The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-09-28


maintain an electric pole line in the
streets of Salt Lake City, should not
be forfeited because of alleged failure
on the part of the company to comply
! with certain of the terms and condi-
lions imposed, the power company, by
! its president, Francis Armstrong, last
evening entered a general and specific
denial of the charge. The subject was
referred to the committee OF the whole
to investigate, and the proofs in sup
port of both sides of the contention will
, be taken tomorrow evening.
! TERMS OF THE FRANCHISE.
The condition imposed upon the COM
pany in the franchise and which Coun-
Gilman Callister claims has not been
| complied with, thus working the Tor
fixture, is that the Utah Power COM
| pany was required, after four months
notice from the municipality of its in
! tention to light the streets, in accord
ance with a plan then proposed, to
provide poles and cross arms for car
! rying wires to serve 400 arc lights, and
also to furnish 300-horse power cleo
trical energy to the city at the rate of
| SIS a year per horse power. This con-
tract was, according to the terms of
the franchise, optional for renewal.
PLEA OF THE DEFENSE.
The answer submitted by President
| Armstrong is a VoluminouS document
and much of it is argumentative. To
| the contention that the Utah Power
company failed to abide by its part of
the agreement, the company replies
that on April 5, 1897, it received notice
! from the city to erect the poles and
cross arms, and it proceeded to do so,
! but almost Immediately after the may
or, the city attorney" and members of
| the council informed the power COM
pany that the city's poor financial con-
dition would not permit the lighting of
the streets as had been planned. Then,
the answer states, the municipality pro-
ceeded to solicit bids for street light
| ing and on June o. 1897, entered into
contract with the Pioneer Electric
Power company for street illumination.
which contract is now in force. 1t is
set up that this action on the part of
the city council in contracting with the
! Pioneer company released the Utah
| company from its obligations to the
| city under that clause in the franchise.
| In closing the defendant company in
its answer asserts that the city is not
/ in position to successfully claim that
| the company failed to comply with the
condition named; that the company
! has always abided by the terms i'm
posed in the franchise, and moreover
| has no intention of violating any of
the terms of its grant from the mu-
nicipality.
DISCUSSION BY COUNCILMEN.
Councilman Callisted was the first to
be recognized. He said: Il move to
refer this matter to the committees on
municipal laws, streets and improve
! ments, they to investigate and take evil
dence. / will get evidence for the city
| to diSprove the Utah Power company'S
| ,IIo 7 lot, IL,
never intended to live UP to its fran
! chise, and as far as L am concerned,
! the/company will not be permitted to
| further exercise its franchise without
compromising the CITY,"
Councilman Allen wanted to ask
! President Armstrong, who was in the
council chamber, if the company is now
willing to erect the street lighting poles
and cross arms in return for the privi-
lege of extending its pole line through
| the business and fire limits to supply
/ patrons of commercial light.
Callister ruled the question out as be-
| ing immaterial and something the COM
mittee on reference should consider
SiddoWay thought CalliSter'S motion
to refer inconsistent, since it tended to
vitiate the latter's resolution, which
j called forth the citation and the COM
pany'S answer.
Callister replied that the company
had shown cause why the trdoln.Se
should not be revoked, but the allega-
| lions put in answer by President Arm
strong were yet subject to proof
PATRICK REFERS TO A RECENT
NATTER.
Patrick recited the fact of how the
| company had recently sought the priv
| lege of extending its pole line into the
/ business district and the revival of the
street lighting poles and cross arm
| clause in the new contract drawn by
! City Attorney Hall at the councils di-
rection. but on being submitted to the
company for signing a modified form of
contract had been substituted, the eff
feet being to again release the COM
pany from the obligation imposed.
AS matter of courtesy to President
Armstrong, Vice President a. w. Nc
| Cune and Attorney Waldemar Van
| Colt, who were present, Councilman
Robertson thought the council should
hear them if they wished to speak on
! the question.
Callister replied: The gentlemen rep
resenting the Utah Power company
may have their witnesses with them
tonight. but l have not mine for the
city. Let the matter go over till Thurs
day evening; I will have our witnesses
here then. The question is whether or
not has the company violated and for
feited its franchise as indicated. Coun-
Gilman Patrick's recital of facts is an
other matter entirely"
Councilman Howe moved as an
amendment to refer the entire fran
chise revocation matter to the commit
tee of the whole for tomorrow evening.
! The amendment was accepted by Coun-
Gilman Callister and adopted without
dissent.
ARRANGING FOR THE CIRCUS.
Lemen Bros petition for a license for
| their circus exhibition Oct Z and s,
show grounds, was referred to the COM
mittees on license, public grounds and
! waterworks.
After the meeting had adjourned the
committees assembled to consider the
matter Several motions and amend
ments We're discussed and voted on,
and after order was brought out of
/ chaos it was agreed that the circus
| should pay $50 day for the use of the
square, SIS a day for show license and
! S25 for use of city water. making $275
| in ALL The circus agent wanted to
know how to arrange the distribution
of complimentary tickets and the num-
Der desired. Twenty for each council
man was suggested by some one, but
it was quickly determined to let the
matter be adjusted by the agents con
science"
CIRCUS LICENSE RATES.
President Barnes introduced a bill
for an ordinance amending the sched-
ule of licenses applicable to circuses
and tent shows. The new schedule is
! has on the number of cars in transit