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Show IT IS AGREED TO. The Compromise iii the Big Utah Lake Suit. PLAINTIFFS PAY COSTS. A.n Arbitration Committee ' Appointed to Adjust Damages Sustained by Defendants Defend-ants by Past Overflows of the Lake One Point Only Remains to be Litigated Particulars of the Compromise. Yesterday afternoon about 4 o'clock the First District court resumed session and a stipulation in the case of Salt Lake city et al vs. J. H. Colledge et al was read and entered upon the minutes. min-utes. The stipulation provides that the point spoken of as low water mark in the contract of 1885 shall be a point seven feet and nine and one-half inches below the top of the Lehi monument monu-ment in Utah lake, (above this point the plaintiffs are entitled by thf contract con-tract of 1885 to raise the water 39 inches). in-ches). The stipulation furihei provides pro-vides tfiat a survey shall be made at the expense of the plaintirrs and that a monument to designate the point above agreed upon, Bhall be erected and maintained by plaintiffs at some place between one mile north and five miles south of the mouth of Provo river. This stipulation is looked upon by Utah people as being decidedly in their favor in that the Salt Lake people have conceeded to them more than two inches while the Salt Lake people seem to think they have "gouged" the Utah county people about an inch. Une thing positive is that the Sait Lake people have consented to lower the Lehi mark just one and two-tenths inches. The new permanent low water mark will be established some wiiere i the vicinity of whe Mad-sen's Mad-sen's monument now is. The falt Lake people think the new survey will lower that mark an inch or more, while the Utah cointy people are equally convinced con-vinced that the point will be raised. The whole matter as to this latter point hinges on thia: The Salt Lake people have run surveys on the supposition that the surface of Utah lake is per fectly level, as high at the north end as at the south, while the Provo engineers en-gineers claim to have proven by accurate accur-ate tests that the water is at leat four inches higher here than at Lehi. And this latter would seem correct, for it is a fact that Utah lake is a flowing flow-ing body of water, an expanded ex-panded river only. If it should prove that the water is higher at this end than at the outlet the Utah county parties have the best end of the compromise, com-promise, if the surface should prove to be exactly level, the Salt Lake parties have slightly got the best of us. After the stipulation had been recorded re-corded another recess was takerftill 7 o'clock to give the parties time for further consideration of the questions which they were trying to compromise. At 7 o'clock they were not ready; but about 8 o'clock they had agreed upon another compromise and stipulation setting forth the agreement were entered en-tered upon the records In the case. This stipulation is to the effect that thf claims of the defendants for dam ages, sustained through overflow of water from Utah Lake, are to be submitted sub-mitted to a committee consisting of Joseph E. Taylor of Salt Lake city, Amos D. Hold away of Provo city, and Lewis AY. Shurtliff of Ogden city, within fifteen days. This committee will pass upon the claims and report to the court. Upon approval of the report of the referees, or ? majority ma-jority of them, and satisfaction of damages awarded, if any, the plaintiffs plain-tiffs are entitled to an injunction as prayed for on the complaint, enjoining defendants from bringing actions for past damages. George T Peay is excluded ex-cluded from the terms of the stipulation, stipula-tion, for the reason that hi3 case for damages is now pending in the supreme eourt. By consent of all the attorneys, further hearing of the case was then continued till the loth of a pril. The only point now left for the adjudication of the court is whether plaintiffs are entitled to maintain twenty-two inches of plank In the bottom of the dam in Jordan riyer. They claim that they are, for the reason that they have removed re-moved natural obstructions from the bed of the river above the dam, which natural obstructions would stop the flow of the water to the same extent that the twenty-two inches of plank obstruct it. This is denied by the defendants, de-fendants, and it is not probabla that any compromise can be effected on this point. OTHER BUSINESS. R. S. Hines vb, James T. Liddiard et al. Decree of foreclosure granted for $187.50, $18.75 attorney's fee, and costs. The proceedings aeainst Attorney Veatch brought by Reporter Pike were again continued, this time till Monday. Mon-day. Johnathan Buckley vb. Provo City. Defendant's motion for judgment for $10.00 and costs up to time of tender of money in commissioner's court on pleadings, was argued and overruled. The case will come on regularly for bearing with the other civil cases. |