The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-13
OGDEN
THE CITY COUNCIL ENJoUINED.
Suit to Recover Valuable Real Estate-Sewer
Work-0ther Matters of Interest.

The expected complaint in the Third district
court enjoining the city council from proceed
Ing with the erection OF certain municipal build
lngs until certain difficulties were removed, was
not fled by Judge Rhodes until late last even
ing
The plaintiffs in the action are Clarence
Channel and William Bucher and the defend
ants are f. j. Cannon, E. NJ. Allison. jr., j. r.
Elliott James a. Calvert, II. W. Shurtlif,
Thomas D. Dee, NJ. n. Graves, II. b. Spencer
John McManis, Il. c. Lundy, councillors; w. II.
turner, mayor, and r. c. Smead.
The following is set forth in the complaint:
THE COMPLAINT.
FoE cause OF action the plaintiffs state:
That they are residents and taxpayers of the
City OF Ogden, Territory OF Titan.
That the City OF Ogden is a municipal corpo-
ration Of the Territory Of Utah.
That the defendants, Frank j. Cannon, Z. NJ.
Allison, H. j. 4. Elliott, II. W. Shurtlin, James
A. Calvert Thomas d. Dee, NJ. n. Graves. ii.
Il. spencer, Robert c. Lundy and John Nc
MANS, together with William II. Turner, as
mayor, are, and they do constitute the common
council OF the said City of Ogden, having been
duly elected thereto, and having entered into
and on their duties respectively.
mat on the 18th day of October 1891, the
City of Ogden, acting through its common
council entered into a contract with one
Il c. Smead defendant above named,
by the terms of which said r. C. Snead was to
erect certain building within the limits of
ogden City, TO be used ana owned by the City II
Ogden when erected as a central fire station,
That the consideration TO be paid SAID R.. c.
Smeao by said Ogden city for the erection and
completion OF said building was and is to be the
sum of 81 Y25.
That at and before the time said Ogden city
through Its common council entered into said
contract with said r. c. Smead said defendant,
j. A. Calvert being at that time member of
the common council of the city OF Ogden, was
negotiating with said r. c. Smead. defendant.
Tor the procuring of subcontract from the said
h. Z Smead on said building towit: The
furnishing Of the brick and the laying of the
same in the walls of said building
That after the said h. C. Smead had procured
sald contract from said city or Ogden said ] A.
Calvert, who was still member OF said city
council OF the city OF Ogden did receive from
SAID IL. c. Smead contract to furnish the brick
Tor and lay the same in the walls of said build
ing, and II was agreed between said Smead and
said Calvert that said Calvert should receive for
the furnishing Of said brick and the laying of
the same the sum of s 800
And plaintiffs state on information and be-
lei that the letting OF said contract to said
Calvert by said Smead was in pursuance of
some former understanding between them and
Tor no other reason than that said Calvert was,
member of said city council OF the said " of
ogden because that responsible parties had
OHereu SalG Smead 10. and were ready TO furr
nlsh such brick and place the same in the walls
IA SAID building at much less sum, to wit:
1885,
plaintiffs further state on information and
belief that the defendants, Thomas ID. Dee an d
II. II. Spencer, being members of the Eccles
Lumber company, Ogden City, Utah are inter
eSteu IN contract with said Smead to furnish
all the lumber and building material in the
nature OF woodwork and lumber material 10 be
used in said building
That said Dee and Spencer at the time of the
contract with said Smead to furnish said lun-
Der and building material, were members of the
city council OF the City of Ogden and are still
members thereof.
plaintiffs further state that said buildings
now IN process OF erection, that defendent has
TINS Gay commenced the laying of brick in the
walls OF said building, and plaintiffs are in
formed and believe and so state that the Eccles
Lumber company nave not as yet furnished
any OF the lumber and material 10 and for the
SAID building but are about to do so
Plalntllfs further state that they have in con-
nectlon with many others petitioned the com
mon council Of the city OF Ogden to investigate
the charges contained in this complal nj but
1nat the common council of the city of Ogden
Rave refused as yet TO cake any definite action
in the matter
plaintiffs further state on information and he
lief that j. a. Calvert, Thomas d. Dee and Il. ii.
spencer being members CT the CITY council
are ali directly and indirectly Interested in the
construction of said building for the CITY of
Ogden and that for the common council of the
city OF Ogden composed as aforesaid TO carry ont
the contract with said X. c. Smead for the
erection OF said building and to make payments
therefor 10 the said r. c. Smead is contrary to
the laws OF the territory of Utah, and that these
OF equity.
Wherefore they pray that Ogden City and the
common council of said Ogden City and the
members thereof as aforesaid and the said r.
G Smead may be eniCined from proceeding
iufIher unCer SAID contract and that plaintiffs
may have such other and further relief as
equity ard good conscience may require
L. r. RHODES
Attorney for Plaintiff
The hearing will come off on Saturday