The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-04
COMPARISON OF PROVISIONS IN TWO ORDINANCES
FRANCHISE DEMANDED
BY THE MONOPOLY

The first point of difference in the
two franchises to which Judge lie
Grand Young, attorney IOr the Utah
Light * Railway company. called at
tention was the statement near the
close of section Of the committees or
dinance in which il was stated that the
consolidation of all the company's eX-
listing franchises should constitute a
--novatiOn." meaning that the cOnsOh-
dated franchise IL was proposed To i
grant should be a substitute for all
franchises previously acquired by the j
company. Judge Young said nova
ton was not in his ordinance. and he
did not want 81 in the franchise. thus
showing that he was endeavOriuE to Il
save all rights the company has or
thinks il has under lis old franchises
This to the laymaD unlearEe1 t1.-f-a4
law may seem an uuImportanJ matter.
but City Attorney Dey and Assistant
City Attorney Rramel insist that it isl
vital 1t was Insisted by Judge YOungf
that the ordinance should contain r
provision approving the grants of Vari-
Gus franchises to its predecessors, andi
that the approval provision should takel
the place of the "nOVaCiOn' provision
The COmpany's ordinance purpOrts
not to be a nOvatiou. but an extension
of its rights under it's old franchises
and leaves the question as to Whetheri
the old franchises viii live after thaH
ChiSe for fifty years. or they have been
rendered null and void, IN doubt Ii
also leaves in doubt whether all thel
penalties. fines and remedies the cityI
might have right to impose and makeI
use of TO punish for violation of anyI
Of the provisions of the consolidated
franchise. have wiped out. The COM
pany asks for many rights without as
Stunning the attendant liabilities
Judge Young. for the company in
nsrr
ing all existing demands and Habili-|
ties he stricken out His chief Objec-
ton was the word liabilities"
Demands Right to Extend.
The company's ordinance does notl
contain the provision that the company
shall obtain the consent of the council
and Of the owners of a majority Of the
frontage before laying tracks in Al
street. Judge Young insisted that this
provision should not go into the fran
chise- As compromise the COMMITTEES
agreed 10 enumeraLe in section , Ger
tain streets in which the company is tOI
be allowed 10 lay tracks without the
consent of the council or OF property
owners.
Objection was made to that part oil
section 4 which requires the company
to submit a map of the place Of laying
and plan of construction Of double
tracks. etc The committee agreed TO
limit the req ll1LEllleLL 10 streets less
than eight rods wide.
The cOmpany's ordinance also elm
mates the provision in section 3 that
transfers shall be given TO all points
not nearer than one block to the lire or
which the passenger is riding. Instead
the cOmpany's ordinance contains a.
section providing that transfers shall
be given TO passengers for a continuous
ride from one part of the city to anOth-
err The committee deferred action. on
this matter.
Opposes Cheap Fares.
The provision in the committees ordi-
nance requiring the company to sell
books containing eight tickets for =
cents. was left out Of the Utah )Light
& Railway cOmpany's ordinance, and
Judge Young interposed strenuous OBJ
lection 10 having il go into the hran-
chiSe- The committee agreed 10 mOdi-
fy this provision by requiring the coin
pany 10 sell books containing fifty fates
to school children at cents per fare.
and TO sell AGENT fares to families III
books or fifty
The provision in section of the COM
mittee's ordinance requiring The COM
pany 10 allow inspectors in the different
I city departments to ride free was left
out OF the company's ordinance. and
the committee consented that il be LEFT
out of its ordinance
Objection was made by the company
{ TO section of the committees ordl-
/ nance. because il makes the COMPANY
subject TO legislation that may be here
after enacted. The cOmpany's ordinance
! does not contain this provision. which
| is regarded by the city attorney and his
assistant as essential TO guard properly
/ the city's interests The committee
! passed the matter up until today
Objection was also made 70 the Sec
| ton giving the city power to regulate
! the hauling of freight, gravel, etc, over
/ the cOmDany's tracks.
Objects to Other Provisions
Here are more of the provisions COM
! tanned in the committees ordinance
I that are omitted from the company
/ ordinance
| fcnntinnnr ~ = o.