| Show VOICES FROM THE TIIE PEOPLE the legal aspect of the depot at pot ini 1111 broglio EDITOR HERALD there lias has been much said recently by tho the newspapers and by the public in their meetings and through their committee and yet the tile status quo seems to remain as no definite result remit has been obtained when officials of the union pacific arc are approached coached go pro ached they declare their willingness lin t gness to proceed at once to erect a new and respectable depot building and only await the concurrence ocilee of the central pacific railroad co which the tile U P officials sa says y s wants to place the depot building off the ground donated by brigham Brig bai young for that purpose believed believing Beli eviD this to be both an fin absurd aud and illegal proposition I 1 determined to examine tho tile deed of Brig liam young which is on record in the recorders R ec orders of fice deed book I 1 pago page it is dated oct ath ika 1874 for acres consisting of various lots and id is made to the union pacific and central pacific railroad oom companies I 1 nuiet aa as tenants in common on the following allow consideration covenants agree ments men ts etc of caid said railroad companies 1 that said companies make ogden the permanent junction of 2 thai that said companies make immediate and find permanent location of their junction and depot at said ogden city on the land herein granted and that shall forever be and remain the tile junction depot of the said mil railroads roads these conditions arc are expressed as tile consideration but it contains a covenant on the part 01 of P fraid railroad companies to perform the 0 trie trae the baid faid companies did not sign the deed but they accepted the deed and I 1 land nd and nd have used and claimed it ever since therefore the covenants are is as obligatory on them it in law as if they had formally signed the deed besides under this deed the tile rail load toad acs ics can only hold said land and for t itic tie purposes ur posea and dedications expressed for there is no other consideration not even the nominal one of a dollar whenever the land shall bo be pervert perverted 40 d from the objects 0 of the donation and dedication therefore it will revert to the original donors their heirs ac the two companies are joint oti 11 L rs as ai tenants in common and either haa bas the right to use its share for the purposes odthe donation and thereby save its interest from forfeiture whether tho tile other dues does so ur or not or both have the right to continue a joint occupancy and have thereon a union depot building but it one acts contumaciously that need not hinder binder or deprive the other from improving in lor for it is a very easy matter to 11 ave davir ir interest partition edT here is nothing in ill the deed that requires a jo joint int occupancy of the land for each owner may way have its interest and it depot buildings t separated lepa rated from the tile other whilst not only the interest of each owner and the public and city would be gr greatly batly benc fitch by line title depot buildings corn com with the business of the several roads with the importance wealth growth and future prospects of the city these owners have a of placing their depot buildings anywhere on said eaid lands landshut but have bave no discretion to place ahr alion in or any uny of them elsewhere and when they do bo the consideration ha hwi failed faile d their covenants ar arc a broken the tile dedication ceases and the reverts to the donors it is hard to conceive that intelligent railroad rai road authorities guch such as control the central Pacific Railroad should t in vio violating latin its covenants and forfeiting the I 1 land and by a failure ofton and a perversion odthe of the dedication it is a plain plan legal proposition that these coro panka roust must erect and keep their depot buildings on said eaid 1 an dud and if either has over ever contemplated tem plated placing them elsewhere will subi erve their own inter cst est as 03 well as ai the public interest of the city by an immediate abandonment ill of such purpose and placing the contemplated new building on the tile land where good faith alth and the law lav require it should bo be placed LEOIS for a pleading to this read genesis 1 14 and 15 EDITOR HERALD most potent grave and reverend railroad lords I 1 at this time do we the recipients of thy favor leok look to thee und and plead that from thy bounties thou wilt grant to us a great and needed boon lor for our bodies as well as our minds are in dar kinas and greatly need light that we may see clearly that aur ur arduin au duin feet ma may y not strike ilie the nuila nails haf ii ui bill aed in the ou on the that our bensi ti 0 may nut not CO come tre in ill contact with alleg eted truck frnk our st stomachs be guided 60 na ai not to collide with ex drw agns ns and iu in fact our entire bo from promiscuous truar trunks I 1 bosca boxes and bundles overlooked in the dark and laft I 1 ly Y ing around loose until the carnal feelings of man it aro are arouse aroused d by coming in in contact with and falling falline over them then most venerated sir it ia is not meet thine cars ears should hear bear the blasphemies balled forth na 09 they urika for now the tile dearv traveler travel r cannot pursue ue the mr i craight might and rill barrow arow path linth diat leada lead to bia his destination denti nation but wanders anders 41 is davio to get into by a aud till lot bains therefore wit of Y barita fA Rita smil smiles to guide us your way give 0 give us two we pray one at the south of the ex express so as to shine on one side and one north of the central pacific office so 80 as IRS to light the other side sido of the depot and to thee will we ever ascribe the glory for ever and ever amen 0 41 RAUB LEns |
