The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-29

S. 80 deg So min. e. 7s2 feet TO place of
beginning, containing five acres, more or
less.
Also right of way and easement for
all reservoirs. dams. bitches. conduits,
pole lines and the appliances and utilities
connected Herewith. to be constructed by
the city. wherever these may be located
now hereafter within lands owned by
the Utah Light & Railway company. par
ticularly within sections .. 70 and %
township south, range 1 east, s. L T.
& NJ
rights in Big Cottonwood creek west Of
the Utah Power company's tail race,
owned by the Utah Light & Railway com
pany. including herein and particularly
meaning hereby the Deseret paper mill
water power in said creek. the Granite pa
per mill water power in said creek and
the Butler mill water power the latter
being located right at the mouth of Big
Cottonwood canyon. and the two former
about a mile and about two miles, re-
spectiYely. below the mouth of said can
yon.
Deeds to Pass Promptly.
s Under the terms of said ordinance
the Utah Light & Railway company shall
within sixty days from its approval file
knowledged acceptance of the same, and
all deeds, releases, conveyances required
approval Of the same by majority of the
council and mayor, the ordinance shall
be published and il shall take effect sixty
days after its first publication That sald
Utah Light & Railway company mas, IN
accordance with the provisions of said
ordinance, accepted in writing the pro-
visions and terms of the same. and is
having prepared abstracts of title TO ana
release of mortgage of and conveyance
for said property. TO be submitted to the
council and mayor for final approval
8 The plaintiff is informed and believes,
and therefore alleges, that the Utah Light
& Railway company Will execute the
deeds. cOnveyances and releases that are
required by said ordinances and file us
acceptance of the same. together Win
said deeds, conveYances and releases, TO-
gether with abstracts of title with the
city council within sixty DAYS from me
date of the passage Of said ordinance, ana
do all things necessary to be done BY II.
in order to accept and secure benefit az
said ordinance and that Salt Lake CITY
will. unless restrained. accept the con-
veyances and releases above provided for
and do all things necessary to be done IN
order that said ordinance granting sald
franchise shall be operative and effective
Says CounciImen Profit.
: 10. The city council of Salt Lake City
consists of fifteen members; that seven
Of these members, to-wlt; Rulop s Wells
F'ernstrom. f. II. Davis. ]. II: Preeee ana
2. ]. Hewlett, and r. P. Morris. the
for number of years last past nave
been members of the Church or Jesus
Christ of Latter-day Saints in good
standing. That Rulon s. Wells is one or
the high officers of said church, to-wlt:
one of the seven presidents of seventies,
and as such receives reasonable compen-
sation for his services from said church
out of the funds of said church. partly
derived from it's commercitl investments,
including its interests in the Ctah Ilgnt
& Railway company; that ". j. Tudden-
ham and A r. Barnes are bishops coun-
sellers. actively engaged in the work or
said church. That eight votes were cast
for the adoption of said ordinance in the
city council CT Salt lake City and seven
votes We're cast against Its auoptlOn, anu
each OF the said seven cOuncilmen who be-
longs to the Church Of Jesus Christ OF
Latter-day Saints voted for the adoption
q ordinance without
Of each of said seven members SAID or
dinance would not have received the ne
CesSary number Of votes to have passed,
'and without the approval or the mayor,
who is a member of the Church OF Jesus
Christ of Latter-day Saints. said ordin-
ance could not become operative Ihat
said ordinance is void and illegal ana
should be declared nun and void by TINS
court because each of the seven members
of the city council. who belong To the
Church of Jesus Christ Of Latter-day
Saints had at the time they voted for
said ordinance an interest in the stock of
the Utah Light & Railway company.
II. That said franchise granted by SAT-
Lake City to said Utah Light K Railway
company is a valuable property right and
asset of said Salt Lake City, and said de-
PENDANTS will, unless restrained by TINS
court. cOnsummate said francnise rlSht
in the defendant the Utah Light & KAN
way company. and this plainuft mas no
adequate. or any remedy at all at law.
Wherefore. the plaintiff prays that the
said ordinance granting franchise TO the
Utah Light & Railway company be de-
clared TO be null and void. and that the
Utah Light & Railway company be en-
joined from deciding conveying ana re-
herein described as a consideration Tor
said franchise. and from operating under
said franchise. and Salt Lake City be re-
strained from receiving said property as
consideration for the granting of SAID
franchise. and that until the application
for said Injunction can be heard an order
be issued restraining said defendants ana
each of them from doing any of the above
mentioned acts. and the plaintiff prays
for such other relief as may be just and
cquita bic ALLEN T. SANFORD.
Attorney for Plaintiff.