The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-08-17

Temple and Fifth East. where it make:
a turn north to Third, along South
Temple to Thirteenth East.
The object of the company was two
fold, first to get the traffic along the
entire course of South Temple and give
/ the people there rapid transit, and, sec
| ond, TO form a loop by turning north
on Thirteenth East and connecting with
the Third street line.
| Active work, however, was not CON-
menced until Monday and the property
owners did not understand what was
proposed until towards night. Thez
some of them took the initiative in a
protest and an injunction was fled in
| the district court yesterday, requiring
! the company to show cause on Sept M
Der s why the injunction restricting
them from constructing this extension
should not be made permanent. The
parties bringing the injunction are rep
resented by Dey &c Street
WHAT THE PETITIONERS CLAIM.
Mr.. John Dern. one of the residents
of South Temple, and a petitioner,
stated last evening to The Herald that
the objection would be based mainly on
the detriment that the building of the
read would do the property.
I understand said MIR. Dern, that
chiSe for this extension, it was on the
condition that the property owners Gid
not object. But we do object. OF course
1 am only one, and am not the orisi-
nator of the proceeding, but hold that
the extension is entirely unnecessary.
We have line on First street, and
another on First South, so that we have
but a. block to walk either way TO get
a car. Then it has been the intention
hn Na,.txr mo hA
street clear from Fifth East. too some
time, park in and beautify il as. much
as possible. Of course this street car
line would make all that impossible,
and, as l say, not being necessary,
would be a damage to the property
This. it may be said, expresses the
view of all those who are parties to the
injunction.
THE OTHER SIDE.
OF course there are two sides to the
case. Superintendent Read of the Street
Railroad company, gave The Herald his
version last evening.
In regard TO the franchise said Mr..
Read. there can be no question about
it. On February 81, 1889, our company
was granted a franchise to construct
this very line to Thirteenth East. As
to the condition that if property own
ers objected, it could not be built, the
franchise itself disposes of that point
completely. There is no such clause
or condition. 1t is a straight franchise.
like any other. Afterwards, in April,
when the franchises were extended. this
one was included.
I'VE did not suppose there would be
any general objection to the extension
at all nor do ! believe there is The
history of the city shows that wher-
ever a street car line is extended on
street, the property there increases in
value, houses are more easily rented
and bring better rents. Moreover. on
such streets a finer class of buildings
spring up when the street car line is
built. This is shown on Third street,
on First street, on First South street,
and, in fact, all over town, and the
contrast between the houses on any
thoroughfare having street car facili-
ties and one which has not, is very
marked. OF course, for some distance
out from Fifth East there are fine
houses, but further on there has been
a lack of improvement, which this line
would facilitate
ITO sum up the facts as 1 consider
them. are that we have a straight fran
chise, giving us the right to build the
road; that it would be a benefit to that
part of the city, and that while few
gentlemen may have objection to it, I
do not believe that sentiment is gen.
eral.
WILL COME UP TO-DAY.
I'VE have made all arrangements for
this work, employed men and teams
and purchased material. The injunc-
ton is a surprise to me, and while we
are cited to appear on Sept. s, the de-
lay would work an injury to us. Should
it be put off until then, and the pro-
ceedings be followed by bad weather,
the delay would be a long. expensive
and unnecessary one for US. There
fore, we shall appear, tomorrow morn-
ing and endeavor to have the matter
of on. its merits at once"
THE INJUNCTION.
The injunction suit yesterday entered
in the Third district court was brought
by John Dern, w. F. Smedley, H. G.
Mary Judge, Major Downey,
Alex Conn, Emanuel Kahn and others
against the Salt Lake City Railway
and Salt Lake City. In the
it is represented that the
plaintiffs are property owners and res
identS of East South Temple street.
or Brigham street, and that the street
car company wrongfully, unlawfully
and against the protest of the plain
tiffs, entered upon said street with men,
horses, plows and scrapers and are
tearing up and destroying that portion
Of the street from L street, east TO the
city limits, with the intention of put
ting down tracks and operating an
electric street car line. thereon.
The construction and operation of
such a car line. the plaintiffs say, VIII !
damage their property and cause them |
great loss, and they pray that an in
junction issue preventing the street car :
from so doing. and also pray (
ng that the company be compelled to {
undo what it has already done in that /
direction, and restore the street to its I
original condition.
The city is made a co-defendant for +
he reason, as alleged in the complaint, /
hat it has taken no steps to prevent 4
he street car company from laying the /
racks and operating the proposed car /
inc.
The matter will be called up in Judge /
diles' court some time today, but |
whether the hearing can be proceeded !
With at once or not remains to be i
;een.
MIR. DOOLY DIDN'T SIGN.
]. E. Dolly was asked last evening
f he was one of the signers of the pc
ition, as he lives on the corner of
Fifth East and South Temple.
Il am not" replied Mr.. Dolly, en-
,hatically. The company can build
IN that street for all 1 care. in fact,
[ can build on a trestle Is feet high,
{ a street grade, with a slope to the
outh, should make it necessary
To Cleanse the System
yet gently, when costive or
bilious or when the blood is impure or
luggish, to permanently overcome