Salt Lake Telegram | 1938-05-31 | Page 20 | Provo to Fight Power Ruling

PROVO TO FIGHT POWER RULING PROVO PROVO PROVO-ervel Served PROVO Served WILE p. p supreme b court writ of mandamus compelling him to submit bids bid on petition petton copies copies cop cop- ies les for initiative ordinances repealing repeal ing municipal power plant creating ordinances or show cause why h ho he i should not not I. I G. G Bench Provo city recorder indicated that tat he would resist the tha the ruling in the supreme I court court Well el probably request an extension extension extension exten exten- sion of time and then cite our reaSons reasons reasons rea rea- rea- rea sons before the court he said Reasons Reason will wi most likely be similar similar simi simi- lar to those given the sponsors o othe oi of d the application for petition petton copies in refusing to proceed with wih submitting submitting submit submit- ting ting- the copies to printers for bids These reasons are that the citizens citizens cit cit- citi citi- zens zen of Provo have recently voted on this issue in the special election electon in 1936 when the bond and contract ordinances passed in a close vote parts of the proposed ordinance attempts attempts attempts at at- tempts to repeal a valid vald contract and ad reject an existing contract such ordinances cannot be repealed and that an election electon if held would be useless and of no force or effect and that the title tte of the proposed ordinances is indefinite and tam tain tin Two To methods of procedure were mentioned by I. I E. E Brockbank city attorney in answering the writ We may ask for tor an extension o of time before we answer he said or we may object to the jurisdiction of the higher court and ad request the matter mater be heard in the te local district court However I still sti believe beleve that the ordinances are in their nature and cannot be repealed or oc revoked and in my opinion Mr Bench should not submit the petitions petitions pet pet- peti peti- tons for bids but should answer the writ Mayor Mark Anderson echoed this thi stand declaring that he thought it i unlikely the supreme court would force Mr Bench to proceed any further hearing with the te applications after a