Show VETOED BY THE MAYOR Mayor Glendinning Carries Out His Foretold Intention In-tention ON THE LIGHTING CONTRAC His Objections Not Based Upon the Price But He Claims There is a Dark r Scheme on Foot in Which the Salt Lake Ogden Gas Electric Light Company May figure The Message a Voluminous One Its I Text a Written Eascally Service Alluded to in Its Expressions Mayor Glendinning has vetoed the contract with the Pioneer company for lighting the city The veto message which was filed with the recorder yesterday yes-terday is somewhat extensive and the reasons given are many The executive does not allege that the price i too high on the contrary he makes an exception ception in the opening of the communication communi-cation in this particular To attempt to cut down the veto and present It In a concentrated form would be to rob It of some of its juiciness so it I given as written THE VETO Salt Lake City June 21 To the Honorable City Council Gentlemen heexUth return disapproved disap-proved the lIghtIng contract between the city and the Pioneer Electric Power company adopted by the council on the 35th Inst My allure to approve is not beause the price is unreasonably high but for the reasons following Tho contract is not In my opinion such a one as affords such protection to the city as it I entitled to Some provisions looking t that end were originally inserted in-serted by the city engineer and were afterwards af-terwards stricken out at the solicitation of the Pioneer companys attorney This Is in fact a contract dictated by that company The conditions stricken out or changed are as follows Plrst That the city might have the I i right to renew the contract from time to time for nine years This is entirely eliminated I Second It wa originally provided that the lighting should not b sublet to any other company and that the contract and i tho money which might become due under un-der it should not be assigned This has bee changed in such manner as to permit per-mit these things to be done with the consent of the council and She effect of such change Is to open the way for subletting sub-letting the lighting and assigning the lettng contract In whole or in part to the Salt Lake Ogden Gas Electric Light company com-pany There Is no use in attempting to disguise Tere fact that this Is the object ob-ject of these chanirt and with our past experieice with this corporation especially espec-ially during the lighting year just expired ex-pired i must be apparent that the city cannot and will not secure the service to which It is entitled from the latter company com-pany I 1 not stating the case too strongly to say that the light furnished by that company to the city corporation and commercial users during the past five years and particularly during the past year yea has been a delusion and a fraudS fraud-S and it is quite eident to me that It is intended by this contract to continue con-tinue the same raally service in the future future Indeed it is provided by the contract that the Pioneer company may use lfl of I the lamps now in use by the Salt Lake J l 3nn rtrtrviT nrtx anil I will not SUrpriSC any u intelligeu UUlm person In this n community were the whole antiquated plant and liranliernaJia of this company including poles and wires to ie continued il use during the three years I has to run duri That such Is the intention of the com Tat hereinafter ferred to I have no manner of doubt and it is a duty restIng rest-Ing upon your honorable body to protect 1n municipality against such an impo eltlo k ThirdThe tenth section of the contract Thlr that ques as originally drawn provided qUlS orlgnalY tions of difference or any controversies rich might arise between the city and l the contractor in reference to the performance It per-formance or nonperformance of the worK to which they relate should be referred to the light inspector to be appointed by the city and his decision thereon should be conclusive upon both parties This provision has been entirely stricken our prislon so that except for the bond of J10000 which the contractor is reQuire to give for the faithful performance of the work there Is absolutely no guarantee in this agreement that the city may obtain what It contracts for In a contract of this kind a bond does not adequately protect the city for the reason That if the contractor terms imposed with the fails to comply tractor cmpl fais t posed < upon it recourse to the bond would pOSEd simply Involve the parties In years of litigation and pending an adjustment in that way the city might be continually and be help imposed upon as in the past lers e avail itself of contracting with other parties There ought to be some provision in the agreement whereby either the Inspector the city e engineer or other competent per tty > matters of difference arbitrate son may arbnrat maters diference between the parties and such arbitration arbitra-tion should be conclusive on both ton should also b provided that if the contractor fails to perform his part of the work as required by the agreement that council may at its option revoke the city councl Is oDton voke the contract and that In such case the contractor shad have no recourse upon the city by suit for damages or otherwise These are provisions which are commonly inserted in contracts of inserle this kind and I can imagine no valid reason why they should not obtain here Fourth It II a mate of public notoriety torietx that the Salt Lake and Ogden Gas and Elect c Light company the Pioneer Electric Power company the Citizens Electric Light company and the Big Cottonwood Cot-tonwood Power company have formed or are about to form a combination or trust are the object of which Is to control the production pro-duction of electricity and gas in this community com-munity and by such control dictate the prn piy t which these commodities shall I pri t t be sold These are the mcrtns adopted to r sol I comp > tilon and sender the public I dr lie subJect to the combination as to what price shall be paid for hew necessities neces-sities In this asnect it tl is not always of I tt the first nl importance that the I jtrice of nn il may be lowered for the time 111 Inn because it K i usually in the power I of tt combnaton to raise I and the I iJtinnte result it s disastrous as well as reul I dangerous to the well beinc of the com j jnunit by the offensive aggressive and j unreasonable exercise of the great power that combined capital enables these trusts to wield Mere reduction In the price of municipal lighting reucton mt dearly paid for bv the t d assessim of unreasonable charges upon If am ex rv comir3rcnl user in this city and t the absorption of the control over these t necessities by an all powerful combination combina-tion of capital Hut i may be answered that the franchise j fran-chise of the Pioneer Big Cottonwood and Citizens companies limit the price which the can charge for city and commercial lights That Is true hut there Is not no-t such limit upon the Salt Lake and Ogden Gas and Electric Light company and because of this i would only be necessary neces-sary for the companies which are limited as to price to refuse t bd and the Salt Lake and Olden company would then I bar a clear field I and at suob jrice a I l f the combination I desires to imse r The tatt has set Its face against such I 1 combinations Its public policy as ex Pressed In the statute book may be I found In the session laws of 1896 page 12 > wherein I Is made unlawful for any person j per-son association or corporation to combine I com-bine for the purpose of controlling the output I or regulating the price of any I article of commerce and declares all con i inictfa and agreements made for such I I purpose to be void and provides for a forfeiture of the corporate rights and I I franchises of any corporation which shall j I become a party to any such combination for I trust I In view of this law and all the surrounding I sur-rounding facts and circumstances In connection con-nection with the corporations engaged In i I i this wool h should the city ilc aid the I itCOt i combination by ft It this contract I and assisting I in foreclosing the rights of the inhabitants of this city to have I light heat and power at reasonable rates jllhr future Rathef should it not as trustee for the nublc protect the community I com-munity by refusing to treat with the unlawful awful combination and award its contract con-tract to some company if it can be found I that has some regard for the nubile interests In-terests I cannot give my assent to any contract which wilt be the means of aiding any combination which will resort to devices for the avowed purpose of curbing competition com-petition and maintaining rates notwithstanding notwith-standing the municipality may reap what appears to be a temporary advantage In the Dice of street lighting Very respectfully re-spectfully yours JAMES GLEXDrNNING Mayor I Is thought the veto will be overruled over-ruled and the contract adopted at the session of the council this evening This veto was expected and predicted by members mem-bers at the last session because the city attorney was ignored in the making of the contract However time will tell as to what acton xvill be taken in the at premises any rate The vote will be a close one |