Show CITY ATTORNEYS I 1 I 1 i february 2 1903 to the city council of manti city cit manti city utah gentlemen your committee consisting of L F becker ind luther tattle tuttle reported to ino me tho the matter of somo some parties requesting the bicy to proceed ed to havo have tho the waters of manti brei fully ad judica ted and tho the committee de tle sired aired me toniolo to male i i port aa to the tile features which would attend such a movement in ill pursuance of such request quest ro I 1 beg to sa that it is usual in starting an action that some pay aggrieved the plaintiff find asks for a redress from tho the invasion of his rights by others and for a decree anu til g his title now as f fir ir as manti cita cit is con concerned cernO its interests ro largely of the nature of a trustee for the primary water owners of manti creek and las assumed tho the function unction f of distributing those to those entitled theatto then ther tto to so far ua as the committee is concerned they know of no infringement upon any of the rights which the city represent represents and controls con trob and while in some quarters a decree would bo be very desirable desin ble und even for the good of the 1 1 ar owners it can hardly be sai J tj to necessity 5 fokin incurring currin g tuo be ti expenses of pro cipf tating such litigation and chr carry inet 0 ii at all hil in consequently nothing to indue or impel th tb city to such an action the city has borno borne all tho expenses incidental to controlling and distributing the waters of tho the creek creck regardless of whether or not many of its citizens havo have derived any benefits and ro hard ly appears any reason why they should pay the expenses that would be incidental to tho the litigation now proposed by some of tho the farmers if the rights represent d by the city were being invaded in any way it might bo be incumbent upon the city to proceed proc ped being that it has assumed tho the charge and con arol of the waters it might also 1 bo be incumbent on it to defend if tho the others were to proceed but even that might bo an open question which would bo be properly dekidd when occasion arises but there is certainly no no argument why it should tit ot this thi s time up tho tile burdens of the water owners in the matter 0 adjudicating th ir rights it would simply mean that tho be vity would become plaintiff in an action and would likely bo be charged with tho the burden of bringing c i aiato iato ta th abo 3 action altion in ono one way or another oil all parties who havo have or claim to have any interest whatever no matter how remote in the waters issuing from manti mand creek yours respectfully WM D levingston attorney for hanti city |