Show mm FILED IN CASE AGAINST FOREST alleges defendant is U S government asks for dismissal A demurrer was filed this week in the office of the clerk of ther the sixth judicial district court at richfield to the complaint filed by the fremont irrigation company against regional forester R H rutledge C A mattsson supervisor of the Fish fishlike fishlake lake national for eat L A taylor assistant supervisor and elbert L cox ranger at fish lake the demurrer alleges that the court has no jurisdiction over the defendants or the subject of the action that the defend defendant ani is in fact the government 9 ove ent of the united states and that the government cannot be sued without giving specific consent andexl and except ept in a fed eral court the dam demurrer arrer jalo r that thai the complaint of iff be and that ute ase e awarded costs resulting from the case the demurrer to is signed by the assistant or of the forest service department of agriculture of the united states the suit arose out of the forest service ordering construction of a dam across the outlet to fish lake to raise the level to that which had been measured as the low level of the lake in august 1934 in reporting the filing of the demurrer information from the regional forest office at ogden according to state papers says during 1934 the irrigation company dragged out the channel of the outlet and allegedly also excavated below the normal low level the forest service officers at the instance of the state fish and game commission and southern utah civic sportsmen clubs installed a concrete dam in 1935 to insure maintenance of the lake level the irrigation mitigation company maintains interest int brest in protection of fish like lake but contends that their chari nel cannot lower the laki lake level below normal to a statement made by S E B tanner ranner of loa nin saturday d a y st s |