Show ff SALT LAKE department FROM OUR SPECIAL correspondent and alleges that ail the property of the said utah light and railway company Is mortgaged for abndt and thai the actual value 0 said property does not exceed and that about the year 1895 waford woodruff as trus acs in trust of the church of jesus christ of latter day saints and the members of said church guaranteed the payment of bonds issued by the pioneer power company in a sum to in exceed of 50 POpO and eald utah height and railway company purchased plant of said pioneer power company and assumed said obligation of said pioneer power company and the said guarantee of the said trustee in trust on behalf of the said church and the members thereof including R S wells W J tuddenham A H dails and F J hewlett councilman of and R P morris mayor of defendant salt lake city and others Is an existing obligation 7 that tho city council 0 salt lake city utah did on the ath day of august grant to the utah light and railway company a franchise consolidating all of the franchises now add by it and above enumerated ana granting to it the right to use the streets of salt lake city tor the nenod of fifty years from july 1 1905 for the purpose of laying its railroad tracks thereon and running and operating pars on said tracks and with ahe right of stringing wires on poles in said streets for the purpose of conducting electrical energy and having wires and gas mains under the streets for the purpose of conducting electrical energy and gas and said franchise also provides for rates of compensation to be paid by paid salt lake city and ita citizens for electric lights and electric power and for street railway fares and directly affects the financial interest of all citizens of the city of salt lak the mayor of the city of salt lake did on the ath day of august 1905 approve said ordinance As a hajy of the consideration tor salt lake arty granting said franchise the utah light and railway company is to convey to salt lake city certain pretended water or power rights on the big cottonwood creek together with certain parcels of land and easements 10 the city council of salt lake city consists of fifteen members that seven of these members to wit rulon S wells A F barnes W J buddon ham F S fernstrom E H davig J II 11 ind F J hewlett and R P morris the mayor of salt lake city are now and tor a number of years last past have been members of the church of jesus christ of latter day saints la good standing that rulon S wells is one of the high officers of said church to wit one of the seven presidents fit the seventies and a such receives reasonable compensation for his services from said church out of the funds of said church partly derived from its commercial investments including its interests in the utah and railway company that W J tuddenham and A F barnes are bishops counsellors coun actively engaged in the work of said church that eight votes were cast for the adoption of said ordinance in the city council of salt lake city and seven votes were cast against its adoption and each of the said seven coun citroen who belong to the church of jesus christ of latter day saints voted for the adoption of said ordinance and without the vote of each of said seven members said ordinance would not have received the necessary number of votes to have passed and without the approval of the mayor who is a member of the church of jesus christ of latter day sainte said ordinance could not operative that reaid ordinance la void and illegal and should be declared null ani void by this court because each of the seven members of the city council who belong to the church of jesus christ of latter day saints had at the time they voted for said ordinance an interest in the stock of the utah light and railway company 1 11 that said franchise granted ly salt lake city co said utah aught and railway company is a valuable property right and assets of said salt lake city and said defendants will unless restrained by this court consummate in the utah light and railway company and this plaintiff has no ade or any remedy at all at law where fore the plaintiff prays that the baid ordinance granting a franchise to the utah light and railway company be declared to be null and void and that tho utah light and railway company be enjoined from deeding conveying and releasing to salt la ko city the property herein described as a consideration tor said franchise and from operating under said franchise and salt lake city is restrained from receiving said property as a consideration for the grantins of said trap chise and that until tho application tor said injunction can be heard an order be issued restraining said defendants and each of them from doing any of the abovementioned plaintiff prays for such other relief as may be just and equitable T SANFORD attorney tor plaintiff state of utah county of salt lahe ss thomas homer being first duly sworn deposes and says that he ia the relator named in tho foregoing complaint that he has read said complaint and kiowa the contents thereof and that the facts therein stated are true as to those matters stated in information and belief and as to those facts he verily believes it to be true THOS HOMER subscribed and sworn to before ma this day of august 1905 W BENJ PUTNAM seal notary public WILLIAM ROBERTS ARRAIGNED william robert charged with grand larceny to be the leader of a gang of confidence operators that has tourists and others in the city or weeks was arraigned before judge diehl yesterday morning on a charge ot grand larceny he has been identified as one ot tha anen who robbed james rice wisconsin tourist ot in a saloon a few aya ago roberts pleaded not guilty he will be defended by james M hamilton the date tor the hearing was left open it being desired by the officials that rice the alleged victim b here to attend the hearing and assist in tha prosecution of the defendant roberts mho was arrested by police sergeant roberts was taken to the county jail in default ot ball money W L morris ano was arrested at the sams almo roberts was taken into custody was arraigned on a charge ol 01 grand larceny and pleaded not guilty his bail was fixed at 50 this amount he furnished JAP WAITER IN TROUBLE W S Ya momoto a japanese res caurant brauer was arraigned in poi lies court yesterday morning on a charge of assault with a deadly weapon with intent to commit murder the defendant is represented by judge 0 W powers and judge thomas marioneaux his ball was fixed at 1000 and in default of this he was committed to the custody of sheriff emery A pica of not guilty was filed by the attorneys tor the defense and the case will be warmly contested is a waiter in a restaurant A few nights ago he and edward brown a patron of the restaurant had a dispute over the charge that was made for a steak in the quarrel a blow was struck and after ahe light that ensued brown was found a slight kalta wound WILL LEAVE FOR DENVER A large number of local G A R people will leave for denver over the rio grande saturday to attend the annual reunion of the organization among those who will go from hers are R G and wife H P burns and wife mrs cliff and niece mrs canning and daughter mrs owens dr A K smith jesse elliot and wife mesdames jenkins schnell melton misses gregor and argabrite Orga brite A B lawrence and wife W B short and wife A grovener and wife H F evans and wife L elnell J johnson 0 B miller J P redman commander wilson G W ramsay william W P rowe S E greger alfred commander bell william crome IRISH LEADER RECEIVED william H P redmond the noted irish leader arrived here from ogden yesterday and was taken in charge by col joseph geoghegan he was taken at once to col geoghegak Geoghe gas residence where a public reception was given in his honor at which hundreds of representative citizens were present program for the day includes a drive in the morning followed by a trip to saltair beach mr redmond will deliver an address at the salt lake theater tomorrow night at ROGERS DIAMOND CASE frank rogers who is charged with grand larceny for the alleged theft 0 a diamond valued at from james Ternay Mc was arraigned before judge diehi yesterday and pleaded ty he was represented by attorney james M hamilton the preliminary hearing is fixed for thursday morning at 10 ocl cok and the tall of the defendant is fixed at the theft is alleged to have taken place july S SALT LAKE NOTES J V long convicted of having performed a criminal operation on a young woman and sentenced to serve two years in the penitentiary was taken to the houss on the hill yesterday morning samuel M johnson and sherman holman have captured a giant tarantula in a rock quarry near the city and have presented the varmint to all hallows college which is making a collection of native ln sects albert coffman has sued the rio grande western railroad company tor damages alleging that an em aloye of the road chased him from a rapidly moving freight train threatening to him with a club man declares that he fell beneath the wheels of the train and that one leg was cut oft and that he was otherwise badly injured |