Show THE BETTER THE injunction dispute spate in ogden city ought if possible to be settled by friendly arbitration without going farther in the courts the city coun cou a ell cil in order to economize and facilitate the graveling and grading of the streets a very expensive and laborious I 1 ous proceeding in the junction city purchased a locomotive and commenced track laving on pearl street f for or the purpose of ove operating rating their gravel line by steam to this some of the citizens on n that street objected and nd one of them sued out an injure injune ion against the city which was grafted temporarily it appears that the citizen who figured as the great objector to progress merely acted as the representative of others who did not come to the front but who objected in private r avate as strongly gly as he did in public fi c at the first contact in court the city lost the fight the demurrer interposed by the city attorney was not sustained the judge gave a written and learned opinion which appears ears to be sound in the light of the r law aw and the precedents this has not decided the matter though the case has yet to be deavo on its merits the opinion of the court is merely that the plaintiff has presented a sufficient ground of action but enough was developed ip in this pre tilt to show that it is probable the city may be defeated through lack of power in its charter to authorize it to operate a steam railroad granting the right of way to railroad c companies ompa nies regulating their traffic in the streets of a city and providing what precautions must be taken by those companies are altogether different toabe to the construction and operation of a railroad by the municipality itself power is undoubtedly given to cities in their charters for the former as to the latter the authority is extremely doubtful one is admitted the other is disputed from later developments it appears that many it not all af the objectors to the road on pearl street ogden are willing to concede something to the city for the public good I 1 while they resent the arbitrary seizure for railroad purposes of the street on which they live they resist what they deem an encroachment upon their rights riach riah ts and are offended at the apparent ignoring of those ri rights ats by the municipal a authorities u thorit ties les it it I 1 is probable that a friendly d conference between th em and the city fathers would lead to an amicable settlement of the difficulty this would be much better than fighting the matter in the courts in view of this would it not be better for the city council of our northern neighbor to take immediate step for arbitration so it seems to us we do not wish to interfere in any of the affairs of ogden or other municipalities ali ties but only surest what appears to be for the public good mutual understanding is better thin than disputations disputatious and a peaceable settlement of a difficulty is better than litigation lit gation this is certainly true in private matters and we believe will hold just as good in the public affairs of a city of a county and even of a nation |