The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-24
WILL HOLD CITY
TO ITS CONTRACT
Utah Light & Railway Co. Will
7 Fight Gas Street Light
ing Proposition.
MAY APPEAL TO COURTS
CONTRACT is NOT BINDING, SAYS
CITY ATTORNEY.

Asserting that it has a contract with
the city 10 furnish arc lights until March.
1903, the Utah Light and Railway COM
pany will il is expected, appeal to the
courts to prevent the substitution OF
Welsbach gas streets lights for any part
of the electric system now in use.
When the council committee OF the
whole approved of the gas lighting
scheme Thursday evening, John Mont
gomery, representing the Utah Light and
Railway company, declared that his con-
Germ has a contract with the city and
that the council has no power to order
the removal Of arc lights where gas
lights are to be substituted.
ogden Hiles, city attorney, will prob
ably submit an opinion to the council
Monday evening declaring that the Utah
Light and Power company has no exist
ing contract and that the council is free
TO order the lights out wherever it sees
fit He has already told Councilmen Mar
tin and Crabtree that this is his view OF
the matter.
The last contract for electric lighting
was entered into during the former ad-
ministTation of Mayor Thompson, being
signed in March. 1903 1t was for three
year period. In March, lyO6, the company
submitted new contract to the council
for another three-year period at the old
rates of 81 per lamp per year and about
thirty days afterwards the proposal was
ordered flied by the council on motion
of l.. D. Martin, chairman of the i'm
provements committee Since that time
there has been no actual contract in eX-
istence, although the city has been US
ing the lights and paying for them on
the old basis.
Must Notify Company.
The company asserts that there is a
provision in its franchise which stlpulates
that if at any time the city wishes to
discontinue the street lighting service
it must notify the company six months
prior to the expiration OF one OF the
thTee-year contract periods.
II will be the contention of the city
attorney that this provision is found only
In the 1905 franchise which was approved
for two years after the last contract was
entered into, in 1903, and less than six
months from the expiration of that
agreement in March. 1906
The franchise provision referred to
said Utah Light and Railway COM
pany further agrees that during the life
of said franchise il will furnish to said
city for municipal street lighting pur-
poses through contracts Of not less than
three-year periods. arc lights which will
give an average illumination of not less
than the present standard of 455 watt en-
closed carbon arc lamps, all night ser
vice at a price not 10 exceed So per
lamp per month, as provided now under
contract with the city. and under the
terms and conditions of said contract.
provided the city shall give the Utah
Light and Railway company at least SIX
months notice before the expiration of
any three-year contract of its intention to
discontinue taking street lighting under
this paragraph in case said city desires
such discontinuance.'
The city will maintain in addition to
the contention already referred 70 that il
does not propose to absolutely dlscon-
finue electric street lighting and that in
the event the 500 Welsbach lamps to be
tested prove satisfactory and 400 more
are contra cted for. it will only mean the
displa cement of $50 of the 524 arc lamps
now in use AS there is no stipulation
as to number in either the franchise or
the contracts. the city will contend
that il has the same right to reduce the
number of lights as it has TO Increase
them.
The company, however, proposes &c
take another view of the situation anC
will fight the removal of any of its
lights. When the gas lamps are installed
and ready tor use the electric lamps VII
be ordered out. The company Will re-
fuse and then the trouble will begin. II
these arcs are kept burning, it is under
stood the company Will present the reg
ular bill TO the city and will endeavor tC
enforce payment in the courts if they
are refused by the council.
The proposition to use 90 candle power
incandescCnU lights on iron poles instead
of gas submitted to the council by the
Utah Light and Railway company Tues
dav evening was for time So Ously con-
sidered as the rates proposed were 50
for the first three years and S2S for tbs
next period, "a compared with the So
and $50 rates Of the Welsbach people. L
fell flat. however, as 1t was discovered
that the company would not dlsplace any
of its arcs already in service with these
lamps. ana that If these were installed
1t would mean tnat the lighting bill would
be nearly doubled.
The council will consider the entir,
proposition Monday evening.