The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-02
PUBLIC WORK AND REFUNDS.

The City Council is doing well in the
matter of handling public improvements
and clearing away the obstacles with
which the Smoot machine undertook to
surround the pushing of progress in this
city. The Council has wisely deter
mined to proceed, and to meet the law
in spite OF the fact that the Smoot
gang supposed they had this admins,
tration "corkod up in the matter Of
progress IN public works.
There is a matter that is i'll process
Of adjustment in the Council which will
no doubt be settled amicably and fair
ly TO all concerned, That is the ques'
tion of the refunding of money paid in
on improvements let by contract which
is imperative and not made. II the Fire
proofing company, for instance, which
the City Attorney states cannot be held
to further work under its contract, can
not be so required, then all those who
have paid money on the strength of the
supposition that this company would pro-
ceed to put in the sidewalks understood
to be under their contract but not yet
finished and not likely to be finished,
should have their money refunded. And
this should be done without delay.
Where a contract fails, there Is no rea-
son for the retention of the money. II
it is expected to let n new contract 10
push or the work all right; that con-
tract should be let as soon as possible,
and n new assessment levied TO pay for
the work. But it is wrong to with
hold the money paid in view of the
old contract to apply it to the new,
which perhaps it may not fit. The same
is true of any other sort of a contract
which is in like condition. If the con-
tractor has, in fact, done all that the
city can compel him to do, and he de-
clines to proceed further, then there is
an end Of it, and if the work is not
done, the money should be paid back.
The situation with respect to the side
walk IN the new district in the south
eastern portion Of the city is quite diff
ferent. There is no reason why the
money paid in on that should not be
retained. because the work has not been
partly done, as i'll the other case and
the contract nullity in the law; the
work Will soon, 1t is to be hoped, let
There are contractors, we are Informed,
who are ready to go on with that work,
take the contract or contracts as the
case may be and fulfill them; and do
it the present season. If that is so, that
is all that is necessary. Those paying
IN their money, paid 1T in to get the
work done; there has been no failure
so far nor propositions TO release any
company it is simply an advance pay.
mcut such as has commonly been made
in this city on the induction of any
new work.
\ sharp distinction should be made
in the two cases; where a contract has
been partly paid for and the contrac~
tors have done all that they can be held
TO do, and the contract is Cancelled
then the money that has been paid in
should be refunded, ,But where no work
at all has been done and it is merely a
matter of prepayment TO insure the pro.
gress of the work in the usual manner
then there is no reason for the refund
No refund has ever been made in such
cases. and there is no reason why it
should be begun now. There was no
urgency requiring those persons TO pay
their money; 1t was q voluntary act on
their part, no doubt, in the hope of
speeding on the work that they wished
to see done.
No doubt the Council Will act with
wisdom, discretion, and promptncss in
these matters, and refund where refund
is due, as well ms push on improvements
where there is possibility of doing So
disappointing no one, and unduly with
holding no Que S money.
In this connection we wish to call at.
tcntion to the strip Of street between
Fourth South, where the paving on
State street ends aud the beginning OF
the macadamized county road There
is gap that is extremely annoying. and
has been for great many years, to all
those who bring produce or loads Of
any kind into the city from the farms
round about in that direction. There
should be 'somo way to get on with tho
filing of that gap, and We trust that
the Council will spare no energy and
omit no recourse Of the law to put IN
that paving. 1t would be great con.
venience not only to the farmers round
about, but to the whole city. That stretch
of road is reproach every spring,