Co Utah D L Day jHouse Sign S& Orna- mental Painter Grain-- 3r Paper Hanger and Decorator RICHFIELD UTAH subject to the vested rights of the In- habitants of said City and those entitled thereto and by its ordinances passed on January 19th 1881 and on November 3rd 1882 formally assumed absolute and exclusive control and ownership of the aforesaid waters and water courses in words as follows: “Be It ordained by the City Council of the City of Richfield that all the water of the spring which now sup piles the City with water lg hereby placed under the control of the City water master” “Be it ordained the City Council of the City of Richfield that the cor soration claims and hereby ‘assumes the exclusive right to the control and direction of use of all the waters of the Richfield Springs flowing into or arising within the corporation” and has ever since up to about the 22nd by UtahC'iday July 2nd January 1897 owned and CQfK troled said water and water course and ddes now own and control all oj the aforesaid waters and water course and canals and ditches conducting said waters into said City except hereinafter set forth 6 That the lands' Upon which tb aforesaid paters bate been used wefp arid lands and would not produce crops or grow trees or vegitables with our irrigation but by Irrigation valu able! crops ot hay grain and cereals-havbeen raised upon said lands eiifch and every year since the yeer 1864 and vines shrubbery and valuable orchards fruit shade and ornamental trees have been grown upon the aforesaid lands by means tf t ho aforesaid wafers applied thereto in Irrigation thereof and valuable homes have been made and the City has grown In wealth and in population now numbering near two thousand souls that there is not sufficient water coming from said sub terrancan water course and “City Spring” if economically and carefully managed to supply the needs of the inhabitants of said Ofty and adjacent land owners having vested rights 'therein and that said City has no lother s’eurse of water supply 7 That defendants pursuant to (their common design on or about the month of June A D I6iw began ex icavating and digging upon certain land at tljattime owned by defendant ‘Bean and pow'bWned by said partner ship adjacent to the aferesaid water (courses and City Spring and to the North thereof a distance cf about one nundred yards i n the Northwest Quarter of the Northeast Quarter of (Section Twenty-SiTownship Twenty-thre- e ’South Raage Three West Salt Lake Meridian Sevier County Utah and continued to dig and excavate thereon until on or about the 22nd day of Jan uary J897 when defendants by digging tapped the aforesaid well defined subterranean water course which forms the afpresald Spring and tapped the stream of water flowing therefrom said Cty at a point about one hund red yards North of said City Spring in the Northwest 1 or the Northeast i of Section 26 Township 23 South Range 3 West Salt Lake Meridian Sevier and caused to County Utah and drew flow therefrom a considerable portion of the water heretofore owned and controled by plaintiff for Its inbabi (ants that prior to the commence mentofsaid work plaintiff informed defendants that they must Dot In any manner interfere with or diminish plaintiff’s aforesaid waters in Its subterranean chaanel and that the work so prosecuted by defendats should be at defendants’ peril and that immediately upon the taking of plaintiff's waters as aforesaid be defendants plaintiff informed defendants i that they had so ta’ren plaintiff’s water and demanded of them that they desist from so taking plaint iff's said water and that they place a dam in the aforesaid excavation by which excavation defendants conduct said water out of plaintiff's water courses and convert the same to their own use and demand ed that defendants turn the stream so taken into the original subterranean channel that since said time and i x in-It- o i against the protests of plaintiff defendants have continued to enlarge and deepen their canals and ditches and on or about th 25th day of June A D 1897 defendants again tapped the aforesaid subterranean channel or water course and diverted therefrom and deprived this plaintiff a considerable portion of the' waters flowing therein and appropriated the same to their own yac to plaintiff’s damage in the sum of 92000 8 1897 A clay of The City of Richfield - J Stewart 1 outhSrn Censor TT1 That plaintiff nas repeatedly re- $150 A 1 1 i Year take an additional amount of plaintiHOW’S THIS? A SAD MONDAY ff’s said waters and plaintiff states We offer One Hundred Dollars ReTwo Girls Killed on Monday upon information and belief that deward for any case of Catarrh that caa Afternoon fendants will carry out said threats not be cured by nail’s Catarrh Cure Last Monday was saddened by two and continue to wrongfully hold and F J CHENEY & CO Props To divert said waters so taken by them accidents in Sevier county and as a ledo O two dearly loved daughters are and will continue to wrongfully exca- result We the undersigned have knowh ft vate and dig for and wrongfully take sleeping beneath two mouuds of earth J Cheney for the last 13 years and! V& On Monday afternoon about 5:30 and divert an addltlobdl ammlnt of 1b Jean Barber who came to Gleflwood lieve him perfectly honorable plaintiff's said waters and will so conbusiness transactions and financially tinue Until they divert and take from last tall climbed to the top of the made house and by sbme means lost her able to carry out any obligations plaintiff all of its said waters as aforefirm by their said unless restrained by an order of footing and fell to the ground strikWest &Tkuax Wholesale Druggist this CbUrt That If said defendants ing on her bead cutting a triangular O Waldino Kinnan & MarToledo execute said threats and continue to gash over two inches long She was vin Wholesale Druggists Toledcf 90 wrongfully as dforesUid divert and picked up in an unconcious condition Dr Ohio take Said waters or any part thereof from which She hever recovered interCuro is Ilali’a taken Catarrh West was called and tried all means of plaintiffs’ damages will bd Irreparable the blooa saving her but to no avail ' Next nally acting directly upon by action at law Tor damages: and mucous surfaces of the system" 9 Tliat in digging and excavating morning Dr Herbert was sent for to Price 7Cc per bottle Sold by all Drug a consultation but ere he arrived the aforesaid canals and ditches de- hold ' Testimonials free gists fendants bate piled up large quanti- she was dead Her funeral was held Hall’s Family Pills are the £et ties of earth in uneven and irregular on Wednesday at 10 a m The Simpers family live in Salina Fifth North Street hapes in ii and often come down to Salina canyon f plaintiff City which Rtreet is a NOTICE to see friends etc at stores the tratje owned street and public by plaintiff Notice i9 hereby given to whom it is traveled by the public and have On Monday Mrs Simpers and her may concern that a stockholders meet daughter started dowD thereby greatly and for a considerable Ing of the Wells Irrigation Canal Cp town on horse-bacWhile going up length of time wholly impeded and obvill be held on Wednesday the 21s structed public travel thereon and a steep place the little girl's horse fell day of July 1897 at 2 o'clock p m flj that the said street is now unsafe and onto her and she died almost instant- the Relief Society Hall Joseph Sevlei dangerous to travel upon and that ly Her corpse was taken tq Salina Co State of Utah for tlie purpose of said obstructions were- so placed and and tyfing so badly mangled was bur amending the Articles of lDrorpoiai done without right and against the ried next morning tion (or agreement) and By Laws of protest of this plaintiff and to plaintisaid Company so as to permit aud ff's damage in the sum of $1000 (One Probably the largest trout ever authorize said company to purchase or Thousand Dollar) That Iq digging caught In the State was on exhibition subscribe for stock in oilier corporaland excavating as aforesaid defend- today at Howe’s grocery store It tions now organized or hereafter to b ants dug up and cut large and danger- weighed 9J pounds dressed was 2&i organized for the purpose of purchasous channels through the aforesaid Inches bug) and 16 inches in circuming or maintaining and stoilng water street contjnguous to theij aforesaid ference' John McCullough a boy for irrigation purposes and to transact excavations which street Is owned nine or ten years old caught it in the such other matters of business as may and controled by plaintiff which mill race with a hook and line The properly come before the meeting :v trenchs or channels was dug as afore finny giant1 pulled the boy up and A full attendance is requested by said without right and against the down the stream but the little sportsorder of the Board protest of plaintiff and defe ndapts re- man finally shoved bis pole through James II Wells President fused us on demand of plaintiff to fill the giant’s gills and landed him It Levi II Jackman Secretary the same up and plaintiff was compel- looked more like a salmon than one of First publication June 25th led to and did fill up said channel at a our native trout and attracted crowds cost in money and ' labor of 923 to of sportsman all day long— Enquirer WHICH’R plaintiff's damage in tbfe sum of 9100 : ' THE BESTDAMMADE- Wherefore plaintiff prays that Three grown buffaloes two males The “Witcher Portable Dam” pat: plaintiff be adjudged to be the owner and a female: and two yearlings' are at of and entitled to control all ented by P S Witcher of Salt Lake the Union stockyards and will be shipof said subterranean channels and and sold exclusively by ourselves in to England ped They are the pro- Utah and said City Springs and that defendIdaho saves your Money' perty of the Island Improvement comants and each of them their servants Labor Time and Tools effectually pany and come from Antelope island Dams water m any ditch up to Eight jigents and employes and each of the scene of last winter’s remarkablo be Feet in Two miDutes sent out on perpetually enjoined and re- buffalo (hem hunt There will be another strained from in any manner trial Price $350" Agents wanted in Curiosity at the yards on Thursday In wlth the waters of said subevery town in Utah and Idaho terranean channels and City Spring the form of an Aztec horse thirty-siDon’t forget RED TAG inches high and weighing 290 pounds Incidentally or any portion thereof and that they PLYMOUTH TWINE Champion caught in Arizona by Ed Wetzel and j)0 required to turn the water so diW A Wood Harvesting MachinJack Killian— Wednesday’s Tribune and verted and taken by them into the Binders Reapers and ery Mowers Rakes J I Case Threshers Horse qriginal channel at the point of said A fourteen year old baby of John Powers diversion and that during the y Engines of this action defendants and Dearing of Sugar nouse was killed Stock of Binding Twine carried at each of them their agents servants on Monday by swallowing lye American Fork Spanish Fork Nephl be and restrainenjoined qnd employes Mantl Price In addition to regular Raising Geese for Market ed from doing or any of the aforesaid If the flock of geeae is given a grass Houses for convenience of Patrons acts and for damages) in the sum of plat It will be all that they will require WAGON & In winter however should have a three Thousand One Hundred ($3100) mess of ground foodthey once a day Old MACHINE CO LEADING IMPLEDollars and for such other and furthgeese do not sell in market and it is a MENT DEALERS UTAH AND er relief as may be just and equitable waste of time and money to attempt to IDAHO so dispose of them Keep the old ones and that defendants pay the costs of for GEO T ODELL Gen Mgr v breeding purposes as they will be serviceable for from ten to twenty-yearthli action and sell the young ones One One Result ot High Feeding ' Stewart & Collins gander may be kept with two geese When streaks of blood occur in eggs ft There is also a fair profit in feathers Is a Attorneys for Plaintiff is amiss with: ' The Embden gander and Toulouse the sign that something of the fowl " State of rTtah: ) organs geese produce excellent offspring for and it will be found S: S that the faulty market of Sevier: ) County eggs are all laid by the samq fowl They should beconfined for a time fed spar- Emil ClirtstoireriOn Theo Brandly beShoes made to order Promptly after ingly ota herd corn so as to check the measurement ing first duly sworn says he is the production of the eggs It may bftthat “ A large assortme nt of confectioner les med matters will right themselves under this Mayo of the City of Richfield a muni lclhes stationery and notions treatment but nothing more can bcf cipal corporation and that be makes Call and See Our Fine Line o r Cigars done It Is probable that the blood spotei this verification on behalf of and for are the outcome of high feeding— DaElsinore Utah kota Field and Farm said City that he has read the foregoing complaint and knows the contents thereof except as to matters therein alleged upon information and belief and that be believes such alleA gations to be true Theo Brandley ‘ It in Qf Subscribed in my presence and There is always one thing to he remembered in business that sworn to before me this 28th day of you never lose June A D 1897 anything by dealing with the tried and trusted Ever since 1871 the Richfield has been C W Collins Notary Public C(Hp doing business in Richfield It has never been found wanting in its treatment of the public It has (Seal) always had nothing but substantial articles on Its shelves and still has a supply of the same I -- and-upo- n i eight-year-ol- d k Vv "i n j the-Wat-'e- inter-ferela- g x ' pend-denc- quested defendants to cease diverting said waters as aforesaid which defendants refused to do and still refuse to do and defendants threaten to continue 15000 Christian Endeavorers will be to hold said water and divert the same from said chaanel so wrongfully taken in Salt Lake on Sunday and several churches will be temporarily used as by them and threaten to continue to excavato arfd dig for' and unlawfully restaurants to accomodate them i s ig -- ‘ Change Not An Old Friend Maxim That Holds Goodin Friendships Is Great Value Business Better Summer Goods can not be found in the County v i EICHFIEL1) CO-O- P ESTABLISHED 1871- - Theo Brandley Agent f r- K A A --J i :v |
