The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-27
Observation-Disclosures,

Victories won by City Attorney Og-
den Hiles and his assistant. II, j.
Dininny, in two recent hard-fought legal
battles have been exceedingly crafty
ing to leaders of the American party
and to those connected with the city
administration who are familiar with
the facts The cases won were the suit
brought by the Alcatraz Paving com
pany, which has now been merged into
the Barber Asphalt company. to collect
$3.50 which the city withheld on
paving contract because il was not fin
ished within the time specified in the
contract. and the one brought by Con
tractor P. j. Moran to collect $3.50
bonus, which, he claimed, was due him
as bonus for finishing the contract on
the Big Cottonwood conduit within the
time specified in the contract,
Both of these cases were won before
juries one In the Federal court and one
in the district court. The verdicts rem
dered for the city will result in a saw;
ing TO the city Of over $4,000, and
Judge Hiles and Mr.. Dininny are being
felicitated by their colleagues III the
city government over the result.
Advised Against Payment.
In both cases the City Council de-
liberated at considerable length as to
whether or not it should pay the claims
without suit. In both instances Judge
TIilcs advised the Councilmen that the
city had perfect defense to both
claims and that they could be defeated
in court. and the result has shown that
his legal Judgment was correct,
In the Alcatraz case a forfeiture for
delay was distinctly provided in the
the company completed its contract the
city withheld $3.50. The company
brought suit for that sum with interest
at the rate of per cent from Dec. 81,
1902, which would have made the total
amount due at the end of the year,
had the company been able to establish
It's case at all, Sl0,362. Federal
court Jury, however, decided that the
company had no claim nj all.
In Contractor Moran's suit he con
tended under his contract that he was
entitled to a bonus of $3.50 for every
day intervening between the time when
it was provided that the contract should
be completed and the actual completion
of the work This was conceded by
Judge Hiles and the Board OF Public
Works, but they contended that he was
not bOIlIlcQ lD tIttib lbl way "hNh 80
was required to stop work on account
of bad weather, while he conteuded that
he was.
Judge Hiles and the board were will
ing to allow him for eighteen days
when he stopped work at the direction
of the City Engineer while change
of plans was being made, but Mr.. Mo-
ran claimd that, taking the bad weather
stoppage into consideration, he was en-
lss1'-1 Tho
held the contention of Judge Hlles and
the board, and gave Mr., Moran bonus
of S2700 for eighteen days-the amount
which the city had rendered HMM
stead of S9l50 for siXty-one days, which
was the amount he claimed.
This was saving of $645O, making
the total amount saved in the two suits
alluded to approximately Sl6,Sl2,
Has Won Many Suits.
Since Judge Hiles and Mr. Dininny
took charge of the city's legal affairs
they have won a series of victories in
various SITS brought against the city,
The Morris administration, which pre-
! ceded the American administration, not
only left $4,000 worth of bills for
the new administration TO pay, but the
Morris legal department left over n
number Of suits against the city for
the American administration to try in
court-suits that it was foregone con
clusion that the city would lose, and the
odium of losing which the Morris peo-
pie hoped would attach itself TO the
American party.
Three of these suits were brought
during the Morris administration by
property owners for damages caused to
their property by a change made in
street grades. Verdicts aggregating
$l0,750 were rendered in these cases,
the total amount sued for being SO, ,9S5
In the personal injury suit of Nell
hone against the city, where the amount
| sued for was $4,000, the jury returned
g verdict for the city. There was n
similar result in the suit os Bristol
against the city. where the amount in
volvcd was $1,000, and in the case Of
Taylor against the city, where the
amount was $4,000.
In the case of Kirk against the city.
where the plaintiff sued for $4,000. n
verdict Of $4,000 was rendered. Lettie
A. Brown was given n verdict of sl40O
Tor the drowning OF her son in n con-
! dut long before the American admins.
| tratIon came into power, but that caso
IS being appealed to the Supreme court
In the case Of Gilmore against the citv
tor S6l4 for damages 10 property. the
| City Attorneys Office won the snit ON
demurrer and the Supreme court NJ.
tirmed the decision of the district conrr