The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-26
INJUNCTION ASKED
Barber & Co. Bring Suit Against
the County Court.
ORDER TO SHOW CAUSE GRANTED
The Plaintiffs Claim that the Joint Building
Contract Cannot Be Legally Awarded
to Mr.. Bowman.

Barber & Co., the contractors, who put
in the lowest bid for the city and county
building, evidently do not relish the idea
of seeing the job go to ]. H. Bowman.
whose bid was several thousand dollars
above theirs, and they have instituted pro-
oeedings to prevent the contract from be-
ing entered into by the county. The action
is brought in the name of Edward 5. Gill
BERT and the complaint, which was pre-
pared by Stephens & Schroeder last even
ing, is as follows:
Edward S. Gilbert, in his behalf and in be-
half Of all others similarly situated, plaintiffs,
VS.. Harry Hardy John But; er, John G. Cahoon
and George w. Bartch, the duly elected, quail
fed and acting members of toe county court,
defendants.
For complaint herein, plaintiff alleges:
THAT he is a resident Of and taxpayer IN
the territory of Utah, and county Of Salt Lake.
2-That he brings this action in his own be-
half and in behalf of all others similarly sltua
ated,
3-That all others: similarly situated
of the county Of salt Lake and territory
of Utah, and that each of said persons may be-
come parties plaintiff to this suit by making APP
plcatlon for this purpose.
THAT the defendants, Harvey Hardy, John
Butter and John c. Cahoon. are the duly elected
qualified and acting selectmen OF said county,
| and that the defendant Geo. w. Bartch Is the
duly appointed, qualified and acting Judge OF
said county, and that together these defendants
constitute the county court OF Salt Lake county,
| Utah territory.
court threaten in violation of law and of their
duty as such officers, to enter into an agree
| ment with one John II. Bowman and Salt Lake
| City corporation for the erection of building
4 to be used for county and city purposes as
county court and otherwise.
| 6-That said contract SO threatened to be
entered into will create on the part of said
county court liability which exceeds the in
| come and revenue Of said Salt Lake county Tor
the last two years next preceding the time OF
| mourning the proposed liability, which the
plaintiff alleges to be the 25th day OF Septem-
| Der, 1891.
| 7-Plaintiff further alleges that said proposed
| contract was not entered into IN accordance
with section 1871, paragraph III, volume l.
spoons BILE bidder was one w. E. Barber Co.,
and that said John H. Bowman to whom the
| county court propose to give said contract, was
| not the lowest responsible b oder.
| S-That said members of the county court un
lawfully and fraudulently refused to enter into
| said agreement with Barber & Co. for the rea
| son that said Barber & Co, were unknown tc
| them, and for the reason that the person who
received the contract could carry the election
in the First precinct OF SAT- Lake city, against
the dominant party in Salt Lake city, and fol
the purpose of giving an unjust and unlawful
advantage to said John II. Bowman,
| Wherefore, plaintiff prays Judgment for ar
order commanding the defendants to show
cause why permanent injunction should moi
be granted restraining them permanently from
entering into the proposed agreement witt
said John II. Bowman for the erection OF SAID
court house and for costs OF suit.
| STEPHENS e. SCHROEDER.
| Attorneys for plaintiffs.
Mr.Schroeder afterward hunted up Judge
Anderson and obtained an order requiri ng
the defendants to appear in court thi:
morning and show cause as prayed. The
proposed contract was afterward amended