The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-27

The answer and a demurrer in the
case of the Oregon Short Line VS.. the
Ogden Union Railway & Depot com
pany was filed yesterday by Attorneys
LIE Grand Young, A. w. AGee and
Thomas Marshall The demurrer is on
the ground that the complaint does not
state facts sufficient to constitute a
cause of action; that there is Il defect
in the joinder Of parties defendant, in
that the Union Pacific and Central Pa
cific are not made defenda1ts; that
the plaintiff failed to allege in it's COM
plant the names OF the owners and
claimants OF the property, il known, or
q statement THAI they are unknown.
Further, it IS claimed that failure has
been made by plaintiffs 60 allege that
the property which it seeks TO have
condemned for q right of way is for
more necessary public use than that
to which it is now devoted; that it has
further failed TO allege that any effort
has been made to contract with the
owners of said land for the right to
cross the same; and that Furthermore,
the complaint is ambiguous and uncer-
tain, as it fails to specify in what place
or manner the plaintiff seeks to con-
meet It's switches with other portions
of its lines.
THE ANSWER.
The answer admits the preliminary
allegations of the complaint which deal
with the ownership of the property ana
the location of tracks, terminals,
switches and the like. 1t denies that
the plaintiff needs the land described
in the complaint for the purpose OF
constructing a railway line across 1t.
The further claim is made that the
Ogden Union Depot company does not
own the land. but holds it by lease
from the Union Pacific and Central
Pacific companies, and q consequent
defect of parties defendant is alleged.
NO REASON FOR CHANGE.
Further answering, the defendant al
legeS that the Union Pacific and Cen
trail Pacific own and operate lines con-
Meeting in Ogden, which give through
line from the Missouri to the Pacific
ocean; that in 1899, defendants took
possession Of said lands by lease and
have expended about 100000 in con-
structing about so miles Of tracks and
erecting, large and valuable buildings
to make a suitable terminal, not only
for the Union Pacific and Central Pa
cific companies, which still hold the
majority of the stock, but also for
rental to any and all other lines; that
| the defendant is now and is willing TO
continue furnishing said defendant
with ample tracking and terminal ia
| cilities The answer further states
: that the right of way across defend
ants property could not be granted
without great damage to public bust
ness, and danger to human life, and
that there is another route for the
plaintiff to take in connecting its lines
north and south of Ogden.
PROTESTED TAXES.
The Commercial National bank of
| Ogden yesterday filed suit against A.
| D. Chambers, as treasurer of Weber
county, asking for an order to show
cause why the said treasurer should
not be restrained from selling the
plaintiffs property for tax sale. The
| complaint alleges that $50,GOO OF its
J capital stock is represented by United
| States bonds; that S242, 000 was repre-
! scented by real estate. The assessor,
| it is charged, levied tax upon the
whole capital stock without allowing
any exemptions, and instead Of ascer-
tanning the net value and assessing it
| to the respective stockholders. The
plaintiff has paid the taxes ON the
real estate, but sets up that it does
not own any of its shares of stock
they being the property of its share
holders. An order to show cause was
made returnable Dec. at 10 a. m.
SHORT COURT ORDERS.
The formal sentence of Judge RolapI
sending Frank Steward, whose true
name is Frank Ferguson, to the state
prison for one year, was pronounced
yesterday.
William Reese VS.. B. Malan; motion
to dismiss argued and denied.
Utah Loan & Trust company VS.. z,
B. Hurlbut, tax collector; plaintiff
granted leave to withdraw from files
the tax receipts heretofore used as ex-
| hibits.