Show RIO GRANDE GR SEEKS AN INJUNCTION DIRECTED AT AI SHORT LINE FRANCHISE I Col David C. C Dodge ol of the Rio Grande Grande Western Railway company and other owners of ot real re estate estate along the east side of Fourth West Street t today filed Ian an Injunction suit against the Oregon Short Line to prevent that compa company company- y- y fr from m constructing constructing constructing con con- a track upon upon the the- east st side aide of the street in m question This Tho franchise which p permits the Short Line to build its Us track upon Fourth Fourt West street was gra granted giand J d by the City Council at it ii meeting meeting- of last week but was vetoed bY by the the Mayor and and andl l i last st at night was passed over over- the v veto The Plaintiffs' Plaintiffs Petition The The plaintiffs in irs the act action set out th that they are the owners of real estate Estate- on t side Ide of Fourth West street that the street streeta Is a only two ninety-two fe feet t twide wide from sidewalk to sidewalk walk and that the Rio Grande Vest Western Tn has a track near the centre Ill IU lUis is also set setout setout out t that the street contains many poles which are used for the carriage of electric light telegraph and telephone telephone tele tele- phone wires and that the track and poles are ample mple land and sufficient in every particular for the transaction of all the business required on the street sheet Rights Bights Were Disregarded It is declared that the City Council of Salt Lakes Lake el on May Mar in in- disregard of the rights of the plaintiffs and other ther property owners on the str street et granted to the Short hort Line a franchise for the operation of an additional track on the street At the same rame me time It is alleged the Short Line has had ample mple tracks and antI facilities on Third West Westi street for for- many years and that the the- company originally had i th the choice of locating on either Third or Fourth Fourt West streets long before the track belonging to the Western was was pl placed on on Fourth West the plaintiffs say that if the additional track is constructed It il will not leave over twenty nine feet and eight inches from the east rail to the east sidewalk lk and owners on the street willbe be obstructed la in convenient access to their premises and that thiat- the street will b be unreasonably unreason unreasonably bly and un unnecessarily obstructed The plaintiffs complain further further- that their property would b be greatly depreciated in value Other Charges Ma Made e In conclusion conclusions it i is that the Short Line by building about twenty twenty- five rods of track can now nour cross from front Third West Vest to Fourth West street to what is called the Garfield G-arfield depot between between between be be- tween First and nd Second S South uth streets and Third and Fo Fourth rU West streets and that there is no necessity for the company going from Third West to Fourth West street to build along the east side ide of the the lito Grande track Then follows the allegation n that un unless unless unless un- un less restrained the the- Short Line Lipe will wm proceed to dig up Fe West street jand nd construct the tra track k complained of land iad that the the company has tas not paid or offered to fo pay the the plaintiffs for fot the damage that they win wiiL suffer uffer If the track is constructed The plaintiffs 1 pray pa that the th Sh Short rt Line company be enjoined from ent entering entering enter enter- r ring ing upon the street 4 Judge Hall has gr granted e. e a temp temporary a y yr r restraining straining order an and directed the Short rt Line to show how Cuse on n May why the thel Injunction Injunction- should Injunction should not be granted COUNCIL OVERRIDES THE MAYORS MAYOR'S VETO The Th CI City y Council 1 last night night reversed Mayor Thomps Thompson's Thompsons ns n's veto of the fran franchise granting g the the Oregon regon fj Short hort ort Line Ine track privileges along the aSt of Fourth West street Only RObertson son and and Thomas Thom Thom- as voted voted to sustain sustain the t y r. r The franchise matter came before th Council in a communication from Gen Genera General General era eral Superintendent E. E We Welby YO of f the Ile Rio Grande proposing to build a depot and furnish a bond as a guarantee The only only- condition tacked on was that the Short Line track be run rundown rundown rundown down the west side of the street instead of the east In arguing l. l r g. g against against the granting of of- the In arguing l. l r g. g against against the granting of of- the franchise Councilman Robertson said that if the Short Line track were laid on the the- west side of Fourth West there would not have to be so many crossings and that Salt Lake would have two depots de de- de- de pots a. pots pots pots-a a. a Short Line LIne depot depot and a Rio Grande d depot p t. t Fernstrom said said- saidU U that at his bis opinion was that both union depot propositions were bluffs and he allowing the railroads to fight their own battles R Robertson b tried to have consideration of If the veto postponed for a week and Sharp Robinson and Tuddenham also argued for postponement Tile The Council finally went Into committee committe commit commit- te tee of the whole and Attorney Parley L. L Williams for the Short Line and Waldemar Waldemar Waldemar Wal- Wal demar V Van n Cott for the Rl Rio Grande given a hearing Mr Williams Williams' argued argued argued ar ar- gued that the Rio Grande was s obtaining virtually everything in itt the franchise under discussion that it would get if the Oregon Short Line track track- was moved t to the west side sid of the street Mr 1 Van Cott urged that to locate the Short Line track on t the tae e west side of the street would ot Injure th the city at all would Injure the Short Line very little and it would give the city a de depot depot depot de- de pot and a 1000 depot of the alone S Superintendent Young of the Short Line and Superintendent Welby of the Rio Grande explained with a map their opposite ideas of the switches hea and cross crOss- ings inga I |