Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-08-04
Ne COT A RESTRAINING ORDER
eo, ludge Armstrong quickly Dissolved
II on AscerIaiuius That 1t Was
simply Ridiculous.
WAS AGAINST THREE COUNcILM MEN
,ll.c,d Most Foolish Charges About
These officials That Scheme
Might Garry

Night larfy'
ma Of the most unusual and unwar-
,,n,ed actions ever instituted IN the
.d,trIc, court IN this county was that
esd by Thomas Homer shortly after
o'clock yesterday afternoon I'm which
n. asked for a restraining order to on
Gain Councnmen Rulon $. Wells W, J..
Trddenham and a. +. Barnes from vot-
,cs on the ordinance granting q fran
ehIse TO the Utah Light & Railway
Company which was passed by the city
council at o'clock this morning after
nearly al all night session,
Upon the showing made In the petit
ton Of Mr. Homer which was hled by
Any, Allen r. Sanford, Judge ARM
strong issued a temporary restraining
order to prevent the counclmen from
voting on the matter The order re-
malncd IN effect for only n few hours,
however as Judge Armstrong was In
dloed to hold a session OF court last
nght to hear the order to show cause
why an Injunction should not issue and
after the hearing he orderded that the
restraining order be set aside, Tho
three councilmen were then at liberty
10 vote on the franchise and IL was ac-
cordingly passed after a few amend
msnts we're made.
HOMERS RIDICULOUS PLEA.
The petition Of MIR. Homer asking for
sn Injunction follows IN full
Comes now the plaintiff and for
cause Of action against the defendants,
alleges as follows.
First that the plaintiff now IL, and
Tor several years past has been a citl-
zen and taxpayer Of Salt Lake City,
state OF Utah and brings this suit on
behalf Of himself as such taxpayer and
On behalf Of all other citizens and tax
payers Of said city,
Second that the defendants are mem
hers OF the city council OF Salt Lake
City. State Of Utah, and members and
Ulcers Of the Church OF Jesus Christ
q Latter-day Saints.
Third, that the Utah Light & Rail-
way company is corporation organ
ned and existing under and by virtue
o. The laws Of the state OF Utah, and
engaged IN the operation of a gas plant.
an electric lighting and power plant.
or the purpose Of supplying the resi-
dants Of Salt Lake City with gas, light
and power and street railway system
" salt Lake city, Utah. and the plain
IN is Informed and believes, and there
iore alleges that said Utah Light &
hallway company now owns the fran
ellSes heretofore granted by the city
9' salt Lake city, Utah. to the follow
ing named persons and corporations for
gas electric lighting and power pur-
p9seS VIZ: u, II, Walker, Salt Lake &
3rg1en Gas & Electric Light company,
1p.oneer Power company and Utah
rover company and the plaintiff is in
formed and believes that the said Utah
Lghi 4 Railway company has pur-
'9Ased me franchises heretofore grant
W lor street railway purposes. viz The
aa!l LAKE City Railroad company, and
!us aall Lake Rapid Transit Railroad
v.yympany' ana said company has pur-
unused franchises granted by said Salt
.sHs City Utah 10 other corporations
Eva individuals for electric lighting.
poses P"'
Fourth plolutiff is informed and be-
T,s ana therefore alleges, that the
sIiach OF Jesus Christ Of Latter-day
NSa d voluntary association OF in
y,I'., banded together for COM
,b,,' ana religious purposes, and
srd salu laurch, according to It's rules
Jaw regulations, holds a conference OF
G',. "y ~! and officers at Salt Lake
~ ldn' seml-annually has done
40 Tor a number OF years last past and
uaS oeen The custom OF said Church
Sald conferences TO elect The then
Pt'adeut ot the Church 10 the positIon
UusIee-In-trust for the members of
W Sulicn and said trustee-ln-trus is
G'uoH2ed In behalf Of said Church and
' nemDers 10 transact I'm his name
uustte -,n-,rust, the business OF said
"t'rn aad enter into such contracts
NJ e ueems proper. for the promotion
ung commercial interests OF the
.suiSn ana ls members, and ne IA
N, Nu 70 said position by vote of
sr1 MEMBERS attending said conference.
ne. p,aIhun is Informed and believes
tr,,. 0useph y, Smith as trustee-In-
Lg,i lo'4s and controls and has the
~ ,,le TO a part OF the stock OF the
/. ~, IIIsal g Railway company. which
r, ae.l nevertheless for the beneAt in
~ we defendants, and other mem
p., OF sad Church.
rsva, ,dntln is Informed and be-
M ana therefore alleges that All
palg oper.y or the said Utah Light &
Abo,, company is mortgaged for
vain. sNoVVVO and that the actual
,lf6 ooo 'dld property does not exceed
ia, NJ and that, about the year
,ps, "FuloLd Woodruff. as trustee.ln-
msnbe tnese defendants and other
M rs OK said Church, guaranteed
,tfl1!ment OF bonds Issued by the
tr.s.l rover company IN n sum In
&ps6 on NO0o00O, and said Utah I,ight
DIAM, way company, IN purchasing tho
assn SAID Pioneer Power companv
p1Us.' sa'd obligation OF said Pioneer
Ia ~ company and the said guoran.
han 'oe said trustee-ln-tru on be.
an wi.. .Aese defendants and other. IL
Siva,slnag obligation. " '''' -
Wsis MS defendant. Rulon s.
chn.e, Is one Of the high officers Of said
ealp,. OF Jesus Christ OF Latter-dav
ma ~ uplalnB the position of one ~
ana ~ presidents OF the seventies.
rens,S such receives reasonable com,
cburctou Tor his services from saId
partlan, osl OF the funds OF said Church
lnye,tr.y Heriyod from its Commercial
said Ir,su including It's interests IN
Tie 6ssau light & Railway company.
4. F pea.uants, w. j. Tuddenham and
and Names are bishops counseors
thai W,tolltlh Is informed and beIieves
church utaw compensation from the
--- -" Ior The time devoted to Church