Show VICTORIOUS I IN PAVING SUIT I Court Holds Hords That Missing Items in Hemans Heman's Bids Do DoNot Not Disqualify Them OMER MUST PAY COSTS u t t Louis Contractor May Now Construction of Street Extensions Pull PITH OF THE TilE DECISION There lbert II is no question but what a corporation or a private Individual l under the facts as ns they to the city commission com coin mission would haTe bare accepted bid 1 l cannot c understand under what principle the city Authorities be bo hampered tiny fillY more than the officers of or a 11 private corporation corpor atlon ao so long long- m as th J the principle prin ciple of or com competition and pre for the city all the benefits derived from froni that that that- Holding that there was no evidence unfairness fraud or collusion on the art rt of anyone co connected with the thew w warding of ot contracts to 0 O. O A. A Homan Heman or r street paving in Salt Salt Lake Loke and hat bat the city has the right to exercise powers In accepting bids even ven though they be incomplete in mior ml- ml or Dr details when the best interests of ot s city are arc served thereby and the spirit of ot fair competition is preserved Judge T. T D D. Lewis of ot the district court yesterday held that the tho paving con- con awarded Heman Herman are arc valid aUd The decree of ot the tho court was that the suit cult brought by Thomas omer against the mayor maor and city commissioners commissioners' com com- missioners missioners' to restrain thorn thom from proceeding proceeding pro pro- under the tho contracts with Heman Heman Homan He- He man bo be be dismissed and the temporary restraining order be dissolved ed Costs Cost of the ion aol are taxed against Homer t J Hera Hernan Heman an may now start work on the paving vIng extensions as soon as his plant plan t tn can n be Installed The extensions affected b by the suit were portions of ot Third West West emple Temple and Ninth South streets Hean Heman liean He- He man an who left lert St. St Louis his home homo a a. aday aday day or two ago was notified of ot tho the decision by wire ire i ln In his decision the court expressed tome ems curiosity as to what motive could ave Have prompted Homer to bring suit Bult as asa a taxpayer to restrain the eft city from warding contracts on bids represent represent- ng the least cost and consequently the least east burden upon the tho taxpayer but he remarked that the motive had no bearIng bear- bear Ing ng upon the case Homer the plaintiff in tho the action when hen seen after the decision had been rendered said ho he did not know whether he e would woula attempt to proceed an any further fur tur- ther or not He had not yet consulted Is attorney |