| Show TilE OGD1t N FIGHi Electric Street Railway Case I Argued and Submitted I i THE FEBGUSUNALLEN CASE I The Arguments Now in Progress Before the Supreme Court Will be Submitted Sub-mitted ToJay AH the judges were present when the supreme court met yesterday morning The expected opinion in the liquor license case did not come no opinions at all being delivered The first case taken up was that of H H Henderson et al vs Ogden City Rail way company et al This is an appeal from an order granting an injunction made on the hearing of anorder to show cause enjoining en-joining the defendants from encumbering the roadbed of the plaintiffs nod from permuting per-muting the encumbrance placed thereon by them to remain The Ogden City Railway company obtained from the city council on August 1SS3 a franchise for a license for a double track railway on Washington avenue and in pursuance of this franchise built a single track on said street On September 141890 theplaintiffs obtained a franchise for a double or single track rail way on Washington avenue and commenced com-menced the construction of a roadbed on the east side of the street They had laia apart a-part of the track when the defendants took possession of the road bed and put permanent per-manent Obstructions thereon The plaintiffs fed a complaint to enjoin en-join tho trespass and on the hearing to show cause Judge Miner granted a temporary tempo-rary injunction from which the plaintiffs appeal on the ground tnat the city had no authority to grant th franchise to tho plaintiff and that the franchise to the defendants de-fendants was exclusive The case was argued ar-gued and submitted In the afternoon the case of Fergus Fer pusonvs C E Allen involving the title to the office of clerk of the county court came up Mr Brown opened for the plaintiff and he devoted his time to discussing the act of the judges of election at Murray in refusing the votes of fifteen qualified electors which lost Mr Ferguson the office Mr Brown showed that these persons per-sons were entitled to vote that after their votes had been refused they did everything every-thing that the law required of them in order to vote Under these circumstances he held that the rejected votes must under the law bo counted for the plaintiff At the close of this argument court adjourned ad-journed until this morning when Mr Zane will reply for the defendantS |
