The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-10
INJUNCTION SUIT
HAS BEEN BEGUN
James J. Brummitt Starts AC-
ton to Have WaterWorkS
Franchise Declared Void.

The Ogden Water Works company. Og-
Huen City, City Auditor Florence Stand
tord and City Treasurer Robert A. Moyes
were yesterday made defendants in an
action brought in the name Of James j.
Brummitt, member of the Real Estate as
ISOLATION, III an effort to set aside the
FRANCHISE granted the Ogden Water
works company. temporary restrain
lliS order was issued by Judge j. A. How
ell last evening to prevent the payment
or the $4,000 by the city for the cancel
latlon of all pending litigation and also
10 prevent the company and the city from
putting the provisions of the ordinance
into effect.
The complaint was prepared By Attor-
aey G. c. Dey of Salt Lake and j. ID.
Skeen of this city. 1t is a voluminous
document and is accompanied by a copy
Qi the ordinance and also copy of the
agreement made by the water works peO-
pie relative to the improvements they
would make in the event the franchise
was passed. These latter two papers We're
marked Exhibit A. and Exhibit B."
me allegations In the complaint are much
me same as was published in The Her
aid yesterday morning, 1t sets forth DIS
reasons why the ordinance should be de-
clared null and void: That the rules gov
erning the council provide that an ordi
nance shall have three readings previous
10 us passage; that one week shall inter-
Vene between each reading and that the
franchise shall be referred to a commit
tee who shall report before the second
reading. Another rule quoted in the
complaint is TO the effect that no APP
preparation of money by ordinance or 9TH
erWlse belonging to the city shall be made
until it is reported on by committee of
the council and that any rule of the
council may be altered suspended or
amended by a roll call on a vote of two
thirds of all the members elected.
The complaint then alleges that the
rules was suspended at the meeting of
July 30 by a vote of to 2, one member
being out of the room at the time and
that the franchise was passed by a vote
or TO 2. 1t is claimed that the fran
chise was. therefore. passed in violation
or the rules of the council, from the fact
that il passed all three readings in one
evening and that it had not been referred
10 or on by any committee as the rules
provide
1t is alleged that the franchise is Who'll
~ void and contrary to the laws of the
state. That in consideration of the things
TO be done by the water works company
as set forth in the ordinance including the
water rates therein fixed and as the in
ducement for the passage and acceptance
of the franchise, Ogden City thereby at
tempted to lease and dispose of valuable
water rights owned by the city in and
10 the waters Of Ogden river heretofore
used for supplying Ogden City and its
Inhabitants with potable waters.
The plaintiff claims that the defendants
threaten TO proceed under the ordinance,
and to pay the company the $4,000 bonus
ana asks tnat the aleSed ordnance ana
proposition offered by the water works
people be decreed to be null and void
and of no. effect. A restraining order
is asked for against the auditor, treas
urer and the other defendants from en-
forcing the ordinance, proposition and res
olutiOn
Mayor Conroy stated yesterday that he
was wholly satisfied that the ordinance
was legal and that he was satisfied that
Il majority of the citizens of Ogden was
In favor of the settlement of the water
works question
Manager II. H. Spencer OF the water
works company stated that he would be
just as pleased if the franchise was
thrown out as if it was declared to be
valid. In the event of the former, the
city would have to pay the company S4O,-
40. while otherwise the payment would
only be $4,000.