The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-16
NEW LAW WILL
BE EXPLAINED
Council to Hear City Attorneys
Opinion of Street Improve
ment Measure.
PAVING TO BE CONSIDERED
INTERESTING MATTERS FOR TO-
NIGHTS MEETING.

The cOuncilmen this evening will learn
from Judge Ogden Hiles. city attorney,
how the Benner X Smiths permanent i'm
provement bill can be construed to mean
that the city cannot go ahead with any
more Improvements until it is repealed.
Apparently this will be sad tidings, but
in reality it will be glad tidings. as the
city is hard pressed financially and the
American" party officials have been at
their wits end for means to raise enough
money to make a respectable showing 10
present to the voters in the fall. Under
present conditions they hope to be able
10 say that if it had not been for a
wicked plot against them they would
have done the work.
The contention of the American party
officials Is that the Smith bill requires
that a separate contract be advertised
and let for each individual piece of prop
erty abutting the proposed Improvement.
This, Of course, would increase the cost
of the improvements approximately p
per cent.
Ambiguity in Measure.
As has already been explained, the BILL
when il was first introduced by Mr.
Smith. contained no such provision. which
was added by Senator Charles X. HOl-
lingSWOrth of Ogden, lust before the vote
was taken in the senate. The amendment
IS ambiguously worded. but seems to con-
vey the meaning which the American"
party would give to It at a first glance.
Some of the most prominent LAWYERS in
town, however, are of the opinion that
The amendment simply makes it necessary
for the cost of the work TO be divided be
tween the property owners in proportion
10 the exact amount of work TO be done
in front of their holdings. For instance,
If grading of a road were heavier in one
block than in another, the property own
ers IN the latter block would not have
10 aid in paying for the additional work
required in the former. In endeavOring
10 bring this about Senator HOllings
worth seems to have made it appear as
IF a separate advertisement and separ-
ate contract for each individual property
owner is necessary, which was never the
intent of the measure.
Believe Law Is All Right.
City Engineer Kelsey is known TO be
of the opinion that the law is all right and
il is understood that several of the
american" cOuncilmen are of the same
opinion, but dare not express it aloud for
fear Of being ousted from the party cOun-
ellis.
The Smith bill, when originally passed.
had two objects in view. One of them was
10 prevent the collection of special taxes
before work had begun on the improve
ment for which the assessments were
made. 1t has often happened that special
t"Vcs have been collected and held by
city for months before work began on
t.e improvements. The other object of
the bill was to prevent blanket contracts,
covering all work of a specific nature TO
be done during the year.
The city attorney tonight is also eX-
pected to decide whether the council will
allow James Kennedy. who has a sewer
contract, to test the new law in the
courts. At the meeting a week ago Ken
nedy asked this permission. but the cOun-
ell seemed afraid to let any court give
opinion on it and therefore declined
Mr.. Kennedy's offer. 1t was, however.
referred to the city attorney TO pass upon.
First South Paving.
Another matter which will come up this
evening will be the First South paving.
At meeting of the street committee held
las Friday night a large number of citi-
zens residing on. this street between Sec
Ond and Thirteenth East streets appeared
10 contend for their faVOrite kind of pave
ment. Some wanted asphalt and others
macadam. Those favoring asphalt won
out and the street committee decided to
recommend that the council instruct the
recorder to advertise notice of intention
10 pave with asphalt. eighty feet wide be-
tween Second and Fourth East streets
and sixty feet wide the remainder of the
distance. There is still some opposition
TO the use of asphalt and il may develop
this evening when the committees report
IS presented.
Several small contracts are to be let,
among them being one recently approved
by the board of public works for the cree
ton OF band stand at Liberty park.