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Show OGDEN HASAN INNING. The Streot Eailway Controversy Eeopened on an Appeal to the Supreme Court. WORKING THE CITY SOLON. - . i The Defendant Charges Borne Work in Star Ghamter The Day's Proceedings. The supreme court resumed its labors lab-ors on schedule timo with Chief Justice Zane and associates all present. In the absence of any opinions the large number num-ber of attorneys filed out and court proceeded with formal matters, tho first case in the order being that of II. H. Henderson et al. vs. The Ogden City Railway Co. As a companion issue" is-sue" that of Henderson et al vs. The City of Ogden was called. Mr. Rhodes, the counsel for appellants, stating that as the same principles wore involved he would permit The Fat of th On to govern that of the other, whereupon arguments were begun. T'iis is an appeal from an order granting a temporary injunction made upon the hearing of an order to show cause why injunction should not be ordered. "The hearing was had upon the complaint and answer and the testimony of witnesses sworn on the part of the plaintiffs, the defendants offering no testimony. The complaint sets up that the Ogden city railway company was a corporation organized under the laws of the territory; that the defendant the Jarvis Couklin Trust company is a corporation organized under the laws of Utah; that defendant defend-ant is the owner of a street railway, the franchise for which was granted by the city of Ogden, upon certain terms and conditions, oue of which was that plaintiff should give a bond in the sum of $25,000; that on November 1st construction con-struction began, since which time the sum of t'8,000 ha Bom KxpeniUil; that it had exclusive right to certain thoroughfares mentioned in the ordinance. ordi-nance. That on the 9th day of November, Novem-ber, said defendants at one occasion in the morning took possession of the road bed and track of plaintiffs near the Ogden river bridge, at which point they proceeded to the laying of permanent obstructions to the further prosecution of work by plaintiffs; that said defendants defen-dants give out that they are about to construct an electric railway and that a resolution authorizing its construction was before the council. The defendants allege upon information infor-mation that plaintiff Henderson, acting in behalf of other plaintiffs, claims to have a large number of the city Council I'nder Hi Control and that the resolution referred to was prepared by him and that one S. M. Preshaw, a member of said council, secretly consulted with Henderson, in the Ogden club rooms with reference to its introduction, by Freshaw for the express purpose of attempting to give some sort of color or excuse to plaintiffs to do what they had na right to do' Defendants admit upon information that plaintiffs have knowledge of what the council proposes pro-poses to do in the future. Upon its submission Judge Miner allowed al-lowed the injunction which the defendants defend-ants now seek to dissolve. Messrs. T. J. Hudson and L. P. Rhodes are attorneys attor-neys for appellants nnd H P. Hender son and Ogden Hiles and Kimball and Allison for respondents. Arguments were made and the case submitted. . . . a. i |