Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-08-31

because they had done no work. They
alleged that they had now speut cou.
siderable money and hal Ras In com
morciai quantities, 70 that 10 would be-
a manifest Injustice 30 grant anothcr
company franchise before their own
application for such franuh ise. Laid
on thetable.
RETURNED DisAprRovrD.
The recorder read the following from
the Mayor
SALT LAKE CnY, Uinh, Aug. 30, lsp2.
TO G. L. Stanton. City Recorder, City;
Dear Sri herewith return disap-
proved tho resolution introduced by
Councilman Evans relating 10 the pur-
chase Of material Tor tho various depart
ments by tho respective stundng CONT
mittoes, for tho following reasons; Tho
first section Of the act OF the Territorial
Legislature entitled "An act granting the
mayor OF cities OF tho frat and second
class qualified veto power" approved
Fob. "a, 1872, provides that every rOsolu-
ton adopted or contract approved by the
city council appropriaiiug or involving
tho expenditure Of money shall, within
twonty-iour hours nitor tho uction Of tho
city council, be presented to the mayor
for his approval.
The manifest object OF the Legislature
in enacting these provisions was TO pro-
vido safeguard against any impro-
vidont, eXtrnvagant or wrongful oSpcnd.
itufO Of public money. Tho power thus
conferred In tho hands OF "A faithful aud
Vigilant executive can hardly iRil TO nc
compllsh tho desired objects. Tho mayor
cannot divcst himself OF this power, oven
II no 90 desired, and would TAIL In the
proper discharge Of his duty " ho omit
led To notice any measure which violates
tho rpirit aud intent Of the provisions boz
fore quoted.
The resolution In question clearly yio-
latos both their letter and spirit These
resolutions provide that purchases in
volying tho oxpondituro Of $500 or less
for nny single item, or bill, may be made
by tho committee lof tho department Tor
which the purchase was intcrdcdl when
immediate action Is necessary, unless
otherwise directed by the Council. Tho
number OF Items or bills which may ho
purchased by onch committee per day h
not limited, and ~ the resolution Is con-
iinuing In operation 1t may la execution
be made to cover . very largo percentage
Of tho expenditures which tho city will
mako during tho present administration.
That Is authorizes tho expenditure Of
money and tho making of contracts, in-
volving tho expenditure Of money 10y the
respective committees Of the city Coun-
ell, without the approval 81 tho mayor
there can be- no reasonable doubt The
language OF tho law IL "rhat any resolu-
ton or contract 4prlating or involv-
ing tho expenditure Of money shall be
presented to the mayor for his approval
Any resolution, the execution Of which
will takofrom tho treasury any portion
Of lis fund, certainly involves tue oN-
pondiiuro Of money. Can tho resolution
In question be carried into effect without
doing this2 Certainly not Every pur-
chase involves the making Ola contract,
expressed or implied, ana the statute, In
letter OF intont, embraces both OF these
classes OF contract. Tho purchase money
In either case must come nom tho city
treasury, aud tho statute embraces all
expenditures without Limitation, either
NJ TO amount or tho necessity OF immo-
diate'nction.
II / approve this resolution It would
s,ill be U'frd uiro, because Il delegates
In violation Of tho statute powers TO tho
respective committees which tho city
council as n body. under tho law docs not
itself possess. A. this resolution IL con-
tiuuing in its operation, ifcarricd out.
purchases viii continue To DO mado for
many months 10 come, and frOm tho
very nature OF the case II IL impossible
tor either the city council or tie mayor
to iudgo so TAR In advance, whether the
purchases made will bo necessary, we'll
timed or for the Interest OF the public, or
whether tho price paid will DO reason
abl0.
These points can only be determined n,
the timo Of the purchases, aud the up
prevail 10y the Mayor Of any measure,
leaving out OF sight these considerations,
would be AN inoXcuablo exercise OF tho
power vested IN him as u sato guard
against improvldont, eNtravpgant aud
wrongful expenditures of public money.
Any purchase or contract involving tho
expenditure OF money Ia cOntravention OF
the statute II Illegal aud void. The seller
eau not enforce payment for goods sold
and tho city Ia without remedy for any
breach which tho seller may bo guilty OF
on his part.
Tho interest Of the city demands that
these questions should be carefully aud
calmly considered by those whose duty
II Is To deal with thom and that an carly
settlement OF thom, n such thing is pos
siblo DO arrived at between tho Council
and tho Mayor, for a diversity Of opinion
on those points has already given rlse To
complications and delay Of urgent and
necessary public improvements. without
such settlement, with the lapse Of time,
these OWLS will increase.
During the reading Of the communal.
cation Moran very Rudibly said "Oh,
no ~ Judging things himself"
Moran moved that the communities
ton lay on the table until later Ia tho
evening.
simondi--Does not message from
tho Mayor have TO be acted upon forth.
with?
Monn-Ii the gentleman objects
will move to postpone to fixed time.
II the council wishes 10 discus 1t now
I ap perfectly willing. My contention
IL that the resolution does not author.
ize the expenditure OF money.
The motion to lny on tho table car.
ried,
CONTRACT MADE.
The board OF public works reported
that II had entered into contract with
Houlah n, Griffith n Morris for the
construction Of catch has ins, coIduits
and drains on East Temple street OF
the intersection Of First, Second and
laird South streets, with bond IN the
sum Of 500, signed by George Olsen
and John sheriff. The abstract OF the
bids for tho work submitted was 10
follows;
hlcnvlllc s!liA
.. >. Murhc = son .....ssstss.ssss.ss....., W.
loulhhnn, 6tilih Morris ..........,-... l,sll
The contract was approved.
PAVING CONTRACT DEFERRED.