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Show SAII Utt CITl Likewise Answer in Suit to Declare De-clare Franchise Ordinance Ordi-nance Void. WHAT GROUNDS FOR THE HOMER SUIT ARE Declares Mayor Morris and Seven Mormon Councilmcn Personally Interested. Salt Lake City filed In District court 1 yesterday Its demurrer and answer In tho suit of tho Stato of Utah ox rel. Thomas Homer against tho. city and tho Utah Light and Railway company, to declaro null and void the ordinance passed by tho City Council August -J, granting a franchise fran-chise to the Light and Railway company. Tho ground of tho Homer suit Is that Mayor Morris and seven members of tho City 'Council who voted for the franchise had, by reason of their membership in the Mormon church, a personal Interest Jn the paHflago of the ordinance and hence wero debarred by tho Constitution from voting upon It. The petition asks for a restraining ordor to prevent tho transfer of property to tho city named as ono of tho conditions of tho frnnchlac. Tho city's demurror. which is signed by C. C. Dey and W. II Bramel as attorneys for tho city, Is as follows: Here Is Demurrer. Comes now Salt Iiko City and demurs to plaintiff's complaint herein on tho following B round 8 : 1. That Fnld complaint do on not ntato fnct3 sufficient to conntltuto a cause of nctlon. 2. That plaintiff hint no legal capacity to nue herein, In this, to wit: For that It nppeart? upon the face of sAld complaint that tho relief eougIU thereby is private nnd not public, and that tho Stato of Utah has no power or authority author-ity to Intermeddle, herein or to become a party herein. 3. That for tho samo facts and reasons set forth In paragraph No. 2 hereof, there Is a misjoinder of parties plalnllfT, In that tho Stnto of Utah Is made party plaintiff herein when It appears upon tho face of said complaint com-plaint that Thomas Homer should be the plaintiff plain-tiff herein. t Says Complaint Is Uncertain. A That said complaint Is uncertain In that it falls to show whether the alloired Interest of wild Councllmon and of said Mayor In tho fruits and bonellts of Knld franchlra and In hnUl church Is a financial or a moro speculative Interest, and nleo that It falls to show the nmount or extent of such Interest In tho fruits of snld franchise. The City's Answer. ComcH now Salt iJiko City and, answering plaintiff's complaint heroin, admits and denies uh follows: 1. Admits that relator now In and for several years has been a cltlzun and taxpayer of Suit Lake City, Utah, admits that Salt Iko City Is and at all times mentioned In said complaint was a municipal cunxuntlon encaged In and at nil times mentioned In said complaint was a corporation engaged In operatlnc public utilities utili-ties In said city under certain franchises ns alleged In said complaint; admits thnt on or about AUKU91 I IMS, the City Council of Salt I.ako City passed an ordinance con9olldatlnc tho several fmnchlpcs of wild Utah Light and Railway company nnd extending eamo until July 1, 19.VJ. Admits Approval of Ordinance. Admits enld Mayor signed and approved said ordinance, admits that said company, umonp; other considerations and benefits granted and to be granted to said city nnd tho pooplo thereof. there-of. ! to convey tht properly in ?ald complaint described to said city: admits that tho gentlo-men gentlo-men named as Councllmen and Mayor of raid city aro such, and that somo of them nro members mem-bers of fa Id church. Denies Allegations. As to tho remaining allegations of said complaint, com-plaint, this defendant donle.i any knowledge or Information thereof sufficient to form a belief, be-lief, and upon auch ground denies each and every allocation of said complaint not herein ' expressly admitted. Defendant prays that snld complaint be dismissed. dis-missed. The petition is set for hearing before Judge Moi-Hc on next Monday. |