The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-11
GUILTY PERSON
Gan 7 BE FOUND
Persons Responsible for En-
barraSsing Legislation Now
Seeking Cover.
POSTMASTER THOMAS
DENIES IMPEACHMENT
City Attorney Hiles viii Say in
Written Opinion That New
Law Must Be Followed.


Utah legislature which so seriously en-
harnesses the city of Salt Lake In car
rvinC ont needed improvements ana tol-
lowing the policy Of the present city
administration 10 make the city one or
the cleanest and best equipped on the
continent? City officials are decidedly
of the opinion that the legislation was
intended to be hindrance and STUN
bling block in the way Of the admins
tration. That it serves any other pur-
pose they cannot possibly figure out,
There is some mystery as to the au-
thor Of the objectionable clauses IN the
bin. 1t was introduced by Senator
Benner X Smith. Senator smith says
he received il from postmaster
Thomas Postmaster Thomas SAYS ne
drafted the bill, but had nothing 10
do with the objectionable clauseS ana
does not know how they got into the
measure at all Representative Jensen
was CUT of the city yesterday and could
not he seen. Further than tins thefe
seems TO be no means OF tracing the
matter.
The amendment which is now Chapter
l27 of the statutes of the present year
is entitled "An Act 10 Amend sec
1898. in relation 10 Special laNes,
reads as follows:
Be II enacted by the Legislature OF the
Section ]. That section 277, Revised
Statutes OF Utah. 1888, be ana fam,,,,e M
is hereby amended TO read as tou9Ws-
"21T. Special taxes may be levien aS
the Improvements are completed III iron, IN,
or or along. or upon. amy Sl"ch, "5 az
or part thereof or piece oi Srounuf ~
AT The time ,he Improvement is entreN
completed. as shall be provided In the or
dinance levying the taN i,t
'"Provld,.d That any levy OF speclal
,ay for special improvements shall MOI
bs made until the cost Of such improve
ment shall first have been ascertalieo
by contract duly let to the lowest
s6onsi5Ie bidder after publication Of no
tice for al least twenty days IN news
paper OF general circulation puolsnea III
the city where such Improvements e., sa
10 be made and the cost OF such I'M
,rovemEnis shall not exceed TO the prop.
crtv owner the amount OF the COM trIne ~,
entered into for the performance OF ~ ~
work nroyIdcd further that BIDS TOT tle
doing Of all work contemplated by ehGn
special Improvement shall he separately
solicited and a separate contract pc ie'
therefor as above PROVIDED, oa,.,, ,,,or
Sec . This act shall take erect upon
approval ,,,. Ord dav Of March.
1901
Judge Hiles's Opinion.
Judge Ogden Hiles. City Attorney. is
now pre- pairing written oplnion, cover
ing every phase of the question, To oe
submitted 10 the City Councli next
week Judge Hiles, however, mas al.
ready given his opinion verbally tnaO
The provisions OF the amendment must
he complied with and that there is no
way by which contracts for extensions
can be let without being separately SO
licited bv advertisement and separate
contracts made for each piece of worS
abutting each individual piece OF prop,
ertv. He states that this burden Will
have 10 nc borne by the property own
ors as the city can include all tins pre-
Gminarv expense in the contracts as
lei and they will be included in the levy
when the work in each case is complet-
cd This will make the cost Of sidewalk
and sewers so heavy TO the property
owner that petitions not TO make exten-
sious rather than 10 make them VIII be
the rule He further sald,
"Where contract has hitherto. been
made for 100 pieces of property, IN fu,
ture there must be 100 contracts and
100 advertisements therefor. It will
work hardship on property, owners
but I can see no way out Of IT,
Many of the city officials, including
the CITY Engineer and City Recorder,
are Of the opinion that it will necessarily
mean the cessation OF further eXten.
sions or improvements in the line OF
sidewalks and or sewers. The water
mains being paid for entirely by the
city are not affected, Nearly all of
the Aldermen are of the same opinion
and some Of them favor the calling off
OF all proposed work.
Disclaims Responsibility,
Senator Benner x Smith. who intro
duced the measure in the Senate, dis
claims all responsibility for the bill and
states that IL was handed to him by
Postmaster A. L. Thomas. He intro
duced many bills during the session. be
ing requested TO do so by friends Just
rs he was in this instance by the post
master Senator Smith now sees the
error of the measure but he believes 1t
is capable of another construction than
that placed upon it by City Attorney
Hiles. He believes that the measure is
capable of an Interpretation which will
not interfere with the improvements
and that they can be proceeded with
without the heavy additional expense
Postmaster Thomas admits drafting
the measure and giving 1t TO Senator
smith but he AYERS he did not draft the
provision which virtually makes the car
rying out of the Improvements prohibi
tory because Of the heavy expense
Postmaster's Statement.
To Tribune representative Mr.
Thomas made the following statement
yesterday:
II prepared bill which contained
provision amending the revised stat
utcs which provided that before the
levy could be made for any special i'm
provcment the cost of such improve
meDt would have 10 be ascertained by
contract entered into after advertise
nent I know nothing about any pro
viso which required separate advertis
ing on separate pieces of property as i
is now claimed has been enacted int
law.
All that ! know isrdhis, that a bill
was introduced in the House by Nj
Jensen covering this point, that is va
not acted upon until near the close O
the session and that the section whicl
related to special Improvements wa
cut from Mr.. Jensen 8 bill and sent T.
Mr.. Smith by me, If it contained
proviso as to separate advertising ] d
not recall the fact ard If 1T did. tha