Salt Lake Herald-Republican | 1918-06-21 | Page 8 | Case of Cross is Dismissed by Stipulation

CASE OF CROSS IS DISMISSED BY STIPULATION Court Action Concerning Erection of Concrete Emblem Emblem Emblem Em Em- blem Is Terminated Ensign Peak upon whose whoRe summit tho the erection of ot a n. concrete cro cross was planned will remain bare hare according to the terms of a stipulation filed tiled yesterday in tho Third district court courtin in the complaint of oC Emil S. S Lund in behalf of oC himself and other taxpayers and citizens similarly situated in Salt I Lake against Charles W. W Nibley presiding presiding pre pre- siding bishop of or the Church of or Jc Jesus us Christ of or Latter day Saints and Jo Joseph seph F. F Smith president of the church I By the stipulation it Is a agreed recd that the action be bo dismissed and settled of ot record on motion of or the plaintiffs Tho The defendants stipulate that never again by themselves or by their n agents will the they attempt to further or carry out the project so complained of The court costs of ot the action are to be paid pala by tho the plaintiffs and etch will pa pay attorneys attorney's t fees es Tho The complaint which asked for tor ai ala Injunction prohibiting the erection ol or of ortho tho cross on Ensign insIgn n Peak was filed tiled May 31 1916 Tho The complaint recites that on May 6 1016 1916 C. C W. W v. v Nibley r filed fileda a petition with the city recorder in be behalf behalf behalf be- be half of ot the thc Church o of Jesus Christ of ot Latter-day Latter Saints asking leave to erect on Ensign Peak a a. concrete cross the size and dimensions of or which Welt wc unknown to tho the plaintiffs Tho rho I petition was granted May 25 1916 by tho the city commission and leave given to start construction of oC the cross The complaint further urther alleged that the plaintiffs believe Nibley was acting In b behalf o of and in the interest of ot the Catholic church as well as the Church of Jesus Christ of oC Latter-day Latter Saints tho the cross being the emblem of the Catholic church The complaint charged that tho the use to which the land is being put Is not nota a public use and is for tor the furtherance advertising and propagation propagation propagation tion of oC rell religious lous creeds which is Inimical to the welfare of oC th the plain plain- tiffs