Murray

By an ordinance, numbered 46, adopted and approved on the 4th day of January, 1892, the board of trustees of the *215 then town of Pocatello, in the state of Idaho, granted to F. D. Toms, John J. Cusick, and James A. Murray, their associates, successors, and assigns, the right to construct, maintain, and operate a complete system of water mains; pipes, and conduits in, along, and under the streets and alleys of the town, for the purpose of furnishing it and its inhabitants with water.

By the terms of the ordinance the franchise was to continue for 50 years from its passage and approval, and among the conditions imposed upon the grantees were the following:

They were to begin work within four months, prosecute it with reasonable diligence, and complete the plant ready for the delivery of water within a certain specified time, which water, the ordinance declared, should “be conveyed from the creeks on the Ft. Hall Indian reservation, known as Mink and Gibson Jack creeks, and shall be in quantity sufficient to supply both the public and private use and purpose of the citizens and inhabitants of the town of Pocatello, and shall be of pure and healthful quality,” and which water…