Daily Arizona silver belt., 1909-03-19
INJUNCTION SUIT IS FILED AGAINST
 COUN GIL
ATTORNEY GENERAL BRINGS AC- TIoM TO PREVENT SELLING
 PORTION or STREET.
LURDY DON'T WANT HIS SHARE
MANY COMPLICATIONS ARISE IN ATTEMPT TO IMPROVE PoR-
 TON OF BROAD STREET.

From developments which have oc- cured within the past few days, it seems very probable that the proposed change in the street line on the west side of Broad street between Cedar and Mesquite viii not be carried out.
 In the district court yesterday suit was filed by Attorney General E. s. Clarke at the instance of Joseph H. Hamill and J. J. Keegan against the City of Globe to secure an injunction preventing this work being carried out.
 At the meeting of the city council last night, when the matter of the pro- posed change in the street line came up for discussion, there was by no means an undivided opinion in favor of the change. Alderman Feland was strongly against what he characterized as "an improvement for the benefit of few people rather than the city, " and Alderman Rose seemed to hold tLe same opinion.
 The matter came up when City Attor- ney N. M. Alfred proposed that the street line, instead of starting at the corner of Cedar street, start at the north side of the corner lot, owned by Berndt & Koch. In proposing this ac. tion, he stated that if the owners of the adjoining property should build flush with the proposed sidewalk line, it would make an unsightly jog along the frontage line. He also suggested that the sidewalk be gradually narrowed from twelve feet at Cedar street to ten feet at Mesquite, to conform with the walks already in place.
 After considerable discussion, as to whether or not the whole matter should be allowed to die q natural death, Alderman Van Slyck moved that property owners be allowed until the next meeting of the board to decide whether they would reject or accept the proposition. This was carried with Feland and Rose voting against, as was the motion to narrow the sidewalk.
 Just what steps will be taken in the matter will be decided at the next meet ing of the board.
 It was stated at the meeting that J. c. Lundy, one of the property own CTS, would not accept his share of the property frontage. Under recent action, that portion of Broad street lying with in line drawn between the property fires at Mesquite and Cedar streets may be acquired by the property own CTS upoon whose land in fronts, at the price of SS2-3 cents per sluare foot.
 The suit instituted by E. s. Clark, attorney general, at the instance of Joseph H. Hamill and J. J. Keegan, involves the question of the authority of the city council to pass such an or dinance, the effect, of which will be, as is stated in the complaint filed by the attorney general, to vacate a portion of Broad street, between Mesquite and Cedar, for the use and benefit of the abutting property owners.
 Stoneman Jacobs and l.. l.. Henry are associated with the attorney gener- al in the institution of this suit, which is of considerable interest on account of the fact that it is the first suit of this character that has been brought in this territory.
 The complaint denies the right of the city council to vacate any portion of the streets, alleys or public highways and declares that such an attempted action is ultra wires; that the streets are hold by the municipality in trust for the people of the city of Globe, for their use and benefit and that it is a perversion of this trust reposed in the municipality to pass an ordinance the effect of which, as is stated in the filed, would be to give to the abutting property owners the sole and exclusive benefit and enjoyment of that portion of the street vacated.
 The complaint prays that this action be declared ultra wires; that the abut ting property owners be enjoined from receiving any of the benefits which would accrue to them by the vacation of this portion of Broad street, and that, in the event the abutting proper ty owners should erect any buildings or Improvements upon the portion of the street vacated, that such buildings or improvements shall be deemed nuis- ances and abated accordingly.
 The outcome of this litigation will be watched with much interest, as it involves the right of every municipality in the territory to straighten, alter or vacate any of the streets within the corporate limits in such a manner that abutting property owners may Do allow ed to purchase such portion of the streets or alleys as may be vacated.