The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
COURT STOPS
PUBLIC WORK
injunction on City's Part in Utah
Lake Pumping Scheme.
COUNCIL ON THE DEFENSIVE
VETO BY MAYOR ON PUMPING
DENIED CONSIDERATION.
COUNCIL ON The DEFENSIVE
IT He legality of the contract entered


TT HE legality of the contract entered
into between salt Lake City coun-
ell and the South Jordan, East
Jordan and the Utah & Salt Lake Canal
companies, which contemplates the
erection of a $4,000 pumping plant on
the outlet of Utah lake, is now to be
passed upon by the courts. Mayor
Thompson, it will be remembered. We
toed the proposition upon the advice of
the city attorney, who held that the
city could not legally enter Mto such
a contract with private corporations.
but the council made the contract in
spite of the mayors objections
The matter has reached the courts
through an injunction suit, which was
filed yesterday by N. H. Walker, ". A.
Nelden and II. J. Hayward against
Mayor Thompson and the city coun-
ell. The legality of the councils action
in the matter is attacked on two
grounds. First, it is contenIed that
the council has disregarded the ordi-
nances Of the city and the laws of the
state. by falling to have the board of
public works advertise for bids for
the construction of the proposed pump
ing plant, and award the contract. sub
Ject to the approval Of the council, and
superintend the work This allegation
is based upon the charge that the coun-
ell IS about to proceed with the con-
struction of the plant without the as
sistance of the board.
The second ground urged is that the
contract in effect. constitutes a part
nership between the city and the canal
companies, and is a loan of the credit
of the city to a private enterprise or
undertaking, and that the action is IL
legal and void, being prohibited by the
constitution and laws of the state.
Judge Stewart has granted a tenn
porary restraining order, and directed
the defendants to show cause on June
20 why the injunction should not be
made perpetual. D. 3. Hempstead is
the attorney for the petitioners.
Council Advised of Injunction.
Assistant City Attorney shoup ad
dressed a communication last evening
10 the council, calling attention to the
institution of the injunction suit. and
submitted that by reason Of the fact
that City Attorney Nye is on record as
advising that the injunction could be
maui E'NA AAAclAltlil III ltAA a utAAtdEY IN
going into court to defend the councils
action and opposing the continuance of
the restraining order The city attor-
ney through his deputy, requested that
special counsel be engaged to defend
the councils action in agreeing with
the canal companies, over the mayors
objections. to carry out the Utah lake
pumping project.
The matter of engaging special coun-
sci was referred to the committee on
finance and municipal laws. A motion
prevailed directing the city attorney to
enter appearance for the mayor and
the council in the Injunction proceed
inSs.
communication from the mayor an
nounced his disapproval of Fernstrom's
motion, adopted at last weeks council
meeting, to direct the board of public
works TO represent the city in the Utah
lake pumping scheme in connection
with the canal companies. No reason
was assigned for vetoing the councils
action.
FernsVom raised point of order
against the veto. claiming that the
mayor had no right to interpose an
objection. because the motion of direc-
ton involved no expenditure of money.
He urged that the veto be not consid-
cred. As matter Of fact. the absence
of Councilman +. H, Davis made the
opposing side one vote short of over
riding the veto. and only by these tao
tics could the mayors objection be set
aside.
Robertson, who was in the chair in
the temporary absence of President
Cottrell. ruled the point Of order not
we'll taken. but FernstrOm took an ap-
peal from the decision. Seven of the
cOuncilmen voted to override the acting
president. and Daveler. Thomas and
Vigus voted to sustain his decision.
The veto message was then merely
filed.