Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-12
QUEER CITY LEGISLATION,

ny the city tOuncll on MONDAY even
ing. declaring certain private alleys to
be nuisances and directing them to he
paved guttered and curbed, and I'M
posing a fine for failure, We eSper-
fenced feeling Of surprise that such
a measure could be put through with
out opposition and apparently without
thorough Investigation In the first
place. the boundaries of the district in
tended to be under operation of the or.
dnance arc 80 described. as TO leave
some doubt I'm the minds of great
many people az 10 what Is really in
tended by the description, which is as
follows:
Section I. That all private alleys
between tho west side of West Temple
street and the east side OF State street
and the north side Of East South Tenn
pie street and the south side of Third
South street. are. and each OF them
hereby Is declared To be detrimental
~ the health. peace and comfort Of the
inhabitants of this city, and az such
each of them Is hereby declared 10 be
"a nuisance.
There are private alleys, no doubt. be-
tween the cast side of West Temple
street and the west side of state street;
also between the south side Of East
South Temple and the north side Of
Third South street, but the reverse Is
named IN both Instances In the para
graph we have taken from the ordin-
ance. That is minor consideration,
perhaps, but it Is one Of the indications
that the measure was loosely construct
ed
Tho declaration that those private al
ieys are and each OF them Is public
nuisance. IS more serious, even though
Il partakes of the ridiculous. II Is not
those alleys or either of them that con-
stitutes a nuisance. An alley Itself Is
not detrimental to the health, peace
and comfort OF the inhabitants of this
city On the contrary, 1t is and Is IN.
tended 60 be for the convenience and
benefit Of those inhabitants. II any alley
IN the city Is IN an unsantary cundi-
ton. II Accommodations Of Nth or waste
matter render 1t detrimental, II is not
the alley itself but those accunula-
tions that are nuisance and they may
be abated under present ordinances and
regulations.
But how will the city authorities pro
coed TO abatc an alley? Is II to be shut
up. OF torn NJ. on built mp or what
why, the ordinance says. It shall he
paved, guttered and curbed under Ger.
tain penalties that are imposed for neg
Iect or noncompliance. Hut the alley
viii remain. Will 1t not? And It Is the
alley or q number Of alleys in II
specified district that are declared
10 be nuisance. u they are paved.
guttered and curbed. as required. they
may yet be allowed to harbor such mia.
terlals as would create a public uui,
unce. notwithstanding the carrying out
of The requirement Of the ordinance.
What then? 1t would be the offensive
matter lcft there that would constitute
nuisance. ana the abatement Of IL
would be the removal Of that which H.
tntilNlNfs houlu II npA
And why Is an alley within the
bounds described nuisance, and alleys
I'm other parts Of town be all right? PER-
haps II is intended at some time TO
bring them all within The scope and IN.
rent Of the ordnance, 80 that every
alley In town will be considered before
the law as public nuisance. no mat
Ter how clean It may he kept or how
free from anything detrimental TO
health, or how necessary to the comfort
END convenience OF the people OF the
ntighborhood
But why should an alley be declared
O nuisance because it is unpayed, ana
whole streets where mud and sush
abound in some seasons and thick dust
IN others. be left out OF the denuncla-
tlon? number OF queries are suggest
cd In this connection By the remarkably
worded ordinance. but We will not pur-
sue that line OF remark any further.
We Will draw attention, however, to n
more serious phase Of the subject II IS
this;
What RIGHT has the city TO compel the
owners Of private property to pave,
gutter and curb III suppose the own.
ers OF private alley refuse or neglect
10 comply with the requirement. DO
Tho trainers OF that measure think that
court Of competent jurisdiction woulu
sustain such an edict OF declare the
city competent to enforce It? II the
city was to enter upon such private
property and attempt to pave, gutter
nnd curb It without the consent OF the
owners, would il not be lawful for tho
latter to resist such encroachmcnt or
Al any rate refuse to pay the cost Of IN,
work or any part Of e.?
This is a legal question which would
he very likely TO find ITS way Into tho
courts. and We advise the mayor To l1oH
into It very closely before appendius hts
signature to such queer specimen OF
law and legislation. n Il was drawn
under the scrutiny or supervision Of M,
city attorney 1t does not reflect very
great credit upon his judicial lcumcr
nor his literary ability, both Of which
in times past have been considered
somewhat eminent, We fear that som,
less competent hand has manipulated
this peculiar document, and we hop,
that in It's present form 1t viii not hnt
its way into the ordinance book of sal
Lake city, Why in the world did (
elm through the council without critlca
Investigation?