Show S SEEKS E S TO BLOCKI i WORK wo FOR WATER Homer Wi W Fl Pile Sut Suit t to Prevent I T Transfer fer of Rights to Cit City ASKS F ANCHISE NULLIFIED SAYS COUNCIL PROFIT D j C In Itt a complaint tO i f filed in ine inthe the e distrct cour court today b by Thomas Thornas Hom r Salt Salt Lake City and the Utah LIght Railway company the plaintiff asks that the ordinance passed Au Augi 4 gant grant grantIng ing the U Utah ah Light 8 corn com pany a franchise be d declared nul null and void oid A or order er to prevent the transfer of au any property needed t to e extend the water s system slet and relee relieve the tho a as a a consideration for forthe forthe I the granting or of the franchise referred to Is asked The III the coma com complaint plaint asIn tie tile pet petition ion praying an injunction to prevent Tuddenham TUddenham denham and and Barnes Barnos from vot voting voting I ing earler earlier In the month have to do wih with the poSition a occupied by certain of oC the councilmen and by the mayor maor to the Mayor Maor 1 orris Lorris was served wih with sum summons summons mons laste and latr Assistant iy V H Bramel wa served with a a copy of the complaint int Judg LeGrand Yount Young stated last evening that a far as he knew serice service ha had not bee way company on the tah Light Ral Rail Railway C Text of Complaint Te The cor complaint ant to be Wed tiled today tel fol follows lows in Cul full In Ia the the Third judicial distri t court In Inand Inand and for Salt Lake state of Utah State of oC Utah ex ex rol rei Thomas Homr plaintiff va vs Sal Salt Lake Uke City a corpor corpora lion and Light Railway corn com Dan plaint a corporation defendants Corn Com Complaint I I Comes now the and for cause i of acton against the thO defendants alleges I as follows i iL L I That the relator now and for se set oral eral years cars last past has b been en a clUze clUzet t and h ala er of Salt Lake City state of 2 2 That the Sal Salt Lake City is now and for a number or of years ea last past ha h been a municipal corporation ratan or organized organized ard and existing under corp the tho laws laws of oC the tho state ot of Utah 3 That the Utah Light cm corn pany Is and for Cor several years last past hl has been a corporation organized and ex cx Sting under and br virtue of the laws or of the state of Utah and engaged inthe in the operation of a gs gas plant an light lightIng Ing ad and power plant for the purpose of at supplying the residents of Salt Lake City wih with g gas light and power and a street railway system In Salt Lake Cir City n Utah and the is Informed and believes and therefore alleges that sId said Uth Utah I Light Riwa Railway company now owns the franchises heretofore granted ted by the cl city of Salt Lake City Utah to the tho following I name named persons and corporations for ga gas gasI I I electric lighting and power r purposes viz D F Walker Sit Salt Lake pw Ogden Ogden Gas Electric Light company compan Pioneer Power company and Utah Power company and the plaintiff f t is Il informed J and 30 believes t that l tim said Utah Utan Light Railway company has purchased the franchise heretofore granted to or owned by the following named flamed corporations for street railway I purposes viz iz The Sal Salt Lake City Rn Rail Railroad road rond company and the Salt Lake Rapid I Transit Railroad company campan and said corn com company pany his has purchased and noW now owns fran franchise chise granted b by said sala Salt Lake Ite City Utah to other corporations and for electric and amI heating ad adother and other purposes Organization of Church 4 PlaIntiff is and believes and therefore alleges that the Church ot of Jeus Jesus ChrIst of Saints Is a Voluntary association b of individuals band banded ed together for commercial and religious purposes ad and that said church accord accordIng log Ing to It Its rules and regulations holds a conference of its Hs members and officers at Salt Lake Git City semiannually and has done so for tor a a number of y s last pat past and It has been th the custom or of said church At s said id conference to elect the then president of the church to the position of trustee in trust for tor the mern mem member ber or the church and said trustee In trust Is authorized in behalf of said church and Is Its members to transact In his name us as trustee In trust the bust busl I nS fleas or of sId said church and enter Into such contracts as he deems pro proper r for the pro promotion promotion motion of the commercial Interests of the church and Its members and he Is elect elected ed to said position by a vote ot of the mem members members bers said conference and plaintiff Is informed and believes that Joseph oseph F Smith a as trustee In trust trust holds and controls and has the legal tte title to a apart aPart part of the stock of the Utah Railway company which is held never theles for te the benefit In par part ot of Rulon S Wells els W J Tuddenham A F I Barne Barnes J 1 H F S Fernstrom E B H Davis and F T J Hewlett of and nud R it P MorrIs mayor ot of defendant Stilt City Ciu and other members ot of sid said church 5 That said church since it its Inception has ben been In pursuits and durin the last few year years it has greaty greatly extended is Its commercial enter es and i 1 now engaged In banking mercantile manufacturing railroading anti and various other pursuits and all of f the members of the said church hurch are In th the arlos commer commercial cal cial In which said suid church is engage engaged the Utah L Light h Railway c rp n and aft loC of said eter enter enterprises are b by the trustee In tull trust of sid church and slid and arising en enterprises Including those arising from the Ith Light RaIlway Ire are held b by the sid said trute trustee In trust for far the use and benefIt ot of tlC the COpartners O slid and the members of said aid church including R R Barnes S Wells Veis V T J and A F Bane i 6 6 PlaintIff Is i belee believes and therefore alleges that al all the property of tile the sId saId Utah Lah LI Light ht Railway company i is mortgaged for about and that I the actual value or of said property dot does not notI exceed and that about the OO abut year or orl l DOS Woodruff as as trustee Sn in trust I of the Church of Jesus eus Christ of Later Latter day Saints and the members of Ild IldI said church guaranteed the tho pa payment ment of bonds I issued by bJ tile the Pioneer Power company In Inn ina a sum In excess of and said n OO Utah LIht Railway company pur purchased chased the of sid saId Pioneer Power Jur JurI I company at and assumed said obligation of I said Power company and the theraid raid ald of the sid said trustee in treat 0 on behalf of the the Said Id chuch church and the tho thereof Including Rulon S V 18 W J Si A F Barnes amts I J 3 H Jr ce F s If E JL Ii IiI I DInIs Davis and amI Li J 1 Hewlet hewlett 0 of I and R B P F mayor mauor or of defendant t Salt Ll Lake City and others othOs is an exist elst In Pay Given f fth r Fr Franchise t 7 That the city of SAl Salt Le Lake Cf City Utah did on the da day of August 10 to the Utah RaIlway c company pan f a li the franchises 11 held by above abOH can nl and to It right to toI Use the gr ts of f Salt t Lake City for the period of o years Year rein 1 19 for br the hA of Ita its I tracks l therl and r pl l in eT eats on said eald tracks td f wih the right of stringing wires on poles In sl iwi j for Cor the purpose or of cond cUn electrical Cud nd laying wIres gS gag mIl Ins under the streets 10 for te le Ir pose pOBe of nd gs gas and gla Said franchise also for rates rates or of compensation to be paid b by sid said S salt t Jule Cl ond nd Is its for tor el elec talc lights p nd clec electric ric power and f r ral a faes fares and nd directly af the interest of al all citizens ot of the city ot of Salt bait Lake Tl The o mayor maor of Salt Lake Cit City did on the day ot at Aug qt lA DOS said ordinance As a aI I qt of the th for or Sl Salt Lake CIty granting said franchise the Utah 1 I cam company an Is to convey tt Sai Salt Lake City certain water tt or or power tights on the e Big Cottonwood creek together wih with certain parcels ot of oth land a and casements all of w which arc rc h herein ln lna particularly rt sJ do as follows W Al All the followIng described tact tract of land sItuated Immediately Granie Granite paper ml mill awl Beginning at corder No Nb I 1 which bear bears N 40 0 deg 07 mIn mInt mm W fet feet from the southeast corer corner o of t n 2 23 T f S H I 1 E BT S L B l H 57 deg oS H 24 iii It 2 feet to 0 a point S in bed bcd to I io cc k thence Jolt N 3 3 deg W feet to corner No thence hence N 57 51 deg 7 2 24 min mm E m 27 corner No o 4 thence S 3 32 des deg 3 Si min mm E to place or of beginning containing five acres mor or less lessi I Also a right of way and easement for tor all reservoirs dams bes conduits pole lines and the appliances and utIlitIes I connected therewith to be constructed b 1 the city wherever these may be located t now or i hereafter ire within m r 1 lands d owned by bythe the Utah Light Railway paI pa I within sections 23 3 6 and 5 25 townshIp Sh P 2 south range leas I east S L 1 B BAlso BM BAlso M Also all th the water vater rights and po power er rights In Big Cottonwood creek west of the Utah Power tail race owned b by the Utah Light Railway corn com company pany Including herein and particularlY meaning hereby the Deseret paper mill water power In saId creek the Granite pa paper paper per mill water power In said creek and i the Butler mill I water power w the latter iW j beIng rnY located te right g t at the mouth u eo of Big canyon and the two former I about a mile and about two mIles mUes re re b below Jow the mouth of said can canYon Yon yen Deeds to Pass Promptly S 8 Under the terms ot of said ordinance th the Utah Light Railway comI company an shall withIn sixty days froth its approval file with the city council Its written and DC ac acceptance of the same ad adall all deeds conveyances together with abstracts ot of title and upon approval of the same by a majority of the council and mayor the ordinance shall b bi published and It shall take effect sixty days das after tel Its first publication That said Utah Light RaIlway company has In accordance with the provisions of said ordinance accepted In writing the pro provisIons visIons and terms of the same and Is having prepared abstracts of title to and release of mortgage of and conveyance tor said property to be submitted to the council and mayor for final approval 9 The plaintiff Is Informed and believes and therefore alleges that the Utah Light Railway company will the he deeds conveyances and releases that are required by said sald ordinances and tile file its acceptance of the same together wIth said mic deeds conveyances and releases to together gether with abstracts or of title with the city council within sixty days the theat date at or of the passage ot of said ordinance and do all things necessary to b bd done b by it itIn itin In order to accept and secure benefit f said ordinance and that Salt Lake City will unless restrained accept the con and releases above provided for alt all things necessary to be done In order that said ordinance granting saId franchise shall be operative and effective Says Councilmen Profit 10 The city council of Salt Lake City consists of fifteen members that seven ot of these members Rulon S Wells A F Barnes W V T J Tuddenham P F S Fernstrom E II H parIs J H and F J Hewlett and R H P Morris the mayor maor of Salt LaKe CIty are now and for a number of years ears last past have been members of the Church of Jesus Christ t of Saints In good standing That Rulon S 6 Wells is one ot of the high officers ot of saId church one of the seven seen presidents of seventies and as such receives reasonable com compensation pen for his services from said church out ot of the funds of said church partly derived from Its investments Including its Interests In the Utah Light Railway company compan that W Y J tam iam and A F Barnes are bishops coun actively engaged in the work or of said church That eight votes vates were cast for the adoption of said ordinance In the city council or Salt Lake Cit City and seven votes otes were ca cast t against Its adoption and each ot of the said seven councilmen who be belongs belongs longs to the Church of oC Jesus Christ ot of Saints voted for tor the adoption of said ordinance and without the votes ot of each ot of said seven seen members said or ordinance ordinance would not have received the no ne necessary number ot of votes to have passed and wIthout the approval ot of the mayor who Is a member of the Church of JesuS Christ of oC Saints said ordin ordinance ance could not become operative That said ordinance is void and Illegal megal and should be declared null nuH and void old by this court because each of oC the seven members of the city council who belong to the Church of Jesus Christ or of Saints had at the time they voted for said an interest in ia the stock stack or of orthe the Utah Light Railway company 11 That said franchise granted by Salt Lake CIt to anid Utah Light Railway company Is a valuable property right and asset of said Salt SaU Lake City and said de defendants defendants will unless r restrained b by this court consummate said franchIse right In the defendant the Utah Light Rail Railway Railway way company and aud this plaintiff has no adequate or an any remedy at all at taw law Wherefore the plaintiff prays that the said ordinance grantIng a franchise to thC Utah Light Railway company be do de dared to be null and void and that the 1 Utah tah Light Railway com company pan be en enjoined enjoined joined from deeding conveying and re releasing leasing esing to Salt Lake CIt City the properLY herein described as a consideration for said franchise and from operating under said franchise and Salt Lake City be re restrained f trained strained from receiving sai said property as a consideratIon for the granting ot of said franchise and that until the application for Cor said Injunction can be heard an order be Issued restraining said defendants fd and each of oC thorn them from doing any of oC the mentioned acts and the plaintiff prays for such other relief as may be just and equitable ALLEN T SANFORD SAFORD Attorney for Plaintiff State County or of Salt Thomas Homer beIng first duly sworn depose and s says s That Is the plain plaintiff tiff nam d In the foregoing that he has rend said complaint anti and knows the contents thereof and the facts fact thereIn stated are true except as to those matters matten stated on information an and belief aDd as to those facts he be lieven It to be true THO THOMAS lER Subscribed and wor 1 t to before befar Seal me this day or of A August st DOS 1905 DOSy y V BENJ J Notary Public I |