The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-10-18
A GREAT POINT GAINED.

! Judge Morse s decision In the case
OF Thomas Homer ex rel. State of Utah
versus the Utah Light and Railway
company aud Salt Lake City, in which
demurrer to the complaint was over
ruled, establishes a principle of great
importance in the fight TO emancipatc
| Utah from the commercial domination
of the Mormon church.
Something like year and half
ago the Utah Light aud Railway com.
| pany asked that its franchise be ex-
| tended for a period of one hundred
years, aud that the powers of regula,
ton then retained by the city be re-
moved Public sentiment was aroused
against the attempted robbery to such
an extent that the company rcceded
from its original proposition, cut the
time OF extension IN two, and fran.
chlse extending the time for fifty years
and tightening the conditions imposed
upon the company was finally passed
by vote Of seven Mormons and Mr.
Hartenstein, with seven Gentle votes
against it.
Mr.. Homer then brought the action
to aunul the franchise, on the ground
that the Mormon church owned a part
or the stock OF the Utah Light and
Railway company, and that it was a
voluntary association Of individuals
for two purposes; viz, religious and
commercial, aud that the members of
the church were in eacct parties in the
ownership of the stock belonging to the
church; and for that reason the Nor
mon members of the Council were in
tercsted III the franchise.
The demurrer was argued last spring.
The court, after full consideration, now
holds that under the facts set forth iu
the complaint, the franchise Is void,
and that the Mormon members were
disqualified from voting on this oues-
ton.
The rule of the court Is in accord
with good morals and good government.
II is fundamental that the CounciImen
should be 'disinterested in all matters
upon Which they vote. The contrary
doctrine would give approval to
graft; for grating is no more than
the public servants having interests
adverse to the public interest The po.
Icy of the church in entering upon
commercial enterprises and then elect
ing its own members TO the City Coun-
cll To dole out to it such franchises as
Il may ask for, is no more or less than
graft on a gigantic scale, carried on
under ths cloak of religion.
The doctrine of this decision is that
the people have remedy by a resort
to the courts to enforce the old com
mon law rule that the servants of the
people cannot abuse their trusts by
granting franchises and valuable prop
erty rights TO themselves directly, OF
indirectly TO corporations in which
they are interested.
This decision will be gladly vel.
coined by the people Of Utah, as one
step IN advance IN the righteous fight
that is being wsged here to enlspcipate
the business and commercial interests
of the State aud community from the
tentacles of the church octopus
IL is hailed with especial delight by
those of the American party who have
gone into the question OF the basis IN.
derlying the church tyranny here, aud
who can see from this decision that
there is not only God in Israel, but
remedy at law in the courts, and q
power to check vicious abuses when
they become too pronounced, even
though they be carried on in the name
Of ''the Lord -