Show W- W VV V MOUNTAIN INTER MOUNT IN NEWS NEWS SERVICE j L By The Th Republicans Republican's Rep Special Correspondents V V V DECISION ADVERSE TO S1 A IE ENGINEER I. I Judge Howell Finds Issues fo f fV for V Plaintiff in vs J. J 1 Tanner 0 V ft V ORDERS WRIT OF MANDATE MANDATI V I. I V A. A Outcome of vr NOtCh Action cOun May Iny In Inter 12 fere With Union Pacific's L t- t Waterworks oll I It I Ogden Feb 1 Judg IIO Howell I Ii In f the Second District court COUlt toda handed down his decision In the casi ens E c V of or Lewis S vs Caleb Tanner Tannei f J tate State engineer which is 18 In Ih favor or o of tin thc l plaintiff A writ Wilt of mandate will IH Is Is- Is d Hue HUC compelling Tanner Tunnel to f V in n application melt filed more than a year yea J I V HEO by the on oil i l V In Taylors Taylor's canyon Tho rho case casc has hag been a bitter bluer and longill long long- f ill drawn awn out affair Tho The decision af aC- J feels feds the waterworks system being t j 0 constructed L by the Union Pacific Railroad Rail Rall- road company from Taylor's Taylors s canyon Uthe U to f Fi V t the c Union depot in fn that it Involves Involve V lIne fine of ot the thc principal springs In tin thc V canyon and the main feed of oC the railroad rail rall- 1 V road comp company's project It will thus thu k 4 1 be 0 seen that thai unless s an amicable sel- sel Is arrived at between bet Mr tr Zitz- Zitz man and anil the railroad company the th thet t Tatters Tatter's title Ulle will be clouded cloude 1 t Indefinite Description Dc n In Iii Application I Mr r filed flIed on three springs sprIng r j In Taylors Taylor's canyon callOn October 21 1905 and a 1 at al that time lime m made formal application I t. V V cation for a water appropriation to the thc tate state engineer On account of or an indefinite in In- In definite description Tanner recognized V. V V V but two of o the thc springs which wore were de do V S V V scribed lIe He i advised Mr MV that fill all three be re located with section V V lines n as location points When thc V notIon action of or the engineer was communicated V to Mr Ir the tho ground round was f V covered with snow making it impossible ti S I sible to locate the Section t lines tines thus Ihus preventing him hint Irons from properly prop I erly describing describing- the thc third spring which f Is situated In Section 35 As rapidly S i V fl as ns conditions would permit V sent to Tanner lanner the thc necessary description I I V. V V lion tion as a portion of the original application ap ap- V V which he h thought thou ht was being j ap-j V V V held and awaiting a description of f S the third spring u Halh Company Ji flights lr ht Ii In 11 the thc meantime the Union Pacific company had filed II on the lie spring in iii and duly presented Tanner nil an application correctly made out OUI which he lie approved thus tiflis giving I to lo the company c the right to use tho waters V r coi reeled statements When he f I V OO d a Jow- Jow 0 days 1535 13 later he lie was InV in informed in- in V formed that It would be bc necessary ury for Ol him t apply anew for foi Jr this hi spring nn and andt V t n 11 ol rO l com nn ft I Mr tr commenced suit r V against ranner anner to compel him to lo toS S his original O I application which embraced em all three springs anti and wh which leh had In lit part lall been accepted |