The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-14
City Council Will Try to Stop Its
Construction.
LIMITED USE OF DRIVE
MUST CARS STOP AT NINTH
SOUTH STREET?
Mayor Clark's Solicitation For the
Rights of the Public-Grievance
OF Messrs. Walker, Heath, Hig-
gins and others-Salt Palace Line
Via West Temple Suggested.

The Salt Lake City Railroad COM
pany has another fight on its hands.
This time the city council is the ag-
gressor, and all because the promoters
OF the project to limit the use of the
South Main street boulevard want to
prevent the street car company from
extending its line to the salt Palace.
An injunction will probably be sued
out by the municipality in the district
court to restrain the extension of the
car line from its present terminus on
MAIN street, although it is conceded
that the company cannot be prevented
from running cars from Eighth to
Ninth South. The special effort will be
10 make the injunction permanent in
its application to the car company's
use of the boulevard south of Ninth
South.
The necessity of immediate action in
the premises was made known last
evening by Mayor Clark to an assem-
Oily OF nine members of the city coun-
Gil. Councilmen Fernstrom. Romney,
Robertson, Weller. Wallace and Calls
ter were absent. Mayor Clark /cted as
chairman of the meeting. Fearing that
the street car company might build
the block and a half or so of track to
the west gate of the Salt Palace
grounds before morning, Mayor Clark
and Councilman Buckle expressed the
nope that the reporters would sup
press any mention of the meetings pro-
ceedings, but none of the other officials
believed that any interest of the public
would suffer if the newspapers pro-
claimed the intentions of the council
The Mayors Solicitation.
Mayor Clark stated that ]. r. Walk
er had complained to him that the
street railroad company is preparing to
extend the South Main street line and
the complainant, with others who had
ceded land to the city for the boule-
ward from below Ninth South. on the
condition that the highway should be
improved and maintained for speed
way, believed that the extension of
the street car line would be an en-
croachment upon their rights.
A consultation with attorneys re-
suited, the mayor said, in the conciu-
sion that Messrs. Walker. Heath. Hig-
gins and others had lost their standing
in court as abutting property owners
and could not seek relief by injunction
He added that the law
yerS said the municipality is obliged
to apply for restraining order TO pre-
vent the railroad company from build
ing upon the boulevard. if the council
intends to keep its part of the contract
with those who coded the land for the
speedway.
Equities and Injunctions.
The information the mayor impaired
to the council assembled afforded d
theme for brief discussion. during
which it was brought out that the street
car company is exercising the rights
ra.A ~
was suggested that the company could
run its West Temple street line east
block on Birch street and come close
to the north gate of the Salt Palace
grounds. but the opinion was expressed
that the public carriers desired a more
direct route from the business center
Finally, it was agreed, on Council
man Buckles motion. that the mayor
should advise with City Attorney Hall.
and if it be concluded that the car
company can be prevented from ex-
tending its track from Eighth to Ninth
South, the mayor shall be authorized
to enforce in the courts the rights of
the people"
The efficacy of this move ,vas doubt
I'd. and a supplemental motion was
adopted, without objection. directing
the mayor to apply to the courts for an
injunction to restrain the extension of
ne CdI lIilc SOulu VI lNlHlH SOutH street
)n Main.
Limited Use of the Drive.
Previous to the calling of the council
men together by Mayor Clark. the
street committee considered the petit
lion of Messrs. Walker. Heath and
others for enforcement of the contract
'or limiting the use of the South Main
street boulevard to light vehicles only
IN the same connection, the city at
.orney'S opinion on the right of the
to grant the request of petition
.rs was considered. The opinion held |
hat the contract with the abutting
property owners who coded the land !
or the street below Ninth South was
yalid and that the city had the right |
o compel street cars, bicycle riders |
md drivers of heavy teams to keep off !
he speeding course covered by the |
contract.
The committee concluded that the |
,ublic at large had rights to Main |
treet north of Ninth South. but that |
he use of the street from Ninth TO |
Tenth South is limited, and the COM
nittee will recommend to the council /
he enforcement of the cityS agree
nent with Messrs. Walker. Heath, Hig- !
,inS and others as prayed for.
pOfICE NOTEc