OCR Text |
Show AT THE CITV C0U.MIL Xo Money For (jrlebratlag. 'Important 'Impor-tant Ordinances Passed. Tlie City Council held a special session on Thursday evening, Acting Act-ing Mayor Parsons presiding. The finance committee, to whom was referred the petition of tbe Chamber of Commerce and citizens, asking for an appropriation ef $-,300 to the Fourth of July fund, recommended recom-mended that tbe petition be not granted, and gave the following report re-port of City Attorney MerrltU To tie Manor and tV.iicif of Sa't Jjali (My. In the nutter of the application of certain citizens for an appropriation to assist In celebrating the Fourth of July, ujon examination I am of the opinion that tho Council has, no power to make such an appropriation. appro-priation. Article 4 of "An act providing for the Incorporation or cities" approved approv-ed March 8, 1SSS, on page &S of the IlevisrtI Ordinances ot Salt Iiake City, subdivision 2 er article 4 or said art, among tbe powers of tbe council is the following: "Tu appropriate appro-priate money for corporate purposes only." it is quite clear that cela-braluig cela-braluig tlie Fourth of Jul Is net a "corporate purpoee." Dillon, In bis work on municipal corporations, vol. 1, page 17C, section U0, third edition, states that "without ex press authority a public roqioratlon cannot make a contract to provide t t celebratinc tlie Fourth of July; that such contrails are told." Lliarly, this corporation cannot make tho appropriation without a elear and paljable violation of tlie law. The council are only trustees for the ell, and must act within the express powers granted. If theap protirlatioii is made, any taxjnyer could enjoin the city from paying it. Tills Is not a novel question, nnd has been frequently decidtd in other btate". bee Hodges v". liuf-falo liuf-falo S Denio(X.Y.)Ilu;CornweII vs Guilford I Deulo 310; Hood v. Lynn, 1 Alien (Mas.) 103; (Jerry ts. btomman, 1 Allen (Mass.) 319. orto celebrate the surrender of Cornwallir; Tah vs. Adams, 10 Cushing(Mass.) SjJ. In Denlo 110, Justice Jtwitt says "Coriiorations have no other powers than such a" aretxpressly granted, or suih as are iiece-sary to carry into effect the powtrs expresl granted." This is a principle of the common Ian, and was adopted by our legislature legis-lature iu defining the powPrs of municipal corporations in Utah. The question then is beond the realm of debate, and is too plain and Ls too w eli settled to be questioned. Wliile.as patriotic citizens we rejoice re-joice in the proper celel ration of the natal da of our great republic, yt t as law-abiding citizens and trusters cf ball Lake city. I again reiterate that the council ennpet, without a clear t iobtiou el the law, make tin appro riatlon. itispeitfuliy sul mllUd, S A. Muhutt, City Attorney. The n jort wa ado; ted. The ctimmlttre on imj roti uients recommended thai a writttn contract con-tract l made w itli C. L. A ppon I for plans and si cificatlons for the city and county building, as agreed to by the former council, and that tho architect be paid $500 on account ac-count at once. Tlie reioit was adopted and tlie city sttornty instructed to draw up such a contracL The bill tor "An ordinance providing pro-viding for pavlnir, re-pnving and macadeuiizliig or repairing strecls and alleys in Silt Like eit" was then Liken upon thin reading, and was passed without amendment, CcuuLlluicn KariliKaudArmstrong voting aaliit it. Councilman Hall moved t reconsider recon-sider tlie vote. Tlie motion was losL Tlie bill for an ordinance prescribing prescrib-ing and d-liulng the duties or the hoard or public works or Halt Lake clly was then taken up. Councilman Hall thought that the salary or the members or the board, except the chairman, whovj salary is fixed by statute at $1,500, should not bu reduced from $500 to J230 per annum. He didn't think Itwaapos-slble Itwaapos-slble to get good men to serve on the board for $250, any more than it was possible to get good men to serve In the city council at the same figures. The motion to amend was carried, car-ried, and the bon 1 of members of the b-ard, excej t the chairman, was reduced from $10,000 to $5,000 The bill was then passed, Councilman Coun-cilman Hall being tbe only negative. nega-tive. The ordinance creating a board of heatih next came up The salary or the health commissioner, which wan IcR blank In the bill, was fixed at $I2.i per month, while the salary of the city physician was fixed at $30 per month. Tlie two other mem tiers of the boaad, exclusive or the maor, are to receive $5 each for each meeting attended. Tlie ordinance ordi-nance providing for a city scaven ger Is repealed b this ordinanca, which was passed by a unanimous vote. Tlie council then adjourned until Tuesdayevenlng next. |