The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-08-17

H L. Driver yesterday, through his
attorneys, Hoge, Henderson, Goodwin
& Van Pelt, filed an action against the
| Union Light & Power company, in
which he alleges that the defendant is
insolvent, and asks that receiver be
appointed for it. The claim of insol-
vency is set up on information and be-
| lief that the company failed to pay the
, interest on its bonds when it fell due
last.
Demands An Accounting.
Mr.. Driver demands an accounting
and an injunction to restrain the de-
PENDANT from interfering with him in
taking possession of the gas mains, lat
erals, valves, attachments and connec-
lions it is now operating. He thinks,
too, that he should have a reasonable
amount of rent for this property, as
we'll as for some poles and electric
light wires at present in the companys
possession.
In 1888 Mr.. Driver bought the gas and
electric light system at execution sales
from the Salt Lake & Ogden Gas &c
Electric Light company. This was sub
sequent to the consolidation of the Salt
Lake & Ogden with the Union COM
pany- a legal. representative of the
latter was on the ground and made a
verbal protest against the sale. but it
went on. Driver paid $4,000 for the two
properties.
Claim of Defense.
1t was claimed at that time, and will
be claimed in this suit, it is stated, that
the property bought by Mr.. Driver
was covered by mortgage held by the
Farmers Loan & Trust company of
New York, and was disposed of when
this company foreclosed. Some time
after the sale, Driver took possession
of the gas mains by opening the man
holes and shutting off the gas.
For this he was arrested at the in
stance of the Union Light & Power
company on a charge of disorderly con-
duct A trial. was had before Judge
Timmony, and Driver was acquitted.
He made no further effort to secure
possession of the property until yester-
day, when the suit was filed.
An action similar to the one lodged
here was filed in Davis county yester-
day. 1t is intended to cover the six.
inch main from the Salt Lake county
line to the natural gas wells on the
lake shore.
Attorney GOODWIN talks.
Attorney Goodwin said last night !
that no temporary Injunction was
sought, and no Immediate attempt
would be made 20 procure the appoint !
ment of a receiver. I'VE will let the /
case come up in its turn on the regu- /
lar calendar" he said. 1T will be set |
for a hearing in September.
I'VE made the allega ton that the !
company is insolvent because we have |
reasonable grounds for so believing. We !
allege on information and belief that it /
defaulted in it's last interest payment.
las 1 understand it, the company is !
at present bonded for $45O0,00O. 1 am |
informed that efforts are now being |
made to reduce this amount to $1,000, |
600, in order that the company may be |
able to meet its interest payments.
Mr.. Driver bought the gas mains, 1 !
think, in July, 1898, at sale under ex-
ecution. In the following month he
bought the poles, wires and lamps of |
the Salt Lake & Ogden Gas & Electric
Light company. He paid $1,000 for
each of his purchases.
Subsequent to Consolidation.
This was subsequent to the CONSOLE
dation of the Union Light 81 Power
company and the Salt Lake & Ogden
Gas & Electric Light company, which
occurred. 1 think. some time in De-
cember. 1897. When Mr.. Driver at
tempted to take peaceable possession of
his property, he was forcibly prevented
from doing SO by the company.
I'VE ask for an accounting for the
period of time that has elapsed since
Mr.. Driver bought tie property. He
has received no compensation, and we
think he is entitled to a reasonable
amount.
The company claims and will, pre-
sumo, continue to claim that the prop
erty bought by Mr.. Driver was covered
BY a mortgage held by the Farmers
Loan & Trust company, which was
foreclosed. AT that time the Union
Light & Power company bid in the
other concern, and a consolidation was
Mr.. Goodwin seemed sanguine as to
he outcome of the suit He believes
ne has a good cause of action. and
hat the court of equity in which the
suit was brought will accede to the
made in the complaint.
Thinks Driver VIII Win.
The attorney thinks Mr. Driver will
De given possession of the gas mains
pipes and connections, as well as the
poles, lamps and wires. and that the
company will be perpetually restrained
rom interfering with his possession of
hem. The plaintiff is not inclined to
press the matter too rapidly along, and
or this reason the petition contained
10 prayer for the immediate appoint
nent of a receiver.
Some time ago Mr.. Driver secured
judgments for $1,000 against tho Salt
Lake & Ogden Gas G. Electric Light
for gas that flowed through
he mains he claims as his own. These
judgments he assigned to Alexander H.
rarbet last week for consideration of
2 900.