Show cottonwood VATER CASE injunction suit Brought by the rass company against the alty salt lake upon motion of the attorneys for the city the trial of the injunction suit brought by the progress company against the city to restrain it from diverting the waters of big cottonwood cotton wood creek into the new conduit was continued by judge morse until this afternoon at 2 athla action was taken this morning to enable attorney F S richards special council for the city to consult with the witnesses in the case mr richards was retained to help city astorr ney hiles last night and had not had time to consult with the witnesses fon the city judge alles has led an answer to the complaint denying that the reps company has any right to the waters of big creek or that the company is supplying the citizens of murray any of said water but that the only rights it has are to the waters of spring creek a tributary to big cottonwood the answer also denies that the city is diverting any water which belongs to the plaintiff in its counter claim the city allege that it has a present necessity for tho water that it has spent about in purchasing the same and constructing ting conduit for the diversion of the water it claims the right to sixteenths of the water for alx months of the year and sixteenths for the other six months by which it Is entitled to SO second feet at the aler in the flood season and 13 second feet in the dry season each year it is also alleged that the city wag in possession of the water when the plaintiff filed its action the contracts by which the city purchased its water rights are attached to and made a part of the answer in conclusion judgment is asked that the company be required to set out the nature of its rights and that the same be adjudicated by the court and the plaintiff be restrained from interfering with the cites use of the water mayor pays pipe when court convened this afternoon at 2 mayor thompson handed to the clerk bis check for the fine imposed on him by judge morse for contempt of court in falling to turn the water out of the conduit and ack into big cottonwood creek as ordered by the court the hearing of the case waa again continued until 10 a m tona orrow |