Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-05
LOGAN'S MISFORTUNE.
Repudiating Unlawful Municipal
~ VebligatiOns.

aiuons set forth in the folIewing: J
70 tie Honorable he Mayor andot
i OoIncL-
j Gentenaeh-At your kht u,eetip
Two weeks ago you did me the nom
OF appointing me city attorney, 70
wnicn please receive thanks. Ii
with regret make the announce
ment that fer time at least. / vii
oe unatie 70 be associated with yo,
IN that capacity in an official way
because Of tneligibility; the law re
curing toe holder of that and nj
other Offices ia the city to be a olI,,j
lned voter here. However. at m,
request Of the mayor and financ,
COMMITTEES have been engaged in
looking over and advising with ref
erence TO some matters affecting III,
municipality, and IL such service
meets with your approval 1 am vii
ling tooontinus in 1t SO long as NAV
be desirable. hi 1914. ~ -
We have been engaged. amons
other things, IN an Investigation 81
the city's fiscal condition, and the
conclusions reached do not seem q
DC gratifying in any sense. =
The amount of Indebtedness
which hecity may incur islirnitei
W the 5swyef Congress Of July 20,
ISso, to per cent Of the assessed
value Of all the taxable property
within the municipality, and the act
peremptorily fofbids the ieteation OF
auySiiabhities whatever beyond the
amount thus ascertained, declaring
that any bonds or other obligations
IN excess Of such sum shau DE vuid
and the legislature II prohibited
from passing any laws in conflict
with said act. This Is the supreme
law governing the case; anything
corresponding with or falling shorI
OF its provisions would be legal, but
anything bpposed to- or exceedins
them would be a nullity at once.
The city charter makes a different
provision; that Is, thai the CORPORA
ton may borrpy money for city
purposes The interest or which shall
not exceed one-fourth of the city
revenue arising from taxes of tie
previous year, while a subsequent
act Of the territorial legislature sub
stantiaIly reiterates tile law OF Con-
gress. 1do not regard the provision
referred 70 in the charter as having
any validity whatever, because,
while u might not transcend the
superior law in its operation, il is so
constructed as TO admit OF evasion
and dnHicity, and to,thisI take Il.
we are largely Indebted for the ex-
isting complications. Not the least
mischieyous.is the ambiguity con-
ferred by some people upon the
words "reveuue" and ,staxes, {" they
that all forms Of obtaining
money from the people for eablie !
purposes is taxation. AS it Is my
Judgment that that portion OF
the charter should be ignored.
! do not care to discus the
proposition any further than 10
say that in this instance at
least "taxes" obviously does not |
include 'slicenses'' or ''fines, - either
Of which are in most cases fruit |
full source Of revenue. IT licenses
were included, the council would |
be placed in an anomalous position,-
because the greater part Of the rev |
enue1ratsed by means OF licenses
comes from occupations recognized !
as unwhOlesome and which there
fore, you would be in duty bound to 1
confine TO the narrowest possible |
limit; that is, while under q solemn /
TO increase the welfare OF /
the city by means Of increased rev.
enue, you would also at the same
time have in view the curiailment
Df it. And this very circumstance
soes toshuw that a bonded, or,~in
Iact, any Indebtedness could not
with safety or ceriainty be based
upon such means Of income, Il be-
ing shifting, uncertain aud indicat-
ing a more healthful condition Of
.hings when it does not exist ut all.
Certainly the lawmakers would
rest no such proposition upon so
unsettled and undesirable n conci-
ion.
1t would then, gentlemen, appear
hat You are, not only TO. take no
'tep land engage In no legislation
looking to the Payment, settlement, I
or disposition Of any I
charges or claims against 4
he corporation after the debt in the
including interest, has
the legal limit, but that all
'uch charges or claims shall be ig-
aored. To he silent or inactive on
mis- subject would be equivalent 20
improper action, as you are charged
with the task Of remed ying existing
wrongs aud removing from the
Dody polite everything that even (
hreatens it. Looking to tha. end
respectfully recommend the adop-
ion Of the accompanying resOlu-
The satisfaMStiiddhI Jf ttEiosaeq y hS hold
certificates. checks, or other
nina f6rc1e evidence OF indeotede
less, and Yhe will be Affected by
he adoption 81 the resointlon.ls nsi
subject of. legislatiou-by you and.
herefore, y6bcSiH hot, las officers of I
he city OF least take such n subject
ntO consideration While, in n
General way, Reputation is harsh
md not infrequenly an-upjust afidt
wen dishonest Performance, il can
rot DO considered - in this instance
Here II is;fpubiic id1ty, an frntne>i
late pecessity, as 70 deal with the
natter IN any other way, or 70 not
leal with it all, would, be To recOg-
lize as an entity what the situation !
demands you will officially promul-
ate a nptiity. 2HOi : 1O1 OF
The report OF The auditor for the
'ast fiscal year, just published, does
lot seem TO he satisfactory in all re-
poets. For example, we find an
contract for the pur-
base OF certain property for $40, 200,
art OF which appears TO have been
all of-eeufee this giIl not be reo-
ghfEee, aud steps; should be taken
securs the return OF this or Other
aoreys IMPROPERLY paid out. The
ransaetpn Is ignored BY the audi
Or. IL would seem to be proper
hat all these subjects receive i'm
Mediate attention, in order that
where money is claimed the parties
nay have the benefit OF an early
lotice that the city is not RESPONSE
lie, and that all that is recoverable
nay be recovered.
The patent fact that property has
'ot been assessed at fair valuation,
eng greatly iieneath w-hatitshould
c, does not help the matter 10 the
ssst. tits not wnat should be hut
rhat Is that governs ! Congress has
he power and would doubtless. If
pplied 70, have the disposition to
nlarge the city's borrowing power:
ut it is questionable IL it would
ousent to HIe, MITIGATION of a enn-
ition Of things created in oFposi-