Show THE WATER CASE ON HEARING BEFORE THE FEDERAL COURT TODAY salt lake feb 13 the hearing in the case of W C weaver it the bear river irrigation ogden waterworks Water works co vs ogden cily was resumed this morning when court met at 2 yesterday afternoon counsel for the plaintiff moved the dismissal oe the third and fourth causes of action to quantum upon refusal of counsel tor the defendant to stipulate to go to trial on the first and second cause at this term without a jury and upon the third and fourth causes at the may term with a jury the motion was granted the testimony was then proceeded with the plaintiffs putting on witness es in the effort to prove the contract and its ratification robert shapley pley water master and C H kircher auditor of the water company and john V bluth atly recorder of ogden were examined their evidence being largely statistical mr blath was ac compan led by something less than a ton of ogden city records when court adjourned tor the day the plaintiff had rested this morning the defendant will begin its testimony in the endeavor to prove the contract void the names of the witnesses are not givon out but it is understood that some members of the ogden council will be summoned it Is expected that the case will be finished today |