Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-09-20
TnE INJUNCTION CASE.
TESTIMONY OF the tx.couScllats
Aii say u Was rnderstood aud Agreed that
the Line would Not ne Extended
supreme Court Decision.

Judrc Ifiics Is sim occupied taking
tssilmony In the injunction ease Of
the East South Temple street property
bwnefn against the salt Lake CITY
Railroad company. and the probahHl-
Ties are that The whole OF tomorrow
VIII De taken up before conclusion IL
reached.
Aflcr the "Ncws" report closed yes
to-day afternoon The piainiins were al
lowed 10 amend their complaint and
charge the street railway company
with fraud In keeping an agreement.
given y. o. Horn by superlntcnd. nj
William Road. from being incorporated
In The grant extending the franchise.
His honor also ovorrulcd proforma
the objection 90 Recorder Backman's
testimony. hut that gentleman being
absent from court. y. o. Horn was
called 10 the stand. Mr.. Horn tesil-
ned that he was member ~
the city Council ln 1893 and that the
railroad company In that ysar petl-
Toned Tor an cNionrIun OF us franchise.
Al The same time. ST. Horn said. there
was protest from the residents OF
brigham street. and the matter was
referred to u committee % which Mr..
Horn was chairman. on one occasion
in particular. be- stated. h. discussed
the waiter with Mccuno. Chambers.
Armstrong. Crirhi1w and Read. ana
subsequently an aEreemcut In writing
was drawn W and delivered 10 him as
chairman OF the committee.
WAS that agreement ever presented
20 the Couuclll" was then asked.
Ne" replied Horn. hut they were
told about H."
Mr.. Horn then explained that he had
lost the agreement and had been un-
able to ma II. Court then adjourned.
ToDAY's PROCEEDINGS.
Mr.. Horn was recalled today. lie
said that he Insisted as condition %
the favorable report that east OF y
street be eliminated from the fran
chiae Wiinena further testified that
| the members OF the street railway com.
| pany said they were too poor and had
no intention ~ extending the road on
/ South Temple street East " y. on
/ this assurance being given, witness
said h. CONSENTED 20 the report going
/ In to the Council For his own prOtec.
ton Horn said he wanted the agree
mcnt In writing. This was Furnished
him by Superintendent w. Z. Read
Thi purpori Of the writing was that
the company had given w the street
and aid not Intend 10 build On % unless
requested 10 do 20 by the property
owners. He called on Mr. Read In the
/ capacity Of chairman u committee on
improvements. The report to the coun'
ell. Mr. Horn said. was made after th'
written agreement had been made bi
| Read. Witness further stated that h
acquainted number Of people Inter,
Gated with what had been done. ant
showed the written agreement TO sew
erai residents 81 brigham street.
T.. y. Rich also testified that he wa
present at the meeting between tn
Council committees and the ofhcert %
the Street Railway company. He re-
Numbered distinctly Mr. Horn insisting
that east souih Temple b. eliminates
from the PROPOSED extension AMI MON
hers Of ne company aid the idea IA,
been abandoned. because therc was NJ
necessity Tor n.
J. l. Lawson corrobon,cd the pre-
vloua witnesses.
". " Evans said ne was a msmbc
| OF the City Council In i.a3. His min,
was lliile cloudy and didnt romembe
an that was said az the meeting re-
ferrrd 90. lie ala recall. however. tina
the brigham street matter had been ar
ranged natisfactory 30 the committee.
Councilman Louis Cohn tcHtlhsl
that he thought he mentioned me pro
posed extension TO the officers OF m
railway company al their office. EARL
In 1891 Thefe were present Mcusra, Mc
| cunr, nrad. Wells and Chambers
Judge l. Grand Young. and Messrl
DAILY Corum and Lynn were with him
Mr.. Cdhn said he bruachrd the suhitc
Of extension ana gave the railway com
pany 10 understand that his conHiliu
TOMS and nrlghhora were opposed 90 u
They Immediately answered mat N
IDEA was given up and that they IA,
no Intention 81 building thon. Cour
b here took q recess
on the rcoonyening Of court this AZ
. icrn0on Recorder naclgnan was Gale,
, and read from IN. record the or
dlnancea granting the railroad com
pany ~ franchise and tho amend
ments thereto.
A. W. Mccunc. president of the Sal
. Lake city Railroad company was mex
put on the stand. lie was asked whe
he was elected president and his repl
was that Il was some time In 1898, hu
the exact date he could not recall. Nj
, Mccune was then excused Tor IN
T.. present.
Secretary Joseph Wells gave the n,
Of officers Tor 1881.
John Dcrn. the man IN whose nam
the case Is brought. testified that BE-
{ fore buying his place on east SCOUT
! Temple street he was given To undei
? stand that no street railroad would !
( constructed. lie further stated TN
the building 81 line would certainl
dtpreciate the value OF property, u
\ also related conversation he la
Z Nith PreSldsn; McCune, the suhstan,
u which was that the SAT- Lake GU
Railroad people wanted 10 get eve
I with the Rapld Transit company e
% building IT, line 10 Fort Douglas. Hel
the News" report closed.
a WATER CASE AFFIRMED.