The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-15
WILL THINK OYER IT
The Injunction Will be Decided
Within Ten Days.
WILLIAMS CLOSING ARGUMENT
The City Councillors Can Sell Property Only
to the Highest Bidder-Facts
Laid Bare.

Yesterday morning P. L. Williams made
the closing argument for the plaintiffs in
the case OF w. L. Pickard ct al VS.. Salt
Lake city, in which it is sought to enjoin
the defendants from executing an agree
ment with James II. Bacon for the sale to
him OF the Old Fort square. AT the outset
he held that the members of the city coun-
ell were simply trustees for the people, and
they had not the right TO dispose Of public
property except to the highest bidder In
this case, ii was shown that 10 effort had
been made to obtain a higher price for the
square than that offered by Mr.. Bacon. If
1t was fact that the city could obtain
$4,000 for the square from other parties,
then the city had no more right TO sell il to
Mr.. Bacon Tor Sl50,0OU than IL had to take
81, O00 from the city Golfers and give il to
Mn. Bacon. He took the position that un-
less the authority was specially conferred,
a municipal corporation Can not give bonds
or otherwise aid railroad enterprise. he
dissented from the opinion OF Mr.. Dickson
that II the avermenCs of the complaint
were true, the plaintiffs lad put themselves
out OF court. the proposition made
By Mr.. Bacon was one which
did not cost him dollar There was no
mutually about the contract. It was Il
= SHSNACGS PicptSiol OL, OnS NuiCu gave
Bacon tue block for TWO years for not6ipg,
and at the END Of that time gave him the
privilege OF buying it for thousands of dol
lars less than even its present value.
The case was then submitted and Judge
Anderson announced that he would give it
has immediate consideration. He intended
to leave for San Francisco in the evening,
but expected to return in about a week.
OTHER BUSINESS.
In the case Of E. E. Merit ct al vs. John
Howard, a motion TO set aside Judgment
was overruled.
In the case of the Carey Lombard Lum-
Der company Us. Charles Shafts ct al, the
demurrer was oVerrul ed.
John r. Howard ana Mrs. Eliza Everett
were arraigned in the Third district court
yesterday morning on charge of adultery,
alleged to have been committed on Deem
Der {, 1896. The defendants entered pleas
of not guilty.
The case of S. c. Ewing, administrator
OF the estate of Henry Collins, deceased,
VS.. A. j. White, was then taken up. Suth-
erland u JUDD appearing Tor the plaintiff
and e. y. Critchlow for the defendant
The suit was brought to recover $500 al
legged to be due on promissory note. The
/ deteuse admitted the execution of the note,
| cut alleged that 1t WAS paid prior TO the
death Of Mr. Collins.
The case went to the jury with insUruc-
| lions to return sealed verdict, which will
oe opened on Monday.
WHITE GOES TO THE SHERIFF.
The matter of the application of John
! White Tor writ Of hd6CdS corpus was tnen
taken up. 1t will be remembered that on
Friday White obtained verdict against
the Union Pacific for S4,aG0 for INJURIES
sustained by him at the hands OF Union
Pacific brakemen at Salt Wells, Wyoming,
IN July last. The evidence in that case
showed that White was on his way from
| Wyoming to Salt Lake, and not having
sumclent means 10 ride as q passenger, was
paying the railroad hands small sums TO let
him ride. Only July 9th, Pat Taggett, one
of the brakemen on the train on which
White was riding, either fell from
the train or was thrown off, and
shortly afterwards died from the injuries
sustained. The rest OF the crew suspected
! White OF having thrown Taggett of, and
when they rea, he'd Salt Wells he was maj
| treated in SHOCKING manner. Afterwards
he was arrested on the charge of murder,
but after an examination was discharged.
On the night before the civil case was taken
Up here, Sheriff Wutmore arrived from
! Wyoming and had White again arrested on
the charge of murder. The court ordered
the officers to keep White here until after
| the trial OF that case. On the hearing yes
| terdaY 1t appeared that the papers We're all
regular, ana White was remandad to the
| custody of Sheriff Whitmore, who will
start for Wyoming with his prisoner to.
| day.