The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-06-07
ATTACK Is MADE
ON WATER BONDS
Hostile Suit Is Filed Ahead Of Friend
ly Test.
REALTY ASSOCIATION ACTS
ATTORNEYS DEFY AND RICHARDS
PREPARING a COMPLAINT.
THE validity Of the election at which


the voters of Salt Lake Endorsed
the city administration water and
sewer extension project is to be tested
in the district court as we'll as in the
supreme court. The test is to be made
by the enemies of the administration
as well as by its friends.
a summons was made out yesterday
and given to a deputy of Sheriff G..
Frank Emery to serve in the case of J.
w Houston, plaintiff. against salt Lake
City, Richard ?. Norris mayor. and J.
s CTitchIow. city recorder, a case i'm
which allegations are made that # sus-
tanned by the courts may invalidate the
bonds.
The complaint viii be filed in the Of
fee of the clerk of the district court
within the next two or three DAYS. tt
viii contain several specifications of
misconduct and wrOngdOiDg on the part
of the city i'm connection with the au-
tnOTization Of the bonds.
1T will he alleged first. that 2 number
CT people. aggregating over $50. who
were not qualified citizens ana electors
of Salt Lake City. voted at the special
election at which the bonds were au-
thOrized. They were not qualified TO
vote because they had not paid munich
PAL taxes Tor the year ISU4-
ConstitUtionaIity is Involved.
The second contention will be that
the constitution of Utah and the stat
utes of the state provide that per cent
water bonds may be issued by a city
where the city owns the water plant
that it is intended to enlarge It viii
/ be claimed in the complaint that the
city administration scheme for supply
I 4 not
contemplate that the city shall own any
| of the water. consequently the city pro-
| poses to lease instead of buy water.
| Under the proposed arrangement the
| city would get water as long as it pays
| the farmers the amount of water re-
| ceived plus % per cent in exchange. It
| is asserted that the city should not only
/ own the pipes and water mains pump
| ing plant and other paTapheTnalia. but
| should own the right to use the water
Deal With Corporation Figures.
1t will be further averred that the city
| council appointed a committee to make
| a statement to the voters of Salt Lake
] City concerning the proposed water
! system extension plan. which purpOrted
| to embOdy all the requirements neces-
! saTy to carry it into effect and to con
| tain statement of all the rights neces-
| Sary to the perfection of the scheme.
/ The scheme will be put forth that for
| the purpose of misleading the voters
| the committee suppressed the fact that
| the Utah light & Railway company
! had rights at the source of the Big Cot
| tOnWOOd creek supply Of water and
/ that while this fact was being sup
/ pressed members Of the council were
/ negotiating with the Utah Light &
] Railway company with a view TO hav-
! ing the city trade to the Utah Light &
| Railway company an extension Of its
/ franchises for its land and water right
| along Big Cottonwood creek.
The complaint viii be signed by Allan
T. Sanford as attorney for J. W. HOus-
/ ton. who Is acting for the Salt Lake
/ Real Estate association he being chair
| man of the associations franchise and
water committee
Prepare for Friendly Suit.
City Attorney c. c. Dey and Attorney
! F 5. Richards held a preliminary con-
suitation yesterday in regard 10 the
friendly suit that IL is proposed TO file
in the supreme court TO test the validity
of the action of the voters and of the
! city council in authorizing the issuing
! of S1,OO0.G00 water and sewer bonds,
! which were sold to the Mutual Life In
! suranCe company. and which il refuses
| to accept without a decision from the
/ stitutiOnality-
It viii not take Attorneys Dey and
/ Richards long to prepare the papers
! necessary to be filed in the suit and
/ they viii probably do so today or to-
morrow. The trouble will be I'm getting
the justices Of the supreme court To
! take the case up promptly and as
! promptly render a decision. As TO what
/ the decision viii be neither Judge Dew
/ nor Attorney Richards entertains a
doubt But there is a doubt as to when
the supreme court can be induced ia
| examine the papers and hear the argu-
ments Of counsel in the case. The court
IS now taking a recess until July 3. and
! 1t may interfere with previous engage
ments for the justices to sit i'm the case
I before that date However. that viii
be asceTtained today. and if il is posi-
bic for the justices to set a time for
the hearing in the near future II will
be done.