Show DOOLY TO RESIGN Ifltelczt cro FicaFi PCftcting Mayor Buckle Holds That Chairman oAND Ri 7iB < > > deri ICdflt of Board or Public Works Is Disquali flo I tE fied by Relations With Contractors orFEnS < Id Cet t tricLI SLIr3ry mmunkalion Sent by Mr Buckle to Mr Dooly Last Evening l P I Calling Upon the Latter to Resign by 230 Oclock Monday iro IVIgh J AftcrnoonAction Is Based on Opinion Obtained From Law k l Firm as to Effect of Suretyship of Trust Company 2nl1 soulh r 10 ilO It N HIGHt HOOO ood car dow II Acting Mayor Buckle last evening IJI Ifncl Inalled to Chairman Dooly of the Board IeI ou ealng d e4F1r 0 lublc Works a communication call L af ho Ilig for the resignation of Mr Dooly II all 1 1rW ftflj requesting that the same be handed I in by 230 p in on Monday The i i I Ion I I AT offer GU mounds of Mr Buckle for this action n or Ctli s M slaled in the note are that under st 5trtcuTj Hie law Mr Dooly is disqualified from I I Cl Irtrgl lng a member of the Board of Public stonccap yjjorks for the icason that he Is a stock lC hOlder and an officer in the Ulah Say I i I nll South OmT and Trust company which com Inient In t t j5ny is on the bonds of a number of ing lot 4 contractors who have contracts from 1m I O tlfe city amounting to < about 120000 ro a for the faithful performance of the con r McGurriU tracto In addition to the technical le gui objection Mr Buckle states that O lBmCK in his opinion It Is not for the Interest j IflOrdert vlhe city for anyone who Is so sit I t or a gllti juatcd to be a member of the Board McGurt o Public Works which lets the contracts I con-tracts and supervises the work lUNG I1 W ACTING MAYORS VIEW norlh 4 FritS Mr Buckle said last night that he Frlbr 1uld not taken this step hastily that have morefPr some lime he had been of the opin ly other ajj Ion that Mr Dooly should resign and 4 That for two or three wceks he had a st cur t resolution bearing on the subject which j sold 4he Intended Introducing in the City e at 1e Intcnde ottagc ri te Ganell but refrained from doing s usc nnclai u t he had thoroughly posted himself Jne 11 Ice 15 on the situation He made Inquiries era brick cz lie said and found that Mr Dooly was t i j iLiI large stockholder in the Utah Savings Ick od i reside Sav-ings and Trust company and also that I AnaI a ings trust company was the financial look at hi Hacker of some of the contractors He on First b3thcn obtained a legal opinion from tho really wortlaw firm Of Powers Straup Llpp 4 cfllC JHsinhn as to the legality of Mr Dooly I ISO k5jlicjng 1 Board of Public JlCJg a member of the Publc Works under lht circumstances The I ELLANE opinion being confirmatory of his own pniOn I Mr Buckle says hethen t felt St tobe his duty In the Interest of the 4ROOM I 11 ubjC to take the action he did after 5 p Cjj in case t Dooly withholds hfs res MINGTON ftlsnatlon Mr Buckle said he was not tlon pcrfedrprepared to say what further steps Ilon rcpalct well i 75 WeSvipuld i be taken but said he the tenor Jjo the note calling for the resignation NKW Indicates that further action will I betaken remple kcn pic THE LEGAL OPINION tFVAND The opinion of Power Straup ioniH PJLlppman regarding the legal point os 8 lfisi J alscd ls as follovs cl 11 Fur dim Stilt Lake City Utah Jan 1 I J1 C Hon Goorrro Buckle Acting Mayor Salt 41iSke Clly Tlali In re pone to your In r 2nd SoulwTnuln where you substimtlally ask Is It SoutImJlo ul for a i member of the Board of Pub TILE BUJ Ip Work to knowingly aid In letting a itry to BsHtcpntract for public work for the city lo or farm ififbno Upon whose bond of tho latter for the r good stort faithful performance of such contract a call at H siicli member of said board Is a director JFind stockholder of a corporation who Is rr ur < ty therein and which said 1 corporal corpora-l PJANO tjon advances and loans to such said con egani BJatractor the nnd II utcoAKary flnoneys means J172 Qi MW An proscculo and carry on said contract special tTdXfvvork and If such member has repeatedly emplc of X niid knowingly participated In Mich pro iirtrt 11 Mrra tn nVl ft J I a t o I n x Irvtnrr I lev I I AJlfclnt h cause for his removal u < I we e have It1ASlJlto i4i compD f Section 2S5 Tleiscd Statutes oC Utah R i on pa yVl33 provides Ibnt the chairman of such 14 or call Aboard 1 Ihe Board of Public Works shall Puhlc IoON caB ilcvoto all necessary time to the per eat McrniB fprnuinco of his omcinl 1 duty nnd no mem bcr of such board shall over be directly 5J1 Indirectly Interested In any contract c LOO indlrccl Inlllstcd 1 I S L hu3lnHS ntcrcd Into ° l > thni on behalf of such b I 5Inlcnltrtd t14m fir = tTVO 1 tfiJJ Jt nor hall he be interested either ill 5 rc3 riCtlJ or Indirectly In Ihe purchase of any a r vnr ns tTnViralni rsmnterlal to be med or applied in or about j phralr at0 b this tt1c ue or purposes contemplated by 1 > pBRB Al chapter 1mp05c5 iprelal strettMVvo think under Ihe I nlx > vo provisions le Tfiiich said member is 1 hoth directly and rAN P Ja < llrcell Interested In such said con o Uijict J The corporation advances and loans v orc icjjrioney to the contractor IL Is a surety L3t rn orb UjOfl his bond for the proper fulfillment 1 y nrnihan cfir lllc terms of the contract and for tho ondha seconu > fiTroper performance of Iho work nnd Is r > 32 Jiillablo to the city for brenchrj of lie said in Co Vonlraet and thtf l city has the right lo call upon the sofrl corporation surety to ST1fl1k0 good the loss nnd damage to thc 2 1j1ako DR 11 CASE OF DIFFERENCES D I bl tCorporUlons mainly transact their busl fleiC t VJCW5 through their board of directors KIIUJIW Should my difference arlpo over any L f tohfloP ibrcnch o the contract where said Miroly l0CCI i j called to rcsoond such said member off of-f 1 1 f T 1 f TtT n 11 t n 1 r Tttho Board of Public Works would be act KjNBI J 10WH1 both for the citv and for tho corporn this svect r tloii ttnrety He would command himself Jtct and ho would notify himself whelh Tnr > r he would ait hat would bo the loss CRO o pain of the corporation In tho t prcmlsen alislness Awould lx l > his Individual loss or gain as a jHllou In I iMoekholder ills i lnlorrst l In the contract ncr rcaOI fQlkhoJII premises In 1 the same a a though butie lie hlmrelf wero a surely and differing TmrPlfcyily I In degree An agent or officer canING OCt ilh 1CJ adverse to lNGOCGU2iftLpUi I IiirnIf in the position lnchlncp Vtlmt of hl 1 nrinclnal or where his private ilc aPf111 j Interest miy he antagonistic to that of his prluelpil This applies with greater I orce to nubile officern whoso positions pubJc onccrl I JJ rrJ nro that of truul and conlldonco toward IY S ll l thc cJtv 1 IK pInt such member has himself In a position which may bo jO hhlHfIC posilon < I 101 KflBverne to thill o the citY and If a eon lrbnn or 3 < t pver arlTfl between the I city on the l tC c L f L lnn l l nnd thO corporation surety on iud Co tho other who 1 Interest IB l ho going to In adlitiUI to the statute NO r nl orlb1 q IIL the I following authorities iSU11 rIII SCtIII10rl11 our Ollllon DOIBlh iroon on Puhlr Orlcrr1 See C10C13 and CS3 BO n csu there cited 1 in tlu ifrformnnce l of dullro where nub illCt nmpr UI Interested it has been STA Jr that thC may perform such luilca hil I P c 1a11 e they rl merely ministerial but 1 I I Jn MI where lucy nre ludlclal or I qua jlnrilrsit I And ontralll have been 1Wll void which mnrie by or Dirtlol If 1 011 whlCh were mnr Drlel KIN C In l IK slulu Interested members In rcsu1rt t lo 1 1 sijrli 1f1 Iou Judicial or quasi I liJ In their nnhire The duty which 011Hll liL Jllhlrt < 1 1Lllt j thl Poirlof Public AVorkH performs In nih h l pttnJ nnlrlt of public works and 511 rlntllnJ rnl supervising the port IH no l TilnKterlil or fuillclul NEYS Awn nlio think that such member hair > knovlrqv nmlci > ilol l In uuch lallpro l rLcl tcerdliifr uul I 1 knovlnglv let contracts oC IUllk dllC ork under Much said clreum ATOJ r nail In defiance of law there la ck corlC jlhlflR U0 for hit removal Vorv truly tract olP J POWERS STRAUP LIPPMAN CONTRACTS IN QUESTION ATtq4 rhe contractors for whom the Utah s bU tSalngs and Trust company are sure ir 0oD ktles to thp city are na follows EN Ifelfer Hush laying 1 sewer pipe I lloc Ineteenth ward irrigation ditch 550 1srf0 11 J J Moran furnishing two cam of 1ion thon pipe 4 J f f Ilr Rush pipeline from Par y canyon 1100 IAED jl P J Moran furnishing and laying ElARD I < mlI pipe 70000 1 t j J Moran furnishing hydrants ClnlshltG umnl J In 11 valves special casllngtf ec 52500 I t aiL5 JC I Sll i JJ rl a L a J P J Moran constructing water mains 3000 P J Moran furnishing pipe and specials spe-cials 4000 Kelfcr Rush taking up old Iron and kalameln pipe used for sewage pump at the Jordan river 2900 The trust company was also surety on the bond of the Excelsior Wooden Pipe company for S 26000 contract constructing con-structing the Thirteenth East street reservoir and on the bond of the GreenS Green-S Reeve company for laying water pipes on Ninth South and Seventeenth i East streets for 6000 I An effort was made last night lo sec Mr Dooly to obtain his version of the I case but he could not be found |