The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-10
COMMISSIONERS ENJOINED,
Holm SEAMAN AND OTHERS TAKE
THE MATTER UP.
compIaint Is n BIistering One-De-
.mher 80 Set as the Time to Show
Cause-Bids May BE Received.

commissioners advertised Tor yesterday I
was not such a busy one as the mem
bers thereof had anticipated. AS each
of the members assembled the court
house steos he was served with an
order from the court enjoining MIN
from letting the contracts for the con-
struction oe the new roads in ogden
canyon. The county clerk had pre-
viousIy been served with copy of the
complaint and the order from Judge
Rolapp. The commissioners were taken
somewhat aback by the action. for
although they expected opposition
their scheme had been rushed through
so rapidly that it was hardly expected
the opposition would act so promptly
The commissioners merely told the
clerk to let the minutes show that the
commission met and adjourned. Con
tractors were asked to keep or with
draw their bids for the present
The attorneys appearing for the pc
toner are Richards and Mcmillan and
o. E Pratt. and Evans and Rogers
The complaint is signed by John Sea-
man of Pleasant View. He did so
merely as a private citizen. though the
fact that he is also cOmmiSSioner-elect
is noted.
The com olaint is a blistering COM
mentary on the action of the commits
sioners in this matter. In substance it
is as follows:
/ Plaintiff alleges that he was and now
is citizen of the United States. a resi-
dent, taxpayer and elector of Weber
county, state of Utah: and brings this
action in his own behalf and in behalf Of
the taxpayers of Weber county.
,. That the said defendants, E. w.
Wade. w G. Wilson and John c. Child
are the duly elected, qualified and acting
county commissioners in and for said
Weber county, state of Utah.
g. That the said Weber county is the
owner OF and controls a certain public
highway extending through Ogden can
yon to Huntsville and Eden precincts in
said county which said public highway
for 30 years last past has been and now
is opened and used for the general public;
but especially used for the accommoda-
ton of the inhabitants and taxpayers of
Huntsville and Eden precincts IN going
10 and from the county seat of the said
county OF Weber.
1. That the Pioneer Electric Power com
pany. a corporation organized and exist
ing pursuant TO the laws OF the STATE
of Utah. is now about to construct Dam
across Ogden canyon at point near q
place known as WinSloW 5, wnlch Sald
darn when constructed will be Of d
height of about 65 feet and which Will re
tain the water flowing down the Ogden
canyon, thereby inundat ting and over
flowing large portion of the said pubic
highway and destroying the same ana
rendering it impossible between Sa-4u
WinsloW's and Huntsville and Eden pre-
cincts which said public highway aboNe
said dam is situated in said precincts.
D. That on Dec. 2, 1895, upon the petl-
ton of few of the inhabitants of Weber
county the county commissioners uhiaW-
fully and IN violation OF their outles d
commissioners passed a resolution by the
terms of which the said county commls-
Sioners propose 10 needlesSly CONSTRUCT
two roads leading out from the Sald
public highway below said WinsloWS on
either side of The reservoir which viii
be occasioned by said dam. The con-
struction of said roads VIII cost the
county the sum of about $4,000 and
which construction is entirely for the ac-
commodation and benefit of the Pioneer
Power comp2ny t Wian9nr any pu'ii'
6 That afterwards, to-wit: on or ABOUT
the 5th day of December 1886, the sara
county commissioners advertised Tor DIGS
in The public newspapers of Ogden City
for bids for the construction OF Sald ROADS
which said construction said county COM
missioners propose TO De az IIle e *. l IS
of the inha bitants and taxpayers OF s1Iu
Weber county and to be paid Tor from
the county treasury of said county
T. And the said commissioners give ou'
and threaten that they will let the con-
strTIction of the said roads 10 the loWesl
and best bidder on Wednesday, Decempei
9. 1885, at 10 O'Clock a. m for me con,
struction of said roads at the expense Vi
the county aforesaid.
8 That the expenditure in the conStruc-
ton of said roads for the accommodation
many aforesaid. will incur an indebted
ness and liability of the said county N
excess of the amount allowed by law 1oI
q And the said petitioner further al,
leges that the amount Of money required
for the construction of the sald rodus
as aforesaid is about to be pa1o LOT lns
sole benefit of and use OF the san
Pioneer Electric Power company ana no
for the benefit and use OF the lhndpll
ants and taxpayers OF WEBER county
WADE SCORED.
IL. And the plaintiff further alleges tina
the said E. w. wade was anu - 49,, ~ -
Power company, and receives a salar!
from the same, and as sucn IN ms ON i
cal action as county COMMISSIONERS Is Il
the matter aforesaid acting for the SOL
heneft of the sad Pioneer Electric Pow
er company and against ire INTERESTS y
the inhabitants and laNpayeIS u III
said county of Weber.
II And the said plaintiff further allege
on information and belief. and so stase
The facts 10 be, that the defendant com com
ynissionerS as aforesaid, IN cohhectlol
With the said Wade, have and are IN
lawfully conspiring together for the pur
nose of securing money out OF the pGDli
treasury of Weber county, to eXpeno o.
ssid roads in order 10 relieve the Plonee
electric Power company Of any eXpehs
or burden relating thereto; whereas, Il
truth and in fact, il is the duty Oh IN
pioneer Electric Power company, as pro
yided by law, to construct SAID ROADS d
its own expense. 49,. ~,
- And the plaintiff further alleges ina
the said county commissioners propose
make said expenditure OF money OUT 9
the treasury OF said county Tor the peheH
and use of the said power company
without any consideration or petluo
therefor upon the part OF inhabitants an
freeholders of Huntsville preclnct IN sal
county and against the direct protest
large number of the inhabitants an
freeholders of Eden precinct IN sal
Is. And the plaintiff further aIlege
that if the said commissioners are he
enioined from proceeding further IN U
PREMISES. they will Immediately let IN
contract for the construction OF sdl
roads and Illegally pay out large sums
money thereon for the construction {
said road and thereby incur an lndeptee
ness and liability largely in excess OF N
faxes which will be collected Zor IN
cIrrent wear. and will waste and illegal
exnand the money paid by way OF taxa
lion into the county. treasury, Tor IA
sole use of the purpose and beneht OF n
pioneer Electric Power company 10 On
great and irreparable injury and danlae
of the taxpayers OF SAID county
Wherefore, the piaintll1e prays ~
,,,anf AGAINST the said defendants, thf
+bev and each Of them IN their onlcli
canacjtv be enjoined from entering int
roy1trac+ whatever with any perso
any ~ constrlction of said road an
from having out any money WhaleVt
+-ono the public funds for that Durpos
aud for general relief
Tndge Rolapp set December IL as
t;roa for hearing on order to sho'
ca,,ee Mr.. Seaman's bonds We're IKE
- S95O John Driver and Nathanl'