The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-10-09
GRANT HANGS FIRE
Committees Accomplished Moth
ing in Matter Last Night.
WANT LEGAL OPINION
CITY ATTORNEY SAYS COUNCIL
HAS RIGHT TO VACATE.

The city council committees associ-
ated with the city attorney to consider
the Pioneer park depot grant met last
evening to discuss the proposition.
They accomplished nothing. adjourning
after hali-hour's talk to meet one
week from Friday night and hear an
opinion from City Attorney Stephens.
one point was practically settled in
favor OF the grant. The city attorney
gave IT as his opinion that the council
Tor an adequate reason could properly
Vacatc the ordinance setting the
grounds aside as public park on the
question of the right to donate the
ground Mr.. stephens asked time to pre-
pare a written opinion, as he consid-
cred 1t a very grave matter
Canning Didn't Want Reporters.
Chairman j. J. Thomas of the COM
mlttee on municipal laws called the
meeting TO order. and inasmuch as it
mao been called as an executive seS-
SION asked the views of the counciImen
az to whether or not the reporters
shouic remain in the room. Canning
opposed 1t, but Robertson said he had
understood that the word executive
was not incorporated in the motion
week ago with the intention OF ex-
Guiding representatives of the press.
Iuddenham and COttrel took the
same view and everybody voted to let
the reporters stay except Canning.
councilman FernStrOm started the
ball rolling with a request for an Opin-
ion on the legal aspect of the case City
Attorney Stephens replied that he
would not like to give an Off-hand
opinion and had not been requested to
furnish one III writing.
City Attorneys Views.
LAS far as the vacating of the ground
as public park is concerned, he said,
the city is empowered under the stat
uteS TO do so If an adequate reason eX-
lists, but as to the legality OF donating
the ground after it has become public
property, that is grave question not
passed upon in our reports, and it
would require a careful scrutiny OF the
law to determine it. There was such
case in Indiana. where the courts de-
cided that the grant was valid. but I
was not satisfied with the reasoning
and want to search further
n great many questions were asked
the city attorney. Hewlett wanted
to know if the people had the power to
vote on the grant after the park be-
came public property. The reply was
that only the council has the right to
give away the ground.
COttrel here moved an adjournment
until such time as the city attorney
could prepare an opinion on what he
considered the principal question.
Robertson Wanted to Proceed.
Robertson offered an amendment that
the committee proceed to consider the
vacating of the dedication of the
square, but this met with opposition,
FernstrOm taking the view that it was
unnecessary to repeal an ordinance
that might have to be passed again in
case it was found that the council
could not make the grant Robertson
cOntended that it was just as unneces-
sary to put the city attorney to the
trouble of preparing an opinion on one
question and to cause further delay
unless it was the sense OF the gather
ing that they should Vacate the former
action. If they decided not to do that,
that would settle the matter perma-
nently.
This brought Cottrell to his feet with
the exclamation that the city attorney
was paid for his services and he did
not see why members OF the committee
were afraid to put him to trouble.
Robertson answered that it would save
time.
Canning Called Down.
Then Canning arose and made a talk
against the grant, saying he didn't see
why these people should come in here
and want to divest the city of all its
the council falling over itself TO give
the ground to them.
There is no call for such a, charge
as that" said Chairman Thomas, with
some spirit; there is no sense in such
talk as that"
The motion to adjourn until Friday
of next week was then put and carried
without a dissenting voice.