The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-22
OGDEN
AN INJUNCTION.
Filed by the Tax Payers Protest
ing Against Paving.
An Arrest for AGultery-News in All the Courts
General Gleanings-Rail-
road Notes.

The long expected injunction suit against
the city to prevent the paving of Twenty
fifth street was filed in the First district
court LOST evening
The plaintiffs in the action are j. C.
Armstrong, William Driver, James H.
Spargo G. w. Murphy, John Broom, vii
liam Chapman aid II. L. Griffin. The de-
PENDANTS are the mayor and city council of
Ogden.
The complaint is very lengthy and con-
tains no less than q dozen closely type
written pages. In the complaint it is
alleged that William H. Thurner, r. C.
Lundy, John McNanis, H. H. Spencer, M.
n. Graves, Thomas d. Dee, H. w. Shurt-
lift, E. NJ Allison ir., ]. B. Elliott Frank
j. Cannon and James M. Calvert and the
mayor and members constituting the com
mon council of the city of Ogden city, that
while acting In that organized capacity did
on March Z, 1892, passed a so-called resolu-
ton or ordinance creating three distinct
and separate paving districts in the said
city OF Ogden; that on March %, at :55 a.
m, ID. II. Peery and sixty-elght others,
who are owners of property in paving dis
trict No. 2, which is located on Twenty
fifth street. filed a petition with the city
recorder Of Ogden protesting against the
levying of any local assessment against or
upon their property for the purpose of
paving.
That the common council working as an
organized body on May 2 instructed the
city recorder TO advertise for bids. The
complaint further alleges that the pro-
posed action of the council is entirely with
out authority ana beyond their jurisdis-
ton.
That the notice of intention heretofore
published to create paving district 70. 2
does not conform TO the statute. viz: THAT
1t is uncertain and indefinite in that il does
not state whether il is the intention to
pave or macadamize said district, and if TO
pave the kind Of material to be used. That
the whole of the lands to be effected by
the said local assessment is not sufficiently
described; that 1t provides only for written
objections; that the costs could not be
properly estimated without designating
the kind of material intended to be used,
That many real estate owners would
have signed the protests had not certain
members of the council stated TO them that
the matter of the kind of material would
be left to the majority of the property own
ers in the district.
The complaint further alleges that if the
contracts for the laying of the Utah saad
stone, the material that had already been
decided upon by the council, were not
limited to Ogden city alone, but left open,
free and unrestricted, the city of Ogden
could make much better and more favor
able contracts as there is but one corpora
ton engaged IN that pursuit in Ogden at
the present time.
The plaintiffs pray that the defendants.
their agents, attorneys, ETC., be perpetually
enjoined from laying any assessments upon
the plaintiffs real estate, and upon all
other real estate owners similarly situated,
for the purpose of paving Twenty
street.
II. II. Henderson, and Brown & Hender-
son appear as attorneys for the plaintiffs