| Show Co Court art Orders Ogden City CommissIoners to Cease Mole Molesting Tent Ten t Theatre T Thea tre Judge Issues ssu s Restraining Order When Tayl Taylor r Amuse Ause A use use- Company ment-Company C Complains of Action Taken to torce F Force Removal From Grant Avenue Location THROUGH THROUGH an order issued by br Judge James N Kimball to- to today to 1 1 day the Og Ogden en et city commission and aud an chief of police were restrained froth from molesting interfering or preventing the Tay- Tay Taylor Taylor lor br ent company company from flom pr producing theatrical the perform perform- performances performances ances at Twenty second l street and Grant avenue annul rn ne restraining or order IS accompanied I ITne by bynn b by an nn order ord r r to show cause George E t Browning Com Corn Commissioners Commissioners missioners Chris Flygare and lIar lIar- man liar man W Feery and nd Jonathan Jones chief of ot police are aro called to appear In Kimball Kimballs court courtat courtat at 10 o'clock Friday Fridly morning to show causo why they shall not permanently be restrained from from interfering with It the tent show enow dur dur- durIng during ing the tho term of the license Js- Js issued sued la-sued sued to the company lL CO FILD D Judge issued the tho res res- restraining res- res restraining restraining training ord order r upon the tiling filing ot of ota ofa ofa a complaint by n 11 F Taylor In behalf of the tho Talor T lor amusement company the tha city board an anti chief of rolco rolCe The complaint 1 medics that time cIty Issued a e to the amuse amuse- ment company and also al o Issued a to wire the tte lent nt for electric lights and made JI Inspection of ot tIme the lighting The complaint Int goes goe on to say that theae tell t owner o of Ogden n asked the tho city to revoke the tha 11 Il 11 censo and that shortly r the city the tent was In the tire tiro anti and Issued or- or or tIers for Its lis removal Mr Mc M Taylor as asserts that ho h Went yent to creat expense 0 o move his show here tele upon ec lot ot of ot tho anti that no now nest he bc city threatens to remove hIs hi time the plaintiff has hns hn n no plain speedy or o adequate rein ly at law and In th thu Ott On la lage l'age C Three ORDER HALTS SHOW REMOVAL from Crom Page Iao One Continued event the tent was removed and and the performance topped It would cause the plaintiff Irreparable In- In Injury injury In Injury jury Chez and Douglas DO represent the Taylor people as attorneys TEXT TI Or Of ORDER Ju Judge Judeo order reads as II follows The plaintiff tt In the above en- en entitled en entitled titled tilled cause commenced action In the District Court of the County of o Weber State State- Stat of ot of Utah against the above named defend defend- defendants defendants ants and having prayed for Cor an Order Restraining and EnJoining defendants end cId requiring them to refrain front fron certain acts acta In saId Complaint and hereinafter more particularly mentioned NOW in NO In the complaint In action dolly verified by the oath oath- of ot the 1 plaintiff and it satis sati- satisfactorily appearIng to me m there there- from Crom that there ther arc are sufficient grounds for tor ln grall an Order to how Cause why a 11 restraining or- or order or order der and should not be granted It is therefore ordered 1 that the above named defendants and each of o them appear In depart depart- department department ment meat No 2 In Ia the th district court courtot ot of Weber county Utah In the court house in Ogden City Weber eber county Utah on the day of JulY 1926 at 10 o'clock a m of said da day to show cause It if any they have why they should not bo be perpetually enjoined and re- re restrained re restrained strained from Crom molesting log Ilg or preventing plaintiff from producing his theatrical perform perform- performances performances ances on the th lot at Twenty second Twenty street and Grant avenue In Ia Og- Og Ogden Ogden Oe den City Weber county Utah during the lire life of ot the th license al- al alleged alleged al in his complaint It is further Curt her ordered that the defendants above name named 1 and each of oC them their servants agents so- so solIcitors so solicitors attorneys and all others acting In the tho aid or assistance ot of the tho defendants or any ny of them do In the tho meantime absolutely desist and refrain from from Crom molesting Interfering or preventing plaintiff from producing his leal per per- performances performances performances at Twenty second street and Grant avenue In 11 Ogden Weber county Utah until the further orders of this court the tho said laid plaintiff having given a cash bond in the sum of ot two hundred undred dollars as required by the judge juds-e conditioned to pay any and nil all damages which defendants may sustain by reason of this order JAMES N KIMBALL I Judge Dated this day of ot July Jul 1926 TO TEST ORDINANCE ORmo City CHy Attorney A W Y Agee to- to today today to today day said the tho city Is desirous ot of testing the validity of oC Its ordinance ordinance ordinance nance creating II a a fire tire district Prior to the time the re restraining order was granted grant Id I'd by Judge Jude Jud e Kim Kim- Kimbail ball Kirn-ball Im- Im ball bail he h said the tho city intended to Issue IIi a a complaint and arrest arTst of- of of officials of the tho amusement company as violators of oC the tho city's fire tire zone ordinance However Mr fr Agee Acee continued if IC the tho Taylor Brothers Amuse Amuse- Amusement Amusement ment meat company through Attorney Horney n B J Douglas is going ahead with the action to test teat the tile validity of their license and the validity of our fire tire zone zono ordinance v o shaU not take any action until the mat mat- matter matter ter is settled Mr gee Ageo said that under Ida ruling whereby he held eld that the license granted to the tho company to operate its tent theatre the tre on Grant avenue Is Invalid 1 because It was ass not acted upon by tho timo city commission many other othel licenses Issued by hy the city recorder with with- without without out action by the tho board boar of city commissioners are aro also Invalid The Tho ordinances might be bl made valid ho he continued It if lbs board of city commissioners were to ratifY the action of ot the recorder In issuIng the licenses |
