Show ordure CHARIES S ZANE temporary settlement in the canal case NO RECEIVER IS DESIRED injunction granted restraining Restrain iniz ogden city from rabina for pavement pavements out of the G general fu fund nd the adjustment ai of tho the bear river canal case consumed but an hour and a half yesterday morning in tho the fo fourth arth district court the hearing was on tho the petition of the plaintiff william garland for a receiver of tho the property including the water works system of the city of ogden but when the case was called the attorneys for garland gave notice that they had abandoned the request for a receiver and judge zane suggested that the attorneys tor for both sides get together and agree upon some form of order which would cover the case and prove ot of equal satisfaction to all parties concerned this agreement was w as aliffi a difficult task and at several points in the tile proceedings it looked as though the case w would be gone into in in all of its details A large number of witnesses for both sides were in attendance and the attorneys forthe for the defendants gave notice that they were pre prepared before ared to go to trial tria on the case just before 11 however after considerable argument and a number of heated discussions tile following order awaa waa drawn up consented to by both sides and approved by the court william garland plaintiff vs bear lake and river water works it irrigation corn coin pany party jarri jarvis conklen mortgage tru t com company george L walker and siad aalt lake take bangany land lAn gany and irrigation company coni pani delaude delen denta upon ts thie this cause muse coming on to be heird heard upon the de demurrer c of all of the defendants ex capt george L talker to being ari argued gued by br counsel and duly con by the co the court sustains the same whereupon on tho the application of plaintiff P fl t 1 plaintiff la permuted permit cd ed to loamen amend d of his iiii c coni ion i plaint tit by by writ writing ing therein in ill ink the words mechanics lein as shown by tho the judgement jud gement herein before set out aher whereupon cupon said amendment having been made the court considers the not well taken andover and over rules the same whereupon this cause came on for hearing upon the order re quiring the defendants georgel walker and find the salt lake like land irrigation coni cent pany Y to show cause why a temporary ran injunction J an tion should not issue against them and each cacti of them restraining them from con conveying beying disposing of or in any way encumbering the property described in the tile amended complaint ard the said defend il d ants ts announcing in open court that th the ey do not desire to appo e said order w here where upon by consent it is ordered ls by y the tile cou court that a temporary injunction assue lueas as pra prayed deorin for in the amended corn plaint a and it g the e salt lake I 1 land and irrigation lion cornman company corn pan r defendant and its agents ator meys and employees are bierey hereby enjoined ned and restrained until the furt further e order of this court from conveying disposing of or in jn any way wa encumbering the property de cri b ar in n tj the ea amended complaint comi lalit or any part thereof provided that this order shall not he be so construed as to prevent the defendants from making water right deeds or con tracts for water out of the canal described in it the I 1 e amended complaint such sales to be made at reasonable and fair prices and reasonable and fair rentals and the pro ceede 0 of f such sales to be held field subject to the order odthe of the court and provided further that the order shall not be so construed ed as to conclude the defendants or cither either of them thein at any time upon proper cause be ing ln shown therefore ther eforo and upon proper no tie tice itice fir from moving to dissolve vacate and set ct aside this order plaintiff at this time makes no application for a receiver this leaves the case in about the same condition as it was before the commencement men cement of the action the defendants will bo be allowed to continue the colonization of the lands iving lying under the great canal and can dispose of the water rights to whom whomsoever sever they will but the money derived from the sale of those rights must be held subject to the order of the court in a short speech anade imade just belore the f final inal settlement of the questions at issue mr evans stated that it was the wish of the defendants 0 to o protect the rights of mr garland but unless chev were allowed to sell or con tract for ahe water rights the canal would bo be worthless as the tile only widel thing which made made it 86 valuable I 1 bable was the sale of thoo those rights jude judge zane held that as garland has been given a first lein upon the property lie is is abundantly protected prote c ted after the close of the bear river anal canal case the case of william it R W wheelwright vs ogden city the suit lb brought to restrain the payment of the paving co contractor tractor out of the general jund and was called up on the demurrer baled by city attorney kimball in which 3 aie ie held that the facts set out in in the complaint were not sufficient to constitute 1 a cause of action the arguments were vere abonce at once proceed edwith and occupied the remainder of the forenoon session and part of the afternoon shortly b before L 3 the court overruled the demurrer and cave gave ten days to answer meanwhile tho the temporal tempo temporary restraining order to stand upon the rag plaintiff p filing a bond of 10 wheelwright was presented represented bv by attorney henderson and the city by city attorney kimball the tile latter opened the arguments and in connection with ins his able talk cited many authorities to bear him 0 out ut in in iii lih iiii i position that the city could either pay the contractors on any bli ic improvement out of the genor eral fa n tor out of a fund create created ct by the revenue derived from local assess anant the attorneys argument ar ament occupied nearly two houra hours an and tat at its conclusion mr ir henderson addressed the court in in behalf of his client lie took up the case in in its entirety and followed the proceedings of tho the city council creating the paving di district and find providing for the letting of the contract and the payment of the contractor in his complaint the gentleman alleged that more than a majority of the taxpayers on the street now bei being g paved aved had pro tested against the levy lev oli of the assessment or any assessment t ti pave the street and notwithstanding this fact fae t the tile c uty I 1 ty council had continued with the work ae let th contract and p paid aid the cecon contractor tractor out t of ben 1 the ii general I 1 fund d an until til that fund ii had d been depleted eie ted and the city reduced almost to a state 0 of f bankruptcy tho the argument was somewhat heated at ed but ho lie was closely followed by attorney kimball who caught him on every statement which he be made during the course of ilia his speech when the case was submitted judge zane took a short time to look over the authorities cited and the exhibits on file in the case and then overruled the demurrer allowing the defendant ton tl days ays in abich which to answer in his ila decision chion the court stated that it was hia his opinion from the showing made and the papers on file that tho the council had somewhat overstepped its authority and the bounds of good judgment in authorizing the improvement when there was no money in the city treasury with which to pay the contractor and ho lie was of the opinion that what local improvements were made upon the streets should bo paid id for by local or special assessments the bond on the re restraining staining order was fixed at which lias has not thus far been filed by wheelwright or any of his backers while not in the evidence or before the court it might bo bu stated in this connection that Wilkerson lias has already been paid in warrants upon the tile contract and states that he lie will proceed with the work as before attorney kimball will file his answer within ten days and when court meets again will move to dissolve the restraining order OTHER BUSINESS the grand jury files an unexpected report contrary to all expectations the grand jury filed into court during luring the afternoon session and made its first report the following cases were ignored united states vs irwin alvord opening united states mail united states vs S J griffin illegal use se of united states mails vs Ys george W jones not the councilman obtaining property under false pretenses indictments were found in the fol low ing cases P people eople vs charles F martin and an I 1 r edward d forrest Forr cst burglary people vs Ys edward wells and fred slocum Sl burg burglar larv v people vs Ys F h wilson grand larceny people vs robert adams rape people vs robert adams burglary people vs jolin john simonson bur burglary 1 ary united states vs robert fau faulkner fi kner fornication the defendants in the cases case wherein indictments were found will bo be arraigned to plead on wednesday august 2nd J judgment tor for 1030 1036 was awarded to idel idelman man brothers against c brothers 0 on account J T hammond ammond II of logan was admitted to the bar upon i the report of an examining committee consisting of L it rogers ransford smith and a id ja james mes N kimball in 11 moritz richter as exec executor of the estate of charles cramer deceased common commenced e ed suit against philip grill and minnie nie grill on a promissory note of secured by a mortgage on a part of lot 2 block 13 plat A |