Show SUIT AGAINST THREE LIBERAL councilmen the following is the complaint filed in tho the third district court on behalf of the peoples peopled candidates for councilmen whom judge ann cnn zane ruled were elected to the city counell council i in the district court in and for the third judicial darlet D strict of utah territory salt lake county the people of the territory of utah residing in salt lake city on relation of richard W young john fewson smith and william J tuddenham plaintiffs vs louis cohn worden P noble and lucius E hall defendants the people of the territory of utah by james H moyle prosecuting ng attorney of the cou county u ty of salt lake and territory of utah on relation of richard W young wm J tuddenham rud denham deDham avid and john fewson smith the individuals alove above named complain of said defendants and allege first that there is a certain municipal corporation now existing under the laws of utah territory in the county of salt lake in the territory aforesaid by the name and style of salt lake city ity and that the same mine now has and for over two yeara last past has had over inhabitants and the same is a city of the first class under the laws of utah territory second that said city is and has been for more than two years last past divided into five municipal wards which are numbered respectively one two three four and five fire third that the said richard W young john fewson smith and wm S tuddenham aforesaid are each of them citizens of cof the united states of america and that they are and have been for more than one year last past residents and freeholders and qualified electors to in the fourth municipal ward of salt bait lake city fourth that on the day of february 1890 there was an election held in the said city of salt lake for the purpose of electing among other officers one mayor fifteen councilmen three from bah municipal ward to serve infald in said city as the city council thereof for the ensuing two years fifth that on said eleZ election tIon day to wit on the day of february aforesaid the said richard W young john fewson smith and wm J tuddenham were then and there qualified to hold the office of council men and being then and there candidates for such office received ived of the legal q qualified aali fled voters of said fourth municipal ward of said city each votes vote sand and that no other persons were voted for in said ward or by the qualified electors thereof for said offices of COUnCil councilmen lnell save and except three persons the defend defendants aRts aforesaid namely worden P noble louis cohn and lucius C hall and that each of said mid last named persons on said day received only votes for said offices being a less number of legal botts bott a than was cast and received in favor of said first named plaintiffs sixth plaintiff further alleges that said richard W young john youny fewson smith and wm win J tuddenham were on said day and now are the duly qualified and elected councilmen for and from said fourth municipal ward of salt lake city aty that hat offices they have accepted the said said offices and are now ready and have offered to enter upon the discharge of the duties thereof seventh plaintiff fu further aber alleges that the said defendants louls louis C john cohn worden P noble and lucius E hall pretending to be the councilmen of said fourth municipal ward have unlawfully usurped and intruded into and now are unlawfully usurping and holding said offices and are unlawfully pretending to be councilmen council mea from and for said ward to the me damage and injury of the people of said ward mad to the damage owsald of said plaintiffs wherefore the plaintiffs pray judgment against said defendants and each of them that they be excluded from the office councilmen of from said ward in said city and that they be forbidden to further exercise any rights and that the plain plaintiffs richard W young john fewson smith and wm win J tuddenham be adjudged to be the rightful holders of said offices of councilman from said ward and that upon taking the oath of office and ex executing euting the official bond required by law they be authorized to take upon themselves selvestre the rights and execution of said offices and for such other and further relief as said rela re latore tors may be entitled to JAMES H MOYLE prosecuting attorney for salt lake county LE LB young F S counsel |