Show j I REGENT CASE DECIDED i t Judge Hues Decision Is Against Labor Federation 4 f i DEMURRER IS SUSTAINED t MORE SERIOUS CHANGES WILL ALLEGED + decision I the Feud Between Ash I and Connelly B Hilner Denies j I He Wronged His Brothers Estate Suits to Giiiet Title Decided Suti t Qaet Tte Pour Divorce Cases On I iI i I The first round in the litigation between I tween the representatives of the Utah Federation of Labor and the regents of the tate universitywas decided yesterday yes-terday by Judge Hues in favor of the defendants The regents demurrer to the plaintiffs petition for an order restraining re-straining the board from contracting strlnns with W H Honey for the erection of all three university buildings oa a lump bid to the exclusion of Grundfor Atkinson At-kinson local bidders who proposed to erect one of the buildings for lesa money was held by the court to be good and tcn days were allowed in which lo amend the complaint Case to Be Fought to a Finish The court having promptly decided one pbase of the question the labor representatives rep-resentatives by their attorney James H Moyle will lese no time in taking anew a-new tack and on Monday orTuesday an amended complaint will b filed The regents are ready to meet any issue is-sue and will waive time for contesting every point advanced by the opposition I promises to be a stubbornly fought ease and without doubt the supreme court will be called upon to adjudicate the question of the right of the regents to ontract with Honey In order that work may not be unnecessarily delayed on the university buildings both sides to the controversy will rush the series of court proceedings to the end Decision of the Court In passing upon the case Judge lilies yesterday held thai the question of nonjoinder of parties to the suit Snot S-not material Grundfor Atkinson being be-ing the real pat In interest but that the question of whether the Federation Fed-eration of Labor has the legal capacity to sue cannot be determined by a general gen-eral demurrer The demurrer was sustained because at stated o the dee of the complaint the boaid of regents adopted as the standard for measuring the lowest responsible re-sponsible bid the lowest aggregate bid Ion I-on the three buildings and Honeys bid was lower than Grundfor Atkinsons on the three buildings by 709 although Grundfor Atkinson were 657 lower for the physical science building No Charge of Fraud In conclusion the court stated that no allegation of fraud had been made nor that the regents had acted in bad I faith and that any charge of bidders having been misled by the invitation I for proposals was lacking in the record The court therefore allowed the regents re-gents answer to stand and overruir plaintiffs demurrer but granted ten days in which to amend the complaint I was stated last evening by counsel coun-sel for Thomas Morris et al sl Icris e a representing repre-senting the labor federation that the complaint would be amended immediately immedi-ately to show that local bidders were misled into putting in separate bids for each of the three buildings while f nOl got inside information the same as Grundfor Atkinson had received would that only be the accepted lowest aggregate proposal |