The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-04
CITY'S HANDS TIED
SAYS MR.. OINN|NY
Can't Let Contract for Side
walk Extension No. 1903, De-
CIareS Attorney.
HIS OPINIONS CONFLICTING
MEANWHILE MORAN is SOLVING
PROBLEM IN HIS OWN WAY.

Inc city cannot let a contract for
| sidewalk extension No. los under the
old law. Neither can it be done under
the new law. This is the opinion of H
| j. Dinniny. assistant city attorney,
and it will be submitted to the board of
public works Monday, when bids for
this work are to be opened.
The trouble has all arisen out of the
| old contract tangle, and the city attor-
neyS opinion is a direct reversal of his
| opinion rendered three months ago on
the same subject. The opinion also
| has deeper significance, as it means
that the contract let to S. Birch re-
Gently for the construction of the I'M
completed work of the Utah Fireproof-
/ ing company on the north bench, and
which the property owners paid for
| two years ago. cannot be awarded
If the council had not delayed mat
| teTs because Of the new contract law
passed by the legislature, and if the
contracts for this work advertised for
ut that time had been awarded, the
! 'refoTmeTs' would have saved the citi-
zens many thousands of dollars, and
a greater portion of the work would
now have been completed. Now the
| taxpayers cannot even secure improve
/ ments which were ordered made dur
/ ing the last two months of the Morris
administration
Started the Trouble.
] The old contract law provided that
the assessment should be made on the
engineers estimates before the work
was started. When bids were frst
opened last March on extension No. los
/ this law was in effect but the mayor
did not sign the contract until after
the new Jaw providing that the assess
ment shall be made after the work is
| done and on the basis of the actual
cost went into effect. This started the
| trouble. which has not yet ended, and
probably will not end until the ''re-
| formers" step down and out.
/ The los contract was allowed to lapse
at the time, although the assessment
had already been made. Recently it
was, ordered blythe council that this
WORK be advertised for again, and the
| general belief was that as the assess
ment had been made before the new
1 law went into effect that the old form
of contract could be used. Now the
city attorney says this cannot be done,
| although, when the matter came up at
/ first, he said ii could.
On the North Bench.
The same condition exists as to the
work on the north bench. Scores of
/ DcODlG nave TIE COullCH W
| be allowed to do this work themselves
and have their assessments rebated,
but the council always answers that
| the work will be started at once. Now
| it cannot be started this year, and the
| residents will have to wait at least
ten months more before they can have
the sidewalks they paid for in 1905.
| Extension No. 10S includes the entire
southeastern section of the city and
N.,I,-
! fifty miles of cement walks.
One of the peculiar features of the
| attorneys decision is the fact that
since the new law went into effect P.
j. Moran was awarded the contracts
for paving West Temple and Brigham
| streets under the old contract form be
cause the assessment had been made
previously. The city attorney did not
object to this although the board
of public works at the time wished to
start a test suit to settle the matter
The test suit was not favored by Mo-
ran. who expressed a willingness to go
ahead with his work and take his
chances. Moran's principle is that
when one does work for the city he is
sure to secure his pay, and no court
will deny him that right
Opinions Are Conflicting.
If the attorneys opinion in reference
to No. los is good low, then his former
opinions have been bad law and the
| Moran contracts are void
! Moran is. however. going ahead with
his work right valiantly, and will no
doubt have it completed before the at
torney. board of public works and the
council can decide how to let a similar
contract legally.
The contract tangle has been one of
the most distressing features of the
| ''TefOTmeTs " attempts to reform.
When it started the legislature was
blamed for maliciously trying to put a
stop to public improvements in Salt
Lake The new law was branded by
| the American" press as a menace to
the welfare of the city. Now all we'll
formed Americans acknowledge that
the law is a good one and that it will
tend to cure many evil practices But
notwithstanding all this the council,
attorney and board of public works are
IL rot hi