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Show BH P. LEWIS BIGS I; PON JGISI ! THE GITY In the district court. Eva P. Lewis, i " wife of J. S. Lewis, has commenced ! : injunction proceedings against Ogden :i t City to restrain the municipality from : laying the artesian pipe line along -1 the roadway which passes over the ; Lewis property in Ogden canyon. Up- i on furnishing an indemnity bond in ithe sum of 500, Judge J. A. Howell granted the motion for a restraining order and -work on the excavation ', was stopped yesterday afternoon. The basis of Mrs. Lewis' complaint I is that she is owner in fee of the real property over which the proposed pipe line is being built and that the city adversely claims an estate in Interest without right under the law. She seeks to have the city appear in court and show the nature of its claim, also asking for general relief It will be recalled that the county board of commissioners a 'few months ago granted the city a franchise to build its artesian well water main ex-K ex-K tension on the county road without I charge. Since that time W. G. Wll-' Wll-' son and J. S. Lewis have questioned i the right of the county to grant a franchise for water mains over prop-' prop-' ertv in which it had only an easement for road purposes and the city board 1 of commissioners have been lmpor- tuned to negotiate with the owners 1 of the properties at the Hermitage ! and at the Lewis" place with a view to settling the differences, but the owners of the properties say. the commissioners com-missioners have turned a deaf ear. It is contended that when the Cold-water Cold-water canyon watermam Wd, the , citv paid the Farr brothers 1000 and t WG Wilson $1500 for right-of-way over their property In the canyon, m the vicinity of the Wilson sawmill, i and that there should be some compensation com-pensation for the right-of-way oei the Wilson and Lewis properties. Mr Wilson has not begun civil action in the matter, but he has requested the ' commissioner to make a settlement with him. . The city commissioners contend that thev are acting in good faith and . & have been advised that the franchise : from the county to use the county roadway for its pipe line, precludes the possibility that in making the Im- ? provement the municipality is tres- ' passing on private lands. Mayor A. G. Fell this morning re- s ported to the city board of commis- ' sioners that the board had bocu sum- moned to appear in Judge J. A How- : i ell's court, September 15, and show what right the city has to lay pipe for the artesian wells line on the ; county road property claimed by Mrs. - Eva P. Lewis. The matter was im- I mediately referred to City Attorney Valentine Gideon. I Mr. Gideon states that he has not determined just what action he shall take. The city has been restrained by order of court from further work on the pipe line on the Lewis property, prop-erty, and It is the desire of the board of commissioners to not suffer delays in laying the pipe, as it has been planned to complete the line at an early time this fall, and the contractor contrac-tor must be given free access to the territory over which the line passes. Mr. Gideon says ha may make a motion mo-tion before Judge Howell today, or early tomorrow, to modify the restraining re-straining order in such way as to permit per-mit the city to proceed with trench-digging trench-digging without delay, offering, of course, an Indemnity bond for all damages that might accrue in the placing of the pipe. He says It is possible, however, that he may begin condemnation proceedings and ask for immediate possession of the premises for the purpose of continuing the laying lay-ing of pipe. The latter course does not appeal strongly to the attorney, as, he says, It would be at least partial par-tial confession that Mrs. Lewis has title to the land of the roadway under which the pipe is being placed. He states that In his mind there can be no question but that the county board of commissioners had the authority to grant a franchise for the pipe line on the county road. |