The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-29
SEEKS TO BLOCK
WORK FOR WATER
Homer Will File Suit to Prevent
Transfer of Rights to City.
ASKS FRANCHISE NULLIFIED
SAYS MoRMoNs IN THE COUNCIL
PROFITED.

In a complaint TO be filed in
the district court today by Thomas
! Homer against Salt Lake City
and the Utah Light Railway
company the plaintiff asks that
the ordinance passed Aug. a. grant
ing the Utah Light Railway COM
pany a franchise. be declared null and
void. \ restraining order TO prevent
the transfer OF any property needed
TO extend the water system and relieve
I the shortage, as a consideration for
the granting of the franchise referred
! 10 is asked.
The principal allegations in the COM
/ plant, as in the petition praying an
! injunction TO prevent Councilmen Tud-
! cenham, Wells and Barnes from VOt-
| ing. earlier in the month, have to do
With the position occupied by certain
of the councilmen, and by the mayor,
10 the Mormon church
Mayor Morris was served with sum
mons last evening and later Assistant
t,City Attorney W. II. Bramei was served
| with a copy of the complaint. Judge
! LeGrand Young stated last evening
! that as far as he knew service had not
BEEN made on the Utah Light & Rail
way company
Text of Complaint.
The complaint to be filed today fol-
lows in full:
In the Third judicial district court. in
ang Tor SAT- Lake county. state of Utah
state OF Utah Elk rel Thomas Homer,
lplaintiff, We. Salt Lake City. a corpora
4 ton. and Utah Light & Railway com
plant
Comes now the plaintiff and for cause
Of action against the defendants alleges
as follows:
1. That the reIator now is, and for sew
eral years last past has been. a citizen
and taxpayer of Salt Lake City, state of
Utah.
?. That the defendant. Salt Lake City.
is now and for a number of years last
past has been municipal corporation or
ganized and existing under the laws of
g. That the Utah Light < Railway COM
pany is and for several years last past
has been a corporation Organized and ex-
| listing under and BIZ virtue of the laws
OF the state OF Utah, and engaged in the
operation Of a gas plant. an electric light
ing and power plant, for the purpose Of
supplying the residents of Salt Lake City
railway system in Salt Lake City, Utah.
and the plaintiff is informed and believes
and therefore alleges, that said Utah
Light & Railway company now owns the
I franchises heretofore granted by the city
named persons and corporations for gas
electric lighting and power purposes, viz. ::
ID. +. Walker, Salt Lake & Ogden Gas *
I Electric Light company, Pioneer Power
company, and Utah Power company; and
the said Utah Light & Railway company
has purchased the franchise heretofore
granteed to or owned by the following
purposes. viz: The Salt Lake City Rail
road company, and the Salt Lake Rapid
Transit Railroad company; and said COM
pany has purchased and now owns fran
chises granted by said Salt Lake City,
! Utah TO other corporations and indiVid-
uaIs for electric lighting and heating and
other purposes
Organization of Church.
+ Plaintiff is informed and believes. and
therefore, alleges, that the Church Of
Jesus Christ of Latter-day Saints is a
voluntary association OF individuals band
ed together for commercial and religious
purposes. and that said church, accord
ing to its rules and regulations, holds a
conference of its members and officers
at Salt Lake City, Utah, semi-annually,
and has done for a number of years
last past: and il has been the custom Of
said church at said conference to elect
the then president of the church TO the
position OF trustee in trust for the mem
bers 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 in trust the bust
ness of said church and enter into such
: contracts a he deems proper for the pro-
motion of the commercial interests of the
church and its members: and he IS elect
] ed 10 said position by q vote Of the mem
plaintiff is informed ana beiieves that
Joseph F. Smith, trustee in trust. holds
part of the stock Of the Utah Light &
: / theless. for the benefit. in part Of RuIon
S. Wells. ". J. Tuddenham, A F. Barnes,
Davis and r j. Hewlett. counciimen Of
and r. 2. Morris. mayor Of defendant
salt Lake City, and other members Of
;. That said church since its inception
has been engaged in commercial pursuits
and durin2 the last few years it has
greatly extended its commercial enter
prises and is now engaged in banking
and various other commercial pursuits
and all Of the members of the said church
are o-2artners in the yario@s CONNER
cial enterprises in which said church is
engaged. including the Utah Light &
Railway company, and all of said enter
prises are controlled b. the trustee in
I trust of said church. and the profits and
proceeds arising from the commercial en-
terprises. including those arising from
the Utah Light e. RailwaT COMPANY. are
held BY the said trustee IN trust for the
use and benefit OF the co-partners and
1.-THE members OF said church includin <
r. s. Wells, w. J. Tuddenham and a. F.
: 8 Plaintiff is Informed and believes. and
therefore alleges. that all the property Of
/ is mortgaged for about Sc. 800 ESQ. and that
the actual value of said property does not
exceed 4CooG9 and that about the year
1885 MILFORD Woodruff. as trustee IN trust
of the Church of Jesus Christ Of Latter
church. guaranteed the payment of bonds
issued By the Pioneer Power company in
Utah Light & Railway company pUr-
I chased the plant of said Pioneer Power
company and assumed said obligation Of
said Pioneer Power company, and the
said guarantee of the said trustee in
trust. behalf of the said church and
the members thereof. including Ruion $
Wells. W. = Tuddenham. A. f. Barnes,
J. II. Preece, +. s. Fcrnstrom. Z. II
Davis and F. J. Hewlett. counciimcn Of.
! and X. z. Morris MAYOR of defeudd mt
Salt Lake City. and others, is exist
inc obligation.
Pay Given for franchise.
Z That the city council of Salt Lake
City. Utah. did on The 4th day of August.
1905. ~rant TO the Utah Light & Railway
company franchise consolidating All the
franchises now held b. IL. and above emu
me-ated and granting 20 ii the right to
use the streets of Salt Lake City for the
period of fifty years from Jelly J. 1875.
| Tor the purpose Of laying it's railroad
tracks thereof and running and operat-
ing cars on said tracks. and with the
! right Of StringinS wires on poles in said
llstreets for the purpOse OF conducting