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Show II It m jmmMUM. i"" SCENE FROM "THE OLIMAX," OGDEN THEATER, TONIGHT , AND TOMORROW NIGHT. SEATS SELLING. 't HOLUNGSWQRTH WAS A LOBBYIST He Labored With, the Mayor and Council, But Tailed to Impress the m Mayor Then He Failed to Impress Bamberger Attorney E Finally Brings Action For a Large Sum How Charley J Appeased a Mob One Dark Night Several f Years Ago. !Duo to tho illness of. Juryman A. JL Wonger, tho hearing of. tho Hollings-worth-Salt Lake & Ogdon -railway caao was continued this morning until Monday Mon-day morning at 10 o'clock. Tlho court will bo at Morgan Tuesday oC next 7 week, Wednesday 1b a holiday and tho f matter cannot be heard. Saturday, so that, In all probability, thin case will not bo concluded until tho latior part of tho month. Tho court announced, to tho Jurymen. and tho attorneys In tho caao that Y Mrs. Wonger had advised tho court 1 that Mr. Wonger was HI last night of i gastritis, that he was not ablo to rest much during tho night and that It i would be Impossible for hlni to eorvo -v av a Juror todny. It Is statod that It I Itf not certain whother ho will be I abflr-tp serve Monday. In Uio 'Testimony of Plaintiff Jtlol- l llnsbworth yesterday afternoon, a bit i, of Interesting history was glvon ro il gnidlng tho courao pursued In secur- lng the Bamberger franchlso to build an olectrlc car lino Into and through this city In 190G. Tho plaintiff has presented tho defendant de-fendant with a bill of particulars set-: set-: ting forth tho cost of each 'arid ovbry , servico given by tho attorney, somo ' of tho services alleged to have boen rendered reaching Into tho hundreds and thousands of dollars. Mr. I loll I ngs worth charged $750 for his work as a lobbyist wIUi tho coun-cllmen coun-cllmen and Mayor Glasmann, and for tho drawing of a "snbstituto ordinance." ordi-nance." Ho Btated that tho original ordlnnnco was defeated and ho drow a. substltuto which pn3scd tho council, i but was vetoed by tho mayor. Ho told of tho strenuous efforts nut forth .with Mayor Glasmann, members of the 1 ' council, members of committees, tho ,' city attorney and others connected ', with tho city administration to got the franchlso through. Ho al3o worked ' with tho members of tho council to ; get them to pass tho ordinance over Mayor Glasmann's veto. Ho stated ' that he attended no fowec .than, ton . council meetings in tho Interests of 1 the defendant company regarding tho , procuring of tho franchise. Ho met with tho mayor and councllmon at tho L "Weber club, at his orflco, In commlt-A commlt-A I tee rooms and olsowhoro, to se.o tho J- I thlnr through. Ho had to explain to tho mayor and tho council that th"oH I should bo no occupation tax provided for In tho ordinance glinting tho fran-' fran-' chlso. because It was going to. .cost I tho company all the money It could l ' rnlso to build tho road, and tho rev-' rev-' enues from Uio operation of tho road would bo small for somo tlmo'aftcr Ittf i. building. - . r- 1 OSCAR FIGMAN ! m the comedy rolo of Ihdophllus, In 1 h Now York and Chicago Musical i Furore VADAM SHERRY." Corning 2 ' fo So SALT LAKE Theater. 3 days. S ucfiLanlng, Thursday, Feb. 3rJr' HI , The second Item of legal service was stated to be worth $1,000 to tho railroad company. It consisted of somoUiing like threo hours' work In overseeing and advising, legally, regarding re-garding the spectacular building of tho Hue along Lincoln avenue, between be-tween Twenty-llfth street and Thirty-third, Thirty-third, on Easter morning, i DOC. Hosnld he was advised that the Ogdon Rapid Transit companj contemplated laying their track along Lincoln avenue In tho district referred to and to thwart their plans he had advised tho Bamberger Bam-berger people to send a midnight special spe-cial over the Rio Grande with workmen work-men and bulldlnj material to law the track. Tho special arrived and Mr. Holllngsworth with Mr. Wright, went on the ground and supervised tho work of the night, spending the time between l and 4 o'clock In tho morning In the work; that he had conferred with the city attorney nnd the officers of the cjty that night, advising the Bamberger workmen to proceed, notwithstanding tho efforts of the Ogden Rapid Transit people to stop thorn, and notwithstanding notwithstand-ing the fact that property owners along the avenue ore Importuning thorn to'dosist and asking the officers of the law to stop the work. In connection con-nection with ttys transaction, Mr. Hol-lingsworth Hol-lingsworth paid certain damages for tho repair of a fence that had to bo torn down In the- night tlmo to permit tho workmen to unload the building material at the Rio Grande depot and ho also paid the men and teams employed em-ployed In tho servico, the amounts paid, however, having been refunded to him by the company. Tho witness said ho thought tho services rendered In this particular reBpect were reasonably worth $1,000 The third Item of service was stated stat-ed to bo worth $100. It consisted of certain work done toward seenring rights of way The witness stated that ho talked a number of hours with ono Sorcnson and his son to securo the purchase of a certain tract of land Immediately west of the Ogden canyon can-yon sanitarium, through which the Bamberger road was to pass on Its wny to the canyon. He looked after tho title to tho property and made tho deed of conveyance when It was finally transferred to Mr. Bamberger. Ho aided the council committee In drafting a notice for bids for the purchase pur-chase of certain land.-, sought to be bought by tho Bamberger people, and did other things of a legal nature, all of which was reasonably worth $100. The attorney for the defendant company com-pany objected to tho introduction of testimony on most of the matters testified tes-tified to by tho plaintiff witness on tho (round thnt lobbying before the council and tho mayor of the city, tho purchase of lands, paying of accounts, overseeing connection work andi other sen Ices claimed to hae been rendered, am not legal services and cannot be considered to bo strictly professional pro-fessional nor to' be paid for as professional profes-sional services. The objection was overruled by tho court. Hollingsworth Explains Items, Upon being asked to explain Item No. 1 of the bill of particulars, Mr 'Holltarsnorth replied that It had to do with the franchise obtained by tho Salt Lake &. Ogdn Rallwny company from tho city council of Ogdon, Utah; ,tho time covered was from about March IS to the latter part of June. 1905, that U the time the application applica-tion was miido to tho council for tho francMeo. right after tho adjournment of tho legislature, though he had vorv little to do with it until after tho Sth of May, then, during tho balance of 'that nifnth and the two succeeding months bo dovotod prnctlcally nil his tlmq to tho pending: franchlso before tho city council; that ho Interviewed Mayor Glasmann any number cf times and the members of tho city council, attended tho council meetings and tho moot!ng8 0 so-.e of tho standing committees of tho council having under un-der consideration the application for a franchise, nlto seeing other city councllmon coun-cllmon and City Attorney Bagley as to tho progress of tho franchUo; thoro were other franchises In opposition opposi-tion to this one, or applications for thorn pondlns at that time boforo tho city pouncll. In particular there was tho application of Mr. Barney Mahler for a franchlso for an lnterurbnji railway rail-way through Weber county Into Ogden Og-den city and northward towards Brig- l ham City and tho towns and counties to the north; this franchise vrns defeated de-feated and Mr. Bamborgor's was pnss-ed pnss-ed over the mayor's veto. Upon being asked as to whether or not Mr Bamborgcr said anything to him regarding tho franchlso to bo obtained ob-tained for the dofondant company from Ogden City, tho w:tnoss replied that Mr. Bamberger told him to do everything possible to aid tho franchise fran-chise in Its passage, to sec tho mom-berg mom-berg of tho city council, they bolng Mr Craig and Mr. Palno, of tho First ward; Mr. Williams and Dr. Powers, of tho second; Mr. Craig and Mr. Randall, Ran-dall, of the third, and Max Davidson and Fred Chambers, of the fourth, and J. C. Nc and Rollo Emmott. of tho Fifth ward, and Mayor Glasmann and CJtv Attorney Bogley; thnt he had talked with thefe councllmen and tho mayor and attending tho meeting of tho committee having tho franchise under consideration, the committee that had tho ordinance under consideration consid-eration reported a substituto to tho council which was passed, thnt substitute sub-stitute having beon written by the witness. That one franchise was prssed and vetoed and there was some question as to whether or not the veto had been made In timo In any event. .Mr Bamberger, as president of the compan, accepted tho franchlso. thoii the rlty attornev was directed bv the council to look into the legality of Its pnssage and approval and subsequently subse-quently a new franchise was presented present-ed and" pasted and that Is tho one that the substitute was mado for. and which was then passed and votoed and passed over tho mayor's veto, all members mem-bers of the council so voting to pass It over the veto. Having been asked by counsel as to what further services ho performed after the ordinance wns finally passed over tho veto of tho mayor, tho witness wit-ness roplled that In April, 190G, after the laying of the doublo track on Lincoln Lin-coln avenue, south of Twenty-fifth street to Thirty-third street, a letter was prepared by him and signed by Mr. Bamberger, advising the council that work under tho franchlso had been commenced, also asking the council to fix the amount of tho bond which the company wns required to give under section 10 of tho franchise. The council fixed the amount of tho bond In the sum of $20,000 Upon being asked to explain Item Xo 2 of the bill of particulars the wit-nets wit-nets replied that the franchise granted grant-ed to the company authorized the laying lay-ing of a double track on Lincoln avenue ave-nue from a point south of Thirty-first street, north on Lincoln aveuuo to Twenty-fifth street, east on Twenty-fifth Twenty-fifth atreet to Grant avenue, north on Grant avenue to Twenty-first street, east on Twenty-first street to Washington Wash-ington avenue, nortli on Washington avenue to the Ogden river, and then along tho rlvor to tho eastern city limits lim-its nt the north of Ogden canyon. At the same time tho Ogden Rapid Transit Tran-sit company had a franchise which gave It the right to lay doublo track on every street and alley. In the early ear-ly part of April, 190C, tho witness received re-ceived Information that the Ogden Rapid Transit company Intended to lay a track on Lincoln avenuo south of Twenty-fifth street. Upon this information infor-mation being conveyed to Mr. Bamberger, Bamber-ger, the latter came to Ogden, and shortly thereafter arrangements were made for a special train to como to Ogden over the Rio Grande, with ties and rails and men for the purpose of laying double track on Lincoln avenue ave-nue for the Salt Lake & Ogden Railway Rail-way company under Its franchise between be-tween Twenty-fifth street and Thirty-third Thirty-third street Mr. Wright and Mr. Holllngsworth Hol-llngsworth procured the teams and made the arrangements for tho team3 to be at the train when It came In. It came In and was on tho Rio Grande track back of tho Turnverein hall on Twenty-first street, and tho teams were there about 1 o'clock on tho morning of Easter Sunday, In April, 1906; the material Ttnd rails nnd ties were unloaded and wero taken to Lincoln Lin-coln avenue, south of Twenty-fifth street, and by daylight the track had boen laid on the surface of tho ground, nearly to Thirty-third street to Thirty-first Thirty-first street, being double track, and the rest of the way being single track. While this work was going on there wero a number of property owners on Lincoln avenue that wero out on tho street appealing to the pollco officers to stop tho work; the pollco officers were there, tho representatives of tho Osden Rapid Transit company were there with a string of cars which they brought down Twenty-fifth street and placed across Its Intersection with Lincoln Lin-coln avenue, and somebody telephoned to Judge Bagley, who was the city attorney, at-torney, and ho appeared on the scene shortly afterward. A discussion was then hail with the property owners, and tho other persons who were there and the pollco officers as to the terms of the franchlso and the fact that tho Salt Lake & Ogden Railway company had a right under Its franchise to hy this doublo track on that street and that It was doing this work under the ordinance and there were appeals by those property owners to tho police officers and to tho city attorney to stop the work. The laborers wero brought from Salt Lake City on this special train and they wero busy laying lay-ing the track, stringing the ties and placing tho rails on them, laying them on the surface of tho ground, the teams matclng trips from the train. While this was going on, representatives representa-tives of tho defendant company were present, also Mr. Vail, Iho company's engineer, and also a foreman that they had brought up from Salt Lake. Some one threatened tho latter and tried to prevent the work from going on, but he came to the witness for advice and was told to go on with the work, unless un-less a pollco officer stopped him, and to pay no nttention to the people that wero thoro or to those property owners. |