Show UTAH LIGHT RAILWAY ORDINANCE IS PASSED Injunction Directed Councilmen Wels J Tuddenham ham and Barnes Granted and Then Dissolved Thomas Homer Romer Alleges in Petton Petition They Are Financially ested Because Officials ir in Mormon Enacts Compromise Measure A PTER Judge Gerbe George G Armstrng Armstrong of the district court Jd had td Issued an I II I dissolved a an order restraining Councilmen RulO Rulon S we Wells W J Tad Tudd d denham nh m and A F tO front voting for the epro ordinance consolidating and extending the franchIses of te the Uth Utah Light Railway comp company O the ef city counci council at af lii morning p passed the by a vote of eight aye ayes t eevea noe noes The vote stO stood Aye Ayes Arthur F Barne Barnes E B H Davis F S Fert I E A A Harten Hartensten HartenStein sten Stein let lett J H Willm J Rulon S We Frank J Hew Hewlett Noes oes T R It Blac Black Gerge George D Den Dean A A J 3 Dpi Davis T Thomas H Hoba L L p Martn Martin C M iI Neuhausen n L J Wood Vo Application was me made sly shortly after olk yee et evening by Alien T Sanford attorney for Thomas Home Homac to judge Armstrong lg to fec a an Injun ton timi IH restraining Ute the ordinance f Wells Yell Tuddenham and d Bs Barnes fro from voting t T The reason al alleged ge in te the petton petition was s tat that t the th three councilmen In inc I Hone were financially interested ted In t the h measure bu thy they i in the church whIch hs grate the latee interest on Part or of t bonds of the Utah Light Railway coMpany J Judge Armstrong obeLe objected to taking the ap P pin tl I he did i have time to gh give e i It Ute the attention that I It deerve deserved and d h he sent Mr Sanford to Judge Jude But Judge ludge Richie Ritchie sad said he had mo more business on han hati t than he could attend to and sent Mr Ir Sanford b bs t to Judge 11 deide decided to isue issue a temporary restraining order which he di did mai i it it t returnable before JUdge C IV Morse at 10 a m August It INJUNCTION IS DISSOLVED Later In the evening at the solicitation of City Attorney C C De Dey arI wih with the consent of Mr Sanford Judge Armstrong s so cba changed hi his r order as to make i it returnable forthwith and he be her heard arguments and tv 1 dence In support of and against the petition of Mr Home Homer After hearing hering the testimony of Councilmen Wells Vens Tuddenham a I 1 Barnes Barne in which they emphatIcally denie tat that they wee were financially inter interested ete ested in the Utah Light Railway company JUde Judge Armstrong the temporary injunction In deciding against tie the contention or of lI Mr Sanford Judge Armstrong aim sim ply pho directed that the temporary restraining order b be dissolved He made mad 1 ii reI review ct ease but lut at various points as tile tHe arguments of counsel pr sonin lie he indicated that lie he was nt not b by Mr Sanfords lie line of rca upon the announcement of Judge Am Armstrongs desin decision 1 I is solving the order and releasIng Councilmen Tuddenham and Bare from Crom the he be had imps imposed upon tm them to rr we strain them from voting on te the Utah Light Railway ordinance th the ci re reassembled After pang passing Ue the resolution relating to the waterworks between Big and Parl Parleys ws n by a vote or of 1 14 aye ayes to 1 Do no sD sea casting the negative v te the ordinance consolidating a and et extending ng the Well Wells Uth Utah Light Railway franchises wa was taken up on motion o ed RUNNING FIGHT IN COUNCIL 1 Councilman Martin jumped up wih with a an objection h bat te the pent president that the taking up no of the ordinance was a II iv orde order I 1 move that we adjourn shouted Martin larin Second the tue motin motion exclaimed Hoba Hobday The motion was as put and lost by a vote of s ayes 7 t In e gha DR noes The loe moved i to refer to a but d did Do not ge e h lila motion artin sid said he had ele eaten a aad w was 10 o go aRho meal until nUI S 8 a ss m if nee to Ute the fra front ja t r rm this obnoxious ordinance coW down or our throats m tr rf l v tn a Mid w M be wl willing t to stay I session lOn oen ne da day i ordinance c C UM not pt put S Then U 1200 O Black t ko if the tae Uth Utah Lih Light RW coppy hi bad c Assistant City Attorney W H Bramel who a ake asked fo for a le legal cpu opi ion said the company was not put UP O as te the ordinance was wa t mat matter ter of negotiation Bargain and sale oh eh asked ke Blk Th The ordinance was as taen taken up and read once in Cul full Martin insisted that tha thai i it b be read In ful full aan again an and this was done Te Then Cowe followed ote other of avail tactics Wee o n no aVil One amendment wa was adopted Introduced by providing rr for senik tickets to school chi children rn at a rate not o to ee exceed fry fifty for fer SLY Art An oher other amendment put i In by w w J passed T This give gives Ue the COJal permission to extend Us its tracks on Seon Second Wet West streeL from to Ninth South streets and on West Vet Second South street from Jordan oa river to the city limits PROVISIONS OF ORDINANCE The which was pas passed b by the council lat last evening except the the amendments is in the form agree agreed on by Mayr Mayor Morris an anCy 1 Cy City Attorney Day Dey in behalf or of te the et city and Judge Le Grand Young Youn and an others in behalf of the Utah Light RUwa Railway company The ordinance I is regarded by those who have ben been defending the a as the rights of the public and as being In the bt best form possible unde under the it r Mayor Morris orri i 1st his leter letter to the council recommending the pg passage 11 of the ordinance gave the following a as It its commendable features the present maximum price for Cor supplying electrical p pergy en energy ergy for lighting and heth heating ad and for tor power for city pur purposes a as provid d n fl the you ou passe passed with a small additional reduction for incandescent lighting for a change in seh such pr prices hefter hereafter oly only by ar arment agro ment or arbitration the nee lad land for a reservoIr Intake works ar d conduit at Cottonwood cree creek and a relinquishment of the all e power right claimed by sid said company t to the wate waters of Cottonwood creek creek for railway tickets for us use by other compie companies to interurban ri rail railroads roads I It is due to the individual efforts of Councilman E A A that school children wi will b to purchase bok books at a rate Dt met or a tickets fare fre for lil and that wi will be s sold fr for ault adults at ft fifty for JUDGE ARMST ARMSTRONG ONG HEARS ARGUMENTS AND THEN DISSOLVES INJUNCTiON The opponents of Ute the ordinance granting to the th Light Railway company a a con of its varius various lighting and set Street and the uniform ext sn Of te the same s so that they wi run fo for years ers Jul July 1 1 scored a brief vi vie tory late yesterday afternoon when en of Thomas Home Homer Jul Judge Gere George G Armstrong of the curt court i issued sue S a temporary restraining order directed to Councilmen R S SWells Wells Vels IV V J ad and A F I Barne Barnes in they wore from voting for the slut were required to show caus cause before Judge C W Mors Morse at 18 10 a m in Aug ug a l why they should not flOt be P permanently en enjoined joined from s so But time the victory like Uke the I order was temporary for as son soon as I Mayor Richard P learned of the acton action of Judge Jude Am Armstrong he en eon with City Attorney C C Dey by j phone Dry Dey cled called up ANon AMen T for Thoma Thomas Hom and they met a few rom later in an inthe the council chamber where hOre the city cun counCil l was in session Case Once In view of the get great Interest Interests In involved Jud Judge e De Dey and Mr lr Sanford de decided clde that his bitt appU for a pr per permanent manent should be heard forthwith Judge ude r t wa was no notified of their and agee agreed to toso toso so modify the order as to tomake tomake make It returnable before hint him at once and he wet wont into his curt room i where he hear heard the offered I and the argument arguments of When hen henhe he had done so he the tern tem Doran writ Son Soon after I it beame became kown l iown that that Judge Armstrong would hear the case 1 last night ight CouncIlmen V ls Tuddenham ham hamand and Barne Barnes left the e cOuncil chain cham chamber ber and went to the court OUI room Be Before fore this was done Cit City Recorder J S low had been on the ro roaMing or of tIe the fol for the proposed waterworks conduIt a a yol vol document that required 1 rAar ar arIy ly Iy an hur hour to read Councilman Marti Martin to the completion of the reding reading of t tt s document declaring that the Eid purpose of reding reading i it at t t time was to keep the counci council tn in Sn son H He aYd other others trie tried to fre force an adjournment but the bt best thy they cul could do wa was to gt gf a re fr for thirty minute minutes taken Text of Complaint The complaint pente presented to tn Judge Armsrong Armstrong by Attorney Alen Allen T Sa Saford al alfor for ford attorney for Hoe Homer on the temporary restraining order at ar orde order to sw show cu cause were we based f flows lows Coe Comes no now te the plaintiff tiff ad and for eare a ao a as o of act action against t the defendants alleges Frt First that t the plaintiff nw now i is arid and f several ye yesra Jt past h has b been a citizen at an taxpayer ot of Sat Salt Le Lake City State c cUth of Uth Utah and t this suit on behalf rt of himself as such taxpayer and on haH himsl 3 a of al all oth other su citizens ad anti taper taxpayers ef f said ld city Second tt that t the defendants aE are me br hers or of te the ct city cuci council or of Sat Salt Lk Lake Ct State State of Uth Utah ad and member members ad and T Tor day or of the Saints Church o of Jes Jesus Chrt Christ of Later Latter dar hird Sint that the Utah Light is corporation organized an d company i a ad ade e existing under and by virtue o of the laws law of the State or of Uth ad and eDge engaged in to tho operation of a gas plat plant an eh electrA g lighting and power e plant for lb the purpose of rh supplying I n P the residents of Salt Like City with gas light ad and power ad and a a street railway g sst system In Salt Salt Lae Lake Utah and the plaintiff Is informed ad and and therefore alleges tha that sad said Utah Light Railway company TW ow own owns the franchises heretofore by te the ct OIL of Salt Lake City Uta Utah t the following aa named persons and corpor corporations oror I for gas el electric lighting t and L pow power er purposes viz D F Walker Salt l Lake Ogden Ga Gas Electric Light e company Pioneer Power company and Ut Utah Power and the plaintiff a is informed compa company a te i and beleve believes tat that to the sad said Uth Utah Light Railway c company has Cl tite I franchises i heretofore e granted to be l fo lowing named c corporations for street raUw The S Salt Lake it a aR v R ioe an and the Salt uh Lahe Continued on Page 2 2 I II I i I I i I i i UTAH I ORDINANCE IS S PASSED Continued from Page 1 i Rapid Transi Transit Railroad and andt salt company has franchises n granted t by said Sait Litke City Utah lt to other othor corporations and individuals fot for electric lighting ga gas lighting and h heat lt I lug Ing and other puros purposes President President Smiths Position I Fourth plaintiff is informed and be and th therefore alleges that the tho Church or of sus Christ of is a voluntary association of In banded together for tor commercial aa and religious and that said sahi curch church according to It Its rles rules and reg regu regulations lations holds a conference of Jt Its mom mem member ber bern ad and officers at Sal Salt Lake CJ City Utah and ha has done so for a number or of years lat last past past ad and It has been the tho custom ot of said church at said con t to elect the then president ot of the to the tho position of oC for Uc the members of the c church and ad qaid ald Is authorized In behal or of sad said curch church and It Its member members to transact In hi his nae name as tr the bus busi floss noss or of said church and Into such contracts ago ashe he deems proper for the pro promotion moton motion or of the commercial Interests of the church and It its members and he Is elected to said Bald position by a vote of the mem members bern bers attending said confer conference nce and plain plaintiff t tiff is informed and believes that Joseph JosephF F Smith mith ns as holds and control controls and ha has the Uie legal tt title e to a part or of the stock of the Utah Light Rai Rail Railway way company which Is held nevertheless for tor the enell In pat part or of the defendants ad and other member members or of said church Is informed and believes and therefore ale alleges es that al all the prop property crt erty ot of the said Utah Light Railway company ls mortgaged for about and that the actual value of oC saId property doe does not exceed 00 and that that about the tho year 18 Woodruff as true trus for tor these defendants and ot oth othor or er members of said church guaranteed the payment or of bonds Issued by tim the Plo fleer l Power ower company In n a sum In excess of and said Utah Light Ral Rail Railway wa way company In purchasing the plant of said Pioneer Power com company pan said obligation ot of said Pioneer Power company and th the said guarantee of the sid on behalf ot of these f defendant defendants and other Is an existing ob obI I I Wels Wells the High Officer defendant efon ant Rulon S S Wels Wells ls i one of the hIgh officers of sad said Church or of Jesu Jesus Crist Christ of oC Saints holding the position or of one of the seven presidents 01 of the thu seventies and ns as such receives reasonable compensation for his services from said church out of oC the funds or of said church partially derived tom from Is Its commercial Investments includinG IncludIng inG Ing is its Interests In sid said Uth Utah Light Railway company The defendants W J and A A 1 F Bane Barnes are bish bh bishops I ops counselor counselors and plaintiff Is Informed and believes tt that they drw draw compensation from the church for the time devoted to tor church work and they are directly inter interested ested r In n the commercial la enterprise t Z of r the way church company compan Including the Uth Utah Light Ral Rail Railway the said Utah Light Railway compan company ha has petitioned the cIty council o of Salt Lake k City Utah t to grant I to It a franchise rh consolidating o all the franchises now held by I It and abe above enu ad and granting to i It the right to use the tho streets of Salt Lake CI City for the prod period of oC ff fifty years ears from July uly 1 10 for the the purpose of laying Is Its railroad tracks k thereon and r running and operating nt i di r cars on said orr tracks and with t the right of stringing wires Ires on poles In said stets streets for forthe forthe the Durse purpose or of conducting electrical en energy ergy and laying laIng wires and gas mains un under Under der the street streets for the purpose gs 01 of conduct conductIng Ing electrical r energy and gas and said franchise also provides 1 esa for r rates es ag of c corn to be pad paid by sad said Snit Salt Lake Ct City ad and It its citizens for tor electric lights and electric pw power ad and br or street railway fae fares and directly affects the financial Lake Interest k st ot of aU all citizens of the city oJ of Sot Salt Alleges Vote Is Illegal i is informed and be bee and therefore e alleges t that those defendants as members C of the city w wen coun en elI ot of Salt Lake City Utah Intend to and wil will unless restrained by an order of this cour court vote for the granting ot of said franchise to the Ut Utah Li Light ht Rai Rail Rail Railway way company to t the Irreparable e damage and l Injury of thOl this plaintiff TJ and plaintiff fi |