The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-01-29
Ordinances Granting Privileges
Are Passed by Virtually
Unanimous Vote.
PR0TESTANTS WILL HAVE
TO GO INTO THE COURT
Substitute for the Western
Pacific Ordinance Promptly
Thrown Out.

| Ordinances granting the franchises
asked for by the Western Pacific and Rio
| Grande Western Railway companies were
| passed by virtually unanimous votes OF
the city Council. at a special meeting
| held Saturday afternoon The franchises
passed practically as agreed upon by the
| Council al the Thursday nights meet
| ing, In the matter OF the protests against
| the granting OF the franchises 1t was de-
cided that tie protestants would have to
go to the courts for redress. as the Coun-
ell could not legislate in the premises,
Opinion by Hiles.
When the Council was called TO order
by President Davis. tho roll call showed
that all members were present except
Ferry, and business was at once pro-
ceeded with. The first matter taken up
WAS a communication from City Attorney
lilles, who called attention TO the pro-
vision OF the constitution providing that
Private property shall not be taken or
damaged FOR public use without just COM
pensation." The communication then
stated that IL was the opinion OF city At
torney Hiles that IL the franchise were
granted. the city might be liable Tor
damages, where the same could be shown
by aoutting property owners,
Big Bond Suggested
The granting OF the franchises, Judge
ttiles continued, amounted to condemna-
tion and sequestration in favor of the
companies, and he suggested that the
companies give q bond. In the sum OF
Sl.VC0ooO. TO hold the city harmless from
damages TO abuttinG property owners
through the closing OF the streets change
OF grades and building OF the roads. This
bond was suggested In addition TO the
usual clause In franchises, eXempting the
city from liability by companies securing
franchises.
In connection with this recommends
ton, Judge Hles stated that the courts
In many States had held cities liable un-
der similar constitutional provision.
Would Not Accept
Waldemar Van Cott, representing the
companies, was asked as 10 how he
viewed the proposed amendment and he
stated emphatically that the companies
would not accept franchises with such
provisions In them. Mr.. Van Cott said
that such bond would cost the compa-
nles $1,000 a year, and as no other cor
poration had given such a bond nc did
not no! see why 1t should be asked now.
are solvent, said Mr., Van Cott, don't
give them franchise" Mr. Van Cott
also said that the companies would be
liable Tor damages In any event and that
the taking upon themselves OF the liabiI-
lty was sufficient without bond.
Bond Stricken Out.
The majority of the Council coIncIded
with the view as expressed by Mr.. Van
Cott and the suggestion of Judge Hiles
was carried into effect only TO the ex-
tent OF the companies assuming liability
to save the city harmless from any dam
ages that may accrue and the provision
for the 81 900 bond was not lncorporat-
ed. rms provision was Incorporated into
each of the franchises.
The Rio Grande Western franchise was
the first one read. and 1t was passed, vIr-
tually without amendment. except such
amendments as were made at the specIoi
nj lQl I,1l
the only negative vote and Ferry was
absent,
Western Pacific Next.
The Western Pacific franchise came
next and was passed by a Unanimous vote
after several proposed amendments had
10y providing that the Western Pacific
should take the northern portion OF the
blocks, between Sixth and Ninth West
streets, was not only voted down, but
was stricken from the record.
Fight Is Put Up.
A fight was put up by Holley. Wells
and others on behalf of the property own
ers on the south side OF South Temple
street between Sixth and Ninth West
as as well as those on Fourth and Sixth
w. Mest' VINO, 1t Is alleged; Will be injured
by the construction Of the tracks, but II
was decided after discussion, that tho
property owners would have to go 10
court unless their complaints were met
for the Council to attempt any legIsIoo
tlon for their benefit
Franchises as Granted.
The franchises grant tho companies nrl,.,-
leecs In the city as follows Tho Rio Grand,
Western is granted permission TO operate a
Eighth South street 10 Fifth North street and
thence northwestorly across streets OF the cIty
10 Ninth North street, with side and switch
tracks and connections. provided there anil
6e no sido or switch tracks between North
iemple and Iilth North stroots, but subject
to tho limitation that such track from the
south sido OF North Temple street 10 the north
side OF Fifth North street shall be laid and
maintained on the west side OF tho track Of
the Oregon Short Line RoiIroad company as
now located In said street and the further
right OF way is hereby GRANTED 10 the RIo
GTande Nestern Railway company 10 lay
maintain and operate the west side or 10 |
right Of way above confirmed and granted with |
side an1 switch tracks, crosaOVers and connro
tions, an additional standard gauge main trocp
on Fourth West street from Eighth south |
street.
Up to Ninth North.
Also standard gauge trncle across tho strcats |
Of said city from the north side OF Filth North |
street on Fourth West street northwesterv |
across the streets of the city TO Ninth Eor,h |
street and from the last-numed point n main
double track line across The |
streets OF the city northwestcrly TO a conncc- |
uon With such company's main line as now |
located at or near Lincoln avenue, also To |
lay maintain and operate between Fourth and |
"A
cross-ovcr track TO connect with the track, Of |
tho Oregon Short Line Railroad company A |
franchise is nlec granted such granteo Ia |
procure tho right 60 use the tricks OF the ore |
gon Short Line Railroad company on Fourth |
West street from the south side OF North Tenn |
pic street To tho north side OF Fifth North |
street
Clause for Arbitration.
That the Rio Grnnde Western Railway com
pany shall arbitrute all dnmagcs caused on |
said Fourth West street by roaaon OF LAYING
any track. Any person damaged MAJ |
select one competent and disntcrestcd nrbI-
traitor. and such railway company ahndd mako
q like selection. and thoy TWO shall select |
third, and tho majority award shall be nnaI.
the proceedings shall be according to the stat,
utcs Of Utah arbitration and award
Also standard-gauge double railroad lrnck
on Fourth West street, from a point in saId |
street north OF Eighth South street. and run |
ming thence south OF Fourth West street 10 |
The south sido OF Tenth South street with the
light TO diverge southwestcrly toward q conncc- |
lion with It's main line "a now located at any |
point between Eighth and Tenth South |
streets. md To cross any streets I'm tho citv |
IN tho Inc OF said divergence and TO the lno
1f said connection
Other Streets Named.
\ franchise and right Of way is also granted
% construct In and across Third South street |
EpfITf N.af efT. anI u