The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-16
AFTER MUCH DISCUSSION.
LIVELY TILT BETWEEN COL. DON
NELAN AND MIR. MULyEY.
An Understanding Was Soon Reach
ed, However, and Everything is
Now in Readiness For the Coun-
ellis Action on Next Tuesday
Night.

!
company was gone over at a meeting
of the Improvement committee last
night, and all the essential provisions
agreed upon, so that it is now left to
the city council to ratify it. This will
undoubtedly be done next Tuesday
night, and hence after that time the
Pickering of arc lights will soon again
be seen when the moon has sunk into
| the bosom of the west.
| All the principal objections raised to
| the contract last Tuesday night were
conceded by the committee. From this
it must not pc inferred that it is all
one-sided, for it is not. The document
! is everything any reasonable individ
| ual can demand, barring, of course,
the price per light and the length of
time covered, which are questions of
! controversy
| Beside Councilmen Callister, OMeara
and Mulvey, constituting the improve
ment committee, there were present
City Attorney Mckay in behalf of the
city's interests, and Colonel Donnellan,
| George M Cannon, John M. Cannon
and Mr.. Summerhays of the power
company.
The proceedings during the early
part of the meeting were somewhat
| enlivened by a passage of words be-
tween Mr.. Mulvey and President DON
nellan A better understanding, how
ever, soon prevailed, and everything
went lovely
The contract was taken up and con-
sidered by sections. The first discus
sion was upon the number of lights to
be contracted for. The old contract
provided for 276, while the contract
drafted provided for 800 lights.
Mulvey favored making the contract
to read so as to permit reduction if
the council should so desire The
change was then made SO that the con-
tract now provides for 276 lights.
The clause in the contract providing
that in case the lights furnished are
not of the intensity-2,00O candle power
the amount of the shortage shall be
doubled and deducted from the price,
provoked much discussion. President
Donnellan and George NJ. Cannon, in
behalf of the company, wanted this adj
ditional penalty stricken out. The
company would be willing to have the
shortage deducted, but could not in
view of the low contract price, stand
any additional penalty. 1t was the in
tention of the company to furnish the
lights of the required intensity, and
it was unjust to exact a penalty for
what might result from misfortune.
Mr.. Mulvey said he was guided by
the experience of the past. The old
company, it was reported, had at times
furnished only 1,2OO candle power, and
it was intended as safeguard against
such repetition.
Colonel Donnellan maintained that if
the city should impose q penalty on
the company double the amount, there
was no reason why it should not make
the penalty twenty times the amount.
Mulvey-No. sir, we do not want to
impose any hardship on your COM
pany.
Donnellan-Yes, but you propose to
inf1ict a penalty for a failure to supply
the required number of volts regardless
of what the cause might be. Suppose
the elements should prevent us from
furnishing the power as provided in
the contract. The result would be the
company would not only sustain a loss
from such misfortune, but would
also be obliged to pay penalty to the
city for twice the amount of the actual
loss to the city. We are willing to
stand any loss to the city, but any
thing more we consider unjust.
After some further debate this sec
ton was passed to De considered later.
The next clause caused a lively war
of words between Colonel Donnellan
and Councilman Mulvey It was the
provision which provided that after the
poles had been set as required in the
contract any changes should be borne
jointly by the city and company.
Colonel Donnellan moved that this
clause be stricken out or changed so
that if the city should want to make a.
change in the location of the poles the
expense should be on the city and vice
versa.
Mulvey suggested that the company
was present to ask for everything; that
the council had something to say in the
matter.
Colonel Donnellan-Yes, but it takes
two to make a contract. Our bid was
on the basis of the old contract and
these provisions have been injected that
were not in the old contract.
Mulvey-We are willing to meet you
half way, but don't propose to be die
tated to.
and citizens, Mr.. Mulvey, and this one
sided proposition is uncalled for.
Mulvey-You are taxpayers no doubt,
and here as such. l am here represent
ing the people, and as far as that is
concerned l am a taxpayer; and though
l may not be as large as some of them,
1 don't propose to take any of your in
situations.
After a few further remarks in a SIM
liar strain the threatened outbreak was
quoted and the section was changed
SO as to provide that any change of the
poles, when set according to the survey
of the city engineer, should be at the
expense of the city.
The section requiring the city to- put
registering or measuring apparatus in
the joint building, the company asked
to have stricken out. 1t was the inten-
ton of the company to have this ma
chinery put in at their station near
the Knutsford hotel. To require the
company to connect with the joint
building would be a. great expense and
would be of no special benefit to the
people as the instruments in the dis
tributing station would do as well. The
matter was adjusted by conceding the
demand of the company and City At
torney Mckay was instructed to draft
a substitute section to be inserted pro-
viding for the change Indicated
The next clause was regarding the in
tensity of the light and the penalty
question again sprung up. 1t was set
tied quickly by changing the provision
50 that in case the company failed to
furnish the amount of power to each
light the city shall deduct the amount
lost from the price. For example, the
contract provides for 1000 candle power
lamps In case only 1.500, candle power
was furnished the company would only
get paid for that amount.
There was very little opposition on
the part of the committee to strike out
the section requiring the company to
keep men on hand to go out and cut
wires in case of fire when called upon
to do so by the chief of the fire depart
ment. Both Mulvey and Callister had
consulted with the chief and found that