| Show Will Ib G o W WATER f f FRANCHISE Validity of Ordinance is Attacked On Constitutional and Other Grounds COUNCILMAN WILL RESIGN 11 iloilo Will Thin Stull bull sull fur for of ter ow W Ilo for r Ogden n Aug 11 granting by 11 the god n oily elty Cit counell oS oJ 1 n ar frau fran franI rau c I in glee to the Ogden Waterworks com conS j pany In la I to 10 be l In iu the Hie courts court the tho thoI I ili cipa grounds on the case ra u is uto to ui be 1111 tested will III b be that It IK In In viola of ot the of ot Utah mah and aid alldIS UK os Irregularly The Th constitution ullon ur of Utah article 3 I Ir i r n 6 provides that No 0 shall directly or Indirectly i t J a i ase f I foil pell Allen alien or of oC any an WIt wt n le water or ter Ir sources of or oratH atiT atH supply now 1101 or hereafter to be bei I i led fled or Controlled 1 liy by II It but all such luch irke rk water Ier rl HIM and pourcH it of water supply now owned or hire here rU r to IJ l bE e acquired by II any II II municipal i rr 10 ra II on shall be Iii preserved main maint t lined 1 and operated by h It for tor supply ne fil Iti its Inhabitants with water at roa rl s p enable Provided that noth il K q herein contained hall shall he be construed COliS trued o any sudi luch municipal corio t I atlon allon from exchanging water rights or sources of or water tracer supply for tor other WI wa tr rights or sources or of wyer supply or of equal value aluE and to bo Le devoted In like Ilka manner to the public needs needA of or its n nl 1 l It Is ls also ale claimed that the franchiso ns a Irregularly paused passed by h the city The rules of ot the council pro provide IrO IrOIde vide tide Ide That any 1111 ordinance to become a I law Iw must be read three times before the t 1 18 e council and that one olle week must raun l au alii between earh Pt that In or order order der lIeI to suspend the rules and aull pa pass si an finance on more than one reading In Intine tine une day la It U must bo ho done on In a n three vote ote It U Is Maimed claimed by b those opposed ir ld to the proposition that there wire ure in attendance at the city council the night the tho was 1 af eJ only nine line members membra and that on the vote oi to suspend the rules and p 1118 ss tho the ordinance on Its second read reading tog ing Ir the to stood six alx for tor and three e against Expending the tIe rules which was as only on a 1 vote ote and ami am there therefore r tore fore It WM wai lost but notwithstanding this fart fact the council passed lUlled the ordin an ame e on its II second reading and there lore the passing of 01 the franchise Is not lId these the e two grounds u 11 number of 01 others will be advanced to prove grove that the tho action of o the city elt council In to II granting r the franchise and the may mayor ma maur I or ur In signing it tt was wog not proper or and Mat hat the franchise U is I void old Those Thoe backing the 1111 opposition to tho the have hn vr ed Judge Judg harlea Uey Dey Ue of or lain n City It and tty Atty tt J I D Skeen en t to tn prose f the thi and they the will 11 today going thai thorough thoroughly illicit illicitly ly I nver OIo r the points In III the lie caw case a c and pre complaint paHn a I Ait Arty It hII lh it h behalf of ot Ilse h hi client I also tit sent III n communication In to Pity City Auditor Sirs Mrs 11 0 O Stanford In III rUI IIII her hep out not In to l Mie the warrant drawn n in III favor of the Ogden Waterworks company for tor 1000 In full payment of lIt all nil judgment hy hydrant Ii h drant Brant etc tc hold held by hJ thrill them against Ogden 01 01 11 City a R similar notice lm this hils been blen served on 1111 City Treasurer Tra Moye Moc with that If Ir ouch R a 1 warrant Is drawn or cashed Mr f Skeen ke n 11 hold them there with their bandsmen rep Atty AU sk en stated last IR t evening that the th fight light the tho granting of ut lino franchise Is h backed by II h many prominent citi citizens I zens as nl well as aJ the th real leal estate deal dealers ers en The Ogden bonds which have lIao long been lIeli on In th the market to were rr pur purchased ur chased by b David Bevies esterday e who will sell part of o C tho the anin samo to othor Individuals who ho may mil choose choo o G t to tn buy The case cane promises promise to 10 bo ho vigorously vigor Igor vigorously 1 fought by b both bolh sides aides and to bo ho bovery beI of oC very I Interesting the outcome which will 11 be anxiously l awaited by bythe b bythe the public In general I who nee are awak to the importance of or the matten mat matters matter ten ter Involved |
