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Show CAR COMPANY WILL FIGHT FOR A DOUBLE TRACK Work on First Street Hill Is Stopped by Order of Court; Mayor and Council Coun-cil Involved. All the track crews engaged In laying the double track for the Consolidated Railway and Power company, on the First street hill, were called off last night as the result of an order issued by Judge W. C. Hall of the District court, ordering Mayor Thompson, the City Council and the officials of the car company to appear in court on July 1st and show cause why they should not be committed for contempt in Ignoring an Injunction given by Judge Zane in 1891. Secretary Wells of the Consolidated company said today that while in obedience obe-dience to the court's order work had been suspended until the hearing of the case, the company would put up as hard a fight as legal ingenuity could invent, in-vent, for the purpose of securing the light to lay the double tracks. Judging by the company's, present attitude at-titude a long and hard legal battle may be expected. Mayor Ezra Thompson, the members of the City Council and the officials of the Consolidated Railway and Power company were cited by Judge W. C. Hall of the District court to Appear before be-fore Judge Thomas D. Lewis on July 1st and show cause why they should not be declared in contempt of court for Ignoring ( a perpetual Injunction against double-tracking the First street hill. The perpetual Injunction was issued by Judge C. S. Zane on January 4, 1901. An . affidavit . was filed by Former Senator Arthur Brown In Judge Hall's court late yesterday afternoon, alleging that a permanent injunction had been granted against the construction of the proposed track and that the City Council Coun-cil in grantingthe franchise to construct con-struct the second track had placed itself in contempt of cort. The affidavit also set out that the street car company was in contempt for having commenced upon the construction of the tracks. The permanent injunction was the result re-sult of a suit tried in 1890 and which was brought by Thomas W. Jennings. Spencer Clawson, Byron Groo. Arthur Brown. William H. .Rowe. Florence Dlnwoodey. Junius F. Wells, Priscilla Paul Jennings, Joseph A. Jennings, Charles S. Burton. Walter J. Beatle, Walter S. Clawson, James Jennings. C. O. Farnsworth and the trustees of Brlgham Young college against the Salt Lake City Railroad company, the Salt Lake Rapid Transit company and Salt Lake City. The following order was made by Judge C. S. Zane on January 4, 1891: It is therefore ordered, adjudged and decreed, de-creed, that the construction described in the complaint herein consist) of two tracks, one of each of the said defendant companies, to wit. one of the Salt -Lake City Railroad company, and one of. the Salt Lake Rapid Transit company, together to-gether with the potes and cross wires thereon and the trolley wire along the said cross wires, are hereby declared and decreed to be a nuisance. And it is further decreed that the said defendants and each of them be enjoined, and the said defendant Salt Lake City be enjoined from permitting the other two of said defendants from running their two separate cars along their said tracks, and an Injunction be permanently Issued to the .(Tcrf anil restraining and enjoining each of the said companies from running their said cars on the said tracks; unless, on or before thirty days after this date, said two companies, the 8alt Lake City Railroad company and the Salt Lake Rapid Rap-id Transit company, shall construct their tracks so as to run over one and the same track. In the center of said road, or, at their option, to occupy substantially the same ground with their rails placed upon the same set of ties, and corresponding rails very near together, so that the en tire space occupied by the two tracks would not exceed six feet in width, and to have the privilege of making one switch or turnout in the middle of the grade of said hill, not exceeding one hundred feet in length' from the extreme point where the rails begin to the extreme other end of said switch where the rails begin to be placed for the said switch, in the center cen-ter of said road; said track to be made to conform to the surface of the grade as It now exists and as it may hereafter exist, and to all the other conditions of their franchise, to wit, as follows: And if the said track ! not fixed to conform to the said condition, and both of said tracks laid so as to constitute only one track, on the center of said street, on or before thirty days after this date, then the said defendants are hereby permanently perma-nently enjoined from running their said electric cars on said tracks; and the said defendant. Salt Lake City, is enjoined from permitting the said other two defendants de-fendants from running their cars on said tracks, and the said defendants are en-Joined en-Joined from using any part of said street for the purpose of street railroad. It is further ordered, adjudged and decreed de-creed that said plaintiffs recover of the paid defendants their costs to be taxed. Taxed at $3.80. |