Show I I t OGDEN i IS RESTRAINED Judge Marshall shall For ForS S Water Yater Company C CONSUMERS C I IS PAY p pr S r t CITY CITY HAS NO RIGHT a TO I TER PERE FERE IN IN TEE MATTER i S The Ogden city council the Junction of police p e force and other officials must not hereafter Interfere with the th valves s hydrants or other property prop I j erty of the thern Ogden Waterworks corn com company pany Yesterday Judge Marshall In the I United States Court granted a tern tem temI I Injunction which will viII prohibit any an interference by the city ity or its of with iUt the company sat sated ed ed Judge Marshall holds h that those who use water watter ater be required ired to toX X pay pov aV r for r It tt It is his hl judgment that the city of or Ogden Og had no right ri ht whatever to Inter Interfere fere lere fer with the of the company when they shut off the thew water te f rom de delinquents The plant did dd not belo S Sto to the city even though the municipal municipality t ity dots hold a a it It Jt was vas improper in the opinion of the thO court for tor the city to attempt to secure possession of the property without due process of ot law lawS S Senator E B M Id Allison Amson leading coun counse sel se sd for the company was much pleased at t the opinion of Judge Marshall arshall an and 01 the accompanying injunction We got everything we Wc asked for said he and hereafter we will vill not be interfered with withIn In lit spite of the great interest that thal attaches to the case ca e both in this ly and in Ogden only a small knot of peo pie had assembled in hi it the federal fe ral court at tIt t 10 yesterday morning when wh n Judge Marshall took the bench to his decision It was given orally with a runni running g comment on ott the evidence and the law governing gO the case No Right Bight to Interfere The judgment lien held by the tite he city cit he lie maintained at the outset gave gao ga a the tho th municipality up j Whatever to die dl tate how the tb plant pl nt should be operated of ot to exercise any an control over it i While he was as not willing to say ay that the council had 1 to take the thu I waterworks away from the company compan the trend of the evidence was as certainly cert that way was S Judge Marshall feel fed justified iu in enjoining the council from passing p ming any more resolutions such as those on March 16 and March 22 2 in which the citizens were requested to enter into no contracts c with the water company and to pay no rates to any body There was fran doubt in the mind of the court as to whether or not he could legally l gally grant such an injunction l Uon any anyway anyway way wa He therefore declined d to pass on the question S The Phe question as to whether the tile dom com company pany or the citizens owned own d the service pipes and hydrants was not material to the case and no judgment as to that was given The control of these pipes and hydrants evert though they might belong to the tho citizens must ba b in the hands bands of the company for otherwise I It t would be unable to cut tho the oft off from delinquents as it had the thc sole right to do doThe I The Tue ts rights along alon this line were exercised steadily and continuous continuously ly without question asto aste aSe J their legality until the council passed the resolutions referred to Tilie Ilbe resolutions Judge Marshall thought were called out by the notices sent around by the com corn company pany inny telling their patrons to settle their bills and und enter Into new S Z J The lien B huse dhuse of o its judgment lien Hen the city seemed to think It had the right to t take possession of the waterworks ks plant This was not correct There were two ways of enforcing such a lien One was WR to enter into peaceful slon of ot the property by agreement of the parties and the other was to file filea a petition asking the appointment of a receiver r Neither cot these steps had been beon taken Referring again to the resolutions of or the council Judge Mar Marshall Marshall shall said S SNow Now tey do not say in those t ose reso resolutions resolutions resolutions not to use the thew water ter or in other words to boycott the company They only on ask the citizens not to pay for the use of oC the water That is not right There seems to be some sort of agreement between n the defendants perhaps not considered as an agree agreement agreement ment by them to prevent the payment to the plaintiff of water ater rentals due it There is no justification for any an action which prevents the collection of water rentals r and anti still allows the tile 1st usi Qt the tIte water by those who are Ire delinquent in their payments for it Judge Marshall referred to the alleged conversation between Councilman Ab bott and County CoUnt C Commissioner Wilson In which the former was quoted as an say nay ing that the county ought to stand by the city and get possession of 01 the Waterworks Mr Abbott had filed flIed an affidavit denying the ut use e of 01 the lan Jan guage attributed to him but said Judge Marshall Mar hall he does not deny say Ing something similar to it The injunction which was issued late yesterday yest afternoon warns the mayor ma or and council of Ogden together with I their clerks agents servants attorneys attorneys attorneys employees officers workmen and subordinates against interfering In with the company in fri I Its is efforts to collect water rates or Qt preventing It from turn turi j jug ing off the water from delinquents S A bond of was as from the plaintiff the thc Ogden Waterworks company It was signed by b Judge Thomas D Dee and David D E l s nUll and was wan approved ved by the court bourt |