Show COURT cOuY RULED IN INI FA FAVOR OR OF HOMER I Demurrer of Defendants In Fran Franchise Franchise chise Case Over Overruled ruled SUIT TO ENJOIN COUNCIL Ill Io Irei cut it Il hun nd to t II Th of to 0 the filed by br Thomas against Lulu Lake CIt City to Cornier r lIle I Mayor Morris and eight o otho of time tho Cornier city council tu to enjoIn theta II a mud ox ex tensIon o of tIme the life lite ot 01 the tho owned b by the thc Utah Light Hallway co company 1111 hUB has overruled by Judge Morse ot of the dIstrict court and the thc been granted 20 21 I within t luck I t The decision Morse lit the Court or of Sail Lake CourtlY count Utah etc Suit Stilt Lake City et t ul al uIe dc In Iii the cn case l lit of the tho o of tt dt the tho relation ot of Homer Salt Hall et nl n a demurrer to 10 tItu a 11 11 has hns been lit U It I id idI It I t is hi tel III I ii IIII lit In I it hue I CillO that the Iho of at Christ if Is II s or organized other things for th Ino e or If lU lUlu lu ln iii 11 that thin tho H 11 S 5 Well vIii W J 1 furl A I J 1 II P I 5 1 E H 11 I F J how loLl lett ut of thud ell council lounell u of Salt Lithe City all aimi n It 1 I Morris of Sal t la kl be Cli wele o of us such were tiers ners with nit all he other ot of saId n that lint uld largely lit III en eit ts b by through Joseph I Smith a as to for time the n association that the said trustee hohls and amid controls has the legal title to toa toa a pamI ot of tIme the stock or of time thc Utah Light Hallway which Is held for forthe forthe the benefit of the members nM at copartners uteri ners ot of said Fald Church IncludIng the tho lie do above that the city council ot of Salt Halt Lake City lit at the ulato mentioned in III tho complaint consisted of at 1 15 that thai on the bite fourth day lIny ot of August 1 10 0 the thc such 1111 council Id ed to the Ito Utah Light Hallway coin COlli patty a franchise that the said was granted t by y time the vote 01 1 ot of eIght t of the or of said coun cli 11 that among the tho eight for Cor salt BAIl were vere the tho B seven en lI m hers above and their votes otIS were welt necessary for tor the adoptIon o of the lie granting saId laid franchise amid that b by said actIon the tho said defend defendants ants granted to an associatIon of whIch they wert iere members and lit III which thc they hall had a direct pecuniary until valuable In and front these nets It lit 11 roll colt d that the tho grant ot of such franchIse Is III void 1 m ant ani ot of the tho opInIon conten then Is It is however on behalf ot of th the lint the merely as a taxpayer has no capacity to maintaIn amId prosecute In Inthe inthe the name of oC the M ILS relater this I am or of time Iho opinion that under tM the nil nic establIshed In this state the plaIntiff prosecute its liS reo re relater In later lor In time the minnie ot of the state such aim 1111 demurrer to till the complaint therefore be d and Ito tho defendant will ue be given gen 20 O days durs to an anlIer answer lIer C |