The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-20

When former City Attorney Dey OF
Salt Lake, in connection with other at
torneys, gave an opinion some days
ago, in the matter of the contest at
Ogden, between the Ogden Waterworks
company and the City Council, In which
it was held that the City Council could
not bind the city for period of fifty
years not to reduce water rates, Salt
Lakers. who are familiar with the terms
of the franchise granted to the light
trust in this city. last year, began to
sit up and take notice.
Section Z of the franchise granted to
the light trust by the Morris Church
Council, reads as follows:
What the Section Contains.
In consideration OF the promises, Salt
Lake City agrees and ordains that during
the life Of said franchise as herein fNedr il
will use the power OF snid Cottonwood creek
the waters thereof for power purposes
only and in connection with municipal utili
ties and properties only; nor will said city
or regulations in regard to tho price Of
lighting. different from therefor herein
named, nor shall said Utah Light md Rail
way company be obliged to furnish light
named; provided. however, that II there
shall hereafter be any inventions or
improvements that will materially reduce tho
cost OF producing or distributing either gas
or electrical energy for lighting heating
purposes, or, provided further, Il there shall
hereafter be any conditions which shall
distributing either gas or electric energy for
lighting or heating purposes, thcn and in
either even there shall bo a reasonable re-
adjustment by tho City Council and the
Mayor on the ono part and the Utah Light
and Railway company its assigns on the
other part Of the rates herein fixed.
When representative of The Tri-
bune called the attention of Judge Dey
fo he pI
asked how he could harmonize it with
the clause in the franchise of the Salt
Lake light trust, above quoted, Judge
Dey replied that he didn't attempt to
harmonize it. "The fact is,' said he.
''that according to the view which /
expressed to the committee, when this
franchise WAS up for consideration, and
the opinion that / have now, the pro-
vision attempting to bind the city as to
not using the power from Cottonwood
FOR other than power purposes and not
making any changes in the price of
lights for period Of fifty years, is vir-
tually void,
City Can Erect Light Plant.
or course, there might be question
as to the city's power to put in an cleo
tric lighting plant for the purpose of
furnishing light and power to private
parties, but, in my opinion, there is
nothing to prevent the city from put
ting, In lighting plant for its own
use."
"But, you were City Attorney at the
time this franchise was granted" it
was suggested. "Why did you not take
the same view then that you do now7''
."i did, was the reply. "I SO ad-
vlsed the committee which had the
matter in charge, but no attention was
paid TO my opinion"
The action of the Salt Lake CITY
Council, taken IN connection with the
opinion of former City Attorney Dew.
is another evidence of the recklessness
OF the Morris. Church gang when it had
the municipality by the throat and was
carrying out its outrageous policy on
behalf Of the Mormon church.