Show J COUNCILS G FIEBGEM I I Bitterness Displayed Over I Ii b Contract Changes ci 1 i NEW FORM IS ADOPTED L I 4 Alterations Uncle in Language of I Contracts for Public Improvements I Causes a Torrid Exchange of Views at Last Nights Session of the Council I Coun-cil The Old Controversy Over tho City Engineers Relations With tho Board of Public Works Breaks Out With Violence iij 41 a The City Council had si most enjoyable enjoy-able time last night It began b fore I S and did not stop until halfpast 11 During thtfl time accusations ranging from plain dishonesty to contemplated con-templated murder were let loose1 The air was so full of words most of the time that the atmospheric pressure l threatened to break the windows All the old favorites were in sood voice and one or two of the more retiring members threw dignity to tho wind and paused around the compliments t of the evening In large packages There was one notable exception Reid who t of the entire ensemble was the only one who did not make a speech The net result of the meeting was the adopting of the proposed new form for city contracts Just as It came In without a flutter Not a line was changed despite plenty of suggestion some coming from the City Attorney the nan who drew up the forms They I t 1 L Js rIT I I tW A7W t rY iwr i l I I Buckle And Say I Am It J were all too busy to remember wlint Mr Stephens snld however Everybody Every-body teemed to have the fight fever frolicking madly through his veins and the thing got very fierce at times City Engineer Kelsey was not forgotten by his enemies who took a wallop at him every time they thought of It The rules of order approximated a modified Marquis Queenoberry Speaking to tho question jvoer barred tbytaclt consent con-sent Exercising politeness was not permitted except the courtesies were extended in such ironical and sarcastic tones as to amount to a copper The spectators including the Board of Public I Pub-lic Works several contractors and a j few disinterested people seemed to he I happy T TROUBLED AT THE START The feeling Began right at the start Whittemore offered a motion to compel the fence Built in front of the building F D Clift is erecting on Main street to be cut down lower and moved back to the curb Cottrell moved to < < postpone I post-pone the matter until Tuesday but withdrew his motion to allow Robertson Robert-son to appeal from a decision of Buckle holding thatthe matter was in order Buckle cited as a precedent the action of Robertson the night before in Intro 7 f t V L I I i n t ii4 I 1 Stephens It Would Create Better Feeling ducing a resolution Robertson replied 1 with vigor that he thought It would I be well for the President of the City Council to have the decency to call a member to the chair and take the floor If he warned to indulge In a fight over petit motives The appeal wns sustained Tuddcnham was called to the chair and Buckle began speaking e to nothing in particular He said he f did not want to be misunderstood so to be sure and be right he would vote dm1 for what Robertson did This was said ct some Kurqastlc Robertson said her he-r was glad Buckle was showing some or1 signs of Intelligence at last He didnt 1 shoju then said Rvutty Just to gt Iep > 4tlie old cat from dying W NEW FORM UKAJD i Deputy Recordor Nicholson was then et started reading the form of contract tIj for furnishing and laying watermains ui and the specifications It was long 1 i and while Mr Nicholson wan In unusually un-usually good voice It became sllphtly 1 wearing after thirty minutes 6V so When It wau dong Buckle gotup again and sold he would Jlke to have the I chairman oC the Committee oh Water IL worksr who reported In favor of the new form explain the changc DaVIS eald he had no old rform to compare the new one with I have one said Buelclftiwith a A I Svongull stare 3 Keep IU stated Davis In a tono that might haVo been heard at the 5 military post on the hill > i Buckle then said he would like to OU know how the City Attorneycame to change his opinion MO often stating LC the Attorney has reported upon the old 3 i forum as amply sufficient a few months before and now came forward with anew a-new one alt has been recommended by the chairman of the Board of Fublitf AVorlca I to go hald Buckle and of course It will go I CITY ATTORNEY EXPLAINS Mt Stephens took the floor and explained ex-plained the new form substantially as I In his interview published In The Tribune I I Trib-une Thursday morning laying particular particu-lar stresson j the und slrnbfllty as he termed It ot requiting the concurrence I of both tIe Engineer and the board on matters where the responsibility properly prop-erly belonged to one It Is the duty I of the Engineer he safd to prepare specifications and they Should only be changed by the Council and then I not without good cause Ills technical I I knowledge la necessary in matters of that kind l Continuing said the superintendence of all work was vested by statute In the board IMr Stephens Insisted then and all through the I Ii i r J I J I OX > > < 1 I I jl I Ii Kelsey It Deprives the Engineer of J All Authority evening that he had no desire to reflect on the Engineer In anything he had done paying a high compliment to Mr Kclseys ability and devotion to the Interests of the city The Engineer 1 was not in any way to blame for the I trouble we had in the CulmerJennlngs suit said the Attorney Mr Kel seys reports were full able and complete com-plete but unfortunately the board did not concur in them and we lost thereby there-by The Engineer should prepare the specifications Il Is the duty of th6 board to execute the contracts and see 1 that they are properly filled The Engineer En-gineer should have a voice In the inspection in-spection No inspector should be appointed ap-pointed without his approval Mr Stephens suggested associating the Engineer En-gineer with the board in directing contractors con-tractors to removo or reconstruct defective de-fective work CROSSEXAMINED STEPHENS Buckle came to the surface again In your experience as an attorney said he to the City Attorney in passing pass-ing upon contracts have you ever I heard of a case say in the building of I a railroad or the construction of a house where the principal man to pass upon all things concerned therewith Ins I-ns not the engineer the architect Z Did you ever I know a case where a man would throw out his chest and growl I dont know anything r about these < 1 3r T 4W t Robertson Offers His Amendments 1 technical matters of course but I am It all the same Mr Stephens merely replied that the Legislature had vested the supervision in the board Buckle then Hashed a copy of tho letter which Mr Stephens sent In with the new forms In which It was stated that the proposed changes had been invited by the chairman of the board Mr Stephens has evaded my question said Buckle and I will answer It over your own signature He read part of the letter bearing on the matter and said he could produce within ton minutes a communication from the City Attorney stating that the old contract was amply sufllclent Fernstrom interrupted to aljk what was before the house There was nothing noth-ing to be sure but Fqrnstrom had not grasped the situation yet He got it later and went the limit Buckle ignoring Ignor-ing Chairman Dooly called upon P T Farnsworth and Spencer Clawson of the board who wore present to tell the difference between the two forms They wero not Invited to take the floor I by the acting Preeldeoi and consequently I conse-quently did not Mr Stephens replied brlelly to Buckles questions covering the ground he had traveled before I Fernstrom slipped up now with a motion mo-tion to adopt the new form of contract Buckle asked Fernstrom to explain tho material changes Fernstrom said he thought he could repeat nearly what Mr Stephons had said Every ordinary ordi-nary party should understand It he Ingenuously suggested But I am an extraordinary person said Buckle Well said Fernstrom the City Engineer drew up the old one and In It he aggregated to himself the Supremo Being Robertson who had been rapidly goIng go-Ing to decay for want of muse tooka whirl here nnd offered amendments associating as-sociating the Engineer with the board in the clauses coverIng the Hpeclflcn tlons for castlron pipe hydrants and valves O f Ilowcwanted Kelsey to have the floor here Thomas wanted Rober aons I amendments amend-ments acted on first but with the added add-ed request of Buckle seconded by Robertson Rob-ertson the floor was given to Kelsey STATEMENT BY KELSEY The City Engineer i began by handing I a communication to the City Recorder for reading The QOmmiinlcation wes read by Recorder Nyatrom I stated I In substance that the new contract hnd been prepared without giving the Engineer Engi-neer an opportunity to be heard and l after It was drawn It wns with the greatest illfnoulty that the Engineer srcatefl 1 fcul EIflneer was ahl to get n copy oC It The state I inonts of the City Attorney that the new contract provided that wqrk hal nc be Inspected by the City Engineer and that the Engineer would continue to I make the specifications were denied The Engineer It was asserted under I the new form has absolutely no author Sty which IRlhe communication say I what the contractors have been fighting fight-ing for In this city for years The contract I con-tract Is I aaid to be Imply carrying out I the plan of tin chairman of th < Board I of Public Workb nnd others who are I trying to take away authority from I i the Engineer Thf contract it IB rep I resented in absurd legally and otherwise other-wise and does nt protect the city l while the former contract did The En J 1 glneer says he is not to blame for tho lack of harmony between himself and I I the Board of Public Works and attention atten-tion Is directed to an alleged Increase of 17000 in the cost of the Moran pipe laying contract changes made in the Engineers plans The published statement I state-ment of the chairman of tho Board of Public Works regarding cost of tho I reservoir Is It is stated a misrepresentation misrepre-sentation of the facts and the figures given arc sat not 10 be mrrct r another communication addressed to President Buckle It Is stated that extra I work on the reservoir part of which was ordered by the Englneer and 1 part t by l the Board of Public Worlc cost only 534618 L QUESTION OF VERACITY Mr Ivclscy then said there him hen seven changes niado In the specifications specifica-tions and Uventy changes Jnthc entire contract All the authority was taken from the Engineer he said and he would rather have the old forms retained a11cr tained Mr Kelsey mentioned that he had not beoen able ta get hold on copy of the now form until Tuesday afternoon af-ternoon a statement which was denied elaborately by Clerk Whltaker of the board and corroborated by Mr Kelseys brother who Is I connected with the Engineers En-gineers office This gave Councilman R B Whitto more an oportunlty to lecture the Engineer En-gineer Beatty theti discussed the now form with Mr Stephens the ground being again v traversed Beatty offered another an-other amendment thon associating the Engineer with the board In the clause where the varnishing of the pipea IM I passed upon On request of Roberaon this amendment was Incorporated his motion which thus carried the four BOARD IS SILENT Howe apparently wanting all hands to Join in the thrilling apart moved that the board have a little speech After Af-ter consulting a moment with Robertson Robert-son and Davis Chairman Dooly said the board waived Its right Thomas wanted the Attorney to take up time Engineers communication and look at the legal questions raised but this died out somewhere In the battle smok Beatty offered another change In the clause providing for tho Inspection by the board of all materials He wanted this changed back to the old form associating as-sociating he Engineer Robertson didnt seem the like this for he suddenly developed Into mature parliamentarian and demanded that his amendments betaken be-taken up Buckle wan ngln1 them uJ Stephen embraced the chance to say he thought it would have made better feeding had he consulted Mr Kclscy mentioned that about the changes and m < nlonetl he had said as much to Mr Kelsey that morning an Interview which Mr Kelsey Kel-sey referred l to while ho had thefloor WHITTEMORES APPEAL TEMOnES At this moment Whittemore got up again I was plain to be peen that Richard bud been doing a thinking sl nl Frank he said looking at Mr Stephcns dont you think that with your persuasiveness you and Kcslsty can got together and agree on n form of contract Mr Stephens seemed to like the Idea and Whlttemore moved to refer the forms to the City Engineer City Attorney and chairman of the Waterworks Wa-terworks committee Buckle gave this a second Fernstroms clreluation had begun again and he opposed allowing anyone by the Council to make a contract He was also against Robertsons amendments amend-ments which had been shunted for the time Fernstrom mentioned that there had been too much disagreement between be-tween the Engineer and the board apiece a-piece of news which created n profound sensation ton METHODS OF KjLLlNG KELSEY Beatty said It would be all right If all the CouncJlmen were experts on law and engineering like Fernstrom but thore were fourteen other members who were not wise on those subjects I have no doubt said Beatty that to end the trouble Mr Fernstrom would be glad to offer u motion that the Engineer be hanged by the neck until dead III am surprised to hear amedical man say that said Fernstrom cant you get up a better way than that doctor Cant you poison him Z Or vaccinate him said that droll old wit Canning 11 Stephens again assured Mr Kelsey Kel-sey that there was no animus on the part of the City Attorney toward the Engineer Mr Kelsey said he had been sick for several days and was not fit to speak but he went on briefly to suggest the changes he thought should be made Stephens suggested referring the matter to some committee where the Engineer and Attorney could be together This brought back a fond recollection of the motion made by Richard Coeur dLlon and Mr Whitte more promptly made his motion over again passing it off as a new one Robertson asked the Attorney it there were any reasons why the Engineer En-gineer or anyone else should be consulted con-sulted Only for the sake of better feeling replied Mr Stephens I have no desire de-sire to ignore Mr Kelsey Canning was against referring and favored adopting the contraet and curtailing the spending of money by the Board of Public Worka and the Engineer En-gineer like the Engineer has been doing do-ing lately Tee got a man to second Mr Fernstroms motion to hang the Engineer En-gineer now said Beatty You get out said l Canning BEATTY DEFENDS KELSEY Beatty then got up and made considerable con-siderable of a speech keeping pretty cool for a while The City Attorney was the author of the contract said Beatty and the City Attorney suggested sug-gested changes so that it would be wise for the Council to refer It There are men in this Council continued Beatty who hate the Engineer and do it In n way that does not reflect credit on their fairness nqr their Intelligence The history of his persecution IS before I be-fore the people o Salt Lake and they have decided in his favor and against those who have maligned him I deny those personal insinuations cried Fernstrom Jumping to his feet just like the good old times Evidently continued the white and angry Beatty who wag now using his most incisive and level tones the shoe fits Very well Mr Fernstrom since you have seen fit to apply this to yotir self I challenge you to show that thEn Engineer has not always done his duty toward thin city well and honestly and I will leave it to the people of Salt Lake to decide I accept the challenge said Fern strom the people of this city have not decided In his favor That man I has not done his duty honestly We will leave that to the people to decide continued Beatty who went on to speak In favor of referring the maier Howe wanted it settled at once and he had a hot row with Cottrell over the matter of asking a question Cottrell saying that If they had a chairman who possessed any degree of fairness things would be different Mr Tudden ham did not seem to hear this CONTRACT FORMS ADOPTED Buckle also took a fall out of Howe who mentioned that Buckle had C quantity of supreme gall Howe then called up the previous question Whltlemoreo motion to refer which was l S Beatty Canning Cottrell Thoinus and Buckle voting for It and HnrtcnaUln Edgar Howe and Hewlett t being absent and Whlttemore out of the room J Robertson then called up his amendments amend-ments which also lost Beatty Cot treli RoberlHon Thomas and Tuddon hum voting for them Tho adoption of the form of contract as presented then came up and went through with Buckle I I alone voting against it The othor I form of contract for work only wan taken up and after being partly read I I was alone adopted In opposing Buckle It again being I |