The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-04
UTAH LIGHT & RAILWAY
ORDINANCE is PASSED

- AT IIOr1 q nAfEWHI
ORDINANCE is PASSED
Continued from Page /.
Rapid Transit Railroad company, and
granted by said Salt Lake City, Utah.
70 other corporations and individuals for
electric lighting, gas lighting and heat
ing and other purposes.
President Smiths Position.
Fourth. plaintiff is informed and be-
heves. and therefore alleges, that the
church OF Jesus Christ of Latter-day
SAINTS IS voluntary association of IN
eiFldualS banded together for commercial
and religious purposes, and that said
church, according to its rules and regu-
iations, holds a conference of its mem
Ders and officers at Salt Lake City, Utah.
Sernl-annuaily, and has done so for a
NUMBER OF years last past. and il has been
- She custom OF said church at SAID con-
'tereuces to elect the then president of the
church TO the position of trustee-in- trUst
TOT the members of the church, and said
truStee-in-trust is authorized in behalf OF
said church and its members. to transact
in his name as trustee int trust the bust
ness of said church and enter into such
contracts as he deems proper, for the pro-
mouon OF the commercial interests Of the
church and It's members, and he is elected
to said position by vote of the mem
bers attending said conference, and plain
tiff is Informed and believes that Joseph
r smith, as trustee n-trust, holds ana
controls and has the legal title to 81 part
OF the stock of the Utah Light * Rail-
way company, which is held nevertheless
FOR the benefit in part of the defendants,
and other members of said church.
F1fth-Plaintiff is informed and believes,
and therefore alleges that all the prop
erty of the said Utah Light & Railway
company Is rnortgaged for about So 300. OO0,
and that the actual value of said property
does not exceed S4.00O.G00 and. that, about
the year 1895. MILFORD Woodruff, as trus-
tee-in-trIst for these defendants and 9th
er members of said church, guaranteed
the payment OF bonds issued by the Plo-
of Sl.000,0O0. and said Utah Light & Rail
way company. in purchasing the plant OF
said Pioneer Power company. assumed
said obligation of said Pioneer Power
company. and the said guarantee of the
said trustee-in-trust, on behalf of these
defendants and other, is existing OBJ
legation.
"Welis the High Officer"
Sixth-This defendant. Rulon s. Wells.
IS one OF the high officers Of said Church
of Jesus Christ of Latter-day Saints,
holding the position of one of the seven
presidents of the seventies. and as such
receives reasonable compensation for his
services from said church out of the
funds of said church partially derived
from its commercial investments. includ-
ing its interests in said Utah Light &
Railway company. The defendants, W. ].
Tuddenham and A 4. Barnes are bish-
ops counselers. and plaintiff is informed
and believes that they draw compensation
church work. and they are directly inter-
ested in the commercial enterprise of the
church. including the Utah Light & Rail-
Seventh-That the said Utah Light &
Railway company has petitiOned the city
council of Salt Lake City, Utah TO grant
TO it q franchise consolidating all the
franchises now held by it. and above emu
merated, and granting to it the right to
period of fifty years from July !, 1905.
Tor the purpose OF laying its railroad
tracks thereon and running and operating
cars on said tracks, and with the right of
stringing wires on poles in said streets for
the purpose of conducting electrical en-
eFgy, ana laying wires and gas mains IN
der the streets for the purpose Of conduct
ing electrical energy and gas, and said
franchise also provides for rates of com
penSatfon 70 he Doid - go &c 80
City and it's citizens for electric lights
and electric power and for street railway
fares. and directly affects the financial
interest of all citizens of the city of Salt
Lake
Alleges Vote Is Illegal.
Eighth-Plaintiff is informed and be-
lteyes, and therefore alleges, that these
defendants. as members of the city coun-
Gil of Salt Lake City, Utah, intend to-
and will, unless restrained by an order
said franchise to the Utah Light & Rail-
way company, TO the tTreparable dana e
and injury of this plaintiff, and plaintiff
alleges that any vote of any of said de-
PENDANTS in favor of said franchise would
be illegal, and that without the votes of
Will not receive votes sufficient to
pass it. but with their votes it will be
~.
Ninth-That said franchise asked for by
said Utah Light * Railway company is a
valuable property right and asset of said
city of Salt Lake City. and said defend
ants will, unless restrained by this court
vote to grant said franchise in its pro-
posed form, or as may be modified, with
out any adequate or proper consideration.
and to a corporation in which they are
directly interested as aforesaid. and this
plalnt1ff has no adequate, or any, rem
edy at all at law.
Prays Permanent Restraint.
Wherefore. plaintiff prays that the de-
PENDANTS, as members Of the city council
OF Salt Lake City. Utah. be permanently
restrained and eEioined from voting upon
any proposition of granting the Utah
Light x Railway company, or to any per
son for il, any franchise or licenses, or
from voting upon any proposition of en-
teTing into any contract Of any kind
wha tsoever with said Utah Light q KAN
way company, or with anyone represent
ing said Utah Light e. Railway company
and that until the application for said
sued restraining said defendant from any
OF SAD above mentioned acts, and the
may be just and equitable.
ALLEN T. SANFORD
Attorney for Plaintiff
State Of Utah. County of Salt Ilake-ss
Thomas Homer. being first duly sworn
deposes and says that he is the plaintiff
named in the foregoing complaint: that
he has read said complaint and knows
the contents thereof. and that the facts
therein stated are true except as to those
matters stated on information and belief
and as 10 those facts he verify believes it
10 be true. THOMAS HOMER.
Subscribed and sworn to before me this
Sd day of August 1905.
BISMARCK SNYDER
tSeaL) Notary Public.
CounciImen Are Questioned.
When the court went into session Judge
Dey asked that CouncilmeH Wells Tud-
denham and Barnes be sworn and cues
toned as to their interest in the Church
of Jesus Christ OF Latter-day SAINTS
Judge Armstrong s1e-peSteI that ~ thfs