Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-26
CHECKED By MAYOR SCOTT
Who COmpeis the Men to Quit
for the Present.
so THE QUESTION OF FRAN.
cHisE CAN BE DETERMINED.
The Lawyers Now Censideriur In.
Matter.-why the Work
was Hurried.

street, and under the direction n
Superintendent Read and his rs
sistants in the employ Of the Sal
Lake City Railway, stationed them
selves at various points from North
Temple 10 Ninth South Street, AMI
began preparing the bed for n double
track railway. This proceeding wa:
uuheralded, but the curiosity o.
the people was soon satisfied by the
explanation that the extension o.
the street railway along this
thoroughfare was the improvement
that had been promised in the latte,
part Of last year, but which, owing
to the severe weather, had to be de-
ierred. Now that the spring was
open, and the funds on hand. the
street railway was going to work in
earnest. There was no disputing
this assertion, for between $50 and
zoo men were plying their tools
vigorously, and within a short time
the eye could trace along the entire
street the line Of the excavations for
the ties.
The people along the street were
generally jubilaut at the pros
pect of rapid transit connec-
ton with other parts Of the
town, and the action OF the railway
company plainly indicated two con-
ditiOns, one being that the public
look with strong favor upon the
service now given by the electric
cars, and the other that the resi-
dents along the entire length Of
First East street are very anxious
for the street railway to put a line
down there.
The proceedings caused quite
a commotion at the City Hall, and
among certain capitalists, the latter
particularly. Members of the City
Council presented themselves AMI
asked what authority the rail-
way had for putting a track down
on the street The reply was that the
compaDy's franchise gave them the
right and the public good made il
necessary. Then Mayor Scott came
and made similar inquiry, elicit
ing the same response. He denied
that such was the fact and declared
that the company had no franchise.
The railway officials insisted that
they bad, and had held it for fifteen
years or more. The mayor, how
ever, would not accept this state
ment, and ordered the work to be
forthwith.
Things began to pat on a lively
particularly at the City
Hall crossing over First East, where
several hundred men had assembled
70 listen TO what was going on. There
was a great deal s1id, the mayor in
sisting that the railway company
must not put its line there, aud
must forthwith withdraw its work
men. The Railway men took the
position that he had no legal right |
to take the course which he had in
They had right to lay a
track on the street, and II the mayor
OF corporation questioned H. the
lawful way to proceed was by Sc
curing an injunction and letting the 1
courts decide the matter. The streets |
were not the property OF the cor
poratiOn, but were for the use of |
the public, and as the ope-
ration Of street Railways was 4 legiti- /
mate use, when a company had re- |
ccive1 a franchise, it was unlawful /
to prevent their enjoyment Of tick
cept in the way provided by law,
which could only be determined By
the courts.
Mayor Scott gave directions to 4
Marshal Young to prevent further /
work on the street, and insisted that |
he knew Of no franchise granting 1
the railway company the right TO |
occupy that street Then a force Of |
policemen was called TO execute |
the Mayors orders, by force If nee 1
though Delther the railway |
men nor their employees exhibited |
any belligerent spirit The railway /,
men did, however, denounce |
the use OF force to prevent 1
the prosecution Of the work |
as an outrageous AMI unlawful pro-
eeeding, and they suggested that II |
the mayor knew of no grant to the |
company for First East Street, he /
should find out what had been done |
and ascertain what the city's actual |
position was before he proceeded.
The matter was discussed 10 a con- |
extent, but it was evident |
that no arrangement could be made /
at the time to definitely settle she |
matter, so President McCuue and 4
Nice-PresiGent Chambers, Of the |
railway company, agreed with the /
mayor TO suspend operations while |
the attorneys for the respective par
ties endeavored 10 arriveat n solution
OF the problem. The storm coming |
on just after work was stopped pre- |
vented any effort at resuming oper-
atoms during the day.
As TO the question Of the charter. |
for the railway company, the first |
franchise was granted April rs,
1872. Itprovided that certain con- |
ditions should be complied with in
the laying and operation Of railway
lines. Among these conditions was
one that certain portions of the track
should be laid within a given time.
One part thus affected was First
East Street, between First and Third
Third South streets. Four years
after the granting of the first fran
rhise, an extension OF its terms was
isSed for, as 10 the streets on which
lines could be operated. The follow
ng was passed by the City Council,
Is shown by the record.
RESOLUTION
jran,ing to the Salt Lake City Rail-
road Company The right 10 con-
sruc; and operate street railroad
in certain streets in said city.
Be it resolved by the City Council Of
ALT lake City that the salt Lake CITY
lailroad Company, its SUCCESSORS and
.ssigns. have the authority and con-
ent Of the City Council. and the per-
mission is hereby granted il, 10 con-
truct a double track switch commenc-
ne at the intersection OF First South
nd Second East streets, and running
lorth on Second East Street twenty
20l rods, thence east four 90 rods
cross the sidewalk 10 the company's
tables, and also TO construct and
'Peraie a single or double track street
abroad, together with all necessary
witches for the accommodation of
'Ald road on other streets within the
'0rporate limits Of Salt Lake City I
where the Railroad is not now run
1ing' as II shall ibe needed hereafter. s
ilpJect 10 the same conditions. obligs-
IONS restrictions and provisions as
re contained in a resolution OF said
council, granting TO said Street Rail-
CAD on certain streets therein named.
Approved April 18th 1872, and for
ne same term dating from The ash }
lay Of April, ISL {
Adcp.ed January 9Th, 1876.
DANIEL II. WELLS. Mzvor q