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Show - 1 . i.. v , ; . - v.- i 1 .. v. , Ju Scccnd Suit Is Filed by Ttiams Ilcncr (o Prevent. Surrender cf City's Rights to Lijlit Company. Injunction proceedings to restrain the Utah Light ana Railway company from operating under the franchise granted by Salt Lake City on August 4, restraining Salt Lake City from accepting thejand in Big Cottonwocd canyon that Is to be deeded over by the Utah Light and Railway, Rail-way, company In consideration of the franchise, ane praying that the franchise be adjudged invalid, was filed in the District Dis-trict court today in the name of Thomas Homer. ... t Alr- l0"161-- who ! president of the Salt 1 1 e ,ReaI E"tal association, states in r is suit that the Mormon, members of the Council end the Mayor, as members of the church, have an Interest in the granting grant-ing of the franchise, as the church owns "interest In the company. The text of the complaint Is as follows: Text of Complaint ; ' t'th. tx rl. Thomas Hora.r. ? , ,l1U?i I'- Salt L,k corporation, an-! utaft. Ujht and Railway company, a corporation, corpora-tion, defendant dpmplalnt Come, now th. pialntlfT and for caus. of J,..n h. Uef-ndant. alleces as fol- i-Thrt.lh" r,',or now end for several 'V o P.Mt. h" bn- cltlzn ni pVot alt Lak City, state of Utah. i. That th. defendant. Bait Lake City, 1 now and for a number of year, last past has been municipal corporation, organised end exist-ng exist-ng under -th. laws of th. Btat. of Utah. 1 ,h. Utah Light and Railway com-J-any and for serial years past has been f01"8''0" organlred and existing - under rr??hby VnU 0t th Uw of h St t ii . d i',n'ae1 'n he operation of a caa Plant, an electric lighting and power plant, tor the urpoe of supplying th. residents of J?JiL.C"7, wUh "ht nd power, "7t.r"W,ay tem in Salt LaK. City I tah. and th. plalnttfl 1. Informed and bol 1 ih?" A", ih?r'or that aald Utah rf-ij.iiT'1 J,vf' company now owns th. i.i ? ? V t!reofor STanted by. th. City of Lnl ltah to the 'oolng named per- ff" s nl corporation, for gas. .lectrle llght-,lOW1 llght-,lOW1 T.urvov- vl: D- Walker. S?mnhTe 5.n1 dS.n Ga" Bnl Electrlo Clght company. Pioneer Power company and Utah r'eLnmPan and the Pl'ntlff 1. Informed VLill'Z? thatv ,ne aM L'th Llsht and witmfany. ha" Puhad the franchlM KTTi ofDr trsnted to or owned by the following follow-ing named corporations for street railway pur-Mn'v' pur-Mn'v' Jh8cB!,lt.Lak C,,y R"road Mom- .i'JJ,.th Salt,Lk RPli Transit Railroad Rail-road company, and .aid company haa pur- "Tdt.anT n.ow.ow,ul franchise, granted by tlL . j!..Clty- ,!un- to othr corpora, fc. ndLnd,'vJJual" 'or electric lighting and neating and other pu ru ses. Ownership of Church. v ' 4. Plaintiff la Informed 'and believed and Chrlet of Latt-r day Saints Is a voluntary as-sr-clatlcn of rndlvlduals landed toJetW for commercial and religious purpow.. and that ?f ,d.C1U7'.h' accora'ng- to It. rule. d reguia-tlons. reguia-tlons. holds a conference of Its member. Tan .f1f'E,.at8"t CUy- Uta?mu.i.'ryd, ana haa on. m tor. a number of year, la.t past, and It ha. been th. cu.tom "7 d church at said conference to elect th. than president f th.' church to the pesltTos of :r1ftCn.trU"t fo.I;tne ""nber. of Se church. K?f S d..MU!.' 1" trUst '"thorlsed Into. .f.f ald church and Its members, to transact trans-act In his name, as trustee In tru.t, th. busl-,r??,.Cf..",K1 busl-,r??,.Cf..",K1 2"Urch and n,r '"to ch con. J, ?S " h df m". pro,r' th. promotion of the commercial Interest, of th. church and Uv "IT.."; "nd ne 'l,!tl to said position by a vote of the members attending said conference, con-ference, and plaintiff 1. Informed and believes that Joseph F. Smith, as trustee In trust, holds and controls and hss the legal title to a part of the stock of the Utah Light and Rail-way Rail-way comnanywhtch Is held cevertheles. for the benefit,. In part, of Rulon 8. Well. W J Tuddenham, A. F. Barnes, J. H." Preece F 8' Fornstrom. .K. H. Davis and F. - J. Hewlett! Councllmen of. and R. P. Morris. Mayor of defendant Salt Lake City, and other mem-bT8 mem-bT8 of said .church.. Light and Railway company shall within sixty days from Ita approval tile with the CMy. Council Coun-cil Its written and acknowledged acceptance of th. same, and all deeds, releasee, conveyances convey-ances required, together with abstracts of title, and upon approval of the same by a majority cf the Council and Mayor, the ordinance shall b. published and It shall take effect .Ixty day. after it. first publication.. That said Utah Light and Hallway company haa. In accordance with th. provision, of mid ordinance, accepted accept-ed In writing the provision, -and term, of th. same, and Is having prepared abstracts of title to and release of mortgage of and conveyance convey-ance for Mid proper, to be submitted to l(. Counotl and Mayor For final approval. t. The plaintiff Is Informed and believes and therefor, alleges that the Utah Light and Railway Rail-way company will execute th. deed., conveyance, convey-ance, and releases that are required by said ordinance and file Its acceptance of the'same together with said deeda. conveyance, and re-lesse. re-lesse. together with abstracts of title, with the City Council within slaty days from th. d.t. of th. passage of said ordinance, and do all things necessary to be done by It, in order to accept and secure benefit of Mid ordinance, and that Salt Lak. City will, unl... restrained, accept th. conveyances and releases above pro- i vlded for and do all things necessary to be don. In order that Mid ordinance granting Mid franchise shall be operative and effective. Regarding Mormons. . v 10. Th. City Council of Salt Lak. City consists con-sists of fifteen members; that seven of these members, to wit. Rulon 8. Wells. A. F. Barnes. W. J. Tuddenham. F. S. Femstrom, E. H. Davis. J. H. Preece and F. J. Hewlett, and R. P. Morris, th. Mayor of Salt Lak. City, ane now and for a number of years last past have been member, of th. Church of Jesus Christ of Latter-day 8alnts In good standing. That Rulon 8. Wells is on. of the high officers of said church, to wit. one of the seven presidents of the seventies, and a. such receives reasonable compenMtlon for his services from Mid church, out of the funds of Mid church, partly derived from Its commercial commer-cial Investments, Including Its Interests In the 1'tah Light and Railway company; that W. J. Tuddenham and A. F. Barnes are bishops' counselors, actively engaged In th. work of Mid church. That eight vote, were cast for the' adoption of Mid ordinance In th. City Council of Salt Lake City and -seven votes ,-wer. cast against Its adoption, and each of the Mid Mven Councllmen who belong to the Church of Jesus Christ of Latter-day Saints-voted Saints-voted for the adoption of Mid ordinance, and without the votes of each of Mid Mven members mem-bers Mid ordinance would not have received the nececMry number of votes to have passed and without the approval of the Mayor, who Is a member of th. Church of Jesus Christ of Latter-day Saints, said ordinance could not become be-come operatlvV That Mid ordinance Is Told and Illegal and should be declared null and void by this court, because each of the seven members of the City Council, who belong to the - Church of Jesus Christ of Latter-day Saints, had at the time they voted for Mid ordinance an Interest In the stock of th. Utah Light and Railway, company. 1L That Mid franchlM granted by Bait Lak. City to Mid Utah Light and, Railway company Is a valuable property right and asset of Mid Salt Lake City, and Mid defendants will, un-leM un-leM restrained by this court, consummate Mid franchlM right In the defendant, the Utah Light and Railway company, and this plaintiff has no adequate or any remedy at all, at law. Value of Franchise. Wherefore the plaintiff prays that the Mid ordinance granting a franchlM to the Utah Light and Railway company be declared to be null and void, and that the Utah Llxht and Railway company be enjoined from deeding conveying and releasing to Salt Lak. City the property herein described as a consideration for Mid franchlM and from operating under Mid franchise, and Salt Lake City be restrained from receiving Mid property as a consideration considera-tion for the granting of snld franchlM. and that until the application for Hid Injunction can be heard, an order be Issued rmtraintnc Mid defen.lants and each of them from dolha any - of the above-mentioned acts, and rtrg-plalntlff rtrg-plalntlff prays for such other relief as may be just and equitable. ALLEN T. BANFORD Attorney for Plaintiff. State of Utah, county of Salt Lake sa Thomas Homer, being first duly sworn 'deposes 'de-poses and says; That he Is the relator named In the foregoing complaint; that he haa read Mid complaint and knows the contents thereof.-and thst the facts therein stated are true except as to those matters stated In information informa-tion and belief, and a. to thorn facts a verily believes It to be true. THOS. HOMER Subscribed and sworn to before me this 28th day of August, 1905. W. BENJ. PUTNAM, " . (Seal.) . , Notary Public Commercial Pursuits. 8. That said church since Its Inception has been engaged In commercial pursuits and dur-n dur-n the last few years It has greatly extended Its commercial enterprises and is now en-Caged en-Caged In banking, mercantile, manufacturing allroadlng and various other commercial pursuits,- and all of the members of the said church are corpartners in the various commercial commer-cial enterprises In which said church Is en-gsged. en-gsged. Including the Utah Light and Railway Rail-way company, and all of said enterprises are cc.ntrolled by th. trustee In trust of sold church, and the profits and proceeds arl-ing from the commercial enterprises, inclnd'ng those arising from the Utah Light and Railway Rail-way company, are held by the said trustee In trust for the use and benefit of the co-cart-ners and the members of said church. Including Includ-ing R. 8. Wells, W. J. Tuddenham, A. F Barnes and J. H. Preece. - Obligation of Company. l Plaintiff Is Informed end believes, and therefore alleges, that all the property of the bald Utah Light and Railway company Is mortgaged for about W.S00.000. and that the actual value of said property doe. not exceed W.OOO.OOO. and that, about the year ms, Wll-fc-rd Woodruff, as trustee In . trust of th. Church of Jrsus Christ of , Latter-day Balnta. snd the members of ssld church, guaranteed th. payment of bonds Issued by the Pioneer Power company In a sum In excees o. ooo and eald Utah Light snd Railway company purchased the plant of said Pioneer Power company and assumed said obligation, of said Pioneer Power company, and th. said guarantee guar-antee of the aald trust- In trust on behalf of the said church and the members thereof Including In-cluding Rulon 8. Wells, W. J. Tuddenham A F. Karnes. J. H. Preece, V. 8. Fernatrom. E. H. Davis and F. J. Hewlett, Councllmen of and K. P. Morris. Mayor of defendant Rait J-ake City, and others. Is an existing obligation. obliga-tion. , ,v Franchise Granted. .' ' 7. That the City Council of Bait Leke Cltr Utah, did on the 4th day of August, 19u5 -rant to the LUh Light and Railway company a franchise consolidating all the franchises now held by It' and above enumerated, and granting grant-ing to it .the right to use the streets of Salt Lake City for the period of fifty years from July 1st. ' 1905. for the purpose of laying Its railroad tracks thereon and running and operating oper-ating cars on said tracks, and, with the rlrht cf stringing wires on poles In said streets for tbe purpose of conducting electrical en.rsv and laying wires and gas mains under thi streets for the purpose of conducting electrical 'my, "nd ."nd a,d tnnchSm lso provides" pro-vides" for rstos of compensation to be paid hr said Halt Lake City and its citlsens for electric elec-tric light, and electric power and for straot railway fares, and directly affects the financial finan-cial Interest of all citizens of the City of gait Lake. The Msyor of Salt Lake City did c the 4th day of August, 106. approve said ordinance. As a part of the consideration for Salt Lake City granting said franchise, the rtah Light and Railway company la to convey to Salt Lake City certain pretended water or power rights on the Big Cottonwood creek together with, certain : parcels of land and eaaementa. all of which are herein particularly described as follows: Properties Involved. All the following described tract of land situated situ-ated Immediately north of th. Or. nit. paper mill, to wit: Beginning at corner No. 1. which bears N. 40 feg. 07 mln. W. 1578.1 feet from the southeast -corner of section 23. township J 8.. rsngo 1 E..' 8. L. ' B. M. ; thence 8. ST dg. 24 mln. W.. 175 feet to comer No. 1- a l? .! 1" ot Bll Cottonwood creek: thence N. 12 deg. M min. W.. 792 feet to corner No. S; thence N. 17 deg. 14 mln. E.( r7S feet to corner cor-ner No. 4; thence .8. K deg. M min. E.w 7J feet . to place of beginning, containing Jlv. acre, mora or lesa , - Also a right of way and easement for ali reaervolrs, dams, dltchea, condulta, pole line, and the appliances and utilities connected therewith, to be constructed by th. city wherever these may be located uw or hereafter here-after within lands owned- by the Utah Light and Railway company, particularly within sections sec-tions 23. 2 and 25. township 2 aoutb, rang. 1 east, 8. L. . B. A M. , Alao all th. water rlghta and power rights In Ufg Cottonwood creek weat of the Utah Power compeny'a tall race, owned by the Utah Light and Railway company. Including herein and particularly meaning hereby the Deseret paper ' mill water power Mn aald creek, the Granite paper mill water power in aald creeit, and the Butler mill water power, the latter being located right at the mouth of Big Cottonwood Cot-tonwood canyon, and the two former about a mile and about two miles respectively, below the mouth of said canyon. t ' Companj Has Accepted. ' Voder tbs terms of said Ordinance th. Vtait . |