Show 4 THE 1m P ASSEl A Very Stormy Meeting of the City Council Last Evening A RIOT SEEMED POSSIBLE Hsiss and Moran Exchange Compliments About Their FathersInLaw A RETRENCHMENT REPORT Rich Says I Was Altered and Denounces De-nounces I as a Forgery S Doremus Asks for nu Assistant and I Jr ely Criticised Ryans Successor Confirmed Con-firmed Water JJlaiu Extensions Tuo Mayors Powers to Remove The city council had a stormy meeting last night and one which extended until nearly midnight The lie was freely passed between members and towards tho end it looked a ii the meeting would t break up in a freeforall fight Notwithstanding r Notwith-standing a good deal of business was done The decapitation of Ryan and the appointment of Griffin was confirmed The city attorney rendered an exhaustive opinion ou the powers of the mayor in the premises which is of considerable importance im-portance and may be taken as a final solution of a much vexed question City Engineer Doremus asked lor an assistant to whom would be delegated the inspection inspec-tion of the gravity sewer but the council was not in the humor to give Mr Dore mus the desired assistant and the communication com-munication was referred to a committee and that is probably the last that will be lear of it W H Ryan seemed to think he a still superintendent off of-f waterworks a he sent in a requisition for supplies which was sent to the waterworks water-works committee Five men were ordered or-dered put to work t cut weeds A resolution was passed to the effect that all water main extensions must be paid for in full by the petitioners for the same before work would be commenced and it was also resolved that all water script hereafter issued be received uay inent of water tax assessed t the property upon which the script is issued The original report of the retrenchment committee was filed or in other words buried and an abortive substitute passed This with sundry spats and wars of words and the passing of a long list of small appropriations ap-propriations made up the evenings business I busi-ness p The Proceedings The board of education asked that Peach street be graded Committee on streets Margaret Valentine petitioned that the city give her free grade stakes for sidewalks side-walks Committee on streets Slethusalem Thorn prayed that the privilege be granted him of placing a fruit stand at the corner of First South and First East street Committee on streets Robert Skinner notified the council that he had completed the side walk on First South street between Commercial I street and State street and asked that the same be accepted Board of public works J h INVITED TO SAT 1 The Independent Order of Odd Fellows extended the council an invitation to accompany ac-company the order on its excursion toI Saltair on Thursday August 24 Accepted I I Ac-cepted with thanks PUT THE DITCHES I ORDER E D R Thompson asked that Pear street irrigation ditches be put in such condition as to be serviceable and avert loss of trees etc Committee on irrigation irriga-tion and canals ton DOG CATCHERS BOND The official bond of the new deputy dog tax collector Bruce Johnson in the sum of 50 was received and approved H F Duke and P J Moran are the t bondsmen NOT GRANTED The city attorney reported adversely on the petition of Sarah Swift asking thailand thai-land at the northwest corner of lot 6 block 2 plat B sold for taxes be recon veyed to her Adopted A LIES AGAINST TH PACIFIC PAYING COMPANY Simon Bamberger as president of the Metropolitan Stone company notified the council of a len against Salt Lake city and the Pacific Paving company comtny for the purpose of witholdinc in the hands of the council and enjoining the payment of moneys due from the city to the Pacific Paving company the amount of the indebtedness being 962462 Referred to the auditor NEW ROOF FOR TliE JAIL The city marshal called attention to the condition of the west half of the roof on the city jail and recommended that a pjetal root be substituted at r cost of about iO Committee on prisons with poV2r to act i ThE fltAYOB HAD POWER TO REMOVE RYAN The city attorney sent in his report on the legality oi the mayors action in removing re-moving W H Ryan from the office of superintendent Of waterworks which rend as follows The acton of the mayor in removing W I Ryan tam the office of superintendent superin-tendent of waterworks was ac your last Meeting referred to me for my opinion as t t his power to do so I find from an examination ex-amination of the charter this clause section 2J5 page 8 the appointive ollicecs of thecity shall holdiheirofEcesor two years unless sooner removed by the city council This leaves the officer in the condition t be removed any time and consequently his term is not fixed by I law but it may be terminated by the proper authority and falls within the i reason of the decision of the Supreme Court of the United States to be referred to hereafter I may be claimed and no doubt Is by Corns of the members of your honorable body that the power of removal I re-moval is vested in the city council oe I ranse of the language of the section above I quoted 7 and for the further reason that this officer was not appointed by the mayor AB the law stood at the time this officer was appointed power was vested in the council but by the law of 1892 this power was taken from the council and vested in the mayor exclusively ex-clusively Section 3 chapter 1Spge17 laws of = U1S9 j provides HThat hereafter the mayor Bhaliappoiat by and with the ad H I rice and cotwent of the councilall officers 1 I i J C 0 0 p f Q O S3 t r who are now made appointive by said council Section 5 provides That all laws and parts of laws inconsistent with this act are hereby repealed So far as the appointing ap-pointing power is concerned there can be nol two opinions on the point and there being no law authorizing the council to apooint does not it necessarily follow that the mayor although al-though specially authorized to appoint all such officers because the council had filled such office before the law conferring the power on the mayor took effect which was on June 1 1893 cannot appoint another an-other to fill the office I am of the opinion opin-ion the mayor had the right to make an appointment to fill the office in this case and when concunted in by the council the appointee becomes the incumbent of the office and a there cannot be two persons in the same office at the same time necessarily the former incumbent in-cumbent is removed There is another phase of this case which presents itself and that is whether or not unless the term of office be absolutely fixed which it is not in this case tho appointing power does not necessarily have the power to remove and i the power to remove is an incident of the power to appoint whether section 245 is I not in conflict with the law of 1593 above quoted and therefore repealed by that act In the case of ex parte Duncan M Hennen 1 Peters United State Supreme court page 230 the court uses the following follow-ing language after discussing the case in the different phases on page 259 LIn the absence of all constitutional provisions or statuary regulation i would seem t be a sound and necessary rule to consider the power to remove as incident to the power to appoint I 1 This power to remove from office was subject much disputed and upon which a great diversity of opinion was entertained enter-tained in the early history of this government gov-ernment This related however to the power of the president to remove officers appointed with the concurrence of the Senate and tho great question was whether the removal was to be by the president alone or with the concurrence of the Senate both constituting the appointing ap-pointing power No one denied the power of the president presi-dent and the Senate to jointly remove But it was very early adopted as a practical practi-cal construction of the constitution that this power removal was vested in the president alone This decision cites many of the state courts as authority where the same construction con-struction was placed by them upon similar simi-lar language in the state constitutions I do not think there is or can be any doubt ot the power of the mayor to remove re-move in this case It is in consequence I of the following language used in section i I 245 Unless sooner removed by the city I council as before stated Is not this In conflict with the law of 1893 It would seem so when we take into consideration that in 188S when section 245 was adopted the appointing power was in thecity council I While there may be some doubt on I this last proposition I am of opinion that the action of the mayor in this matter is proper and legal Respectfully submitted sub-mitted E D Ho < 3E City Attorney Filed THINKS H IS STILL SUPERINTENDENT W EL Ryan as superintendentof waterworks water-works sent in a requisition for supplies Hardy objected to the requisition being honored on the ground that Mr Ryan was not superintendent of waterworks and it was referred to the committee on ivaterworirsWANTh WANTS AN ASSISTANT The following communication was received re-ceived from the city engineer To tbe Honorable President and City Council GEE I beg leave to represent that to this time I have had no representative repre-sentative upon the work now being done on the gravity outlet sewer that the details de-tails of this work are being done under the supervision of inspectors approved by the board of public works and that the work being done by the employees of my department is only that of setting stakes to guide in tho matter of line and grade and has no reference whatever to the materials and workmanship employed em-ployed In the appointment of inspectors 1 had hoped to have some voice in the selection se-lection of at least one man to act as chief who was qualified to represent both my department and the board and so save the cost of one man Being disappointed in thisI have since given the work all the I personal attention which mv other duties would allow But this is not sufficientand I therefore ask for authority to employ an assistant whose duties will be to remain re-main upon the work constantly and see that every detail is properly executed the same as was the case during construction construc-tion on the Parleys canyon conduit Among the reasons which prompt me to ask for this addition help are That ram held equally responsible with the board of public works for the proper execution and ultimate effectiveness of this work and while they have five representatives rep-resentatives on the ground I have none that the representatives of the board i antagonistic tOj are at least not in sympathy with my view of what the specifications spec-ifications and contract require and although al-though they are instructed by the board to carry out the work under my direction it is unreasonable to expect that this will be done when in conflict with their own views unless I am in constant attendance or have a representative on the work who is in accord with me and in whom I have confidence relations which unfortunately unfortun-ately for tho work do not exist between a majority of the inspectors and myself my-self at the present time and furthermore that it is unfair to hold me responsible for work done under the conditions which practically prac-tically deny me any control over its execution exe-cution In conclusion I desire tosay that i this Work shall be done in strict accordance ac-cordance with the requirements of the specifications and of the contract it will be effective and enduring Otherwise it may result in disgracefui failure and in view of this I trust you will not deny such assistance as is necessary to Insure its proper execution I however your judgment should be against employing this additional help then I ask that the whole responsibility bo placed upon the board of public works who have a full corps of representatives and that my duties in connection with the work be limited to that of furnishing the required drawings and setting the necessary stakes thus relieving me from any responsibility as regards the material workmanship Respectfully uA F DOREMUS City Engineer Horn opposed the granting of the engineers engi-neers request for an assistant and said if Doremus is not competent he should resign re-sign He had got at loggerheads with the board of public works and now came sneaking t the council He hoped Do remus was listening to what he said I he cant inspect the sewer himself whats ho here for Bell The engineer ia a very competent officer It seems to me this matter I should have careful attention It rests with the council t either turn Doremus down or uphold him Ho is responsible lor the completing of the sewer in proper shape and he should be supported Lawson 1 am not aware that the engineer en-gineer has given a bond of 0 or 600000 as a guarantee that the sewer will be properly built I should like to see it i he has He has made other mistakes mis-takes notably in the grading in front of the Jennings property Did he make that good I he has I should like to know it Hardy To the ability and thorough neesvof tIe engineer we are indebted for winning the Parleys Oanyca suit He ias not come t thecouncil in sneaking 1 way at all but atrafghtforward aua manly He 1 good and comp t offi Continued on pago 53 1 f a a u Q 0 = 9 o > THE LIE PASSED c Continued from page 11 cer and deserving of every consideration at our hands Heiss There is one member of the council Horn who always ridicules others when he gets opportunity Mofan rose to a point of order and the chair ruled Mr Raise outof order not orer speaking to the quest n n Evans The board of public wcfrks has r come to the conclusion to oust Mr Dora I mus The engineer is an officer who has i proved his efficiency and is too good an officer to be removed by men who like f some in this council are totally unfit to judgment on either him or his work Doremus reputation is worth more to him than the whole sewer to the city Horn Eats Moran Tuttut Finally the communication was referred re-ferred to the spsoial committee on sewers sew-ers GRIFFIN CONFIRMED RYAN BOUNCED Under a suspension of the rules the communication of the mayor submitted at the last meeting appointing D S Griffin superintendent of the water works I vice W H Ryan removed was taken I up Moran moved that the appointment of the mayor be confirmed Beardsley moved that Ryan be suspended sus-pended pending the examination now in progress but the motion was not seconded Heiss moved as a substitute that the removal of Ryan be confirmed HornAs the city attorney has reported that tho mayor has power to remove I suppose the council must confirm and I am willing to let it go at that because we cannot help it It would appear that the public had condemned Ryan without a hearing and so had the mayor Rich If we dont remove Ryan before confirming the appointment of Griffin we will have a law suit on our hands for Ryans salary until January Moran The mayors reason for removing re-moving Ryan was not on account of any reports in the newspapers or because of charges of dishonesty The mayor removed re-moved him because he was shirking and neglecting his duty Here the little senator sen-ator commenced to make a political harangue and said that at the fall elections elec-tions the opposition would come up and point to Janney Kesler Ryan etc as samples of Liberal officials and the decapitation de-capitation of Ryan had better be confirmed con-firmed at once so as to show the indignation indigna-tion of Liberals with his conduct It was however drink that ruined all these otherwise good men There waa long debate then on the question of wherhej or not i action was taken according to the tenor of the mayors communication Ryan would still be superintendent of waterworks Finally Heiss substitute was put and all members voted in the affirmative except Horn in the negative and Simondi excused ex-cused Morans motion to confirm the appointment of Mr Griffin was then put and Carried by a unanimous vote THE WEEDS MUST GO The committee on streets recommended that the suggestion of the supervisor of streets that five men be appointed to cut weeds be acceeded to Mr Richl object to this because last year three men were appointed to cut weeds one of them was a foreman who sat under a tree in the shade in a buggy and did nothing up to Christmas or as long as the sun shone Moran Cut down the tree SimondiUnder what administration was the system of weed cutting inaugurated inau-gurated > HornAbout four years ago Formerly the weeds were allowed to grow as they pleased Adopted ABOUT WATER SCRIPT Heiss offered the following I Be it resolved that hereafter all water main or lateral extension must be paid for in fun by the petitioners for the same before the work of laying the pipes of such extension shall be commenced and that all water script hereafter issued for the extension of any water pipes shall be received in payment for water tax assessed or chargeable to the property upon which such Script is issued and for no other property or water tax Referred Re-ferred so the city attorney to draft an ordinance A NEW RETRENCHMENT RESOLUTION Evans offered the following Resolved That hereafter no officer in charge of a department or any employee of the city government shall be permitted to contract for or purchase any tools or materials which may be required in their department before submitting proper requisitions re-quisitions therefore in writing to their respective committees who shall inquire into the same and report their recommendations recom-mendations 10 the council and in all cases requiring an increase of the force of such officers to obtain the consent and an groval of their respective committees before employing the same and be it further resolved that all employees who are engaged and paid by the month shall be excluded from the operation of the eigbt hour ordinance and that the heads of departments shall in working unskilled un-skilled labor change the force each alternate alter-nate week unti the further order of the council and be it further resolved that the furnishing of private conveyances feeding horses or caring for the same for the heads of departments or any subordinates subor-dinates in the city government be discontinued dis-continued THE PUN BEGINS RichI suppose this is meant for a retrenchment re-trenchment report but all the retrenchment retrench-ment which has been done is to lay off a few poor men at 2 a day who have families fami-lies to support The men who could afford af-ford to take a lay of were working constantly con-stantly some of them seven or eight days a week GETTING PERSONA Hiess There are members of this council coun-cil who object to retrenchment because it would lay off their relatives There is Moran whose fatherinlaw has a positions posi-tions on the sewers has done no work for six weeks but draws his pay every week There is Horn who asked that a certain man be not laid off because he is boarding with him Horn objected on a point of order and was sustained by the chair HardyEvans should be ashamed to Introduce such a resolution I is done solely to kill the original retrenchment report was some good Kelly was tired of what he called gallery gal-lery talk and wanted to get down to business Evans The resolution is almost word for word the same as the report of the retrenchment re-trenchment committee as far as i goes I want the retrenchment to begin and this will start i Foiland The effect of this resolution will be that extravagance will be increased in-creased instead of lessened THE LIE PASSES Moran said he had a fatherinlaw working for the city and he supposed i would be necessary for him to get a divorce di-vorce to please some people Mr Heiss also had a fatheriniaw who worked in one of the city additions last summer Heiss Its a lie ChairmanOrder order gentlemen Heiss moved an amendment a follows That no head of department be authorized author-ized to discharge any employee without consulting the committee and the committee com-mittee be authorized to discharge when necessary Amendment laid on the table The previous question was called for and the resolution prevailed Beardsley Bel Evans Horn Kelly Lawson Moran Mo-ran Simondi and Wantland voting aye and Foiland Hardy andHich no NEARLY A FIGHT Moran then moved that the committees retrenchment report be taken up Motion Mo-tion prevailed Moran immediately moved that the report be filed Foiland called for the reading of the report and the recorder waded through its long and numerous clauses after wbich Rich Simondi Horn Moran and Foiland almost simultaneously jumped to their feet in an effort to be recognized by the chair which had been taken by Mr gone Beardsloy MrrLoofbo aron having DENOUNCED AS A FORGERY The chair recognized Simondi Rich P c > f j D t i waxed very wroth and declared that if 1 that report was fed the members would bo filing a forgery Since the mayor I signed it changes and additions had been made to it by members ot the council and i the report now was a rank forgery said the gentleman from the Third precinct The Chair Take your seat Mr > Rich I Rich This is a regular choke game I shall insist onbeing recognized by the chair a The Chair t have recognized Mr Simondi take your seat Mr Rich Rich grabbing his hat and striding toward to-ward the doorTo hl with it Do you think I will be choked off Not much After Richs exit Simondi moved that the report be fled which was carried Hardy and Follancf voting no Heiss and Rich both having left the room And so died the report of the retrenchment committee com-mittee APPROPRIATIONS The following appropriations were made Rich Hardy and Melee voting no GIdScottCo 8 o BO Salt Lake Hardware Co 2 WLPloksrilCo 40 00 KellyCo 5 0 MasonCo 1 6 J Farrell 2033 Spencer Clawson Co 2 S6 Spencer Clawson Co 7 s R M Jones 500 Sears Ltddlo Co v 863 Salt Lake Hardware Co 10 01 Ke1iycCo 1010 Mountain Ice Cold Storage Co 21 r Moritz k Greenwood 875 Heescb Davis 1 Co 898 A W Caine Co G 3 F Auerbach Bro 2 Co Auerbacl J 1 C Murphy Co 1 73 Deseret News 1500 Tribune Publishing Co 59 70 Tribune Job Printing Co 4 0 Herald Publishing Co 1750 A Y CalneCo 0 C H Parsons 370 W OPaveyCo 1 0 GMScottCo 3 Holy Cross Hospital 130 Battiweli 1 Co 5J5 87 Mason 0 45 8 BathWOU CO 5726 S LH CO 1 10 P F Robinson 46 LHCO 182H AWCaineCo 12 5 Sykes Drug Co 2 35 Wolstenhoim Morris 403 GALowe 62 60 G M Scott 10575 Sykes Drug Co 175 Sears LIddle 85 T a Armstrong 16 20 W Morris 42 0 MasonCo 44 10 Klipple Robinson 5 5 George A Lowe 8 15 W L Plokard 5 40 Consolidated Implement Co 1 2 J T Harlow 1 0 Kelly c Co 1200 Sears Liddle te 95 CorsInCo h 20 8J Morrison M 18400 Salt Lake Hardware COh 1545 I G M Scott 3745 Cunnington Co 3 G G1 scott Co 200 A J Pendleton 2 C Matson Si Ole on 9 00 90 Adjourned till Tuesday evening |