Show FRANCHISE MUST FACE THE real estate men of bring church into suit to restrain city from granting privileges to power company A second suit asking for an injunction to restrain the utah light and railway company from operating under the franchise granted by the city council aug 4 restraining salt lake city from accepting the land an bl cottonwood canyon that Is to be deeded over by the U L R it company in consideration ot the franchise and asking that the franchise be declared invalid was filed in the als court yesterday in tha name of thomas homer mr homer Is president of the salt lake real estate he states in his complaint that the mormon members of the council and mayor as members of the mormon church have an interest in the granting of the franchise as the church owns an interest in the company the text ot the complaint Is in part as follows state of utah ex rel thomas homer plaintiff vs salt lake city a corporation po ration and utah light and railway company a corporation defendant complaint comes now the plaintiff and for cause of action against the defendants alleges as follow 1 that the relator now Is and for several years last past has been a citizen and taxpayer of salt lake city state of utah 2 that tha defendant salt lake city Is now and for a number of years last past has been a municipal corporation organized and existing under the laws of tha state of utah 3 that the utah light and railway company Is and for several years has been a corporation organized and existing under and by virtue of the laws of tho state of utah and engaged in the operation of a gas plant an electric lighting an power plant for the purpose of supplying the resi dents of gas light and power and a street railway system in salt lake city utah and the plaintiff is informed and believes and therefore alleges that eaid utah light and railway company now owns the franchise here smore granted by the city of salt lake utah to the following named persons and corporations for gas lighting and power purposes viz D F walker salt lake and og dea gas and electric light company pioneer power company and utah power company and utah power company and the plaintiff Is informed and believes that the said utah light and railway company has purchased the franchise heretofore hereto fors granted to or owned by the following named corporations po rations for street railway purposes viz the salt lake city railroad company and the salt lake rapid transit railway company and said company has purchased and now owns franchises granted by said salt lake city utah td other corporations and individuals for electric lighting and beating and other purposes 4 plaintiff Is informed and believes and therefore alleges that the church of jesus christ of latter day saints Is a voluntary association of individuals banded together for commercial and religious purposes and that eald church according to its rules and regulations holds a conference of its members and officers at salt lake city utah deml annually and has done so far n number of years last past and it has been the custom of said church at said conference to elect the then president of the church to the position of trustee in trust for the members of the church and said church and its mem bera to transact in his name as trustee in trust the business of said church and enter into such contracts as he deems proper for the promotion of atre commercial interests of the church and its members and he is elected to said position by a vot of the members attending said conference and plaintiff Is informed and that joseph F smith 01 trustee in trust holes and controls and has the legal title to a part of the stock of the utah light and railway company which he held nevertheless for the benefit in part of rulon S wells W J tuddenham A F parnes J H pierce F S B H dails and F J hewlett councilman R P morris mayor of defendant salt lake city and other members of church 3 that said church since its inception has been engaged in commercial pursuits and daring the last few years it has greatly extended its commercial enterprises and is now engaged in banking mercantile manufacturing railroading and various other commercial pursuits and all of the members of the said church are co partners in the various commercial enterprises in which said church Is engaged including the utah light and railway company and air of said enterprises are controlled by the trustee in trust of said church and the profits and proceeds arising from the commercial enterprises including those arising from the t utah light and railway company are held ay tho said tristea in trust tor the use and bene clr of the co partners and the members of said church including R S wells W J tuddenham A F barnes and J H preace 6 plaintiff is informed and be |