Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-05
FOB THE CITY OFFICES.
The Suit Against Three "Liberal,'
tsnueiimes
IN THE FOURTH MUNICIPAL
wA7D.
Proceedings Taken to Remove
Them from the Council.

The following is the complaint
filed in the Third District Court on
behalf OF the Peoples candidates fol-
couHeiltnen, whom Judge Zane
ruled were elected TO the City Coun.
elf:
In the district Coi;ft IN and toi
the Third Judicial District Of Utah
Territory, Salt Lake County:
The People Of the Territory OF
Utah, residing in Salt Lake CITY,
on relation Of Richard w. Young.
John Fewson Smith and William
! J. Tuddenham, plaintiffs, VS.. Louis
C0hn, worden 4. Noble aud Lucius
+. Hall, defendants
I TIE People Of the Territory Of
Utah, by JAMES Y. Mosle, pruses
cutting attorney Of the County OF Sat..
Lake, and Territory Of Utah. on
relation OF Richard w. Young,
VIM. J. Tuddeuham and John Few
son Smith, the individuals above
named: cothplair Of said defendants
ana 3ilege' .
Firs:.2That there Is & seftaiu
municipal corporation now existing
under the laws Of Utah Territory, in
the county Of salt Lake, in the Ter
ritory aforesaid, by the name and
style Of Salt Like City, and tina, the
same now has and for over two
years last past has had over ~, O06
inhabitants, and the same is n city
OF the first class under the laws Of
Utah Territory.
Sscond.-That said city is and
has been for more than two years
last past divided into five municipal
wards, which are numbered respect
lively one, two, three, four, and five.
Third.-That the said Richard w.
Young, John Fewson Smith and
Wm. s. Tuddenham aforesaid are
each Of them citizens Of the United
States OF America, and that they
are, dud have been for more than
one year last past, residents, and
freehplders, and qualified electors IN
the fourth municipal ward Of Sal.
Lake City.
FouIth.-That on the 10Th day OF
February, 1899, there was an elec-
ton held in the said city OF Salt
Lake for the purpose Of electing,
among other officers, one mayer,
fifteen councilmen, three from IA
municipal ward, 10 serve in said city
as the city council thereof, f5f the
ensuing two years.
I'Isfh That ~, pnfN ..Ta.Fsn., sf,.-
to wit, on the 10th day OF February
aforesaid, the said Richard W.
Young, John Fewson Smith and
VIM. J. Tuddenham were then and |
there qualified to hold the office of |
cOuneilmen, and being then and |
there candidates for such office,
received Of the legal qualified voters |
of said fourth municipal ward OF |
said city each 4S2 votes, and that no |
other persons Were -oted for in said |
ward or by the qualified electors |
thereof for said offices Of councilmen |
save and except three persons. the |
aforesaid, namelyWOrden |
p. Noble, Louis COhn and Lucius |
{. Hall; and that each Of said last |
persons, on said day, re-
ceived only sos votes for said Offices,
being less number Of legal votes
than was cast and received in favor
Of said first named plaintiffs.
Sixth.-Plaintiff' further ALLEGES
that said Richard w. Young, John
FewsOn Smith and VIM. ]. Tud-
ienham were on said day, and now
are, the duly qualified ana elected
for and from said fourth
wari, Of Salt Lake City;
hat they have accepted the said
offices anG are now ready and have
offered TO enter upon the dis
charge Of the duties thereof.
Seventh.-Plaintill further alleges
hat the sail defendants. I.ouis
jOhn, Wouleu T.. Noble and Lucius
Z. Hall, pretending to be the coun-
linen of said fourth municipal !
ward, have unlIwfully usurped and
ntrudcd into, and now are unlaw-
lilly usurping and holding said Of
ices, and are unlawfully pretending
o be cOuncilmen from ami for said
ward, TO TIE damage and injury Of
he people Of said ward, and To the
iamage OF said plaintiffs.
Wherefore, the plaintiffs pray
Judgment against said defendants
mi each Of them, that they bc ex-
'luded from the Office Ofcouncilmen
rom said ward in said CITY, and
hat they be forbidden to further ex-
rcise any rights hereunder, and
hat the plaintiffs, Richard W. .
ioung, John FewsOn Smith and
Vim. J. Tuddenham he adjudgcd
0 be the rightful holders Of said
flices of councilman from said
yard; and that upon taking
he oath Of office and exec uting the
fiicial bond required by law, they
e authorized TO take upon them
elves the rights and execution Of
aid offices; and for such other aud
Irtlier relief as said realtors may !
e entitled TO.
JAMES II. MOVIE.
Prosecuting Attorney for Salt
axe County.
lie GRANDE NoUNG,
+. ;. RICHARDS,
4