Show 4 BROKEN FAITH Tr IT r WOULD be a 8 good thing if all at public officials officials of- of 1 might have the gist of a n recent court ruling by Judge James H. H Wolfe furnished in printed form It is a a. a clear exposition of what h happens when authority is exceeded To t the c clayma layman layma l' l it jt i is a warning that if he proceeds in In ignorance of the law it is at athis his peril The Tho judgment was given in the case of EdIn Ed- Ed eln In B. B Harper and wife against Salt Sal Lak Lake City corporation orp Harper arper owned land in m the Murray Murray Mur Mur- of facts ray ay artesian basin The stipulation hows that agents of the city agreed to buy the subsurface water to add to the city supply Harper insisted that in addition to th the price e ethe the city agree to run run nn mains mains' and furnish him hun with water What was tantamount to a contract contract con con- tract so to do in ill Harpers Harper's opinion was entered entered entered en en en- into Subsequently the city failed and refused refused- to lay the mains to the Harper place and the suit against the city followed In Judge Wolfe's Wolfes ruling it is s 's shown that no eity ity official or agent in the lack of specific authority authority authority au au- au- au from the city commission had a right to o bargain with Harper as he contended had been done The court thereupon dismissed the suit mit no DO cause of action In his ruling Judge Wolfe expressed belief that the plaintiffs acted in good gohd faith and thought they were making a contract with the city eity which would the pipeline that they thought the agents had authority especially since th the mayor Bowman and the head of the water department told them that thatis is what they would receive Ordinarily any layman layman layman lay lay- man would have believed what the mayor and water commissioner commission said would be binding and would not have looked any further Unfortunately nat ly however they are supposed to know the law T The e city appears to have done the whole hole busin business ss rather ather loosely It seems rath rather r plain pla that this handling business r rather ther loosely has done the Harpers grievous hurt hurL Itis It-is a s serious ri us' us reflection upon pon the manner maimer in which officials function at times They do or oi should know the limitations limi of their authority and should be circumspect circum- circum not Dot to exceed lit it slipshod procedure pro- pro is of comm common n occurrence e eis e is notorious it behooves any layman dealing g with govi gov- gov t i to bear in mind the tile ancient dictum caveat emptor As this case plainly shows 1 Jit t also behooves the seller to beware Another moral to be gained is this When becoming party to to-an to an important or involved business transaction it is economy to have a good lawyer lawyer law law- yer It is a sad commentary on government however that one has to approach it with such caution lest one be tricked Salt Lake City has won a technical victory 1 but ut it is morally bound to right a 8 wrong not only in in the light of affording justice to Harp Harj Har- Har j p er r but in the light of what should be its desire in order to avoid being accused of sharp practice in dealings with citizens Salt Lake City Cio has acquired the property of Edwin B. B Harper H and and wife rife through misrepresentation and nd evasion of its ts I obligations by the rank use of technicalities s. s In all fairness Salt Lake City should either return turn to Edwin B. B Harper and w wife e the water rights secured from rom them or go through with the bargain n made d and entered into by the mayor of Salt Lal Lake City and his water commissioner com corn missioner in behalf of Salt SaIt L Lake Lah u di City Even cities are not exempt l pt from morals an ana ami ethics in a business d with citizens L |