The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-14
WAS A SHOCK
TO WHEELMEN
M Chance Now Of Securing BIZ
cycle Paths.
THAT REPUBLICAN, PLEDGE
EVIDENT NOW THAT GOLD
BRICK WAS HANDED OUT.

~,uosE Of the Wheelmeu's Protec-
tive association who have in
J. 5ur-ed in the delusion that Mayor
r.orrs5n.s administration would
AXE # possible for the construction Of
-strs I'm the unpaved streets for the
,,crrsfva use Of bicycle riders, were
-s.rfgrlv shocked on Thursday on read
inc the announcement in The Herald
that the accepted method of raising a
s--5 Tor the construction Of the paths
lad been declared Illegal Out Of the inn
r-er7tiOus hurled upon the city admin
isfrsuon came the chilling condolences
nj Inc more conservative wheelmen
that The pledge made on the eve of last
election by the Republican candidates
20 the bike riders was as base metal
gi.ded
new SnOuD that the proposed ordinance
20 collect n license tax Of 81 a year
nm wheels for the bicycle fund wolId
Dc knocked out in The courts. came
with crushing force upon the MANY
who have believed all along that the
dsrusiye campaign pledge was to be
LAWYERS had before now, expressed
themselves as believing that the IL
eeusp tax proposition would be illegal
IN effect the adverse opinion from the
administration own legal advising de-
rartment carried the conviction that
the bike path measure had really come
90 nduEht.
Wheelmen Were Warned.
Tn sharp contrast with the spurious
claims put forth by Colonel Mazouma
LiuDman who. above all others. was
-csp0usible for inducing the wheelmen
10 believe last campaign that there
could be no doubt of the authority TO
collect "a license tax on wheels for the
building of the paths, was the sincere
declaration OF Judge Powers on his
professional reputation that the Re
publican pledge could have no effect.
even II the attempt were made to car
rv 10 out. Former City Attorney
stephens also went on record as adj
wishing that bicycles cannot be taxed by
city ordinance until the city charter is
appended by the legislature.
The basis or all opinions holding that
20 would be illegal to collect a yearly
license tax on wheels. even though the
majority of bicyclists consented. is
that without express authority con-
ferred upon the city council in the
charter. no ordinance can be legally
enacted. The city charter is silent upon
this question, but there are ample court
decisions to support the opinion that
in such cases the council is powerless
% act. i'm other words. the charter Of
the city is restrictive in IT'S operation.
No Chance For Paths.
The fact that the municipality is i'm
financial distress. so much so that A
sim increase i'm the general tax levy
this year is imperative. precludes the
possibility OF securing an appropriation
from the treasury direct to commence
the construction OF bike paths. This
condition Of financial distress is. GER
tain 90 remain for several years, so the
only remedy 0peH 10 Fheelnlen is TO in
duco the legislature to amend the mu-
n.cipal charter so that an ordinance
can be legally passed and enforced to
license wheels for path building pur-
poses
It is known that under the surface
some Of the administration officials are
happy iD the thought that the law. as
% has been interpreted by the courts,
Ti.l prevent the fuldlIment Of the anti
election pledge 20 the wheeimen.