Show 0 i ill IV I ll II III I IIi iIi VL SEEK TO ENJOIN OGDEN'S COUNCIL Many Petitioners File Fie Action Acton to Stop Building of Bridge S WANT JANT RIVER RETURNED I Aldermans Alderman's Purpose of f Filling Fillingin Filing in Original Channel Will WillBe Wil Be Fought Fought I Republican Special Service I O Ogden Dec Doc 3 Nathan 3 1 J. J Harris as attorney for a n long Jong ong list ls o of plaintiffs today oday je r In the Second District court courtR a R x proceeding which seeks seele to restrain ho tho city cly of oC Ogden n from rom filling up or the tue original channel of or lh the Ogden river and from Interfering In Inan Inny an ally ana ny way vay a with lh tho the rights of tho the plaintiffs plain plain- tiffs Iffs therein an and praying that tat the city I be e ordered to show ho cause wh aurli In injunction In- In unction junction should not bo be Ic granted t and that that In th the tho meantime tho the ci b be re restrained restrained rt- rt re- re strained from doin doing any of tho the arts ads inca mentioned t I on euL I The rhe plaintiffs in the notion action acton are arc Ogdon Og- Og Ogden don den Milling and nie ator complY company Western Irrigation company compan i u Irrigation company North Ogden Irrigation Irrigation aton ort gation company J J. J L. L Smith and L L L J J. J Smith n lh company compan John I L Wilson 1 1 n A. A I. I 1 Stone D. D M. M Moore Ye AY Y C e. Wilson ilson Enoch l Farr arr M M. S S. Brown Brown- Ing all al users of ot water ater from Crom the Mound Fort system of oC canals canal The action a tion is Js directed n against O Ogden ef city tul HI mo the tho Wheelwright ht Construction company dc- dc dc- dc fondants ts The court will ill wIl call cal for or a hearing end nd arguments argument on the the petition for fo 0 x t temporary tem injunction some som time tomorrow previous pro to issuing the ord order orith- r This Titis Plon pr- pr tion lon has ilas been taken h by Jud Judge as ns a 3 matter of preference In vic vew of or orthe the fact that the defendant is n II t e corporation Ordinarily the tho court Court would upon th the filing of f Sur it t l ut bond b by the tile plaintiff issue such a i t temporary tern tem injunction if he save av f 1 lit ut li bm In Inthis this case arguments ar will wil be tIc permitted previous pre to t the e Issuing of ov o m i. i 1 i i om ni- ni writ v.-rit rit of oC Injunction S A IVas n 0 Old Heil ed of ot I til Hh or The action acton Is tho the expected outgrowth out lowth of the city's decision to Till fill fl in tilt iho tlC old channel of the th O Ogden en river ri er nt ot the mouth of ll the tho Ogden canyon antI and ane to bridge e the intersection of or the tho ean canyon on road rOl 1 and nn J the tite present channel of toe river which was taken by the tho water waler at atthe atthe atthe the timo of the last spring Hoods and and- which was formerly the original channel chan han hannel nel net of tho the river rl er previous pre to the th time timo when its course was changed ed by the theIrl Irl irrigators who now no petition petton and anI re remonstrate re- re against the filling in of the theoM theold theold old oM channel Some years ago ngo tho the Irrigators north af of ot the city ity limits changed th the course or of the river at it its outlet to the can canyon von vony b by y building a a. dam dani near tho the cast limits ot of the tile Sanitarium property so as to allow illow the river to flow fow north at fit an nn ingle angle alo to its is original course Instead of oC f due tue west At that time too a go was ivas constructed at nt the point where the of the river intersected with shannel the road During Durin the Hoods of or last spring siring however the dam mill Was washed out and the thc rl river r toot took its own and former channel Washing out tho the canyon canyon can can- yon road in order to find its UN old cont contO con con- tour t tO r. r j rEvel Evel er k kj that time the cit city council counci has haM hind had the matter under tinder deliberation and ala ho has on Oil various occasions notified the irrigators tit that unless they would rebuild tile the old dam olain and take hack back the tho river Ivor to the in III which they thoy had hall Inca pl placed U Jt th trio the cl city would ouM place a n nt at tho tue original channel and alor alron olIo al- al or ron the tho tilling filling In of or tho the bridge site Ha Io it joint it h where Lh of or thor their o Vilh tho the road rond It appears that tim Iho tho council bO bOrc rc Ion Ion- with the tho tie opinion that the tho Irrl n- n Lorn toru W wih 1 0 11 take ion 10 action and so o in pursuance wih with man many r urgent petitions from Crom residents re of tho tile city l C It I was Avas as decided de dr- to lo bridge c tho now channel and allow alow tho the river to remain In Its newly chosen channel Tills This was completed and the the contract was waR let last Int ev evening to the the Wheelwright Construction corn cent nan nam for COl tho the tilling filling in and grading ortho of or tho the old channel and the tho approach to tho the new bridge e. e With this action of the council It it w was s decided to to build hu d a culvert crt at the sito of the old bridge e so RO that the tho irrigators Irrl might use u r this channel elate chan nel for diverting irrigation aton water if they might choose hoose so to do In 31 en n to tl Co It This action net Ion of or tho aldermen do does loeN a not soc SC rn to please penso the irrigators anc and thus I Ithe the attempt at injunction against the city and Its contractor Contractor The Tie desire of or orthe the tho irrigators appears to be he that theold tho the old channel be ho bridged Instead of oC filled iu lu even e with a culvert c and it I will wil now low be he ht up to th the district d court to decide de de- le- le cide eide a n way out of or the te dilemma for Cor hoth both the tho way 3 l plaintiffs j and President Craig of oC tho the city cly council counci when seen set n this tills afternoon said on tho the matter Unless we nr nm- nm est by hy bythe bythe moler the th court we will wi go rl h with wih the tho work worl a as we wo have ha given JIn people peo plo pit plenty of time to act in Ill the matter mat rant ter Thc They could long lono ago ngo have completed com corn letell l thoU their dam neil and tho the stream tel but hut hove have not seen It fit ft to doso do doBO BO so It was not the city's duty to divert 1 this stream as the channel which the I water watEr water took took IB iii its Is old anti proper one It I only concerns u us In tn 51 so far that we repair the road to the canyon ennon so that it will be again fit ft for tra travel l I also i wi feel feol that it i is l high tm something Is Istone L done in iii tho the matter as ns the road has 1 tone be boon been n out ont of oC commission all al summer |