The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-10-26
IT Is now ON.
The First Street Fight
Commences.
INJUNCTION ASKED.
The Two Car Companies and the
City Made Defendant.
FRAUDULENT AND CORRUPT
Arrangements to Rob, Ruin and Defrlud >
the Residents of First street-A Very
Vigorous Protest.
The Two Car Companies and the
City Made Defendant.
A" FRAUDULENT AND CORRUPT
Arrangements to " Rob, Ruin and Defraud "
the Residents of First Street-A Very
Vigorous Protest.

An injunction suit against the Salt Lake
Rapid Transit company, the Salt Lake City
Railway company of Salt Lake city, was
yesterday brought in the Third district
court by T. W. Jennings, Spencer Claw
Byron Groo, Arthur Brown, w. II. Rowe,
Florence Dinwoody. j. f. Wells, JAS. Jen-
nings, c. S. Burton, w. j. BeaJie, w. S.
Clawson, Pricilla Jennings, Joseph A. Jen-
nings, -- F'arnsworth and the trustees
OF Brigham Young college. The complaint
is as follows:
Plaintiffs, for themselves and for such
others residing upon a block hereinafter
described as have similar rights to those of
these plaintiffs, who may hereafter see fit
to join the said plaintiffs in this action,
complain and allege:
The plaintiff, Thomas w. Jennings, al
leges that he is the owner in fee of piece
Of lane lying in the city and county of Salt
Lake and territory of Utah, abutting upon
the south side OF First street, at the corner
Of "A" street; that he owns 165 feet along
the said First street, running westerly
from ''A' street, and piece of land facing
thereon, of the value of s., 600 and upwards.
The said plaintiff Arthur Brown alleges,
that he is the owner of piece of land
abutting on First street, described as fol-
lows: Commencing at a point feet east of
the southwest corner OF lot Is; thence
north 10 rods; thence east 10 feet; thence
south 10 rods; thence west 40 feet TO the
place of beginning, all in plat Il" Salt
Lake city Survey. That the said land
ADULTS for the space of 20 feet on the said
rircr CT ic Of l,,a of =
and upwards.
That sad plaintiff, Spencer Clawson,
represents the ownership in fee simple of
the following described property AUDITING
on ssid First street: 3Xl0 rods, lot /, block
?, plat l; 2x10 rods, lot /, block . plat l
l0x10 rods, lot II, BLOCK l, plat L; 5xl0 rods,
lot l, block ,, plat L; 7x5 rods, lot 9, block
l. plat |.
Plaintiffs further allege that they are
each and all owners of land, as aforesaid,
abutting upon that part of First street, in
the city OF Salt Lake, county OF Salt Lake
and territory of Utah, lying between First
East street and A street. constituting
block Of land 81 rods long; that said street
is laid out as a narrow street, about rods
in width, which includes sidewalks, bitches
and other expenditures to the street; that
said street was dedicated as such by Brig
ham Young, who owned all the said land
and took it up under the townsite entry,
and to whom patent was awarded. IL
was dedicated by deed, conveying it to the
city for the purposes of a highway, which
includes passage by foot and by horses,
and djd not contemplate any passage over
the said street by any motor power other
than horses.
Plaintiffs allege that the said defend
ant, the Salt Lake City railway company,
is corporation organized under the laws
of the territory of Utah for the purpose of
owning, managing and operating street
railway; that the said defendant the Salt
Lake Rapid Transit company is likewise q
corporation organized under the laws of
the territory of Utah for the purpose of
owning, managing and operating street
railway; that the defendant, Salt Lake
city, is a corporation organized according
to law for public purposes. Plaintiffs fur
Their allege that in the year 1890, by Sc
ries of resolutions, so called, the city coun-
Gil Of Salt Lake city granted franchises,
one franchise TO the Salt Lake City rail
way company and another franchise to the
| Salt Lake Rapid Transit company, giving
severally and separately to each of said
companies the privilege OF building rail
way track along the said street aud allow
ing them to use any motive power excepet
steam; that the terms and conditions of
said franchises to the said Salt Lake City
railway company and to the Lalt Lake
Rapid Transit company respectively, are
fully set out IN marked quotations from
their respective charters, giving the whole
of said provisions and conditions, appended
to this complaint, that by the terms of the
franchises of the said companies and each
OF them, each of said companies is confined
to the center of said street unless other
wise directed by the city council; that no
| direction otherwise has been made by the
said city council.
Plaintiffs further show that the defend
ant, the Salt Lake City Railway company,
entered upon said street during the sum
mer of 1890, and constructed track not in
the centre of said street, as required by law
as aforesaid and by the permission of the
city council, but on the northeriy side OF
the centre Of said street; that for the pur-
pose of using The said track, the defendant
the Salt Lake City Railway company pro
posed to use electric cars, and to provide
the means of using the said electric cars
they stretched wire and erected poles al
the side Of the said street, near TO the side
walk, but on the street side thereof; and
from said poles, which were large posts OF
about eight inches in diameter, wires were
extended from one side of the street to the
other, the posts being on each side of the
street; and along the said cross wires was
hung or connected wire running length
wise over the street for the purpose oil
making connection with the trolley of an
electric car so as to propel the cars along
said street by electricity; that the sale
poles thus being strung along the entire
length of the said block, occupy the entire
street. They are placed within two OF
three feet of the sidewalk, so that there is
no room between the said poles and the
sidewalk for teams or horses to pass at all
They were placed opposite each other ant
within 40 feet OF each other, so that the
street is, by their presence, diminished tx
the width of As feet. Between, the said Sal
Lake city railway company constructed it:
track. The same was not constructed il
accordance with the terms of the grant OF
franchise from the city to the railroad com
pany In this: that it was not in the center
of said street; it was not made to conform
to the grade of the surface of the street a.
it existed before the construction of sale
railroad or as it now exists. but is raised
above 1T; the space between the tracks wa!
not kept in good repair, or made of suitabl,
, material upon which to drive, but tn,
space between the tracks and for the space
of more than two feet on each side thereof
was thrown up with large, loose cobble
stones so that no team or wagon coul(
rive thereon.
Plaintiffs further allege that as thu
, constructed, the said street is utterly OBJ
structed, so that passage cannot safely b.
had thereon; that ali passage by teams i
dangerous, for the reason that the wires
strung overhead by the Salt Lake City rail
way company are liable to become out O
order and fall; and if they SHOULD
fall, being charged with electricity
would be dangerous to life and pro
lperty and for that reason it i
unsafe to drive along said street under sait
: wires; that the said Rapid transit compan,
{ threaten also to direct another system O
: wires, which will increase the danger ant