Show MURRAY SEEKS TO DECLARE TRAMWAY FRANCHISE FORFEIT Supreme Court Takes Appeal Appeal Appeal Ap Ap- Ap- Ap peal From Lower Lover Court Under Advisement Arguments that tho the city of Murray had the tho right to declare forfeited the franchise of ot tho the Utah Light Traction Traction Trac- Trac tion lon company were presented Y yester- yester ster- ster da lay day in the tho supreme court upon tho the bash basli of or an appeal from a n. demurrer sustained by Judge W. W H. H Bramel In Inthe he tIme district court The decision of th the Supreme Justices will wIn bo mado made later tho court taking tho the case under ad ad- When Whoa the Utah Light Traction company compan t I put 4 in t effect Its Us cent 6 S fare t. t Lav 4 J 4 1 tut LUL Ul 11 11 wits wua O D uy the tho ho public utilities commission the city of or Murray rebelled holding that under tho the terms of the franchise granted tho the traction company by the city it was provided in specific terms that hat two 6 cont fares tares only b charged for or tho the trip from any point In Salt Lake to an any point in Murray Claim Contract In Ii Broken In that the tIme hl higher her charge was put Into nto effect the city of or Murray averred that hat the tho contract between the th city and tho ho traction company compan b by bye which the company was granted the right to op operate op- op crate erate over the streets of Murray wa was broken and the city proc proceeded eded to pass passin an in ordinance declaring the franchise forfeited and instituted action in the Third district court praying that court to lo approve ve the declaration of ot f for for- r. r and that the tho traction company compan bo be jo enjoined and restrained from further fur fur- timer ther maintaining or operating their street car line In Murray Tho traction company compan demurred to the complaint on the ground that It was sas Insufficient in Its statement of or fact Judge Bramel sustained the de tie tie- From this ruling tho the ell city of Murray appealed Since the anneal was filed riled in tho the supreme court D D. W. W Moffat who was I city and drew up and filed filed the complaint In n behalf of the tho elt city re ro- ro tired John E. E appeared yesterday in inthe I the tho supreme court in behalf of or the city of or Murray aad ad conceded that aIland nil aIl alii I and an any questions relative to the increase increase in- in I crease creaso of faro fare and changes in zones zones zones' I could not b bo considered this question having haYing been settled by action of the tho public utilities commission 1 ing ng the Increase which authorization for Tor increase was as sustained l recently r by bythe bythe I the supreme court ne of or Ruling I Mr PIx ton however still contended I that notwithstanding the elimination of the question of or the time increase In fares ares sufficient facts facts to to authorize a forfeiture of the tho franchise of the tho company com corn pany In Murray urra nr are stated d in the tho complaint com com- plaint nn and he the ruling ruling- sustain ustain- sustaining ing the demurrer should be reversed and the tho traction company compan permitted I Ito to answer and tho the case be tried ll upon I Its merits lIe He contended that the complaint complaint com corn plaint alleged ed that the traction company com corn pan pany had generally violated el provisions of or the contract other than the tho increased in increased In- In creased fare especially in that the traction traction traction trac trac- tion company had failed faired to la lay and maintain its tracks on grade or OJ grades established Q h by the city of Murray Murray Mur tur turra ra ray and ha had 1 continually neglected and refu refused ed to conform to said grade ra e. e failed tailed to keep up Its tracks and locate poles for tho carrying of Its wires as ns directed b by the Ule city and have created and maintained a dangerous and unnecessary unnecessary un un- un necessary situation and cited man many details do- do tails of or failure In the case of ot Mildred Stevenson n against Harold Stevenson appealed from time the Second district court argument arsu ment merit was heard hoard and the case caso taken under advisement The case of Fred Freel Woolley appellant from the Third district court a against C E. E Loose was continued for the term |