| Show fight IS injunction OUT AGAINST NORTH OGDEN PEOPLE their action in destroying dam and cleaning river bed stung into action from mondays standard the action of the north ogden irrigation company in sending men to destroy the dam of the eden tors and to clear the bed of the north fork of the ogden river the latter part of last week so thoroughly incensed the eden men that after con gulting until a late hour saturday night with their attorneys it was decided to file suit against the north ogden irrigation company and to ask tor a temporary injunction to prevent the further destruction of the dam and clearing of tho bed of the river there was felled in the second court by the same attorneys that appeared for the defendants in the contempt of court proceedings the complaint in a suit in which francis dark thomas clark and john carver are the plaintiffs and the north ogden Plain City and western irrigation companies together with numerous individuals are the defendants after the filing of the complaint in the case the attorneys cpr the plaintiffs went to salt lake and secured from judge armstrong in the third district court a temporary injunction prevent to the defendants from further interfering with the natural bed of the river the complaint in the case alleges that the defendants are about to change the course ot the north fork of the ogden river by removing the sand and replacing the sand with clay and other material making the bed of the river so that the water will run doah the stream preventing the plaintiffs from getting a certain amount of water through seepage the complaint further states that after the decision of judge ratchie in ahe contempt of court proceedings the eden farmers turned the water anto the channel of the river in obedience with that decision and that before and after turning the water into the river they had the water measured by civil engineer bostaph aad that he found the measurements to be the same both before and after the water was released it has been the contention of the at the eden people during the contempt of court proceedings that the water it released would not flow to the north ogden Irrl gators this the attorneys tor the north company did not deny but they did claim that bad the amount of water claimed by their clients been allowed to flow the bed of the river would not now be in such a condition to absorb all of the water as as ow the case saturday it was stated that the reason for the north ogden people destroying ying the dam and cleaning the bed of the river was to use every possible method to secure the water and restore the bed of the river to its normal condition the granting of the injunction yesterday in no way changes the status of the case as regards the eden people allowing the water to flow unrestricted strict ed and simply prevents the defendants fend ants from further destroying the dam and clean lne the bed of the river attorney maginnis Maginn ls was the only attorney who could be reached last night and he stated that he had not received a copy of the complaint or a copy of the injunction that was granted by judge armstrong and as a result could not give any information regarding the case attorneys C C richards J N kimball and another represent the plaintiffs and maginnis Maginn ls macmillan and henderson and J E bagley the north ogden irrigation company it Is not known whether the attorneys tor the jatter company will appear for the other defendants or not it Is rather an unusual thing to file suit in a case or for a judge to grant an injunction on sunday but the attorneys for the plaintiffs after showing to judge armstrong the necessity of prompt action on their part had no difficulty in securing the injunction eczema scald head hives itchiness of the skin of any sort instantly relieved li eved permanently cured doans ointment at any drug store |
