The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-07-11
UTAH ASPHALT
NOT AVAILABLE,
SAYS D|N|NNY
If State Paving Product Is
Used, There Is RISK of Law
suit, Holds the City
Attorney.
DECLARES PRECEDENT
IS MADE BY CUSTOM
Petition of 1900 Citizens Too
Late, Is Contention; One
of Bidders Threatens
Injunction.

IN ESP1TE the fact that the Com
mercial club, the Utah Develop
mont league, tho Mannfactur-
ers Association of Utah. and
other local business organizations and
more than 1900 residents pc
titioned the city commission 10 specify
the use Of Utah rock asphalt in paving
yesterday, that material may not be
used
City Attorney Harper j. Dninuv
yesterday afternoon informed the pc
titioners that they should nave filed
their petition with the commission two
months ago and before that body au-
thorized The advertising of the notice
Of intention. The notice, according to
Attorney Dininny, must contain spe
cifc information as to the character
Of the paving and only one kind can
be advertised for. The state law, he
says, prohibits the advertising for al
tentative bids for street paving. The
notice OF intention called for "as-
phalt'' pavement.
May Yet Use Utah Product.
Attorney Dipinny said that the city
could have the Utah material used,
provided the city cared to assume the
risk of suit by abutting property own
ers who might object to paying for an
improvement which was not specihca
~ advertised for. Jf the work turned
out successful, he held, the tax
payer would stand small chance of
winning in the courts. bat If 1t turned
out poorly the city would be liable.
st. Louis Man Successful.
&. a. Hcmap of ST. Louis. Mo-, Was
the successful bidder for the first paw
ing contracts to be awarded by the
present city administration. He was
given the work in four of the five paw
ing extensions for which bids were
opened few days ago. The Bird-Men-
denhnll company of Springville was
given the contract for the fifth exteu-
sion on which Mr.. Henlan's bid was
not considered on account Of irregu-
larities in his tender affecting the larg.
or portion Of the work.
The contracts awarded to Mr. He
man, comprising work on Third West
street, West Temple street, Ninth
South street and Fourth South street,
and known us extensions rs. 49, so and
81, respectively, aggregate total of
S16S,922.So, which is s5S, 1859 less
than the engineer S estimate for the
work which was based on the average
cost of the same character of work in
1911.
Springville Company Gets One.
The contract for the fifth extension,
known as No. "a, and including some
new paving and large amount Of re.
surfacina on Second South street, was
awarded TO the Bird -Mendenhall COM
pany, its bid of slo.7ee.S9 being low.
On this work the engineers estimate
was sll,605,45, and the contract Ell
fects saving of $805,56.
The question of whether or not Utah
asphalt would be used for the work
was left open, although Mayor Samuel
c. Park explained that it had been the
disposition of the commissioners TO use
the home material when the bids were
advertised for, providing that thore was
not too great difference in price and
also that it could be shown
that the Utah material had the same
wearing qualities as the California or
other products
Petition Is Presented.
The petition of the local organiza-
tions md 1900 residents was presented
tn the commission yesterday by Thomas
Homer. q local real estate dealer, before
the vote awarding the contract was
tAken.
Mr.. Homer said that all Of the names
had been obtained within two days
and that the committee felt that 80
Dor cent Of the residents would sign
such petition if time were given to
see them. He explained that fths 2,
G. NJ I. and other prominent local in
,titutions as we'll as the presidency of
he Mormon church, were among the
'igners.
7'Did 2. J. Moran sign3" asked
(continued on Page Thrae.s