| Show V A TER IN STORMY SESSION Democrats Rebuke City Attorney Ator- Ator ney hey for Attacking City's Water Rights CLAIM PUBLICITY IS BAD Admit v Suits Purchased hut But Contend Arbitration Decree Will IlI m Settle ThemI Them I J believe belco we 0 are nl doing an Injustice to 10 this city and what we wo are now do do- Jog is iR Inimical to Its is Interests What we are arc doing Is not In the Interest of oC Salt Lake o City nor of oC getting wa cr To gt get t tho the water and go at it i In a business busi busl- ness like wa way without all al this fus fuss an and publicity Is the tho way to got It f. f The ct city's s legal l department should be authorized authorized au au- au- au to go ahead anti and anI get the tho water wat wat- er Cr the problem that faces aces us It I should not be bc a n matter mater of so much publicity bringing contumely and critIcism criticism crit erit- when It i Is only the city's good we wo should houll consider Councilman Wells Vels at last nights night's meeting of ot the water committee of or the cl city counci council which considered a re report report report re- re port from the city I attorney as to the city's cl'S rights in the waters of ot Big Bg Cottonwood Cot- Cot creek made the tho foregoing re remarks le- le re- re marls marks of after tel the meeting had pro- pro grossed In a stormy session for fOI somo some hours homs There Thero were ere recriminations I and and anti u a tossing of or accusations s anti and innuendoes from one to the theother theother theother I other of oC the tIme members of oC the commit commit- lee tee members of the ol old council counci which negotiated the purchase and anti from the city's legal department department The trend tent o of the debate debase It I appear apper ap ap- ap- ap pear per that the tho city ly attorneys attorney's olce questioning the city's rights In tho the water had taken the matter mater Into the public print before mal making an nn Investigation hives hives- s In that brought out facts acts proving po that the rights could be secure secured were the they proper properly looked for and but for forthe tho the eagerness of Councilman Fernstrom Fern- Fern strom to set E the of or the ol old council counci aright night so to 10 far as a. could be done llone the quibbling might have continued for fOI some som hours longer longel As It i was owing to the absence of or torne Attorney F. F 5 S. S Richards employed h by bythe bythe the city as special attorney to negotiate negotiate nero nero- tale for tor the waters the committee adjourned to meet again when 1 Mr Richards could be called caled before the committee to explain such matters as w Ing were e not straightened out last lat even- even Councilmen Mulvey Davis Martin and Tuddenham of the committee were present ODonnell O'Donnell ODonnel the other member being absent from the city Ferry I Coiled Called for Report The reading of ot the Ferry resolution Introduced at at at las has In t i Monday n nights night's meeting of the council counci cal calling ng for a n r report ort from the city attorney as to tho the legal Cal status of the cf city in the waters of tho tho BIg Bis Bg Cottonwood precipitated d the Ir In rep rp i l t. t from Chair Chair- p Mr lr P o It l his hiss s sin in ln introducing th resolution I Iwas was to learn JUSt where the city stood an and that the resolution ha had been Intro Introduced introduced In- In tro on request of th the legal department department de tie- of or the elt city City Attorney Ogden nies lilies when asked for fOl an explanation stated that the resolution seemed eeme to Imply some uncertainty as to what the tho water supply supply supply sup sup- ply of the tho city was wa un under er the contracts with wih the owners of the waters water of or Big Bg Cottonwood The contracts he stated conveyed certain Interests but just what hat those Interests were ho was unable unable un un- un- un able to state as the contracts were Indefinite In that the they did not oot specify th the amount of water the tho city should hould re receive ive being worded to read that 11 II 1 was entitled to all al portions of the tIme waters waters waters wat wat- ers owne owned by IW the grantors He lie had been unable to find flud army any memoranda a or statements statement as to the exact meaning mean mean- lug ing of or the clause cause hence could coul not legal legally say Just what proportion of the waters vater belonged to the city He Tic thought probably Mr Richards might have such memoranda a but ho could not tell teU In the absence oE of that genteman gentleman gen gen- teman ju Jut just t where the el city stood He lie Hernad Herpa read the tIme contracts from the grantors the Big Ditch company compan the lull Hill lUl ditch and the Lower canal Asked by Fernstrom If It that was the only objection or the tho only question queston affecting the water rights of the city lilies Hies replied that the contract was vas one one- sided one anti and and that was the main objection ob ob- ob- ob He lie wanted to know what water was wa conveyed ed b by the contracts read the court records showing how the matter had been arbitrated arbitrated arbitrated ar ar- ar- ar between the respective owners owners owners own own- ers of the ditches back baek In 1880 The district cout court record of or November 29 1880 demonstrated that the county commissioners had hal mat Eat t as a board of arbitration to listen to water claims By ny unanimous agreement of all an water owners owner the award was as follows lUg Big Bg Ditch was wn as entitled to nineteen and 4 tenths six tenths sixtieths of or tho the stream from January to June After June It was W entitled to one twenty one and tenths six-tenths sixtieths The he Hill Hi ditch dich was entitled l to two ant and tenths six-tenths sixtieths from January to June and of after tel June to two and d tenths eight sixtieths The Lower canal was entitled to five fe and six six- tenths sixtieths from January to June Juno and after June to six and tenth one tenth one sixtieths of o the tho water h Why Figures Sot Not ot in iii Contract lilies Why lIlies Why were those figures not In not the contract t The Fernstrom-The The deeds did dia not state ili that b because cuse there may be a dispute sUte as to the matter mater later The lilies The Hies-The The contracts dont don't state how much water the grantors convoy convey Fernstrom We Fernstrom-We We We didn't want to put nut it I In because they wouldn't give a warranty deed to anything that might be dis Cia rio ted Tuddenham arc are two sixtieths in dispute he between tween the H Big Ditch people Then lilies Then what Is the objection to having In hi the contract how much they the convey Fernstrom Ve Fernstrom We wanted It stat stated d but bu the farmers farers objected They The said If I wo we were not nol satisfied with wih It i wo we needn't take It f. f Wells Vena Tuddenham Dinnin and Fernstrom Fernstrom Fern Fern- strom engaged In a wordy wrangle for a a few ew moments over the Question Queston of- of ortho the tho amount not stated staled In the tho contract the Democratic members that It I could not be done but that tho the contract was specific enough grew crew particularly warm and repudiated the Insinuations that he ho thought hart had been cast on tho the heal leal department de do- He lie wanted to know If 1 there thee hadn't been disputes between other water users as to their rights and aDd ownership Fernstrom that tha he ho had heard hear of or none but that In the El Big Ditch Then Then why wasn't the tho city's portion Included In the contract Fernstrom Because the farmers farmer wouldn't defend law suits Must II Fight ht v Ia Suits Stilts Dinnin Jumped at the tho admission The rho cl city then must fight the law suits that these people are arc turning over o er to us It I seems to me that they should be the time ones onesto onesto onesto to do that Wells Wels Tuddenham and Fernstrom again sprang pran to time the defense o of or their lieu thel n claiming that It I was tin the only wa way In which time tho cl city could get et al any auty rights to tho the water waler Fernstrom was In favor Cavor of or thin cl city engineer measuring the tho water of or the HIP crock creek rc k and apportioning that belonging to the city but was waN against It maintaining mt thru that the time city eit I could coull not measure meas ure the water to other I people leopIe and anI brin ln h un UI a law ulu ulL om assumed that tho the district courts court's rights wore were mens men's right Road the time decree and you'll ou find out he hurled at Dinninny Davis I Interjected a Question Queston In r regard arl to lo the Walker alker claim to some somo mo of or th the 3 wa wa- ter tN Fernstrom In reply stated that Walker alker N had a as much clam as ns hn ho ever had hal aJ and In itt reply renly to Dinninny's rel repented repeated assertion that the had conveyed nothing to the cH city r road read a nn an from rota the city's cHy's contract with wih ho bo Salt Sal Lake and tl Jordan canal which he lie maintained main main- tamed ha had stood the t v t of ot every court and which was practically as the time ones In dispute Fernstrom That Fernstrom-That That contract Is as good as a an any of ot you can enn dl draw w up Anyway I 1 dont don't believe It IL right that the el city at attorney attorney at- at torney should attack atack the city's Int Inter inter- r- r Cats ests tg In Indignantly l nanty repudiated the statement that h he was wa attacking the In Inter Interests interests In- In ter of the time city rud Tuddenham then made a short shat explanation tion In to the mater matter claiming that ton the th cl city was fully tuly protected and that It wo Jd get ct all al tho the water vater the contracts contracts contracts con con- tracts called caled for or Committee tee Wouldn't Listen Ferm Fernstrom was wa unquenchable In spite spie of or the of or the others to head beau him himoff oft off and came back with the tho statement to th the effect that the city H had mal employed ed eda a ft competent man A. A F F. Doremus Mr tr Deremus he saId waited on this committee com corn mittet two yO meetings to explain the thC matter matter mat mat- ter but this tills committee was so gO anxious to 10 get act let awa away from It they wouldn't lis listen usten ls- ls us- us ten to him I 1 want to sa say too that we have filed ted with wih the state I an nn appropriation of all an th the winter water ater In the time creek In addition to what we bought Cahoon Dinninny-Cahoon clams claims that ho ap- ap the water nater some years ago Ferns contended that th time the el city was the first to file te and that It I helon belonged et to th the cl city Its Js Just bust somebody trying to hold holl us its lS up he ho asserted Th They are arp Just waiting a ct n chaD change c to get at t us lS and hll lilted bleed us some some more lIlies l returned to the ithe attack atack going hack back to the former administration evi evidently evidently evi- evi dently ent seeking to show some underhanded under tinder handed work In the tho negotiations Did you YOI over ovel report to the tho council counci what you had secured he asked When hn you were hat on the tho committee that handled bandied tho time tho water matter mater wh why didn't you to the council Why hy didn't you OU report that you vou bought waters that were fixed h by arbitration ar or- 1 Wells It I It has been heen explained on time tho floor Coor of or the council counci a n number number of times b by Mr Ir Fornstrom Fernstrom Attorney H an and former fOrmer City Engineer Snow Why did you ou not report to the council that although the time contracts did not not nots-ay nots counci suy N so so o the waters purchased were apportioned b by the decree of oC 1 Sr Satisfied ct With Hh Decree F I Fernstrom-I I I am n m satisfied with tho time d Ce- Ce creo cree r of or the tho court court Everybody understood the matter at that time I I. mater I. I have l ha talked with wih several sc erl members of or the old oJ council counci but I 1 never could learn anything t It I. I Ive I've 10 learned more from Mr lr Fernstrom about It I ton tonight ht than I vcr over knew before Wasn't tho the deal engineered by hy a n secret I committee I Fernstrom I only onh learned so from the Tribune and as a usual theres there's not a word woM of or truth In It I. I Everybody present Inu laughed hed at nt the sn sally although h the time city's legal department department depart depart- ment mont dl did not seem eem eC overly o erl pleased Dinninny Din Din- ninny In particular seemed to lo take lake It I much to heart It i a fact that a special committee engineered this deal Fernstrom Fernstrom-A lerstrom A A special committee yes es work when hen we wo Wo We e did our quietly started to make the trade because we wo didn't want It i In the papers Mulvey How Mulvey-How How Was alas It done t Fernstrom a communication t fm m the tle e who ke for the appointment ent tt tir-tt special fon Tb b Vt u ul n t i oo was Un th expenses v Wells Vels then cane care came In with wih the tho remarks quoted before In answer to Wells Mulvey tuley stated state that he thought the ar argument was all al right In a sentimental sense but It was water that was wanted and according to the city attorney there wasn't nn any I Tuddenham Well Well cant can't we get got It I without making so much fuss about It i There didn't seem to be an any unanimity of feeling In regard to keeping the matter quiet so to ward off the tho mater Impending frost trost Mulvey asked Davis DaIS what he ho knew about I It Asked to Keep It I Quiet In reply Davis sad said he couldn't tell ten tellas tellas tenas as to the secret meetings that had been held by the former committee He lie was tas hEIt asked aske once In the tho mayors mayor's office and ant W was 1 liv the city en George Georce W. W ws w s Snow ow- ow to tok keep p the m matter Q quiet let so so-I so It woul wouldn't nt get around to the farmers He claimed he stated staled that I If the meetings weren't open he ho would have havo nothing to todo todo todo do with wih them Tic Ho He agreed with Wells es that the tho matter mater should not be so much publicity and continued talking talkinG about the matter mater Martin knew when th the tho deal el was consummated consummated consummated con con- summated that there here would be law suits aults Fernstrom knew It It too hut but thou thought ht no noone noone noone one would when the tho city began hegan taking water Into the conduit He knew there thero would be bo law suits but hut knew know that the tho terms terr of or the tho arbitration would soon oon settle fette the dl dispute Dute Dinninny was in favor of Inveigling the farmers farmer Into a a. session an and ant having a 1 shorthand writer present to take down downall downall all the they said ald so 50 they could be bo held to what promises the they made The sentiment was vms all al In favor of or handIng handing hand- hand Ing tho the mater matter over to the el city attorney and let him thrash it I out and rV rt back to time the committee A re resolution was passed to that effect and the tho committee pase adjourned to lo meet a again aln when Mr Air Richards had returned so 80 that the tho city's city le legal al talent department could have re received received Ie- Ie re- re enlightenment In the meantime |
