Show DOLYS SIDE OF CASE Public Works Chairmans I View of Buckle I WHERE HAS LETTER GONE I I John E Dooly Stated Last Evening That He Had Not Yet Received Acting Mayors Demand for His Resignation Discusses the Law of the Case Deals With the Delay in Completing Contract Work Mr Buckle Says He Believes Mr Dooly 1 Received tho Letter i Chairman Dooly of the Board of Public Pub-lic Works was seen yesterday by a reporter re-porter of The Tribune In regard to the demand for his resignation which ActIng Act-Ing Mayor Buckle announced that he mailed to Mr Dooly on Saturday evening even-ing At 10 oclock last evening Mr Dooly slated that ho had not received the acting Mayors letter and he also said the letter was not in the postof flee SIn flceIn In reply to the question If he had received re-ceived the communication from Mr Buckle Mr Dooly said that he had not dbutt said he I read in the morning papers of the threat of Acting Mayor Buckle His communication evidently was not mailed as alleged as it was not received in the morning mail hence am waiting patiently for the official unique and dignified threat l of his Excellency our Modern Angelo HI think the gentleman Is a little previous pre-vious Ho should have pocr to remove re-move subject to the approval of the Council The statutes do not require official threats In obeying the mandate man-date of the gang the mode of procedure I pro-cedure certainly bears the merit of originality first the threat second the execution It is said of a noted professor In one of our leading colleges who during his youth repudiated the doctrine oC eternal punishment and became an ardent ar-dent Universallsl explained his subsequent subse-quent conversion to the Methodist faith by alleging that It insured him two chances of obtaining eternal salvation 1 sal-vation whereas remaining a Unl versallBt he had but one So with his high and mighty Excellency Had he exercised his prerogative by removing me his name and screed would appear but once In public print HIS INTEREST IN COMPANY Referring to the statement that Mr Dooly was a stockholder In the Utah Savings and Trust company which company is surety for several of the contractors doing work for the city 1 Mr Dooly said Yes I have owned ten shares of the Utah Savings and Trust company for the past ten years I Wjis one of the original incorporators It is managed by its president IrS Vf Ir-S McCornlck its vicepresident Mr T R Jones and its secretary Mr E 1Y Center all of whom evince quite as much interest In the success of the municipality and are quite the peers of Acting Mayor Buckle If the corporation corpora-tion Is solvent and authorized to execute exe-cute a bond by the statutes of this State which Is a matter for the City Attorney to decide not Mr Buckles attorneys no city officiaL should reject I re-ject such a bond The matter of bond selection rests with the contractor The matter of solvency sol-vency and approval rests with the I Board of Public Works consisting of Messrs Fabian Farnsworth Clawson and Kahn all of whom are quite as prominent in business circles and quite as much interested in the citys welfare as Is Acting Mayor Buckle To carry theMoctrlne laid down by the acting Mayors attorneys to its legitimate conclusion George M Scott could never have served as Mayor and every man that owned one share of hank stock where the city borrowed money would be disqualified to hold olllce Or If a city official was the fortunate possessor of a fcv shares of Rio Grande Western stock It would be his duty to see that the Union Pacific received all of the citys freight business busi-ness nessTile Tile published opinion was doubtless doubt-less a short order and like the motive mo-tive of the actIng Mayor will not bear scrutiny In a very recent case In the Supreme court of the State of New York the Commissioner oC Public Works brought suit for libel against the World because It published a scurrilous scur-rilous article alleging that he was contrary con-trary to law a stockholder In a sUtety company that furnished bonds for city contractors He secured Judgment forS25OOOagalnst the Now York World The account of the trial reads as follows The verdict awarding the plaintiff 23OCO damages was brought to court yesterday morning sealed Tho jurors being polled each man answered an-swered thai the verdict was his At torney Bowers then asked that the verdict ver-dict be set aside one ground being that it was excessive but the Judge said that if he had bccn on the Jury he would probably have found a similar verdict But the pfalntiff did not prove l that he had sustained any pecuniary damage retorted Attorney Bowers There ares damages said the Judge that aro worse than pecuniary damages dam-ages in such a case as this The acting Mayors insinuation as contemptible as the case referred to DEDAY OP CONTRACTORS What have you to say about the delay on the part of contractors In completing com-pleting the work Mr Dooly was asked The absurdity of the charges he said necessitates going Into the sub ject of contracts awarded by the Board of Public Works The Acting Mayor has at various times complained of the progress df city contracts and of the extension of time granted contractors by the Board of Public Works Take for example the reservoir on First South and Thirteenth East streets All penalties were waived and extension of time granted to the contractor This was done for the reason that no Intelligent Intelli-gent estimate of the labor to be per formed was furnished by the city The total estimated cost WHS about 21000 I speak from memory The actual cost was about 33000 or about 33 percent per-cent In excess of the estimate This was all because of additional excava tion and labor required of the con tractor The same condition of affairs ob talus with the Moran coritracU The excavallon alone will cost from 25 to 30 per I cent In excess of the estimate I refer to the original estimate and specl jioiitlons furnished by the city which nave not been changed In any manner by the Board of Public Works and the allegation lo the contrary which has been frequently made is a malicious and premeditated falsehood No sane Jcrson would expect a con tractor to remove 1000 cubic yards of earth In the time specllletl to remove 100 yards Let It be understood that not one dollar of the extra charge for excavation was caused by any order of the Board of Public Works it Is but proper to state that the board is unanimously of the opinion that both contractors and laborers have rights that should be respected The board In not unmindful or the din astrous litigation with Which lie city has been burdened in the past ana which is non pending all because oC the negligence ana absurd cuicmeiis of city ofilolals It believes that no authority au-thority except the honorable City Council Coun-cil can change the requirements of any existing contract Issued for 1 Referring to the bonds the construction of the reservoir on I Thirteenth East street und for the execution ex-ecution of the Moran contract It Is a matter of little concern to the city The specifications have been changed the rity to surh in extent that no rcnuta ble attorney in the land will assert that tho amount or any portion thereof could be recovered by the city because of the delay In the completion of this work The Board of Public Works has been repeatedly advised by Ihe City Attorney that it was but the servant oft of-t City Council and Hint It had no authority au-thority In law to make additions to contracts after their approval by the Mayor that would materially increase the contract price His Accldency Is evidently overburdened over-burdened by the weighty affairs of the municipality and is Inclined to make himself ridiculous When I read the article in tile morning paper I thought of what Shakespeare had to say of one who was clothed In brief authority J3ul man proud maul Drost In a little brief authority Moat Ignorant of what hes most assur d His glassy cBscnccliko an angry ape Plays such fantastic tricks before high heaven As ninkcs tho angels weep What do you intend to do In regard to the Acting Mayors demand J will answer that question when I receive the communication alleged to have been sent me by the Acting Mayor I will cross the bridge when 1 come to It |