The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-20
PROPERTY AND SIDEWALK LINE,

PROPERTY AND SIDEWALK LINE.
The controversy in the City Council
on Thursday night was unfortunate IN
so far as it took n personal turn. Bit
ter personalities and imputations should
always be avoided in the discussion OF
public questions; in them personal re-
elimination is petty; but the substance
of the matter under consideration was
one of good deal of public Importance
in this city. The claim is made prob
ably correctly, that where fence has
sidewalk it establishes the property
line, provided the fence is allowed TO re-
main there for seven years. In this case
it is understood that the fences on the
property on the south side of the block
in controversy, that is to say, on the
north side of Third South street be-
tween West Temple and First West, are
all out on the sidewalk something over
two feet This, however, leaves wide
enough sidewalk for all practical pur-
poses, and for every use that a sidewalk
is likely to be put to; the width remain
ing being upwards Of twenty feet. and
tweuty-foot sidewalk would seem to bo
ample IL that line is to be taken as
the true property line along tho south
side of that block, it would bring the
building frontage line out further than
it is on the block east. The Metropoh-
tan hotel is out little over the true
property line, but so little as to make
no particular difference On this block
west, however, the difference is much
greater. But if 1t IS true that the fences
have remained there for over seven
years and that the Supreme Court has
settled the point that the fence lines
so remaining are the property line, then
that line is established already, with
out any action OF the Council; because
those fences have certainly been there
a good deal longer than seven years;
more in fact, than three times seven
years.
The point in opposition, however, to
the Council taking the matter up and
making a declaration on the subject,
was that this is not proper matter
| for Council initiative. The Council will
OF course recognize in all It's public
/ improvements, what the courts declare
TO be the law and the line, but the
! Council, as a rule, Will not undertake
to establish such lines or TO initiate
approval of them. In large number of
blocks in the city there is more or
less encroachment upon the sidewalk
! line. Some of these encroachments are
very small and of no great Importance;
others are considerable and cramp the
! sidewalk space. This one would not be of
any particular Importance, but it would
put awry the line of the building front
as compared with the block east, when
business structures come to be put
along the whole of that side of the
street for number of blocks. These
lines, as recognized and practically es-
tablished by use and affirmed by the
! courts, will necessarily stand as so
affirmed. And while it would be graft
| flying, of course, to those wishing to
make their lines Of record, to have the
| Council take definite action before the
improvements are made, and while per.
| haps no particular evil would arise
| therefrom In this case, we do not think
that those who onuose such initiative by
| the Council should be censured any
more than we believe that those who
ask the Council in good faith to take
that action should be denounced. IT is
| far TO presume that both sides in this
are acting from straightforward, fair
motives, and recrimination has no right.
| full place in the determination of such
a question. Such recrimination is of
course, to he deplored from every point
of view. 1t destroys the harmony OF
action which is so essential to the prop
CT moves of tho Council, sows seeds of
! distruSt where there should be no such
| growth, and creates personal antago.
nisms which are injurious to the best
public service.
! This is matter that can be safe.
| ly left with the courts in every case.
And if the fence lines have been al.
ready established, as claimed, then there
is no particular reason for any warmth
of words or animositics of mind in re,
gard TO it. Let ii all be settled fairly.
candidly. and according to public in.
terests, on calm consideration and good
| judgment
|
CATASTROPHE IN CHURCH.