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Show THE ENGINEER OR THE CITY? Who Is Responsible for Grades? Work to Which Mr. Noble Objects Has Not Been Authorized. Supervisor Proceeded Under tho Instructions In-structions of tho Council Com-mitteci Com-mitteci Suit Against Snow. Complications all nround and a lawsuit for City Engineer George W. Snow seem likely to arise out of W. P. Is'oblo'o grievance griev-ance concerning tho destroying of tho shado treos on tho west side of his properly. prop-erly. The digging In H street, which, Mr. Noblo says, will ruin tho trees, is not bolng dono by tho city, co It 16 claimed, as the City Council has not properly authorized tho grading of that street. As roported in Tho Trlbuno yoHtorday. Mr. Noblo has applied In the Dlstrlot court for a perpetual injunction restraining restrain-ing tho city from digging within ten feet of tho line of trees on tho east sldo of H stroot at the corner of South Temple. Tem-ple. The City Will Demur. That Salt Lako City Is not doing the work In question will bo tho probable answer. an-swer. In the demurrer to bo filed within tho next few days. Tho stroot supervisor, under tho direction direc-tion of tho city engineer, is digging In tho street to reduco It to tho extraordinary extraordin-ary grado level established by tho city engineer. But ho has no authority for doing the work. Upon being asked about this last night. Street Supervisor Seddon said that he had been Instructed by tho committee on streets to go ahead and grado tho etrcet. But It Is not on record that tho Council has adopted the rccommondatlon of tho committee, and tho order of tho commlt-toe commlt-toe nlono is not sufficient authority, according ac-cording to the law, to enable the streot supervisor to do such work. Engineer Is Responsible. If this Is tho COEO. thon Mr. Noble has no causo of action against the city. If there Is any authority. It Is hardly probable prob-able that any court can Interforo with the right of tho city to dig In any of its streets. Then if there 1b no cause of action ac-tion against tho city, and yet Mr. Noble's property, as ho claims, will bo sorlously damaged by tho injuring of tho trees, his only remedy will bo against tho city engineer. en-gineer. In the city engineer's office It is claimed that tho work has been properly author-Izeel author-Izeel and that, as regards the grading of tho street, that department la not responsible. respon-sible. It Is, however, responsible or tho grade that has been established. Will Hold Mr. Snow. Mr. Noble cortainly seems to think Mr. Snow Is responsible, for ho Is about to commence an action against tho city engineer en-gineer personally. Tho streot eupervls-or'd eupervls-or'd department claims that tho grading of tho street will not affoct Mr. Noblo's trees, as tho digging would not bo within ten foot of the line any way. and tries to put the blamo for the damage on thei sidewalk grade. |