Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-05-29
MULvEY TRIES AGAIN.


Mulvey then made another attempt 10
have the council act upon the recon-
mendation Of the board of public
works TO the effect that the contracts
with the Barber company he approved.
Martin at once moved that the COM
munlcation from the board be received
and filed and he raised the point that
there was nothing before the council IN
connection with the matter as the bids
had been rejected by the council a week
ago.
Mulyey declared that the contracts
were legally before the council as the
council last week had only voted on
the adoption OF the committee report
and not upon the approval Of the con-
tracts.
Forty read from the minutes Of the
council meeting Of last Monday night
IN relation TO the action taken on the
matter, and also quoted from Roberts
Rules Of order in support of his con-
tention that the adoption Of commit
tee report did not carry with Il the APP
provdl of the subject matter of the
report. He Contended that the con-
tracts would have TO be voted upon
separately from the committee report
DAVIS SUSTAINED.
President Davis announced that he
had given the matter q great deal of
consideration since last Monday night,
and had consulted lawyers and well
known parliamentarians and they had
agreed that his ruling in declaring the
contracts not approved was correct. He
therefore could see no reason for chang
ing his ruling, and stated that there
was nothing before the council In con-
nection with the contracts,
Mulvey at once appealed from the de-
cision of the chair but his effort was
unsuccessful IN that matter as the de-
cision OF President Davis was sustained
by a vote OF s to g.
TO READVERTISE
Black then introduced his resolution
providing for readvcrtIsing the paving
of all the streets heretofore advertised
this year. Mulyey moved that the re-
solution be referred TO a committee,
but later withdrew his motion and the
resolution was adopted by vote OF Il
TO 3. Carter and HOLIDAY voting with the
majority on that matter,
Wells then introduced resolution in
structing the board of public works 20
discontinue the advertising for the Sec
ond avenue and e street matchmaking
until the ordinance can be amended Ia
provide for The 10 year payments IN
stead Of five The resolution was
adopted
DUMMY CHANGES FRONT
During the consideration Of the
amended ordinances, Assistant city
Attorney Dininny rendered an opinion
reversing the opinion given on last
Monday night. He stated last week
when they tried to push the contracts
through that the ordinances could be
amended aud the contracts changed ace
cordingly by the mayor without myn-
lidating the contracts. Last night he
said that any change In tho ordinance
would iuvalidata the contracts and The
whole matter, and that even the notice
Of intention ia make tho Improvement
would have 10 b. re1dvcrtiscd. he
was asked by Black II he did not state
last week that tho ordinances could be
amended at any time without mvalidst-
ing the contracts lie replied that ne
20 stated, but made no attempt to eH'
plain why he reversed himself
WILKINS WANTS WAp.
Former Clerk W n. wilkins of Tho
board Of public works submitted u bUl
for 800 for services a. clerk during
the month Of April, payment ~ the
same having been refused by the audi
tor Mr. wilkins claims that his re-
moval from the office and the appoint
ment Of his successor were Illegal and
It Is evident that he intends To make
q test OF the question I'm the courts.
His communication was referred Ga the
finance committee and city attorney
for consideration
THE CRANE PROTEST
Charles Crane and other property
owners on Second South street between
Third and Tenth East streets repre-
senting a total frontage Of 5.l6s feet,
submitted protest against the use OF
asphaltum In the paving Of that street
and recommended that macadam be
used instead President Davis ruled
that the protest was out Of order as
the bids for tho Improvement had AL
ready been advertised for and will be
opened on Thursday However. the
str.a o.. n A.