The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-06-28
THBSTREETC WAR
The Hearing on the Injunction
Held Yesterday.
STRONG AFFIDAVIT FILED
Of the Iaw-It is Taken Under
Amusement.

ItaplO Transit company, reslraininS IL iroiu
putting down an interlaced track on Second
South street, and also on the order restrain
ing the Salt Lake City Railroad company
from removing the ties placed in its track
by the Rapid Transit company, was held
before Judge Anderson in chambers yester-
day, Rawlins g. Chritch low appearing for
the Salt Lake City company and p. L.
Williams and c. L. Jack for the Rapid
Transit.
Mr.. Rawlins opened the proceedings
with brief statement OF the case and read
the complaint upon which the injunction
against the Rapid Transit was issued. He
then offered 10 evidence the resolution
adopted by the council in February, 1889.
granting the city company a franchise for
a double track road on Second South street,
from Tenth East westward. Mr.. Rawlins
then read an affidavit OF r. c. Chambers
and w. p. Read. which was as follows:
1 am and have bsen since prior to the year
1889 resident of Salt Lake city. Am ac-
quainied with the plaintiff, the Salt Lake City
Railroad company. In the summer OF 1889. S iid
company :, In In -, pursuance ,r OF ons aatnori'y
double track street railroad upon second South
street. extending nearly the entire length OF
that thoroughfare.
That said company also. in pursuance OF like
authority from the said city. constructed and
put in operation upon other streets single aud
double track street railroads TO be operated in
connection with the said street railroad. so
erected and constructed upon the said Second
South strt ct. Immediately, said company
caused said lines Of railroad to be SO equipped
that stree. cars were placed thereon, with all
necessary c0nveniences for the accommodation
OF the public and operated over and upon said
street car lines by means OF electric motive
power. That said lines, including the said
double track street railroad upon Second
South street, we've so constructed, equipped
and put in operation at a very large expense,
and il strict conformity with the terms, con-
ditions and provisions contained in the resolu-
ton OF the city council. under the authority OF
which the same was constructed That since
the original construction OF said street railroad
the said company has kept and maintained the
same and operated and propelled cars there
over at frequent and short intervals OF time
during each and every day. commencing AT
o'clock in the morning and continuing until l2
O'Clock midnight so as 10 AFFORD adequate and
complete accommodation in the way of raoid
transit to all persons desiring TO travel on tie
street cars of said company. That upon the
said double track on Second South street cars
are run each way every ten minutes.
On the night OF the Esd and 9th OF June, while
said company was in the actual. peaceable pos
session of said railroad together with the por-
and wires and other things necessary 10 the full
equipment ana full ope-at on OF said road, and
after said company had been in the peaceable.
actual and unoisturbed possession OF the said
Grating the same for the convenience and ac
commodasion OF the pupiic for more than TWO
years. in conformity with its rights and fran
chises. the said defendant, the Salt Lake Rapid
Transit company and the said j. 5. Cameron.
and the said c. Is. Jack. with large force OF
men supplied with picks and shoyels ana other
implements. and with the ala q ID q sstance OF
about fifteen or twenty persons claiming TO be
members OF the police force OF Salt Lake city.
and armed with clubs and pistols AID other
deadly weapons. with force and violence entered
upon said property Of the said plaintiff and be-
gan digging and exccvating upon and under
meath and along the said tracks and right OF
way OF said plaintiff. and impairing and de-
stroylng the same, began the construction OF
another railroad track occupying the same
ground covered by the tracks OF the said plain
TN. That Notwithstanding the said defendants
the said plaintiff in and 10 said tracks and right
OF way. by threats and violence and oy assault
ing and beating the representatives OF the said
plaintiff while eudeavoring 10 protect the TRACES
cars and right OF way of said plaintiff. and by
causing the said representatives 10 be arrested
and carried on the said defendants continued
their midnight raid and depreciation upon the
property ana franchise OF the said plaintiff until
they were prevented from SO doing By the in
junction issued.
To the cross complaint Of the Rapid
Transit company q general demurrer was
entered.
Mr.. williams then offered in evidence
the franchise granting the Rapid Transit
company the right 70 construct and oper-
ate q single track road on Second South
street from First East to Seventh West
and the acceptance of the same. This fran
chise was granted on May q, 1890, and was
accepted the following day. He next
offered in evidence map filed with the
city recorder by the Rapid Transit CON-
pany, showing the situation on Second
South street and the road proposed to be
built by that company. This map and pro-
tile were filed on May 10 last.
This was all the documentary evidence,
and the Rapid Transit company called j. S.
Cameron, who testified:
81 am the president Of the Rapid Transit
company. The map and profile introduced
here was gotten up by our company for TIE
purpose of showing bow our track could be
built on Second South street without inter
fering with the other company at all, and
still occupying but one foot additional to
the track of the city road. We proposed to
put In our ties between those OF the other
company and TO spike our rails to our own
ties. It would only be necessary to cut one
rail Of the other company's track and that
would be ct the place Of entering their
track and at the place Of leaving. To put
In frog would taxe but very few min
utes. and the entire work would not inter-
fere with the operation of their road. I
was on the ground when this work was
commenced the other night The rails Of
the city road were not interfered with. We
have lines on the east and west sides, but
have no franchise for direct communication
A.e-~~n thn wro~k 1fnoo