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Show TI1E AMUSEMENTS. DECISION IN Utahna Park FAVOR OF TONIGHT oacooocoocoooooooocoooccs CITY MOHNINfl EXAMINEE: OGDEN. web Carlson, and to furnish 'hem lines, stakes, gaaes and in: rue: Ions necessary ioi .lie construction of the same. To this petition nd application the derenJai-i- . Ogden (it), and A. F lar kor demur up.-- the followInB Kroi.ti.tr Fire:, that there is a delec: anl misjoinder of the parties plaintiff; UTAH, I UIHAV MOKXINO, uu quires jurisdiction il.wf hi render lb as being contrary i 'h :- r- -- - . re.-ke- n, . ver-bia- g e High Class Vaudeville PRIVATE Two Performincei Judge Hewall Denies the Petition of Joseph Carlson and Fred T. Sanborn. Every Night at 8 and 9:30 OON'T MISS jT. 6 GREAT. Legea and mwvid Mt. t 25c; bleacher. 10c. to 12 every Oucln frana PRICES Evening. GRAND tion. HARPER ' GRANT. Manager AND DETRICK. Praaant GEORGIA HARPER : In Joseph Arthur's Maatarpioea BLUE JEANS Sinday Eve., Sept. 2 Ran twa antira aaaaona In New Twelve year an tha road. Holds tha racord In stack house. Yarfc. U PRICES: 16c, 2Sc, 16c, 50c. Scat Sala Opana Saturday 10 a. m. i BREVITIES Murphy of Los Angelas is la the city oa Fraternal business, sag la re gisie red at tha European hotel. - L. C. - If you are going to tha Irrigation Congress, write Fisher Harris and have him rcserro you a seat la the 8 pedal , train. I. D. Eldrlrh and wife of Boa ton and Mr. Ibbetaom of New York are visiting with. Robert Proudfit 1b Ogden canyon. The courts decision follows: On August 7, 1906. the plaintiff and applicants gave notice that they would, on the J8(h day of said month, apply to this court to r a writ of maadsce to issue against the defendants The application and petition far the writ of mandamus alleges, first, that Joseph L. Carlson, one of tha plaintiffs and applicants, la the owner of certain real aatate on the eaat aide of Wall avenue, between 25th and 26th streets, which is particularly described ; that the defendant Ogden City has given Its not lea of Intention to create a sidewalk district on Wall Avenue from 25th to 27th streets and to build therein concrete sidewalks of a certain character, within which district ia Included the property of said plaintiff; that the dues of first publication of Mid notice of Intention waa Julv 12, 19U6, and the date of tha lssi publication August 4, 1606. Bo far as material for our consideration, the notice provided as follows: For the purpose of paying the costa and expense! of Mid improvements, tha City Council Intends to levy and collect special taxes and assessments and Issue scrip therefor, payable In ten installments, one being due tach year, except the first year, when first two installments shall become due; upon the lota and blocks, parts of lota and blocks, land and real estate bounding, abutting or adjacent to the above mentioned street, and lying and being within the boundaries of tha sidewalk district to be created, to the extent of the benefits to such property by reason of such improvements. The City Council will on Monday, tha gilt day of August, 1806, at 6 o'clock p. m-- , in tha City Council chamber, City Hall, Ogden, Utah, bear objections in writing from any and all persona Interested in Mid local and special assessment. Ordered by The City Counell, July ., 1906- That on July 9, 1906, the defendant marriage licena lisa bams issued to Amman S. Brown, aged id, of Balt Ogden City passed an ordinance of Lake City, and Miss Frances Barnes, said city, which waa approved by tha Mayor of Mid el'y on July 11, 1906, aged 26, of Kaysvllla. and published on July If, 1806, as folTha bar of Yellow Boy gold exhibit- lows: ed in Lewis' windows contained 9V An Ordinance Regulating the Issuing of Permits for Building Sidewalks Tha awarding of the 65 will In Sidewalk Districts. take place this afternoon. , Be It ordained by the Mayor and Mrs. Laura Cahill sad son Harvey, City Council of Ogden City, Utah: Bee. 1. Penni's for building sideMr. and Mrs. Oncer Read and bob. sad Mr. and! Mra. W. J. Barnes returned walks ia any place in Ogden City, rhaH last night from an extended trip te tha ha issued by the City Engineer to any licensed contractor applying for the Yellowstone Park. same, and producing an application on The funeral of Mrs. mother printed form signed by the owner of of Mrs. 1. N. Loaning and Mrs. R. T. tha property, requesting that a permit, Miller, will ha held at the Presbyterian ha issued to Mid contractor. church at, 2:10 p, m. Friday, Remains See, 2. Permits so Issued shall insT ha viewed at Ritcheys under-takin- g aixty days from tha data of issue, shall parlon from 10 to 12, Fridsy. or at 'ouch tlmaeto as the city do the work of gain jurisdiction In H. Lewis, manager of the Shoe building Jidewelkj that plane. Sen. 2. No extension of time after Market, has returned from a months visit. In Yellowstone park, Mr. Lewia permits have expired shall be granted and patty made, tha trip overland in except for good and sufficient reasons, wagons. They were joined by friends as shall he determined by the sideand relatives at Evanston and A Ron. walk committee and the City Engineer. Mrs. Nellie Wllaon, who has relaBee. 4. When a notice of intention tives in Ogden, made complaint to to build sldewalka In any district, 'he Ralt. Lake police today that aha is published, It shall be deemed that had bees robbed of M by a young jurisdiction Is acquired by Ogden City man named T. 8. Burt About nnon to do the work in such district, from Burt waa a treated and b6.60 in cash the dal of the first publishing such end ticket to Ogden were found on notice of intention, and until the hearhim. ing of the protest shall finally determine Jurisdiction, and upon the data The Sunday school of the First Bap. of the first publication of any notice !t church of this city held the annutl ef Intention si above no permits shall 'luting at Liberty park Wednesday, tMue thereafter, and all perm! la be1 (Inner was served on the lawn from 12 fore Issued for building walks in such oclork till 2 p. m. Games were than district shall expire mad become void, indulged In till I p. m., when n at rest except on extensions as set forth In rer ride around tha city and to the section 3. . ' month of --the canyon ended tha days Bee. 6. This ordinance is to lake pleasure. One handred and twenty effect upon its passage, approval and rivt children enjoyed the car ride. publication. Passed by the City Council of OgIV. W. Riter baa returned from Ban den City, Utah. July 8. 1806. Francisco and reports the alias lion - W. J. CR1TCHLOW, here as being most unfortunate. The City Recorder. si like of the car men has occasioned Approved July 11, 1906. E. M. CONROY. Mayor. " endless amount of trouble, and Mr. Riter thinks altogether needless That on July 31, 1906, Joseph L. trouble. Owing to tha hssvy traflle Carlson, one of the plaintiffs and apalong Market street K has been Im- plicants herein, applied to Mid Ogden possible to put the street in repair; end City and said A. F. Parker. City because the sidewalks are covered requesting that a permit bo with rubbleh of all kinds, pedestrians issued to Fred F. Sanborn, a licensed are obliged to lake to the center of the contractor, to build auch sidewalk in "treat. Mr. Riter says that but Utile front of hla Mid property, as Is proProgress has bees made In building, vided for In the notice of Inteutlon and he looks with donbt upon tha fu- heretofore1 mentlonedAnd on the same ture of the once great city. day Mid Fred F. Sanborn applied to said city and the city engineer for a C. H. Bch lacks, vice president of permit to build said sidewalk. In contha Denver A Rio Grande system, and formity with Mid notice of intention A. 3. Wei by, of the city superintendent of the and under system, left for Denver yesterday engineer, but that on said day the with their private cars mak-in- g Mid A. F. Parker, city engineer, renp a special train. Mr. Bchlarki fused to grant such permit. spent few dam In Balt Lake last , That Mid Joseph L. Carlson, one of ek. making aids trips over the the plaintiffs and applicants, herein, branch lines of the Rio Grande Westn ern and the Western Pacific and then desires to have the said Fred F. do this work for him, for the les"on tinned to the coast with his party son that ha waata to prevent, his propn special car. He arrived in erty being liable to the taxes, assessyesterday afternoon and a few ments and the issue of scrip by the m'Diites after he decided to return of said sidewalk, 'o Denver on a special schedule his city far the payment his Mid property from and Mr. Welhy's were on the way. sad' prevent having n lien attached to It for such special taxes and scrip, as provided BIG HORN BABIN. for In the notice of intention creating said sidewalk district. Excursion- The plaintiffs and applicants then that they have no plain, speedy getfember 1st and' 3d! Limit 20 days. allege Rate from R. G. W. main points (30.04 and ndequste remedy in the ordinary round trip. From branch lines add one course of law, and, therefore, pray for fare for round trip to nearent Junction the Issuance of a writ of mandate directed to the Said defendants, compoint. Rio Grande Western, Colorado Mid- manding them to Issue to said plainland and Burlington. For further tiffs and applicant a permit to build and. Big Horn Basin book such aidewalk along the premises of addma L. H. Harding, Salt Lake City. tha plaintiff and applicant, Joseph L. A 613-41- . ex-pl- Pan-bor- Og-is- u rr : ion-struin- g . city engineer to violate an ordinance of the city which he is sworn to obey, since the plalutiff's petition was made after the city had acquired jurisdic- OPERA HOUSE R. ALEXANDER CANNOT In the opinion handed down Thursday Judge Howell denies a petition foi writ of mandate in the esse of Joseph Carlson and Fred F. Sanborn against Ogden City and A. F. Parker. The action was brought to compel Cilv Engineer Parker to Issue a permit to F. r . Sanborn, a licensed contractor, to construct a sidewalk for the plaintiff, Carlson. The courts action iu refusing to issue tha writ was justified by the that the Issuance of the writ would be equivalent to ordering the 0 IT CONTRACTORS ENTER AIDEWALK DISTRICTS. . i im-p- k iii-tlr- - two-third- quen-Uon- 1 former provides that when the rity desires to make any local improvements in a certain district. It rannot levy any special taxes therefor until the owners of property therein have had a ebagee to object and of course the city cannot acquire Jurisdiction to until that make such improvement opportunity haa been given, while the latter simply provides the date on which permits have been granted to s licensed contractors to build irach at ihe request of tha owners of abutting property shell bo revoked, end the mere fact that such dare is prior to the time when the city ac tide-walk- joiu-- - ; oik- - lOftfi. ei'her of tnern in 'b p,,'rni-ani'duties a apnuiil: en i issue a permit o Fte.i F. Banborn. nr to any i BIGELOW IS MACHINERY IS Min. Tu.ii the WfndHnti- - nor ei'hi-- r of them han ani rightful poaer uv au to ;he plaintiff and tboritj in applicams a jw'mn to build a sidewalk described m said n..r ran said defendant;, mu- either id ihem ia i'li then compliance j.,,..' m raid ldiu!iffi- - a peini't :u build Mid idewu!li. in id I'utuu.u liw-auli ; be lines, B'akts. grade and inrt rurtious necessary in the inn tor th- teas.m a set out in the jpiilicirii.u and poitinn aud jiarta-ul-ar- l he iti:i.-- of Imen'inn and tiro ordinance as et .hi in said poii'iou and appbca'iou, and b reason ot the facta further stated In his answer. To this affirmative portion of the answer, the plaintiffs and applicants have demurred upon the grouud that ii docs not constitute a defense the cause or action of the piaiutiffsvj and applicants. It seem; to the court . that so fur aa the answer seta ou' ihe annual cniraci with the J. P. O'Neill Cuukirucikin Co., ba only materiality couaiat in fiirniahing an additional reason why the city uilght deal re to have the prospective aidewalk district; to which the contract la applicable free from any obstruction placed there by private contractor for a reaiouahU- time prior o the commencement of work therein by the said J. P. O'Neill Construction Co, and further than that u bsa no apIt plication to the matter in hand. duet seem to (he eourt, however, that the answer having aet out that the defendant city has acquired Jurisdiction to do the work In this sidewalk district under the statute, such fart Is a complete bar to tha recovery by tha plaintiffs in this action, for the reason that when an appllrant seeks from this cuirt a writ of mandate, ha must he entitled to H not only at the time the proceeding wsa commenced, but also at the time It may tasue.' This filed in this eourt on application the Tth day of August. 19u6, and (ha defendant rity acquired Jurisdiction under the notice of intention to make iuf WINNER OF ARRIVING SHOOT NOW - DEFEATED HOLOHAN IN A GREAT CONTE6T, - PACKING PLANT GOON TO BE IN OPERATION. , e - ni tha improvements contemplated therein in the way of concrete aidewalk on tha Cih day of August, 1906, so that even lasumlng that the construction to be given to (ha ordinance relating to tha permits ia aa contended for by the plaintiffs and applicants, namely, that up until tha time when the city acquires Jurisdiction to do the work under tha statute tha permit should be granted, atill at tha very time tha plaintiff! made this application they were unr. entitled to have the permit granted and, of course, they are etin less entitled to Tave it granted at this time Aa waa said In the rasa of Hall vs. Blelle, 2 Bo. 650 (Ala): A writ of mandamus will not ba awards! to compel an official act that It may have bean the duty of the officer to perform at the time tha proceeding were commenced. but which ba since been by law." The ordinance having provided, even under the Construction given to It by counsel for ha plaintiffs and applicants, that permits should not he granted after the tints when tha city haa acquired Jurisdiction to build sidewalks in this district under (ha statute, and having provided further for the revocation of permits already Issued, for this eourt now to order tha city engineer to issue such permit would he equivalent, an counsel for plaintiff! snd applicants munt concede. to ordering him to violate an ordinance of tha tky which he Is worn to obey, and thl the court will not do. If at the time (he dry engi-- neer refused to Issue the permit he acted wrongfully, plaintiff and applicants are put to their remedy in damages. It seems to the eourt, therefore, that under any view that may ha taken of this matter the plaintiffs and applicants are not entitled to the writ of mandate for which they ask and their petition therefore may be denied. PERSCNALS Miss Ethel Wright, of 644 2fith 8t.a Just returned from visiting friends and relatives In Logan. Mira Laura Boyle of 263 Pacific avenue, is visiting with friends snd relatives at Wood Cross, Mra. James Wilkinson and M1m Ethel Talne are visiting relatives ia Uintah, Misses May Young awl Mamie Balmon of Provo are in (he city suiting with friend;. J. W. Chamber. saJeaman for the Consolidated Wagon ft Machine Co, left for a hunting and fishing trip to Bouth Fork. A. K. ' Covington, proprietor of Ihe Rexburg Hotel, Rexburg, Idaho, ia In the city on bnsineM. John K. FerguKun of 21 16 Monroe avenue, ia rejoicing over the arrive! ,pf hi family from Hootland. Uke la A. Y. Kom Mrs. A. K. Woody of Balt. the guest of Mr. and Mr. of 2243 Lincoln avenue. L. D. Treaeder, of the Burton implement Co., han retuned from a trip to the Pacific Coast. II V. Hi Hiker and other official of the O. B. L, and Judge H. H. Rolapii went north on n special train yesterday the for the purpose of determining callbeet tonnage the railroad" will he ed upon to handle this fall. Brought Heme With Him tha Browning Trophy Exports Hare Monday. Vulcsn Iron Works Instsliieg After a sacoeaaful tuiiraanicat of tha Uuu asaortuikiu. concluded at Pocatellu Wednesday, local kliootcr returned home. Tho meet is the first held ince the urganixatfon of the association. Ogden won out for the next tuurnainent, which will Uke place next year shortly after (he great western handicap to be held In Denver. Famous slkxMers from all part of the country nlll ba In attendance at the handicap ao that tha local tournament will he In fair say to attract a number of celebri- Manager Bhlageter. of tha Ogdea racking aad Commlaoiou company, expects to have in operation tha saw I'tah-ldah- ties. In order to accommodate inembei; of the aaaorUtiua. a carload of whom are promised from Idaho, tha shunting trap near Beckera' brewery will be transferred to the Fair grounds, remodeled, enlarged and fitted with various traps now in dm. A plat of ground wkhra the circle formed liy the race course haa beea donated In the by the Fair company, excellently suited for trap shooting on of (he sky tine being clear rut and not obscured by hill or vegetation. The location of tha new site la considered an ideal one by local shooters. Not only did Ogdeu secure the next tournament, but one of the city's experts, A. P. Bigelow, brought home tbs Browning diamond medal, offered aa a trophy for tha rrack shots to compete for. By tha provisions regulating tha diepoMl of tha medal. It does not become tha property of Bigelow until ha has won it three 4imM ia competition with other shooters. Mr. Bigelow, In tha contest, thinned out the ranks of competitors until but one, Holohan. of Idaho, remained. Their match of skill afforded a brilliant demonstration of accural shooting. Roth men tied on twenty fire bird. Unknown angles from unknown traps made shooting difficult so that the greatMt accuracy of eye and quIckneM of movement were required to bring down the hluarocks. On tha next shoot, Holohsa and Bigelow again tied on twenty-fou- r birds. The traps a ware loaded with another eat of and both men took poalttoas to shoot uff tha second tie. In a series of remarkable shots, Bigelow brought down twenty-fou- r bird. Hoirhan, aa tha list bird sailed out, fired hla last hot with bnt tweity-tbre- e birds to hla score. Bigeluw waa declared winner of the match snd given the medal. Monday five shotgun experts, Crosby, Marshall. Heiks, Merer hey and Huff, holders of the world's record aa trap shooters, will he guewts ef local sportsmen. It Is probable that an exhibition shoot will he arranged at tha trape ia which tha experts .will participate. While In Ogdea they will ba taken to tha canyon and treated to a bit of lore I acenarv. From Ogden the invinribla five go to Los Angeles to enter the big shoot for nonet cracksmen. Aaau-ciatio- a blua-tork- tha frigerator Cattle Yard , Planned. Re- , plant at tha foot of Twanty-foartstreet in the court uf a month. Tha superstructure at the, plant haa boon completed and experts are busily engaged in installing machinery for the various departments. Four car loads of machinery wore on tha grounds this h morning. The Vulcan Iron Works company of Ban Francisco ha charge of tha plant. Ia wccuona, ready for placing in the plant, nearly n mile of for tho circulation of ammonia pipes nave arrived aad are being placed by men. Tha refrigerator will company be the moat complete aad largest in mate. will It have a large rapac(he ity far the along of beef and thua enable the company te dispose of live stock with Ih least com f keeping. Under the aupervlaioe of. the Nell company of Chicago, machinery III be art In position. Not more than a month will ha required te fit out tha entire plant and preparations are under way for early lard-makln- g operations. Tha rattle yard being rnnatructed will he a model of convenience. Beales for the weighing of small herds are now being set up and tha runs, pens and corrals extending north and west for a block will he built. The capacity of tha stock yards will be several thousand animals per day. No provision it being mad for feeding places aa Ihe company Intend to operate tha yards only for the purpose of temporarily raring for Its livestock. ELY EXCURSION Wabar Club President Names Wadall as Chairman. The secrelarv of the Weher club. I. F. Reynolds, has sent tha following norlre to W. B. Wadall in regard to the Ely excursion: Wr. W. B. Wedell, Dear Sir: Referring to a meeting held In onr ! aembly room Wednesday evening, at whfoh time the matter of an excursion t Ely. Nevada, on Railroad Duy waa a-- dlaruaead: You were pratenC-anara familiar with the reaolu tins waa that adopted, which urges the officer of tha Weber Club to promote an excursion to this wonderful camp. The resolution recited that the member would pledge their support la encouraging business men to make this trip, thereby cultivating and rem eat-i- n a a social and bueineM friendship ' bef seen Ogdea Cltw aad Ely. You have, therefore, been appointed by President Pingrea an chairman of committee (o effect this excursion, the railroad have named a rat of (16.50 for the round trip, providing we guarantee 106 ticket sale. Pullman cars may also be charter SPECIAL TO BOISE eil at a reasonable figure for the trip. The cars could beiiaed to splendid Train, With Delegation, Will Leave advantage while at Ely, ae the hotel BaN Lake Sunday Night. accommodations there will he limited, Hope ia expressed that your com. Final arrangements were completed mlttee will get to work at once with Wednesday by the Oregon1 Short Line this object ia view. A large number for the running of a special train to of associates have been named on this Holae, Ida, Runday night from Bait committee, ao that your work may be Lake to convey tha Utah delegation to divided lip In eucli a way that It will the Irrigation congreM. Thu train, not ba n hardship upon a certain tew, which will be made up of four etand-ar- d a lee pen. will leave Balt lobe at WILL TRY AGAIN ! I p. m. About ino delegatee will go from that rity. At Ogden the delegawill Join tion numbering twenty-fleand Littla Received t Go on tha train, and at Cacba Junction fif- Hagerty to tha Coast. teen delegate from Ixigaa will ha taken on board, making a total of Although temporarily overcome by about 140 delegates. the draert, Hagerty and Little, DeVaui end King will pot abandon their run to tha mast, but will continue a CARD OF THANKS mob aa fixture arrive. A (racer haa eeat nut to locate them. The To all relatives and friends sad to been expect to again fora the desert. variouN order who so kindly seslated party Meanwhile (hey will remain la OgdeQ In the sickness and death of our beplan for another loved wife and mother, we eatend our and from Han Franriero to New York, trip a iMriful thanks. Their many waa (he atump of a telegraph pola It Hi ua affliction our hour of to that broke the main drlvtag hrt will never be forgotten. and put. the machine out of rotamia-ion- . M. J. HOGAN AND FAMILY. Floundering around in (he dark tha driver did not sea tho stamp In time BEST ROOF PAIHT collision. to avert the WVh experience of the road When you get tired of having poor a return trip with roof painted every year or two with party are planning DeVaux machine. mineral and chap roof paints, gat them the Hint Bulck la not damagthe that aaaert engine with Dixon's Silica Jornph pnlnied the least and i capable of driv Graphite Roof Paint, the only flak ed Inthe contiautomobile arroM lag tha tested in for world, graphite forty nent la about twelve dayi. (he The box, n man them and get painted by years, rewho haa bandied this paint for twenty however, is sprung loose and will toa general pulling yearn, and who makes a specialty of quire braces and roof work of all klads, and guarantees gether before the mountainous country Mtlafaction or no pay. A. J. Brown ft of the west la traversed. ther-augh- ly ( a, kind-neser- Bona, 421 Twenty-fift- CALIFORNIA h atreet EXCURSION. Dally, September 4th to 14th. Ogden to Ban Francisco and re- ....(). direct ) (30.00 Ogden to Ban Francisco and return (one way via Portland.. 42.60 Charles Goalee of Lehi la visiting rewith A. J. Larkin and will be here Ogden to Lm Angeles and 43.00 Southern via turn Pacific.... noma days. to I Angelea and reOgd-- n turn via O. 8. L and 8. P. Waller J. Poulton'of Balt Lake is In SUO Ia A. ft 8. L- - Ry Ihe cjty on buslne4 and la registered Ogden to Is Angela and reat the European hotel. turn (on way via Portland 55.50 and Ban Francisco Edwin William and daughters Floy Tickets good returning until Octoand Blanch arrived Wednedny from an i allowed. ber Slat. extended irlp to the Pacific coast. turn I Krop-ovrn- COURT HOUSE OK HUE Fire Department Waa Called Out at Noon Today. Tha fire department was called out to the court house, yesterday whore a roof fire waa slowly burning through the shingle Into the building below. The chemical extinguished the fire before aerioua damage had been done. Tinners wrorklng on (he court honed tha building were responsible for blase. In order to Join the tin plates they carried with them a email stove to best soldering Iron". Quitting work mesh they at noon for (heir mid-daforgot (he a'ove and left It burning. The heat of the Irons ignited the shingles end the fire was discovered by a person on the sidewalk below. y - Mis Fknms Osborne Moah. Uta, where aha school. a; left 111 fur teach MEXICO CITY EXCURSION. Daily. September 3rd to 14th, Via Union Pacific. ('iff.gQ round Miss Emma Paine, daughter of Tickets good to return until me Paine. U preparing to leave for- trip. hunl. Bhe 1'1 attend the North- October 81et. RtoiMreera allowed. virtue of ihe conConstruction O. tract ao made hv !' sad the defendant all te grocery stores will he closed will Ogden City, and by virtue of the term of said contract and the order ao Monday, hut th meat markets made by the CP.y Council. It became the duty of Mid construction compatur to do Mid work and it became thh Frank Hodge of Ogden hss lelt for the caid the east on business. duty of Ogden Cty to permit construction company ao te do, and Grant Martin of SaH Lake is In the the said plaintiff". Joseph L. Carlson end Fred F. Sanborn, nor either of city vl suing friends. them had any rlgh' or authority to inof th First Minrirei h Ldi terfere with or to perform said work, a will he at the opera house thl and neither the defendant. Ogden City nor the defendant. Parker, have or ntng Mr F L. .Lewix is managing had any right or ati'hority nor could impaov of thirty-fivebv 5 e 'hir b of nig'iii :;i 1,.. pt,.mairei- would untfo'.l- . in ti., P m i.hi-ithe simplified haa pr'.vMn that permits to pr;ia-- , to , sidewalk.conairuct l, yitiuh ,i had been granted. . i; when the notice ot ,.,VMT. (,p a that there ia a defect and nil; sidewalk district !i:. punchlendein-and ed. hut the joinder of the panic; defendant: irgi:,tlve third, that ihe application and petition bodies ia to use ri'V does not s'ute tacts sufficient to to ex pres iii.iiiiiu;. a taute of action against the than direct, leagua;-- ' ;m.l t,iie Mich a tendency may defendant;, or either of them. pinpcrlv cviiicte-i-d- . it dues uot pren iii li ,. nHni Upon this deniurier it ia claimed the a old; ihe. by the defendant, Ugdeu City, tint, tic unthat the piaiutiffs and applicauis, Jos- doubtedly meant. i.aiiuug jurisdiceph L. Carlson and Fred F. Sanborn, tion to do the wo; a ' i.t huiidmg sided in the should noi be joined aa plaintiff;, be- walks at that plai'i ilicieii ia cause the plain; iff and applicant Jos- ordinance and at. u.i-neph L. Carlaou is the sole ownei of equivalent to say iiu. When ihe first ,.f inteu:iou the premises in question, and the publication of the plaintiff and applicant Fred F. San- haa been had. It is. however, a gut a m beha'.t of born has no interest therein. It acviu; to the court, however, that inasmuch plainiitfs and applicau h :har tha reaa the ordinance, which Is relied upon quirement that pet nTa should be reby the plaintiffs, requires not that the voked twauty days prior to the time owner of the premises shall apply fur when ihe city can commence to W a permit, but that he shall request the work under the i,.nce of intenlimimiUm that a permit be issued to some licens- tion. is an uareaMmatih ed contractor, and requires su appli- u.ju ihe granting pcimiis and ia, cation from the latter for the isauauce therefore, unwarvau c l Hut the regof auch permit, that they ate proper- ulation of the grai.iitig of permits is ly Joined In this proceeding to require s mutter that ia laigoly ui leant within tile discretion of iln- - logislsiiva its issuance. It is next contended that Inasmuch body haring the powror to provide for the granting of them. In this case, the as the duty of Issuing permits is .it upon the city engineer under City Council, and s.irh a discretion Una ordinance, that the defcaiaut. will not ordinarily lw interfered with by the courts, unless there is a ilcar Ogden City, is improperly united A. F. Parker, city engineer, as a de- abuse of It. It in impossible for th fendant. But It seems to the court, court to My na to this regulation, bethat inasmuch as the determination of cause there are many res eon; that this matter involves Ihe construction suggest themselves a, justifying such of the ordinance passed by the City a provision. In order, for Instance, for Council, providing for the issuanct of the rity to procure the most reason permits, it Is proper that the defend- able terms from contracora to whom ant, Ogden City, should he joined with the city mav wish to give the work f the rity engineer aa a party. building sidewalks, it mar well deal re It 'a finally argued In behalf of the that the districts in which they .ire to plaintiffs and applicants that the com- be constructed should be absolutely plaint does not state facta sufficient free from the olirurtona which to constitute a cause of action. r to would neceuMrilr he there were other entitle the plaintiffs to relief for contractor building sidewalks in such wntch they pray, and It is upon this districts, for It la common knowledge ground that the city really relies to that contractors and workmen do nut prevent the Issuance of this writ. It Ilka to ha entangled la the same work is conceded by oounsel for both irt-le- s any more than do professional men. '.hat the city has the right to enact To make It positive and certain that an ordinance providing for the grant- there shall be no such obstructions ing oi permits to owners of abutting in the districts ia which sidewalks are property anil their licensed contrac- to De constructed, and to obviate tha tors foi the building of sidewalks ia difficulties neoesMnly arising theresaid illy and it is also conceded by all from, it Is perfect ly proper for the the parties hereto that auch permits city to provide not only that no primay be revoked, but it ia' argued by vate contractors shall ha engaged in counsel for tha plaintiffs and appli- tha work of building sidewalks when cants that Inasmuch aa the ordlnrtnce the citys contractor commences his provides in the seeoad section there- work, but. that no private contractors of that auch permits aa are issued vhsll shall be engaged In such work lor a expire sixty days from the date of is- reasonable time prior thereto, and cersuance, or at auch time as the city tainly twenty days rannot be Mid to shall gain jurisdiction to do the work be an unreasonable time Moreover, It cannc be Mid that the of building sidewalks at that place, that Mid permits cannot be revoked Interests of the owners of abutting until the city has acquired Jurisdic- property are' unduly Infringed upon tion to order the making of sidewalks by such n requirement, because for In the district In which la inc'uded the whole period of time that, a parson the property In question, in the man- mav own property within the city, he ner provided in the statute governing has a right to have a sidewalk in front of his premises .constructed bv any that subject. 8ession Laws of 1901, page 153, licensed contractor whom be dea.rea to employ, and It Is only when the chapter 131, providM aa follows; Section 1. That section 273 of the city finally makes up Its mind to proRevised Statutes of Utah, 1699. be and ceed with tha work itself, when it the same is hereby amended to read take the Initial step to create a aide-walas follows: district, that he Is deprived of 273. Notice of Intention to tax. In such right. This provision of the ordinance, all cases before the levy of any taxes for improvements provided for In this then, as to the revocation of penults chapter, the city council shall glvs upon the first publication of the notica of intention to levy said taxes, of Intention to create n sidewalk disnaming the purposes for which tha trict, befog reaaogaMr, is valid, and In taxes are to be levied, which notice this particular case after the first shall be published at least twenty days publication of the notice of Intention, ia a newspaper published within such which was on July IS, 1906, the plaincity. Such notice shall describe the tiffs were not entitled to have (he perImprovements so proposed, tha bound- mit issued to them, and therefore, the aries of the district to be effected or city engineer was justified In refusing benefited by auch Improvement;, tha to ao Issue It when applied for on July estimated coat of such improvements, 31, J906. and all these facta having and designate a time when the coun- been net out In hn petition and apcil will consider the proposed levy. plication of the plaintiffs and they not If at or before the time ao fixed, writ- constituting facts sufficient to entitle ten objections to such improvement the plaintiffs to lie- relief for which s of they pray, the demurrer to said petisigned by the owners of the front feet abutting upon that por- tion end application upon the ground tion of the street, lane, avenue or al- should be sustained. Inasmuch aa the court la of this ley to be ao Improved, be not filed with the recorder, the oouncll shall opinion and inasmuch aa the demurrer be deemed to have acquired Jurisdic- to the petition and application should of tion to order the making of ktich im- be sustained, it Is unnecessary, course, to consider the case any furthprovements. a So, under this ata'ute the rlty does er, or to determine any other connected with It, hut Inasmuch not acquire Jurisdiction under the' notice of Intention to make the im- aa It may be of advantage la (he fuprovements coming within the act and ture to counsel to have the opinion to levy special taxes therefor until of tha court upon tha other queetinna the date for objection thereto on the raised In the case, they may be briefly part of tha abutters is passed. In Ibis considered. The affirmative answer of the departicular rasa the Jurisdiction to order tha building of sldewalka In tha fendants, as set nut In (he fifth and district within which tha property of sixth paragraphs. Is aa follows: That on the IRrb day of April, 1906, the plaintiff and applicant Joseph L. Carlson ia situated, under the Duties the defendant, Ogden City, made a conof Intention hereinbefore referred to, tract with the J. P- - O'Neill Construccould not be acquired until August tion Co. for the grading, bnlldlng and 6, 1906. If, then, the ordinance pro- repairing of all such concrete sideviding for the grantini of permits walk' as (he City Council of Ogden contained no other sections than tha City should order hullt and repaired first and second, there would ha ao during the year ifhd In Mid Ogden douol that, tha permit which was ap- City. This was a general contract for plied for on July 31 at should have been granted, Jurisdiction under the statute the building and repairing of aurh connot h living been acquired at that time crete sidewalks over which the rity The Mid J. P. by the city to order the work done. obtained jurisdiction. But it will ha observed that the fourth O'Neill Construction Co., In considersection of the ordinance, providing for ation of Mid contract and afier tha the granting of permits, deflnM what acceptance of the same, entered upon under Is meant, by gaining Jurisdiction to the performance of the work do the work of building sidewalks at Mid contract and I now proceeding to that place, aa follows: carry out the terms thereof. That on Sec. 4. When a notice of intention April 18. 1916. the Cky Council of Ogto build sidewalks in any district la den City awarded the eontrart. for published, it ahaU he deemed that Jur- building said concrete sidewalks in isdiction la acquired by Ogden City to Ogden City for the year 1906. to the do the work in auch district, from tha Mid J. P. O'Neill Construction Co. and data of the first publishing of such the defendant, Adelbert F. Parker aa notice of intention, and until the bear- city engineer waa ordered and Ining of the pro'est shall finally deter- structed to direct ihe work to proceed mine Jurisdiction, snd upon the date during the wuon of 1906, whenever of the first publication of any notice Jurisdiction is acquired and the Mid of Intention aa above no permits shall defendant, rarker. aa rity engineer, contract by and Issue 1 hereafter, and all permits be- an pursuance of fore imued for building walks in such be' ween Ogden City and the Mid condistrict shall expire and become void, struction company and aa required by except on extensions as set forth in the order of the 'ly Council did disection 3. rect and require he Mid J. P. ONeill The only question, then, in this case, Construction Co. to proceed with the Is: Can the city for the purpose of work of building concrete sldewalka revoking permits, attach a different whenever the cit should gain Jurisdicmeaning to the words, Gaining or tion thereof. And in pursuance uf acquiring Jurisdiction to make the Im- said notice of intention aa set out In provements or to do the work of build- the second paragraph of plaintiff's pedid, ing sidewalks than that of the statute tition the defendant Ogden City August. 1WW. obproviding for publishing of notices on Ihe 6th day build and make Imof Intention creating districts for pub- tain Jurisdiction lic improvements and providing for provements upon the avenue and land the levying of special taxes therein? described in said notice of intention, It seems to the court, that undoubt- and upon the avenue and land 'deedly the city ran do so, for theie Is scribed In the firs' paragraph of plainabsolutely no conflict between the tiff's application and the building and statute and tha ordinance, 'he objects construction of raid concrete sidei4 J- - F. ONeill of both being entirely dissimilar; the walk devolved upon AClU'FT Si. EXCURSION TO BOISE, IDA. Aug. 31st, .Sept. 1st, 2nd. Via Oregon Short Line (12.no round trip. Account Irrigation Congress. Ticket good to return until Sept. EXCURSION Bept. TO BIG HORN let and (rd. (30 round trip to Franala, . WyOn via Union Pacific and Denver or via Oregon Short Lins and Butte. . Ticket good to return until Oct. 1st. MAN WANTED! Somewhere near Ogden to assist ua ia bow tag sad selling properties. Ne 16th. to 14 experience necessary. If willing us 'each vnn tne real estate bualaeia-BaiarEXCURSION TO GOLDFIELD. to honest (46.00 per mouth hla time of man. te devote part 1st. willing 31st, Sept. August to (hi b'lsineo. Ogden to Goldfield snd retire 1191. LAND CO, Andros Bldg- - Mlnnaspslla, Tickets good to return until Pep. 19th. Minn. |