Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-13
SOUTH TEMPLE CAR
LINE EXTENSION.
Hearing on the Order to Show
Cause Before Judge Cherry.
TAKEN UNDER AMUSEMENT
Counsel For street taiiroad Company
Dcmur to the Proceedings
burglar Sentenced.

The nRh, between the South Temple
street property owners and the Salt
Lake City Railroad company came up
before Judge cherry today ON the order
to show cause why the defendant COM
pany should not be restrained. until a
nnai hearing can be had. from con-
structing a street car line ON South
Temple street. east OF y. Attorney
General bishop and Dcy 4 Street. APP
pcnrcd for the state and the REALTORS,
John Dern IT al. and the street rail-
road company was represented by Sem
ator Rawlins and 4. u. critchlow.
Judge Dcy made tho preliminary
statement on behalf OF the REALTORS.
lie reviewed Mt some length the his
tory OF the case up 10 the present time.
Counsel further stated that he was
aware OF the fact that the co-mingiing
Of the state and the other people In
quo warranto proceedings was some
what novel. but he contcndcd that the
failure OF the street railroad company
TO iiic It's amended articles Of incorpo-
ration with the auditor Of public ac-
counts and Territorial secretary was
sufficient ground for instituting them.
Attorney critchiow In behalf Of the
defendant company said that he desired
to intcrposc u general demurrer to tho
complaint. lie contendcd that his hon
OF had not the legal power. under tho
statutes and supreme court decisions.
10 vt and render Judgment In the case.
Proceedings IN quo wnrranto must, ne
said. must be Instituted IN the name
Of the State or sovereign. by the at
torncy general. or public prosecuting
officer Then II must appear that u II
for the purpose OF rcdrcaslng a public
wrong,
In the case at bar. counsel said. the
complaint does not pretend to be
vouchcd for by the attorney general
and lacks his Official sanction. The
C. mmon y. act &C In these cases. he al /.
II 10 present to the court petition
supported by aflidavit. II the court can
trace a prima facle case In the petition
and affidavit, complaint may then
be- filed and restraining order Issued.
Courts everywhere. said counsel. should
proceed with extreme caution where
the forfeiture of a corporations ran.
chire N Involved aud III. defendant
should always be- given an opportunity
to be heard before the filing " such an
action. The fact that the complaint
In this case did not receive the oiiiclnl
signature Of the attorney general was
sufficient 10 show the state had no In
trfcat IN the matter. There was no
reason why the defendant should be on
joined The suit was not
brought 10 hdjudicatc the question
whether the building OF the
road would prove nuisance. that
naascd ON by the city
council. Quo warranto was strictly
a. ~. 80 "a.
rclntora had attempted to obtain
equitable relief In the same action. The
inconrruity or tho whole thing was
the bringing In Of the state. The lat
ter had no concern with private per-
sons. A suit TO restrain a private
nuisance was unheard OF. The case AZ
bar had once went 10 Judgment ana
the supreme court had decided that
the building Of the road along South
TNnrle street was not a nuisance,
Senator Rawllns argued that there
was no foundation for the Jurisdiction
~ the court. Tho Issuance 81 the re-
Htrninlng order Saturday was improvi-
IDENTIFY made and should he vacated as
soon as possible. The REALTORS were not
prosecuting the street railroad COM
pnny because IL had exercised - fran-
chiHo. but for fear that Il would.
Judge Dey argued that the nppllca-
ton for n restraining order was made
by the State and that II was the duty
~ the court 90 try the merits ~ the
case. lie contended that the defend
ants franchise should he declared for
fclted for mia-uHcr, non-user. aud Tor
exercising frnnchlaes not conferred
upon II by law.
Judge cherry announced that he
would take the case under ndvisement
and consider the questions; i-Iina the
court authority TO grant n restraining
order before judgment has been rcn-
dercdY
s--was the action properly brought or
ought Il TO be disminsed7