The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-04

city recorders office, was finally pressed
mt service as writer Of shorthand
Judge Dey proceeded to question the
three councilman under oath But be-
lore gudSs d., was allowed TO proceed
MI Sanford demanded to know of him
whom he represented Judge Dey SAID
he represented the three members OF
the coulcfl-Wells, Tuddenham and
Barnes-who were accused OF having in
terests in the Mormon church that would
prevent them from doing their duty as
members o. the municipal council of Salt
Lake city.
Mr.. Sanford objected to Judge Dey rep
resentln2 the counciImen, saying that
Judge Dey's duty as city attorney did
not require him to appear ia their be
and Judge Armstrong held a.iat he was
properly in the case as counsel for the
three members of the council named in
the application for a restraining order
When several technical objections by
Mr.. Sanford had been argued and ruled
upon. Councilman Tuddenham was called
To the stand. He was asked If he had
any interest In the Utah Light & Rail
way company, and answered that he had
Mr. Sanford objected to the answer.
saying that the books D. the company
an interest in it, The obje ction was over
T''ied and exception was taken by Mr..
Mr.. Tuddenham was then asked if Jo-
seph +. Smith, as trustee IN trust of
The Church of Jesus Christ Ct Latter
day Saints. held any interest for him in
the Utah Light * Railway company. Mr..
Tuddenham said Mr. Smith did not hold
any such interest for him. Mr. San
ford moved to strike the answer out as
a conclusion Of the witness, contending
that the books of the company would
seph f. Sraith held stock in the Utah
Light & Railway company in trust for
Mormon church. When Judge Arm
strong ruled against him he took an
Mr. Tuddenham said his position in the
church was that of bishops counselor.
He mad never received any financial COM
of the church on Observation-Disclosures nv
Mr.. Sanford, he said some of the Off
GERS OF the church are COMPENSATED for
he was not one of them.
councilman Barnes evidence covered
The The, same ground as that of Councilman
Iuddenham. His position in the church
Is the same-bishoD's counselor
Councilman Rulon S, Wells testified
that he was one of the presidents of the
seventies. and his sneciaity in the church
was looking after foreign missions. He
Travelled a great deal preaching the gos-
pei, ana when thus engaged his expenses
were paid He had no financial interest
in the Mormon church, at least not such
Light & Railway company because the
church owned stock in the company.
Argues Against Interference.
Judge Dey argued that the decisions of
the courts were against one coordinate
branch of the government of the state
or city interfering with the functions of
another coordinate branch of the same
government He said the petitioner
should have waited until the three cOun-
cllmen or other members of the city coun-
ell had voted for the proposed measure.
and then raise his objection to
IL The petitioner ought not t. be al
lowed successfully to interpose objection
to the possible voting by the three coun-
cilmen for the ordinance. The council
men certainly had the right, and not only
the right. but they We're expected TO
vote uDon measures that came before
them IN their legislative capacity
The interest com planned of as being
held by the three councilmen in the Nor
mon church and. through it. in the Utah
Light x Railway company, was not such
rs to give them any pecuniary interest
in the Utah Light q RAILWAY con- Dany.
1t mattered nothing to them whether