The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-03
Majority of the Members Favored
the Proposition, But Feared In
junction Proceedings Palace
Injured BY Political Injunction
Suit Brought By Its Promoters.

Spirits in the Salt Palace enterprise and
supplicantS of the city's favor, were in
strumental in suing out the writ of in
junction last Saturday to restrain the
council from making improvements to
the Waterworks system in the manner
that it deemed best.
But the councils denial of lease to
the Salt Palace association for a por-
ton of Liberty Park win not by any
means defeat the project. Instead OF
wasting time waiting for the grant of
a site from the city, the promoters of
the Salt Palace will now accept the
generous offer of Walker Bros. for a
twenty-acre tract bounded by Ninth
South and Main and West Temple
streets, and proceed at once to the cree
ton of the exposition palace and
amusement center on the private
grounds.
Attorneys Adverse Opinion.
The matter came to the councils at
tention last evening by City Attorney
Hall reporting the following opinion as
to the city's authority to lease a por-
ton of Liberty Park for the Salt Palace
site:
My opinion is, that as the city coun-
Gil has dedicated Liberty park to pub
lie purposes as park, the council could
not lease any portion of the same. How
ever. in some instances, like the
Worlds fair at Chicago, city councils
have given permission in the way of
lease for limited time to certain parks
that had been dedicated to public uses.
These leases have been to such uses as
We're of such a public character as to
meet the public will, that no one of the
public has seen fit to raise the legality
of the lease"
The reading of the city attorneys
opinion was followed by Councilman
Callister moving that the opinion be
cd nj
Palace association be denied.
Councilman Buckle proposed an
amendment to refer the opinion to the
committee on public grounds, so the
committee could report a recommended
ton for a short-term lease instead of
one for ten years.
Buckle withdrew his amendment to
enable sideways amendment propos-
ing a two-years' lease under proper
stipulations, to be in order
Wallace favored Sideways amend
ment. He expressed the belief that the
Salt Palace would be a great public
benefit, and that the improvements
which the association would make to
the park grounds would Offset any OBJ
jections that could be raised to the 10
cation of the buildings in the park. The
association would agree, he said to
leave on the grounds at the termination
of the lease such buildings as the city
might desire, and while the attorneys
opinion was probably correct, many
things for the public good were done III
ways that are not strictly Legal.
Romney's Warning.
The warning was sounded by Romney
that if the lease We're granted several
citizens would appeal to the courts to
prevent the Salt Palace from using the
grant. In many ways he believed the
location of the palace in the park would
be unwise public policy, but it would
harm no one to erect the buildings on
private grounds.
In Sideways estimation a popular
vote would determine the location of
the Salt Palace in Liberty park The
association would agree to permanent
ly improve that portion where the
buildings would be erected, and this
fact, together with the certainty of the
enterprise being a great attraction to
the city, prompted him to favor at least
a two years lease.
Allen asked the city attorney if the
city granted the lease and an injunction
from the court followed. could the as
ISOLATION hold the municipality liable
for damages resulting thereby.
BY way of reply, Mr.. Hall stated that
the lease, if granted could be drawn to
expressly free the city from damages
resulting from an injunction or other
wise
Fernstrom stood ready to grant the
lease if it could be done legally but he
proposed to follow the law strictly
since some of the gentlemen who much
desired the grant from the city were
the identical ones who had enjoined the
council from proceeding with the
waterworkS improvements. because the
method was alleged to be illegal. He
declared that the park should be in
reality Liberty park for all the people
and he felt assured the poor people
would retaliate on MeSsrs. Nelden.
Walker and Dolly by going into court
for an injunction against the Salt Pal
ace if it were decided to locate the pal
ace in the park.
Buckle took Fernstrom to task for
preaching the doctrine of retaliation
He knew of no one who opposed grant
ing site for the Salt Palace in Lib
erty park
Callister On Hobos.
Opposing Sideways amendment, Cal
lister declared it was not a question of
public benefit or of killing the enter
prise, but of leasing a portion of Lib
erty park. The park is not a fit place
for the Salt Palace, he said, because the
grounds would be damaged beyond re-
demption. 1t was not in his opinion. a
comparison with the Worlds Fair at
Chicago and the other big expositions
in public parks. The palace would not
DGifenI inc CITY III any way, ana II
would, he believed, attract as many
hobos as sightseers and result in taking
work from Salt Lakers, yet he declared
lie would subscribe for Salt Palace
stock.
Robertson charged that the fight was
not so much against the Salt Palace
and Liberty park for its location as an
act of retaliation on Messrs. Nelden
and Walker. No doubt, he added. the
palace viii attract hobos. as every good
thing always does, but he ridiculed the
idea that home workmen would suffer
lack of employment because Of it. In
his belief, the people are progressive !
and will encourage the enterprise but
as to the councils attitude, he was not
so certain. In justification of his posi- !
ton, Robertson suggested that the ap-
preparation of $50 made to the Grand
Army of the Republic for Memorial day
observances is illegal.
..Then start an injunction suit" vol
,Inteered Fernstrom, ''or refer it to Pat |
Iannan; he will do it for you
That the Salt Palace is worthy en-
terprise. Barnes did not doubt. but he !