Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-31
AT THE CITY COUNCIL.
No Money For Celebratins.-.Impor
tant Ordinances Passed.

| Inc lily NUuuCll utiu rlcNiai
session on Thursday evening, Act
ing Mayor Parsons presiding.
The finance committee, TO whom
was referred the petition Of the
Chamber OF Commerce and citizens,
asking for n appropriation efs2, 500
to the Fourth Of July fund, recon-
mended that the petition be not
granted, and gave the following re-
port Of City Attorney Merritt:
10 ne Aayor and Council Of Sat
Lake Oty:
In the matter Of the application Of
certain citizens for an appropriation
70 assist in celebrating the Fourth
Of July, upon examination l am Of
the opinion that the Council has
no power 10 make such an appro-
priation.
Article Of Gan act providing for
the incorporation OF cities" approx
ed March $, lSSS, on page IS OF the
Revised Ordinances Of Salt Lake
City, subdivision Q Of article Of
said act, among the powers Of the
council is the following: "To appro-
pirate money for corporate purposes
only" IL Is quite clear that cele-
bratiug the Fourth of July Il not n
corporate purpose" Dillon, In his
WORK on municipal corporations,
vol. !, rage l76, section l49, third
edition, states that "withOut ex-
press authority public corporation
cannot make a contract TO provide
fer celebrating the Fourth Of July;
that such contracts are void"
Clearly, this corporation cannot
make the appropriation without 2
clear and palpable violation Of the
law.
The council are only trustees for
the city, and must act within the
express powers granted. IL the ap-
propriation is made, any taxpayer
could enjoin the city from paying 1t. |
This Is not n novel question, and
has been frequently decided in
other States. See Hodges vs.. Buff |
faIo . DEMO (N.Y.l Ito; COrnwell |
vs.. Guilford DEMO SO; Hood Va.
Lynn, ! Allen Mass lO3; Gerry |
W.. StOneman, ! Allen Mass 3l9. |
Nor to celebrate the surrender Of \
CORVALLIS; fash Va. Adams, 10 |
Cushing Mass 2j2. In DEMO 10, ]
Justice levitt says, "COrpOratiOns
have no other powers than such az
are expressly granted, or such rs |
are necessary To carry into effect /
the powers expressly granted"
This is a principle Of the common
law, and was adopted by our legis-
lature in defining the powers OF
municipal corporations in Utah.
The question then is beyond the |
realm Of debate, and is too plain and
is too well settled to be questioned.
While, as patriotic citizens, We re-
joice in the proper celebration Of the !
natal day Of our great republic, yet I
as law-ahidiug citizens and Trustees I
Of Salt Lake city. again reiterate [
that the council canpot, without . I
clear violation Of the law, make the |
appropriation.
Respectfully submitted,
= a. MERRITT, City Attorney. .
The report was adopted.
The committee on improvements .
recommended that n written con-
tract be made with c. L. Apponyi |
for plans and Specifications for the |
city and county building, as agreed |
10 by the former council, and that |
the architect be paid $500 on ac-
count at once
The report was adopted and the |
city attorney instructed to draw up |
such n contract.
The bill for "An ordinance pro- |
viding for paving, re-paving and /
or repairing streets I
and alleys in Salt Lake city, was
then taken up on third reading, and
was passed without amendment,
kagTicS andATmstTOng
voting against e.
Councilman Hall moved t. recon-
slider the vote. The motion was
lost.
The bill for an ordinance prescrih-
ing and defining the duties Of the
board Of public works Of Salt Lake
city was then taken up.
Councilman Hall thought that the
salary Of the members Of the board,
except the chairman, whose salary
Is fixed by statute at 81, 500, should
not be reduced from $500 to $3.50 per
lnnuni. He didn't think IL was pos
sible TO get good men TO serve on the
board for $3.50, any more than it was
possible 10 get good men 10 serve in
he city council at the same
figures.
The motion 20 amend was car
red, and the bond Of members Of
he beard, except the chairman, was
from $1,000 10 5000.
The bill was then passed, COuL-
.ilman Hall being the only mega
i've.
The ordinance creating board Of
leatlh next came up The salary Of
he health commissioner, which was
eft blank in the bill, was fixed at
sl25 per month, while the salary OF
he city physician was fixed at $50
per month. The two other mem
jeTs Of the boaaf, exclusive Of the
mayor, are to receive IS each for
zach meeting attended. The ordi-
nance providing for n city scaven-
ger is repealed by this ordinance,
which was passed by a unanimous
vote.
The council then adjourned until
Tuesday evening next.