Show WATER RATE DECLARED FAIR THE SUPREME COURT DECIDES AGAINST brummitt although holding that city council cannot permanently fix water tax the supreme court handed down an opinion monday in the case of james J brummit of al appellants against the oslen waterworks Water works company and ogden city in which the judgment of the lower court is affirmed I 1 he opinion Is written by justice falck and his associates concur the action was commenced at ogden upon the application for an injunction against the company and the city to restrain them from collecting alleged excessive water rates in the complaint it was charged that the city council of ogden had entered into an agreement with the company as to the regulation of rates some of the rates according to the plaintiff were increased by the council and rates were to obtain for a long period according to the alleged agreement the opinion holds that the ogden council had no right to enter into an agreement with the company as to the water rates fixing them for the full period of the contracts the council however had the authority to fix temporary rates the opinion further holds that the rates now obtaining at ogden are reasonable as the lower court held there is no threat to enforce unreasonable rates and for that reason the judgment of the lower court is affirmed it will be unnecessary to go through a painful expensive operation for piles if you use manzan put up in a collapsible tube with nozzle ready to apply for any form of piles price sold by geo F cave drug store cor st and washington ave FARMERS IN PROTEST AGAINST THE PROPOSED SMELTER NEAR THE SPRINGS They Again serve notice that damages must be paid if they are damaged at a mass meeting of farmers held in wallard last night a resolution protesting against the or oration of a smelter in the vicinity of the utah hot springs was adopted and signed by forty citizens and given over to a committee to bo circulated through wallard Wll lard pleasant view north ogden plain city and james white of willard presided at the meeting five members of tho committee commenced to canvass the respective towns this morning when a complete list of has been obtained a copy of the resolution Is to be given the weber club and published so that the utah mine owners association may loam of the sentiment of the farmers whose land Is situated near the utah smelter the proposed site of the independent project at the meeting was represented acres described by one agriculturist as the best farming land in the county it was the consensus of opinion that a smelter of any capacity and managed by any association person or corporation ought not to be operated so near agricultural landas land as is the utah smelter the spirit of the meeting was not hostile to tho establishment of the smelling smelting sm elting industry in weber county but it was advanced that by going west and north or south a site could bo selected far enough removed from valuable property as to preclude the possibility of future dam age suits arising from smoke fumes in the resolution forty farmers whose signatures were added after the meeting pledged themselves not to sell unless the mine owners were willing to buy them all out at a reasonable price per acre for their land today the list Is being increased it is expected that by night the farmers from willard in a semicircle semi circle around to the lower extremity of plain city will bo organized to act concertedly in any movement to protect their interests te which they consider are jeopardized on account of the activity of the mine owners in considering weber county as a favorable point for the smelling smelting sm elting of ores it Is the intention of the leaders p the organization to prepare for war although they admit that nothing but justice and fairness shall mark their dealings with the mine owners in case they decide to enlarge tho utah to a dally capacity of 1000 tons within the radius of six miles there are acres of tillable land which the farmers considered would be affected by the fumes from any smelter erected at any point within a mile from the utah smelter the value of this land they agreed could be fixed by a reasonable appraisement but just what would constitute a reasonable figure they were unable to gay provided the plans adopted at tho meeting of farmers in wallard Wll lard pleasant view north ogden slaterville Slat erville and plain city any negotiations with one will have to bo made with all of them said James White who acted as chairman last night in the first place we dont want the smelter but it it must come wo want some protection against the damage we feel sure will result as soon as operations are commenced it Is our intention to become organized so that wo can act together on any matter that Is of common interest and if our property Is threatened we shall defend it at any cost however we are not prejudiced against the mine owners for we feel that the smelling smelting sm elting industry in weber county would be a fine thing but as long as there are other places more suitable for the erection of a smelter than the location of the utah smelter we shall protest against any movement calculated to harm our interests |