Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-09-26
RIO GRANDE TO
GET FRANCHISE.
Council Committees Make Several
Important Changes and Agree
On Ii.
FOOT vIADUCT PROVIDED FOR.
This viii be Built on Third South
Street, Thus Leaving That Thor.
oughfare Partly Open,

with two important changes. the
committees on municipal laws and
streets Of the city council last evening
decided TO recommend that the Rio
Grande Western franchise be granted.
The most important change In the
franchise was the insertion of clause
providing that foot vladuct be con-
structed over the Rio Grande tracks
on Third South street so that the street
will not be closed entirely to the pub
lie. The clause was inserted upon the
suggestion Of Atty. Waldemar Van Colt,
who stated that the company Is willing
to concede that much to the residents
In that locality. Councilman Eardley
stated that the residents IN his pre-
cinct would certainly be glad TO hear
OF the change.
ARBITRATION CLAUSE
The other important change in the
franchise was the addition Of clause
In which the COMPANY agrees to submit
to arbitration the question of damages
TO abuttng prom lrty on Fourth West
street between North Temple and Fifth
North streets by .'eason OF the proposed
double tracks practically closing IN
that street. This clause was strongly
opposed by Fernstron and n. II, Davis.
who argued that the council has no
legal right to grant franchise closing
up that street entirely and thereby de-
prive the people of their homes, which
they have spent years In accommodating.
fefnatrom urged that single track
be granted the company and then let
II fight II out with the people for tho
additional track. He said that II Is un-
just to pass the franchise as II is and
compel the people to 20 into court and
bear the expenses OF litigation to enjoin
the railroad company from laying dou-
Bile tracks.
WILL TEST IT'S LEGALITY.
Atty. Van Colt said that the company
intended to test the legality of the
franchise In the courts before II COM
nenced work on the proposed improve.
ments tad that the people would not
have 70 stand that expense. He also
presented n number of petitions from
property owners on that street asking
for the franchise In answer to a oues-
tion from Eardley, he stated that the
company Intends to put fiagmen mt the
Second and Fourth South street cross
ings
The same provisions an to the cost of
depot, time for accepting the franchise
and for commencing work as In the
Short Line franchise were ordered in
serted In the Rio Grande franchise,
after which final vote on recommends
ing the granting OF the franchise was
taken, which resulted favorably by a
vote OF six to two. Black, A. j. Davis,
Eardley, Spence. Sharp and vigus yot :
ed yes, and Fernstrom and Il, II. Davis
voted no.
Fernstrom expressed the opinion
that the minority would win out In this
case and that the majority would see
that he was right, Among the citizens
who We're present at the meeting and
were heard by the committee were
Bishop Solomon q. A. Gibbs and Mr..
Swalum, who strongly protested against
the franchise. After the committee had
adjourned Charles Decker holly con-
demned the committee for it's action
and stated that he and his two brothers
paid more taxes than the whole city
council put together. Atty, Van Colt
offered to bet Decker $500 to 500 that
he didn't. The wager was not accepted
80 the incident closed