Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-08-04

dent Smith held any Of It's stock IN
trust for him. He stated that he is one
Of the seven presidents of Seventy, and
tnat his particular duties were to look
after the foreign missions and to
preach the Gospel On crOss-eXamina-
ton he admitted that he received his
expenses and some little compensa-
tion while out attending to his
church duties. At the conclusion OF his
cross-eXamination the case was argued
by Judge Dey and Attorney Sanford.
CITY ATTORNEY DEFY.
The former contended that the attor-
ney for the plaintiff had failed to show
that the three cOunClmen at the bar
had any pecuniary interest whatever i'm
the Utah Light q Railway company or
IN the franchise which it was intended
TO give the company, The interest
which II was claimed they had through
the Mormon Church, he said, was
no more than the interest any person
would naturally have in the welfare ut
his church. It would be no greater I'M
terest, he declared. than "a Catholic
would have In the holy Cross hospital
The stock held 10y President Smith I'm
the Utah Light 81 Railway company he
argued, was of no interest to the de-
PENDANTS, as they would not profit one
penny by IT'S increase I'm value or lose
anything should Il fall below par and
the company sustain a great loss
Judge Dey also argued that this was
not the proper time to ask for such d
remedy that the plaintiff should have
waited until after the franchise was
granted and then come I'm and enjoin its
execution. At this time no wrong had
been committed at all as the franchise
d.. IA q q
say that IL would be passed. He con-
tended that one coordinate branch Of
the state or city government should not
interfere with another Co-ordinate
branch Of the same government and IN
support of the contention cited the Con-
stitutlon,
AN INDIRECT INTEREST
Attorney Sanford argued that the de-
PENDANTS certainly had such an interest
iu the funds held IN trust by President
Smith that they could come in ana
compel him TO account 10 them for tho
same. Such an interest, be thought
they certainly had I'm the stock Of the
Utah Light & Railway company held
By President Smith. and hence they
were interested I'm the franchise 20 be
granted the company As to the time
for filing the petition he stated that "a
court of equity WAS not going TO stand
by and permit a wrong u be done be-
fore Il would take action The time for
the court to act was before the wrong
was committed. He contended that the
three councllmen had an indirect Inter-
est In the stock OF the company held IN
trust by President Smith and that 1t
was wrong for them 10 vote on the
franchise, hence he asked that the re-
strulning order remain IN force,
ORDER SET ASIDE,
Without moments delay Judge
Armstrong at the conclusion of the
arguments rendered his decision SET
ting aside the restraining order, The
decision was brief and TO the point and
follows: The order heretofore made
by the court IN this case may be set
aside
THUS 1T ENDS
So ended the last desperate step by
the obstructonists 10 prevent the pas
sage OF the franchise which means to
salt Lake City the securing without
purchase or condemnation proceedings
the land and water rights of the COM
pauy at the mouth OF Big Cottonwood
canyon and iusures no further delay I'm
the work on the greatest Of all public
Improvements, the securing OF an ade-
Quatc water supply and an extended
sewer system for Greater Salt Lake
City,