The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-21

ana, at the fisk OF proceedings IOT Gull
tempt of court. was sustained. The
veto Dertained to the back salaries FOR
six months of the policemen Illegally
removed and reinstated lately in ac-
cordance with the supreme courts de-
cree. Seven councilmen, Allen, Fern
strom, Howe, Margetts, Robertson,
Weller and Barnes, wanted action de-
ferred q week, in order to afford oppor-
tunity to consider the soundnesS OF his
honor's reasons for Directing, on the
ground of offsets, to the payment Of the
full salaries but the motion TO postpone
was lost by a tie vote. Last evening
was the first time the conservative
seven had heard the mayors objections
stated. His honor had forbidden the
publication of the text Of his messa-e
IN the daily papers before the council
sleeting. Judging from the language
used in the veto, it is not to be Won
dered at that its publication was OBJ
jeeted 10. But it is due TO the e;fV
executive to say that he did not COM
pose the message. Mayor clark uses
choicer diction when he himself writes
official communications.
The mayors veto message is as fol-
flows:
Z i herewith return you with my dis
approval item 2l41 of the appropriation
list, made by the council Dec. Is. ls9S.
in favor of w. {. Hall, city attorney.
for $4, 092. so, because the amount IN
volved in the litigation in favor CT
Thomas J. Everil for salary as pciice-
man, and as assignee of the salaries of
Policemen Raleigh, Shannon. Rhodes.
Wire, Carey, Busby and Heath was Tor
only S1,429.S6. and, again. the amount
allowed in the appropriation aforesaid
embraces interest at the rate of per
q
advisable that the question involved in
the Everill case should again he
brought to the attention of the supreme
court in so far as the balance Oh LIE
81. 092. so is concerned. And again, there
is no evidence that Raleigh, Shannon,
Rhodes, Wire, Carey, Busby or Heath
have assigned to EVeril the balance OF
their salaries not included in the afore-
said sun: of "a, 092.50. And again, in the
Everill suit, the city should be afforded
an opportunity to test the question as
to whether the salaries would bear in
terest, and whether or not the city
would be entitled to offset or counter
claim against he $l,42996 for any sum
of money earned by the said EVerill or
his said assignees during the time that
they were not actually in the discharge
of their duties as such policemen. rms
latter question could be raised in the
present case before Judge Cherry. Re
specially submitted,
JOHN CLARK, Mayor
As soon as the mayors message had
been read, Allen asked for week s
time to investigate the merits OF the
question raised in objection by the
mayor, since TIE claim of offsets was
new matter and had never before been
passed upon by the courts of this state.
Howe and Weller endorsed Aliens
plea for a postponement
III
A8eys differed on the right of the city
t. set up counter claim to the police
mems salaries and that the weight Of
legal authorities was probably against
the mayor's claim, he wanted TO take a
chance of holding by sustaining the
veto. The matter would again get into
the courts and the sooner the better, he
believed.
Buckle was against the veto because
he believed it was only a public at
tempt to evasion Of the supreme court S
decision bat komney assured his col
leagues that the mayor had acted on
the advice of City Attorney Han and
his assistant, Mr.. Stewart.
To delay action on the veto or TO sus-
tain it meant, in RObertson's opinion,
that the city auditor and probably the
entire council would be cited for con-
tempt of court for not paying at least
81 1886 Of the salary claims. which
amount is in judgment, too late to APP
peal from. 4 little later, however, he
secured the adoption of resolution ap-
propriating this partial sum to save Sc
rious trouble
Fernsrrom declared that the mayors
objections to the unanimous oppropria-
ton last week of the S4,092.50 for sala-
ries justly due to the policemen during
the period of Illegal suspension, had not
in the least changed his views. To suS-
T.cysz-
cation, and he pleaded that the spirit
and intent of the supreme courts deci-
sion be followed. He charged that the
mayors actions were unjust and I'M
warranted in law or conscience, because
if the contention of the executive was
in good faith. the same claim of offset
would have been raised when Chief
Pratt recovered his back salary, pro-
vided. of course. that the chief hao
earned anything during the period OF
fBis Illegal suspension.
4 on the question shall the appropria-
ton stand. notwithstanding the objec-
tions of the mayor thereto, the vote
was TO s, as follows: Ayes-Buczle
Fernstrom. Howe, Margetts, Robertson
and Weller; nces-Allen, Callister
Diehl, Morris, Romncy, Siddoway, Wal
lace and Barnes. Patrick was absent
Toward the end of the session. The
following resolution, offered by Robert
son. was adopted by a vote OF 10 to 1
Morris being the only negative vote:
Resolved, That the city auditor b.
and ne is hereby directed to draw {
warrant for the amount OF judgment
rendered against the city by the SUI
preme court in the case of II. J. Everil
and other policemen. viz: 81, 1896, witt
interest and costs, the same to be aD
piled in satisfaction of said 5udgmen
for salaries sued for"
WATER RIGHTS IN JEOPARDY.
City Engineer Kelsey submitted tht
following:
I respectfully call your attention t
the necessity OF taking immediate step!
to protect the city's interests at tbs
Jordan narrows. The Salt Lake Cit!
Water & Electric Power company
am informed, viii start UP its machin
cry in a few days, using the watel
flowing in the Jordan river from Utal
lake, for generating power. The cit!
owns one-sixIh Of the water from Utal
lake. and if the proposed exchange i!
effected. whereby the city trades thii
water for part of the water in Ri.
Cottonwood creek. it is important tina
she city maintain its right TO diver
the water at the lake level, so as Il
cover as much of the Big Cottonwood
d district as possible. If the power com
Y pany is permitted to use the water, i
VIII Dc discharged over fifty feet below
the lake level.
Il. therefore, recommend that tn
city's portion Of the lake water b.
turned into the city canal; that 1t b
measured to ascertain If the city i
getting its share, and that the powe
company be enjoined from using tn
oitvsc va roy. N. in any WAY iuterferiDi