Inter-Mountain Republican | 1908-11-04 | Page 3 | Defeat Jesse Knight in Depot Case

I II I DEFEAT JESSE KNIGHT IN DEPOT CASE CASI 1 I City Council Counci Wins Out in Granting Granting Grant Grant- ing log Franchise for fOI New J Station Staton I Republican Special S Service Provo Prove Nov XO 2 Judge T. T D D. Lewi- Lewi Hitting for Cor JUl Judge c john John lohn E. E E. E Booth looth in tn time the case casc of or T po Knight y vs H. H F I Thomas ind nd ot others her has haa hW sustained In tn tl demurrer Following Is the ruling o ci of tnt court Tho Tile defendants defendants' Je in tc tt above entitled cause having ln been here here- argued and submitted and til court being beinG fully advised In th the tho pr prem tl m- m I it i j Is ordered and adjudged that thal the time defendants defendants' ants ants' demurrer r be and the tame I sam same IH be Hereby sustained r In upon the demurrer the court Is IB of the opinion that tie Lie words ical real property of such el city ty or Incorporated Incorporated town In S Chapter 7 7 Compiled Laws of or Utah 31 1907 1917 do not Include 01 or refer to of ot such dt city or town and ha bases HH its iK ruling upon sub suba a l of the tho statute Tho The case caso h has cau caused much comment In Provo Proto timid and IB Is the tho el outgrowth of or an an East and We Sest t end sectional fight over the time location locton of a union depot Some Pome timo last bummer th the Rio Gr Grande nde Western West West- ern era and fan an Los s ells 1 and Salt Sui Lake railroads petitioned n tile the tte Provo et city council for fOl a Q franchise for or a depot at tie the intersection of oC Sixth South and amid Third West est str A large num number er eror of or signed petitions asking the council not to gran le franchise for that for that lo 10 location In- In cation caton were pre presented to Lo the council but bUl It I that UI there e were enough h in favor of granting the thc franchise to toP P pass s the measure and rind remove time tho station eta sta tion three farther west west Uncle Jesse Knight Knight who was ono one of or the Lie most active in fighting the proposed 00 secured an ii order from rom roll tit the Fourth Pis- Pis trl t court enjoining the tue council from passing parsing the tho proposed ordinance The Time case was OS tried before Judge T. T D. D Lewis LwIs on omi July 17 17 upon the demurrer set ct ct up b by tho the defendants and amid time the rulIng ruling rul rul- ing given above W was wis s handed down this morning Tula ruling dissolved ol cc the I injunction and nd m s of or the tho council counci aid toda today that un unless uness smet lnA were yere done clone to prevent reent them time the tlc ordinance e. e franch franchise e c for a depot on Sl Sixth th South and Third West Yost would be beas as massed ased ne next nest t Monday night J J. J W. W N. N chief ehle counsel for or plaintiff said today that an appeal b be t taken kon Just as R soon a as the papers apers could bo ho maim maclo out out Mr Ir White White- otton c-otton as Js confident that his contention Ill i-Ill 1 bo be e sustained arid tho the ruling of the court revers reversed d. d