The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-06-21
DECLARES BOND
ISSUE LEGAL
Supreme Court of Utah Unanimous in
Deciding Water Case.
MUTUAL CO. TO GO AHEAD
HOUSTON SUIT WILL BE CONSID-
Erred BY REALTY MEN TODAY.

HE justices Of the supreme court
of Utah yesterday, by a uuani-
nous opinion, decided in favor Of
the constitutionality of the $1,000. OOG
water and sewer bonds authorized by
the voters of Salt Lake City al the Spe-
ciai election held Jan > 1905, in the suit
of DR.. George z. ElleTbeck against salt
Lake City, Mayor Richard p Morris
and other city officials.
The opinion of the court affirming the
validity Of the bonds was oral and was
delivered by Chief Justice Bartch, who
said
The matter for decision this morn
ing is the question of the validity of the
city bonds. which was brought before
Us by an original proceeding under
writ of prohibition. The court has eX-
amined the law in relation to it and
also the arguments of counsel, and we
are unanimous in holding that the law,
including the constitutional provision I'm
question. has been substantially COM
piled with and that the bonds are valid.
The opinion of the court VIII be filed
later on
In the court room were Mayor Rich
ard P Morris, City Treasurer Fisher
s Harris. City Recorder J = CTitch-
low City Attorney G.. e. Dey. Attorney
T. :. Richards and Assistant city At
tOTney W. H. BrameI. representing the
city, while DR.. Ellerbeck was repre-
scented by Stephens & Smith, hislattor-
neys-
Opinion to Be Written.
Attorney Richards. for the city. said
the announcement by the court of its
decision and the placing of the same
of record. would ordinarily be sufficient.
But in view of the fact that the Mutual
Life Insurance company Of New York,
the purchaser of the bonds, might insist
upon seeing the decision Of the court
before making payment on the bonds,
he would ask that the opinion be writ
ten out and filed at the earliest possible
convenience of the court, to which Chief
Justice Bartch replied
"The opinion viii be handed down
within few days
Mutual Sends Bonds.
Within thirty minutes of the time the
opinion was rendered a telegram had
been sent 20 the officials Of the Mutual
Life Insurance company informing
them that the supreme court had up
held the validity of the bonds. The Of
fetal entry of the clerk Of the court Of
the opinion was copied and mailed to
them last night
Soon after learning Of the action Of
the supreme court. the attorney for J.
W Houston and the Salt Lake Real
Estate association was asked TO aban-
don their suit in which the validity or
the bonds was attacked on the ground
of fraudulent voting at the special cleo
ton at which they were authorized,
but refused to do 50, He intimated
that although the suit had been al
lowed to lapse it would be revived and
fought out in the courts. The decision
will probably be reached at a meeting
of the Real Estate association today
Mayor Richard p. Morris received a
I'll e. H-aa
bonds had been printed and shipped TO
City Recorder J. :. Critchlow- Upon
their arrival they will be filed out,
signed, stamped and issued.
To Push Projects.
We now propose" said Mayor Nor
ris. Ito push the waterwoTks and sewer
extension projects. The first thing VIII
be TO take up the options with the farm
ers They will expire July I. and we
viii use the first money We get on the
bonds in taking them up. If the money
isn't here in time we viii borrow it.
The city engineer has everything IN
readiness TO hand in the specifications
to the council for the bidders The
board of public works viii have TO ad-
veTtise for bids for twenty days before
the contracts can be let 1t is intended
to start work on the Big Cottonwood
conduit which viii be between seven
and eight miles long ana also 10 SldlL
on the sewer extension. the main OF
which viii be about four miles long
We ought to be at work with large
forces of men not later than Sept l.
.'The Mutual Life Insurance company
officials said they would take the bonds
and pay over the money as wanted
lust as soon as the supreme court de-
cided the bonds were legally issued,
and I believe they will do so. While
the Houston suit may not be dropped,
I don't believe it viii influence the Off
Gals Of the insurance company TO re-
fuse the bonds in view of the decision