Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-05-22
MIDDLE COMES IN
PAVING MATTER.
o,ooram Arranged by American
counciImen Somewhat
Disarranged.
MARTIN WAS THE CAUSE.
prouo,ition Came 10 Vote lie
cast His Ballot With the DEM
ocrats--Must Rcadvertise.

a 4, regard to the approval OF the
attracts with the Barber Asphalt
.mnony for the paving of First South
IN west Temple to Third West. East
r.nnle from Fourth TO Ninth South,
,.,te from Fourth to Seventh South
"A Fourth South from West Temple
!, second East street, was somewhat
d,arranged last night by the Demo-
..,nc side of the council assisted by
wsrtiu an American" and the con-
,r@cts lacked Just one vote OF being
.rnroved The Americans We're
somewhat stunned at the result of the
sote as they had been assured Of
,oopgh votes IN committee meeting
,ssterday afternoon to approve the
sontracts and II took several hours OF
ssr,ous discussion after the council
Meeting for them to figure out how
INV were defeated and 10 arrive at the
eonemslon that the matter was killed
albright and the only way out of the
Nemma Is to advertise for new bids
tor The work and award the contracts
over again.
MEETING OF COMMITTEE.
The members Of the finance and mu-
riepal laws committees met yesterday
.harnoon and considered the contracts
AND heard the statement of D. Is.
Hampstead, the attorney for the Bar
bsr people, They then decided to
recommend the approval OF the con-
tracts with the Barber company and a
report was drawn up accordingly.
Under the proper order of business
last night Crabtree made a motion that
The matter Of the contracts for street
paving be taken out Of the hands Of
The committees This motion prevailed
and the report OF the committee was
read and the matter acted upon by the
council,
LEGAL QUESTION RAISED.
Fernstrom raised legal question
concerning tho ordinances providing
for the leyying Of the assessment upon
the abutting property. He stated that
the council had promised the people
that they could have 10 years within
which TO pay for the paving while the
ordinances required them to pay for IL
In Ave years. This defect in his
Judgment would invalidate the ordin-
ances and would also give the Barber
company the privilege of demanding
payment from the city within Ave
years. lie asked for an opinion from
the assistant city attorney and that
Official stated that he was uncertain as
70 whether or not the council could
amend the ordinance now. He would
not give an opinion on the matter until
he Mad time to look the point UP.
Black and Mulvey both contended
that the contracts should be approved
and sent to the mayor, who would ad-
wise with the city attorney as to the
lesA point raised and would protect
the ciY's interests In that matter.
MARTIN OPPOSED.
Martin was opposed TO the contracts
being awarded TO the Barber company
as long as the suit started against the
city by a member Of the asphalt trust
was stu pending He related the trou-
bic the city had had with the company
over It's former contract and favored
Telectins It's present bid and readver-
Using the Improvement.
rernsuom agreed with Martin aud
favored readyertising the work. He
further commended that the ordinance
vas directive IN that 1t provided for
paying for the paving In five years in
stead OF ~, and for that reason ne
urged me rejection of the bids and the
advertisement.
Preece stated that he was in favor
awarding the contract TO the lowest
oluaer put he thought that the matter
SHOULD De laid over for a week until
ms attorney could look up the legal
QUESTION rgioal bNf
ACTED TOO QUICKLY.
TQddenham spoke In opposition TO
eNeldlhg me contracts to the Barber
COMPANY lie related the unpleasant
experiences which the city had with the
WupdHy ON a former contract and
stated that II would have more IL tho
VVuPaly was awarded these contracts.
rghstrom then moved that the mat
ur DC lald over for n week Instead
Of possessing foresight enough to see
nat Without tho vote of Martin o,
t.gce they could not adopt the report
~, W ~ committee and approve the con.
uacls the Americans" opposed the
MUTTON 10 lay over and defeated Il,
much to their chagrln. as was demon
straled later.
~. NN - NANtl INSTRUMENTATION WAS
Wdt me motion TO adopt the report of
w., u.e Committee and approve the con-
usets was lost by Just one vote. only
i'eh Voillg for it and eight votes be-
sns necessary to carry II as 1t provided
~ Ihe approval OF contracts Involving
Wv, nt expenditure OF money. Those Wit.
we, ,v'eu ior the approval of the contracts
SHee black, Carter, Crabtree. Hob
T ny, Mulyey O'Donnell and Davis.
r rnose who voted against were Barnes
Trv,,aIIs,ltom. Holley, Martin. Preece and
ss uSIV Ti The absentees were Ferry
guy wells. Had the Americans" con.
~. 10 the matter going over for a
wee SseN 'ley could have had Ferry pres.
y, az NE next meeting and that would
Sa,' s wen them the necessary eight
~ 'of the approval OF the contract,
s susy were 50 badly stunned by the
m ,,rurow OF their plans that they did
~ !ak9 advantage OF the opportunlty
n. nave one or their members change
~ ~ vote to the victorious side and thet,
e'r notice OF reconsideration n, ~.