Show TO OGDEN'S t 1 WATER FRANCHISE t l Real Estate Mens Men's Association x N Would Have It Set SetI I t H A Aside Ase S d Ie ACTION HAS BEEN BROUGHT i J ls II of or j is Jo Said to Ho lie ely on iii Question of or Its j n 1 I II i y i t J Republican r IU flo th Street I Aug D. D ThO 9 Tho Ogden Real flea Estates Estate h Men's Mens association ha has begun ail an ayi n action ion Intended to set get aside the tho thoa a action of or tI the thI l 4 Ogden Ogdon eIt city council of or Monday Monda evening c Jul July 29 granting to 4 the Ogden Waterworks ks company a 0 1 50 oar franchise t I Judge C. C C. C Dc Doy of or if Salt Lake City who has hats been retained by hy the time association asso- asso elation to assist A Attorney J. J D. D SI Skeen cn t in the c trial of the case cast prepared prepared and Hied the tho Complaint Judge D. D Dey when I asked d today regarding the thc ha basis 18 of oC the action stated slated that it Il would be purely pure- pure ly 1 on the thc question of or its ita constitution constitution- I lIe lIe Olds holds that Oie IC ordinance ec Is W worthless Y and cited the thc throe three prin prin- prin cl cip l reasons for lot his contention as follows The first reason 8 set out lit is I int It was as ulo o done in one night whereas tIme the law Jaw is very strict in 1 tie do- 2 firming fining just imst the mode of procedure ure in j. j such lIuch The rue ordinance after beI be- be in I ing read l be referred to a cornI comi com com- i I for fot r report which can not be m or acted upon within one week from that date dab and so 50 on until J I L l the the reading of or the the- j 4 l t. t I Hold Ordinance ns as Not 1 f- f Q Another cause upon which the plaintiff plain j Jt y tiff tiit will rely to a great gleat extent Is that S t g-t- T. T tIme the ordinance was n really never neel passed parsed I The law Jaw requires that it shall shan require a a. two thirds vote of or the thc members of elect to suspend tho the rules i. i r V V This ordinance It appears dl did not V c th the required two thirds vote ote I V Councilman was wa-s absent and J i the tiLe vote stood six to two whereas it 1 1 required seven This declares s Judge Judg j Do Day Doy Is b absolutely fatal to the ori or or- i J ik The Thc third fault which time the plaintiff will set out is that hat of oC the leasing o othe of ft the ell city water for of V a period 11 lIfty years It Jt is charged that this Is la h In violation of tho the law aid aSid that it U is t a consideration for fot th granting of th tIme the V franchise and i is vital vHal in lime HIP iani- iani i ican it itea r ea can 11 not Dot bo hC IfAl from 1 the hI and therefore the hole holc on nane is V void old I |