| Show n f I f MINE COMPANIES L t ENTER PROTEST 4 f. f 1 11 y I I. I r y Say Bay Action Proposed by hy Git City Ii Commission to Close CanT Canh Can- Can I h yon T Highway Is Unfair k kt hm I r t X READY TO SHARE COST Bs ti Say Roadway Not in Good 1 Condition Despite Large 4 Expenditures i W H Bramel city land and water attorney completed yesterday the complaint com corn pl plaint Int he was directed b by the city commission commission com corn rif mission to draw against the company n and Boston Mining Develop Develop- r ment company asking for an Injunction ot ion tion to restrain them from using teams j in Dig BUT Cottonwood canyon but It will not ot be filed until tOday Mr All' Ir Bramel stated that the commission commission commis commis- sion Instructed him JIm to dela delay filing the e t 1 action because the mining companies had made a request for twenty-four twenty hours' hours time in which to obtain samples 1 of ot the thc water in the canyon canon and to obtain ob ob- ob- ob 1 tam tain analysis thereof for use In their defense TIle The following proposal from the Cardiff and Boston Development companies com corn banks will be sent to the cH city commission commis commis- 1 sion slon today for tor consideration consider Companies Proposal To the Honorable Mayor and the Board of oC City Commissioners of Salt Lake 1 City blah and to the Board of ot County Count Coun Coun- t ty Commissioners of or Salt Lake Coun Coun- ty 13 Utah Gentlemen We Ve We have been boen advised In the public press of this city of ot the intention of the honorable city com commissioners commis of Salt SaIL Lake City to attempt to toti ti i dose close the public highway through h Big Is Cottonwood r canyon in Salt Lake count county to 0 teams hauling hauling- ore from and supplies o to the tho mines situated in the canyon canon c and territory immediately adjacent I thereto In view of the tie importance o othe of or orthe the situation that will arise by reason c of ot such proposed action the Cardiff 1 1 Mining Milling com company pan and the BosI Boston Bos Bos- I ton Development company compan operating w what at are arc known as the Cardiff Cart Car- Car t dill diff mine and the mine desire de- de Eire sire to Ho present to you ou certain of ot the I J views jews that we hold relative to the 11 transportation of ores res from those mines j It und and of freight to lO them in connection 1 rh with the ten tender er which we make In this La I-La l 17 letter I It will wilt he remembered that In the I eU spring of ot this year complaint was was' made of the condition of the roads In Ina a Bio Big Cottonwood cl canyon on during the summer sum- sum mer iner and fall faU of ot 1 1915 Hi both because it was certain that it was difficult for tor automobiles to make the trip to Brighton with case ease and because it was I asserted the use of teams upon the road in some manner polluted the stream i which formed a part of the city water supply You will also re remember remember re- re member that cur companies were more r r. r than willing willing- willingto to join in an any movement t that promised to improve the condition j of ot the road for automobiles and assuming assuming as- as a p pt suming the public health was in any t v A way affected b by the use of teams on onI I if the highway we particularly desired to I 1 Ti obviate late that danger danser I I Joined In Fund I With this end in view our companies companies com corn joined with vitti you ou in iii subscribing to a a. fund amounting to to be expended so 50 as to make it possible for tor forus forus us to transport our ores to market and our freight hl to the mines without using I teams You will also remember er that It ItI I was contemplated at that time that the USe uso of ot track layer laer engines of ot ninety horsepower capable of drawing twelve I ton six trailers rs each would make it po possible for our companies to completely com corn t p abandon the use of or teams and that the road should be placed in such condition that this equipment might mig be beL L used Each Cach of our mining mining- companies I I subscribed and paid the sum of ot t toward the fund and the balance was c contributed b by Salt lt Lake City and Salt SaltI I Lake county and the county undertook undertook undertook under under- took the tho Improvement of or the road and 0 the tho disbursement of or the fund in a accordance accord accord- cord cord- ii ance with the terms of our agreement L You will also remember that it was i contemplated both by these minin mining 1 companies and b by th the city and the theIl county count that a n. greater sum than might mig be n necessary In 1 that we might use the track-layer track engines and andr r trailers With this in view a n contract I signed b by the city the county the CarI Cardiff Car Car- I diff Mining Milling company and car I the Boston Development company compan was wan so drawn as to include the clause which I wo quote k Now therefore in consideration n of or orthe I the pa payment ment of or said sums of money by said Raid parties of the first city second I Cardiff an and third Boston Doston r Develop ment c company parts the party of the thet 1 1 t fourth part county hereby agrees op oi 01 or before June 1 H 1916 to widen I. I straighten grade g and improve said eaid r road between said points and if deemed t necessary b by the party part of or the fourth t part to tunnel Jones' Jones Hump and to repair and construct bridges so that said road may be he used b by motor tractors trac trac- t tors rs In the hauling of ot ore from Crom the thes' thes s' s 1 I mines of the parties of or the second and third parts such work worl to be done so 4 that on Its completion said road will 1 k accommodate a n track-layer track en engine lne of ot ninety horsepower with a train of ot at nt least twelve ton 6 trailers it be beIn being be- be 0 In ing understood d and agreed that if It thirty thousand dollars Is 18 InI in insufficient in- in I sufficient lent for the tile doing of ot said work worl J and its completion for use uso by motor tractors that an any additional sum which In the Judgment ment of the parties hereto ri is necessarY for such completion will willbe willbo be bo paid in the same pr proportions In ins which said aid thirty thousand A s It dollars is contributed contributed- And said party L I AI cf the fourth fourth- part hereby heleb agrees to maintain said road after the tho Improvements improvements improve Improve- ci ments above mentioned have been made In proper condition for the thc use useI I thereof b. b bv by such vehicles chicles and to keep said Stid road properly and a adequately sprinkled Not In Condition There is no question but that the count ha has expended practically all of if ofA he the i on the road There Thera is equally no question but that the road has not been nut in condition such that track layer en engines with the trail- trail trailers em ers rs ml might ht be used In these statements we do not intend ln- ln ten tend to criticize or review the manner In n which the money mone was spent but merely merch t tt to call attention to the fact that hat Its expenditure did not accomplish the he contemplated result The mining companies believing that the road would be so improved as to accommodate date late this obligated themselves them them- selves elves to spend larKe sums of or mone money in n order that the necessary equipment be placed d upon the road This equipment equipment equip- equip ment nent attempted to go J over the thc road that hat the tho county count had made with the fund und subscribed Without going oin into the he disastrous details of the mont nent we wc say without fear of oC contra- contra diction that although h the tho money had been spent pent the result which was a contemplated con- con was not attained In brief the ho road was not placed In such condition con- con as would accommodate the con- con result Necessarily the mining mining- com companies and nd the city and the county must pro- pro proceed proceed eed to spend more mone money to put the thero ro road oad d In condition than contemplated It t is provided In the contract that an nn additional sum which in the judgment o of f the parties hereto Is necessary for sUCh uch c completion will be paid In the same proportion in which the said 30 O- O 00 Is contributed The mining com com- panics are willing and hereby offer oCter offero to o pay to Salt Lake county their proportionate pro- pro part PaIt of ot an any sum of ot money that hat in your jud judgment ment ma may maj b be ary sarv for the completion of or the road so o as to permit of oC the use of the tho tracklayer track track- layer ayer engines eng of oC ninety horsepower with a train of ot at least twelve e ton 6 trailers The TIle mining companies furher further fur fur- ther her offer oer to you if you ou deem it ad- ad Isable for r the purpose of ot making up your our own jud judgment ment or the judgment of ail all tho the parties to tho the contract to meet with you and with their engineering engineering engineering engi engi- service or In any other way that hat you may mav su suggest est to estimate what the he cost of ot fulfilling the said contract will vili be In fact tact the mining companies compa- compa iles nies hereby offer to perform the con con- C n- n i tract permitting the city and county to o determine themselves with or wIthout without without with wIth- I out the assistance of ot the mining mining- companies companies com corn panics the amount that will be nl necessary nices ces- ces san ary to prepare the road for the tho use 1 O 0 of the track layer en engines ines of ninety horsepower with a train of oC not les than nan twelve t 6 ton 6 n trailers and stand 1 read ready eady to assist in determining th the thea a amount m 0 U at Coil Call It 11 Unfair Under the circumstances we submit t hat that It Is unfair so long the road L a a as L IS H noi nolo III in 10 LO permit me ne u e of ot the tho equipment mentioned In the contract contract con- con tract for you to attempt to deprive c us of its use In marketing our ur oros urs s by forbidding traffic on the road by teams Particularly do we wc submit that this Is It unfair in view of the thc fact act that it has not been determined that the water of Dil Big Cottonwood can canyon on I is IS' now or has been more conducive to illness or disease disease dis dis- dis ease than other w waters ers iu used ed h by the eft city ity Furthermore we wo submit that so soong long ong as as- wo vO arc are willing to do whatever r wo may in improving tho the condition of ot the he road whether it bo be with ith a a. view of protecting the health of ot the public or contributing to th the tho comfort of automobile automo bile users that payrolls aggregating agg more than per annum and other moneys expended within Iho ho county of Salt Lake Inke aggregating more than han per annum should he be beaken taken aken from the use of th the inhabitants of Salt Lal Lake e county These figures are arc based ased upon the thc expenditures only of these hese two companies during the last twelve months We Ye make malte 10 io mention of expenditures expenditure made mado by oth other r com com- panics because it II appears that your atack attack attack at- at tack ack is aimed only at ut Uti us In addition to o these figures and not included in them hem Is the item of ot expended I ly y each o of these companies In the Im- Im t of the thc road ott Offer r to Co The mining companies have ha heretofore heretofore hereto hereto- fore Core and by this letter offer otter to ex expend expend ex- ex pen pend In the tIle Improvement of or the roa road so that It will accommodate the equIpment equipment equip equIp- ment mont contemplated uch buch ad additional sums of money monc as may be ne I ICor for Cor that purpose In the tho proportion I fixed In the contract made male between our companies nn and l the city and the county I It was never contemplated b by any of ot us that so long as the road roal was not accommodate tracklayer tracklayer track- track In n a condition to layer ayer engines of ninety hor horsepower pulling a n. train of at least twelve sixton six six- ton on trailers tr the mining companies should be restricted Jn In their use uso of horses This is not nol a matter for tor argument argument ment because the contract provides pro that tho the mining companies will not use es so long IonS as tho the county maintains ho tho road in a condition practicable for tor forthe the he use of or the above mentioned equip equip- m men ment en t. t If the undersigned mining companies com corn panle aro are compelled to 10 completely abandon the use uso of ot the the- public highway by w team teams in the tho transportation of oC their ores arid and freight trel ht within a very vcr short time both will be compelled to cease 0 operations p e rat I 0 Ii S. S None Nono of the recitals of this letter ire are to he be taken as a qualification of ot the tender which we e have vo made mado and now flOW make malec to comply full fully upon our part with t the contract entered into on onI I the day of April Tho The undersigned under under- I signed the tho mining companies mean 1 tills thIs t- t tender of performance un on i part to be absolute and so HO that there may be no misunderstanding w we again offer to contribute each c ch our proportionate proportionate share under the contract of any an moneys mone-I that may bo ho found necessary necessary sary sary to Lilly fully complete the road so that It t will ivill fulfill the tho purposes contemplated plated in the contract Yours very vory respectfully CARDIFF jARDI MINING MILLING G SO O Uy By Ezra Thompson President 1 BOSTON DEVELOPMENT LOP COBY COBy COBy CO II H Vahrenkamp President By Fred red |
