The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-28


as a charitable act to Desk Sergeant
David S. Emery, who. from sickness.
is incapacitated for duty. BY vote
of s to 5 the council recommended to
the MAYOR the appointment of S. Z.
Emery to act as substitute for The
sick sergeant, who has gone to the
coast. until he is well enough TO report
for duty Chief of Police Pratt refused
to allow Sergeant Emery TO suggest his
substitute, who viii divide salary VITA
the sick man, and, moreover, paid ms
November salary TO a member OF his
(the chiefS) own family. Sergeant
Emery Then appealed To the city coun-
Gil. There was no division OF SenJi-
Inent in the council on the question OF
allowing the sick sergeant his pay Tor
last month, but on the point as TO
whether the council should lend its AID
in debating the appointment of the
temporary or substitute officer. there
We're two sets Of opinions.
The committee on police. to whom
Sergeant Emery'S grievance was re-
ferred, presented two reports. Coun-
cilmen Howe, Allen and Fernstrom rec
commended payment of his salary $50
for November, and that his request Tor
the appointment of his brother as his
substitute be referred to the mayor,
with the councils recommendation TO
make such appointment OF 5. Z. Emery
on his giving bond in the sum Of $3.50
as bail commissioner. if his honor
could, in justice. see his way clear 10
do so. The minority report, signed by
Councilnen Robertson and Buckle. con-
CURED in all except as to the direction
OF the appointment The minority IA
Vored referring that part to the mayor
without recommendation from the
council
The debate was opened by Council
man Buckle who commended that
majority recommendation was an at
tempt at infringement upon the may
or's prerogatiVes yet at another stage
OF the discussion he announced his be-
lief in the consistency of the Sugges-
ton. However, from experiences of
the past, he was inclined to think such
recommendation from the council
would have no weight with the mayor.
In Buckles opinion, the city admins
tration would have been more salts
factory and more harmonious in all
departments had such a plan been fol-
lowed by his honor and the council
from the outset.
Howe championed the recommends
ton Of the majority of the committed
He cited the fact that Chief pratt's
brother and son had acted as substi-
tutes for Sergeant Emery, and neither
had given bond. Quoting from City
Attorney Halls opinion. Howe de-
claled that the only legal and proper
way OF naming a substitute is by IOl-
lowing the suggestion in the report he
championed. There is no vacancy. In
fact, and Sergeant Emery could be re-
moved only Cor cause.
+ or economy, Justice and charity's
sake, Fernsuom pleaded for the adop-
ton of the minority report.
10 RoDertSon'S notion. the idea of
. permitting Sergeant Emery to dictate
VINO should substitute for him is alb
Surd, no matter If his brother is will
ing TO serve and divide salary with the
sick man, who, on his PHYSICIANS ad-
wee, IS seeking temporary change of
climate in California.
C&Iister took issue with Robertson's
declaration that Sergeant Emery was
not legally appointed. Sergeant S. II
smith having been removed without
cause, but before joining the deposed
poncemen IN petition for writ OF
mandate for reinstatement, had been
re-appOinted to succeed Desk Ser
geant J. d. Adams, who resigned.
Callister also announced his belief that
there IS nothing improper in the act
OF recommendation to Mayor Clark.
1t was, he admitted, only a polite re-
quest and not an invasion llpon his
honors prerOSatiVes. If the council did
not make an arrangement in the line
suggested for a substitute for a sick
officer or city employee, the municipal
1ty would, IN consequence, have to paw
two full salaries for the one position.
vote was then taken, resulting in
the adoption of the majority recon-
mendation by the following vote: Ayes.
Allen, Callister, FernstrOm, Howe.
MargeJts, Morris, Weller and Barnes.
eight; noes, Buckle, Diehl. Patrick.
Robertson and Romney, five: absent
Siddoway and Wallace. The minority
report was defeated by the same vote
in reversed order
TELEPHONE LICENSE TAX.
The proposed ordinance levying a
license tax on all telephone instruments
in use in the city was taken I'D for
consideration and amendment. After
a long series Of amendments We're
voted up and down, order was evolved
from chaos and the ordinance passed
by vote of eight to five. BY the
terms Of TIE ordinance the tax viii be
at the quarter yearly rate of 1919 cents
per Instrument for all telephones. rent
ing for under $50 per annum and %
cents quarterly on all telephones rent
ing for $50 or over per annum There.
are about 1000 instruments now in use
in the city, and the revenue thereform
Will be worth having. Under the
ordinance the telephone company must
pay the tax and is prohibited from
raising rental rates of subscribers, in
Councilman Howe pleaded for a flat
rate Of $500 yearly, but only Patrick
and Robertson stood with him He
also wanted the license tax to be levied
on telegraph lines but Callister pointed
out that this idea was apparently in
spired by the telephone company,
whose president, George Y. Wallace. in
a communication to the council indi-
Gated acquiescence in the fat rate tax,
knowing from court decisions that it
is not collectible. That. he said. was
a local tax on interstate lines. but
under the proposed ordinance the tax
cannot be successfully resisted.
The joint committee on municipal
laws and license, which had the bill
under advisement, could not agree on
the proposed license rate, four con-
tending for a dollar per year rate and
four holding out for a 50-cent tax
Fearing that sentiment would be hope
lessly divided in the council, Callister
proposed as a compromise, the figures
that were finally adopted. It however,
was defeated, only six votes being an
nOunced for it. But later Fernstrom
renewed the proposition. Howe and
Weller this time came over to the
majority and the compromise rate was
adopted by a safe majority of eight
votes.
At one stage Of the proceedings the
ordinance was put on its passage and
received only seven Votes-one less
than the required majority A recon-
sideration was had, and, with the COM
promise figures again proposed, the or
dinance was safely passed. Howe's
vote did it.