Show THE VARIETY THEATRE the following complaint was lodged w with ith the clerk of the third district court this thie morning IN THE THIRD JUDICIAL DISTRICT COURT OP OF UTAH TERRITORY SAM SALT LAKE COUNTY benjamin F stewart plaintiff vs salt lake city george M scott frank H hyde richard W young andrew J pendleton eli A folland oscar oacar H hardy william J tuddenham and william F james defendants I 1 the plaintiff complains of the defendants fend ants for that the defendant salt lake city at all times hereinafter stated was and now is a a municipal cor corporation ora created by the laws of atah utah territory II 11 that among other things it is by the charter of said city provided that the city council of salt lake city is thereby empowered by ordinance and enforcement thereof to license tax and regulate the manufacturing belling giving away or in any other manner disposing of spirituous vincus or malt liquors and the persons who engage therein to restrain prohibit and punish the manufacturing selling giving away or in any an other manner disposing of spirituous vinous or malt liquors without a been license granted ranted to exercise said bald power cojo conjointly antly or separately to prohibit the selling div ing away or in any manner disposing of spirituous vinous or mal malt liquors upon sundays public holidays holi daya and election days to adopt and employ proper and convenient means meana for carrying the same into effect to have the power to require the payment in advance into the city treasury u ry for purposes of revenue for each and every license granted for manufacturing fac turing selling or otherwise disposing of such liquors a sum not exceeding at 94 the rate of twelve hundred dollars dollare per annum 11 that at the time of the grievance hereinafter complained of the said last mentioned provisions of law were in full force and effect and were and are the sole and only source and power whereby said city council derived any power or authority over the subject matter of said law III that under the authority so granted said salt lake city by the legislators of utah territory in lt its charter said city council heretofore passed substantially the following ordinances regulating the sale of liquors viz section 42 chapter revised ordinances of said salt lake city provided pro videy that no person shall manufacture sell barter deal out or otherwise dispose of any spirituous vinous malt or other intoxicating liquor without first obtaining from the city council a license that by section 43 said chapter of said revised ordinances it is provided that application for said license shall be made by petition to the city council signed by the applicant and filed with the recorder that said petition must state dell definitely bitely the principal place at which such liquors are to be manufactured sold bartered dealt out or otherwise disposed of and whether at wholesale or at applicant shall also file with the petition a bond tos to S antlake alt lake city conditioned that during the continuance ti nuance of his bis license he will keep an orderly and well regulated house that he will not gambling with cards dice or any other ether device or implement a used in gambling within his houser house where such business is conducted that he will pay all damages fines and forfeitures fei fel tures which may be adjudged against him under the provisions of said chapter 23 28 of said revised ordinance and an act of the governor and legislative assembly of the territory of utah entitled an act to license and regulate the manufacture and sale of intoxicating liquors approved march 1882 that such bond shall be in the sum of 1000 with two or morel more sureties that said sureties must justify on oath that they are residents within the territory abd are worth the amount specified in said bond over and above all their debts and liabilities exclusive of property exempt from sale on execution that such justification shall be in writing signed by the persons justifying and shall be attached to and filed with the bond that by section 44 of said maid chapter of said revised ordinances it is provided as follows that on the city council granting the license petitioned for which shall be for the period of throw thre months the applicant shall pay into the city treasury the amount hereid after specified for such license andl anck shall receive the reas receipt and present the same toa W the recorder who shall thereupon lesue issue to the applicant a certificate of license which certificate shall state that the person or persons therein named are duly authorized to carry on the business of manufacturing selling belling bartering or otherwise disposing of intoxicating liquors as the case may be at the place and for the time therein specified that by section 46 of the said chapter of said revised ordinances it is provided that the applicant for such liquor license shall pay into city treasury in advance for such license if the same be for a license for a retail dealer the sum of that all of the provisions of said chapter are and at all times herein mentioned were in ful t force and effect as a part of the ordinances of said salt lake city utah territory that by the provisions of section chapter X of the complied compiled laws of utah 1888 it is enacted that said city council shall have power to cicet se regulate and re restrain etrain the manufacturers sellers or vendors of spirituous and fermented liquors tavern keepers dram and tippling shop keepers grocers and keepers deepers 0 of or ordinaries inar ep boarding oar ing c or ea eating ng houses saloons or other ho houses uses or places for the selling or giving away of wines or other liquors whether ardent vinous or fermented men tede that at the times herein referred to co the said laws and ordinances hereinbefore set forth were in full force and effect and were the full source of the power whereby said city council derived any power to grant or regulate the sale pale of liquors within said city IV that heretofore to wit on the b day of September 1891 the plaintiff made application by petition to the city council at as required by said laws ariu ana ordinance for a license as a retail dealer to sell or otherwise dispose of vinous malt or other intoxicating liquors at no 81 franklin av avenue nue within said salt lake city that the plaintiff filed with said petition a bond to salt lake city in the sum of 10 lo conditioned as required by law an I 1 the ordinances of said city which said bond was duly accepted by said city that on the sali day of septem hr ur u r 1891 plaintiff paid into the city i ren rt n ury of salt bait lake city at the time of jiing n ing said petition and bond with rec rier rt ras as aforesaid the sum of money of 01 the United states for the lic nae petitioned for as aforesaid that on the same day plaintiff caused said lon irn I 1 and petition to be Dresen presented ted to aa aadil I 1 kj C city it y cou council n ci 1 at a regu regular I 1 ar meeting ng of ald council and the said city 4 bouncil thereupon duly and regularly ranted granted w said petition lad id caused to be is aed under the seal of said city a I 1 license ice nee to the plaintiff as a a retail liquor I 1 lealer ea ler for the term com commencing jag sept 1891 ending december 1891 in words and figures following cowit certificate OF LICENSE to all who shall see these theme presents greeting no know ye that B F stewart having baving complied with the law of the territory of utah and the ordinance of salt arze lake city in such case made and provided and having paid to the treasurer of said city the sum of is hereby auth authorized authorize oriz to carry on the business of retail liquor I 1 dealer one ne bar as provided in said ordinance at no 81 franklin avenue salt lake city for a period of three months commencing on the da day of september 1891 and ending the day of december december 1891 in testimony whereof I 1 J F jack recorder of salt lake city have hereunto set my hand and affixed the corporate seal of salt lake city this day of so september aber 1891 aEA ii J F JACK recorder this license is not transferable that said license was by said salt lake city utah delivered to the plaintiff who accepted the same and on the said day of september 1891 entered upon the business of a retail liquor dealer at no 31 franklin avenue salt lake city utah territory under the authority of said license and at all times thereafter fully complied with the requirements of law and the conditions of said bond as said retail liquor dealer that on the first day of december 1891 the said city council of salt lake City upon the application of the plaintiff made as required by law granted a renewal of said license for a term of three additional months whereupon the plaintiff executed and delivered to said city a bond condition as required by law covering said period of three months VI that on the day of december 1891 the city council of said salt lake city utah territory composed among others of the defendants george M scott frank H hyde richard W young andrew J pendleton ell eli A folland oscar H hardy william J rudden tuddenham fud denham bam and william F james who were duly elected and qualified members ot of said city council was july duly and legally assembled anti and convened as such city council and a ild defendants george M scott frank H hyde richard ayoung WY oung andrew J pendleton eli A folland oscar H hardy william J tuddenham and william F james were acting by virtue of their said office as ag the city councilmen res respectively of a dd city passed the following motion revoking plaintiff plaintiffs Is said license viz on motion of councilman hyde the liquor license of the franklin avenue theatre was revoked on motion of councilman james the city marshal was instructed to investigate the matter thoroughly and make any arrests for violations of the city ordinance JI I that the acts of said city council and of the defendants named pretending to and acting by virtue of their said offices in revoking said licenses as afore aforesaid sidd was wholly un authorized authorised by law lave or any or either of the ordinances of said city was with out just cause or notice of any kind to said plaintiff and was a wanton violation of the plaintiffs rights in the promises premises sand nd was wilfully and maliciously perpetrated by the said defendants who then and there conspired and conferred together for or the F sole purpose of injuring and defrauding the plaintiff and destroying his said business that on said day of december 1891 and prior thereto this plaintiff had bad a large and extensive credit in salt lake city and other business centers cen terp that by reason of the wrongful and illegal acts of said city council the said defendants acting by virtue of their said office in breaking up and destroying his said business plaintiffs plaintiff Is financial standing and credit have become greatly impat impair ed to his damage in the sum gum of 5 3 agat that the said defendants well kne knew that they and each of them were we wholly without authority to co revoke said license that by th their I 1 said bald acts he be was sub subjected e acted to the ze furj veil tence of the police officers of sal city and other indignities and wa w compelled to close up and abandon abando bis said business for a further and second causee cause of ra action the plaintiff alleges that at th ahe times stated the plaintiff was conducting and carrying on a part par of his busi business of retail liquor dealer a general theatrical business at said no 81 31 franklin avenue in said salt lake city which was being run I 1 in connection with and as a part of said retail liquor business and had at th the time of the revocation of said liquor aliquo license as aa herein stated in his employ and working for him under con contract contra track oti to render professional services to hi hlib during the full time covered by both of said liquor licenses license so as afore aforesaid sall granted to 10 him some twenty or more theatrical perfo performers and other servants 1 that by reason of the re vocation 0 of plaintiffs said license as aa herein set tt forth and the closing of his said bar the patronage of his house both as drinkle g resort and theatre w waa wholly and completely broken up and destroyed his said employee emp loyes thrown out of employment by reason whereof he was compelled to expend a large sum of money for service breach of gr contracts and other causes and to con dinue many employed emp loyes in his a said id service under pay without being able bl to con conduct either said saloon or business to his damage in the sum aura or of by reason of all of which facts and the premises aforesaid the plaintiff haa aw been damaged by the defendants in the several ways as fully set forth herein and by reason of the acts of the several defendants as hereinbefore ase set g forth and arising out of the illegal and wrongful revocation of plain plaintiffs said liquor alicei se in the sum of wherefore plaintiff prays judgment against defendants in the sum of 10 together with costs of suit REILLY KAME HANIM plaintiffs plaintiff attorneys |