Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-08-10
Real Estate Association Files AC-
lion and Obtains Temper
airy Restraining Order.
CONTEMPT CASE DISMISSED.
Judge Vaughan Quashes Information
Against Dist. ATTY, Iialycrson,-
Divorce Goes TO jail.

ogden, Aug. 10 J. BTumnitt
en- active member Of the ogden Rea
Estate association, IS plaintiff IN an
action filed last evening in the Second
district court against the ogden
Waterworks company, ogden city,
Florence o'Neill Stanford, city audit
tor and Robert \. Moyes. city treas
urer. and Judge J. A. Howell signed a
temporary restraining order restraln-
Ing the defendants from taking any
further steps I'm the granting To the
uaterworks company Of a 90 years
franchise or in the issuing TO them a
$4,000 city warrant I'm full payment
~ all litigation between ogden city
and the waterworks company also hy-
drant rentals
The complain; recitos the rules Of
the city council. which provide that
any ordinance must DE passed by the
council on three readings. and that
one week shall elapse between each
reading, also that It shall be referred
to a committee who must report on
tho same before such an ordinance
passes It's second reading These rules,
/, is alleged I'm the complaint. were
violated by the council iu passing the
ordnance another rule Is that no
appropriation ~ money by ordinance
or otherwise belonging TO the city
shall be- made until the same has been
referred 20 committee OF the council
and reported on, which II is alleged
was. not done I'm appropriating the
$4,000 10 the waterworks company
IN full payment ~ all claims II holds
against Ogden City.
The complaint further sets forth
that on July 80. 1906. the council sus-
pended its rules on vote Of 10
and passed the ordinance granting 70
The Waterworks company a franchise
which Is attached 90 the complain.
aud marked exhibit a. aud that I'm
consideration Of the granting Of the
franchise the NaterwOrks company
signed an agreement, "a copy 81 which
Is also made part Of the complaint,
and marked plaintiffs exhibit b,
agreeing % dismiss all suits pending
against the city and Judgments Sc
cured amounting 20 $4,000 for the
sum Of 5000 That the passing
~ said ordinance is in rect violation
Of the rules Of the council, as It was
never referred "a a committee OF the
council. that It IS wholly void and con-
trary to the laws and constitution Of
the state.
The complaint also sets forth that
In consideration OF things 90 be done
by the Waterworks company as set
forth I'm the so-called ordinance. in-
GLIDING the water rates there fixed.
and as the inducement for the pas
sage and acceptance of the franchise
ogden City thereby attempted 20 lease
and dispose OF valuable water rights
owned by said Ogden City IN ogden
river. Weber county. state ~ Utah.
heretofore used for supplying ogden
city and its inhabitants with potable
waters, which the complaint charges
Is I'm violation ~ the constitution Of
the State OF Utah. Wherefore plain
100 prays that the court decree the
alleged ordinance. proposition and
resolutions void and Of no effect and
asks for permanent restraining order
restraining the payment Of the $780,
coo TO the Waterworks company.