Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-11-04
Adopted.


iuehutu tnht Tue pcltiun ue kFhntths
TIIE ELEVATED SIDEWALK, GRADS.
city Attorney Hall presented the
following written opinion on the petit.
lions of the Salt Lake Dramatic Com
pany. Lindsay Sprague and Others who
asked that the city romunoraIc them
for the damage done their property by
the elevated sidewalk grade on State
street, between South Temple and First
South street,;
First II tho M Of the street IL m tho
adjoining lo.-ownors, tho State has ma
easement 10 adapt tho street To- an easy
aud safe passage over its entire length
ADD breadth. When making or inprov-
ing the streets within It's limits, IN tho
exercise Of an authority conferred hy
statute, u city Il tho agent Of the state
and. II II atcs within that authority, aud
with due caro-, dispatch and skill l. not
at common law answcAble for conae'
qucni damages.
Second Acts done In the proper cxor-
else Of governmental powers and not
directly oncruaching upon private prop
crty, although their consequences NAY
Impair its use, are not taking within
the meaning Of the constitutional pro-
vision which fOrbiis the taking " such
property for public use, without Just
compensation therefor.
The text Of Dillon on Municipal Cor.
poration, says the opinion. Is 10 the same
effect.
However. II In grading a street or -iie.
walk tho city causes earth 10 be- deposited
upon an adjoining lot, or breaking down
iences, Il j. liable for the damage caused.
Hcndcrshois ". Otumwa, 20 Iowa, G1s
Ois17l.
hnd no law OF Congres. or Of the
Territorial legislature giving property
owner cause Ut action Tor consequential
damage, against The city for the grading
or paving nf street or HiioW ak, pro.
yidcd such paving IL done In the way rs
required Or announced la the foregoing
authorities.
Ia conclusion, permit ina n suggest
that special committee 10 appointed,
with tho rity engineer associated, 10 in
vesuga,o as 10 whether tho city In grad.
Ing aud paving the sidewalks In question
has acted within the limits Of iho rule
which | have quoted as controlling the
question submiuodi aud II not, In what
respect aud tho amount of damages htts-
tanned by the petitioner.
rnE DEFr CREEK ROAD.
The ordinance granting right Of
way 10 the Deep Greek Railway Com.
psny through this city was taken up
and read aud laid over for one week.
II provides that all tfacss shall be
laid In the center Of the streets; that
they shall conform 10 the grade Of the
several streets; that whenever any OF
the streets along which the track runs
shall bc paved the company shall pave
between tho rails and for space Of
two feet outside Of each rail; that the
company shall gravel and maintain Ia
good condition the streets for dis
lance Of twenty feet on each side oil
IN. outer rails; that tho construction of
the railway commence within ninety
days after the passage the ordinance,
and that the same shall be completed
and equipped In n first-class manner
and cars running thereon from the city
limits 10 the Deep Greek mining
country within twelve months after the
passage " the ordinance.
The usual restrictions as 10 tho cross.
walks, water boxes, speed 10 be main.
tAined, etc, arc also incorporated. The
ordinance provides that the right OF
way shall be "a follows:
Commencing Mt the eastern city
limits on Tenth OF Roper street, run
ming thence west 10 the city canal
thence northwest along tho enst bank
Of said canal 10 Eighth South street;
thence west along said Eighth South
street 10 the Jordan river, thence arros.
said river 10 Indiana avenue; theme,
west ON said Indiana avenue 10 tn,
county road on First street, west o
Cheyenne avenue, and running north
and south; themes south on said county
I a.. az IA a. a
road running west; thence west oil
last mentioned county road 10 the cit.
limits.
Will not MoDnY.
The committee 10 whom had been
referred the petition OF the Pacih,
Paving Company aud others asklng
certain notifications IN the spoclca
tlons OF the State street pavement, 70
ported that no notifications were nee
cssary. Adopted.
SUNDAY CONCERTS.
The committee on Licenses reeom
mended that the privilege be granite,
| 10 give Sunday concerts In the Won
derland Theatre. The recommends
ton was defeated.
WANTS the CITY MARSHAL sus
PENDED,
Just as Recorder Jack was about |,
read the appropriation list Councilman
Pickatd Jumped up and excitedly STAN
mercd out the following which he hai
taken the preoautlon 10 place on pape
before the Council meeting com
nienced;
Muh reference to the order coucorninl
the arrest 81 persons keeping disordorl'
houses, have to state that Marshall. NJ
Young came To mo Tow days ago slntinl
that he had snine thirteen Ar iourloei
complaints against these houses aud AK
ing my pleasure as acting mayor In TIL
matter. Upon asking him tho custom II
tho department, he replied that II was Gu,
tomary 10 pull those houses ovory two @
three months, l informed him that
thought he had better wait until tho RI
turn % Mayor SCOTT, IN two or three days
who would be- Ahlo 20 give the matter hi
parsonul attention ~ heretofore. Thro
days after this Interview tho marsha
came to mo and stated that no did no
like To take tho responsibility OF holdin
oil no arrests until The return. OF th
Mayor without some authority aud asio
mo 10 Sign an order to that effect.
signed that order ~ was assured u wa
la accordance with the regular routine {
city business. Marshal Young immodI
aloly violated tho order ho Ia this manne
induced mo 10 Sign for purposes boz
known to himself.
therefore move that the chief OF pole
be- suspended for twenty days pending
investigation, and | ask that commiste
Of 1--we be appointed to conduct such II
vostigation.
Hyde--l second the motion.
Lynn Before the motion " put
wish TO inquire Of the city attorney
we have the authority
Pickhrd (qulckly)'-Of course "
have.
Mayor Scott--He Is city