| Show MAYOR BUCKLE SUSPENDS DOOL Y But Chairman of tho Board of Pub Public Public lic Works Will Not EXCHANGED cling Mr IlIr floe 1100 I ii I hy by Iu 10 iti Not ot a ad 4 lid hd Mayor rem Doo A de decided cle l sensation was Wall sprung In ii municIpal on 08 night when Mayor sent lint a COIn to ChaIrman John IL 10 Dool ot of the lii board 0 of public works r hie hi resignation not later then JO O today The letter 1111 IS salt hit lake Utah Ulah Jan 12 Dear on me file In the ol of time county clerk show that on this the Oth day ot of February Nineteen hundred you to the ot of director 0 ot thu incorporation known by h the lie name anti style ot of Utah Ulah Savings and Trust fruat Company And the lie records In the ot of the lie city recorder show that this thle com puny Is and has lIall been acting since time the date lInte of your our al a to several contractors doing IJU with thin ell do In an over one hundred and twenty thousand I run nun allo informed b by g 1 W OcuLar US thu th manager and secretary or of this above named company that said corn com company pany Is advancing to sit fit least one of oC the lit contractors doing with the City ot of Salt Lake S pose PAtte or of the Re Revised Statutes read II nil as follows Chairman No member to be Inter osted In contracts on tracts The chaIrman o of tich board lIoard shall devote all necessary line to the performance dr his hll dul duty and anel no member ot of such hoard board shall ever eer be directly or Indirectly In erected In amm contract entered Into by them baja on behalf or of such city nor mor shall lie he be interested either or Indirectly In the or of an any mil to be used or applied In or about the tho u use e or purposes by this lila p 63 3 In my judgment time abOve disqualify YOU ou tor or the position ot of chairman or of the lie hoard board oi of public works of this city and In any event Cent the best hest interests ot of Salt lake City demAn that hint you OU tender your which yet ou will please have e reach me not later hint 21 p m on Monday January H 14 11 Respectfully GEO Acting AllIng Mayor lilt MR REPLY Mc Dooly s positively that hilt he helit lit 1141 1 not hOt receive Mr Ir Buckles letter Time The latter says that thai lie he mailed It In the pres presence once ence or of a 11 reliable witness Mr Ir first Information concerning the matter he said caine I me to him yesterday reading the morning Toda Today Mr Ir Huckle registered a co copy 1 0 of the he same letter anti sent Kent It direct to 10 Mr Dool with a special and received the lg reply Dear SIrI 1 bem o acknowledge the receipt or of your Our d favor faor 0 of the which wu was r hd at 1030 this morning n reply I be beg to state that the pall papers ra referred to In the or of the countY clerk nt at time Ille data and stated slated are doubtless correct The statement 0 of Mr Ir fi E W Center Genter I know nothing or of further The or of th the Statutes to line has ITO no bearing upon the lie case eaf I nun am not n a director ot of the corporation named l an and andam nm am not In Rn an way R legally legall from hollIng Ih the ot of the chairman or of time the board or of imbue works I not note the paragraph In iii your our letter to wit wll In m my judgment the above alJoe reasons disqualify you ou for the of oC chairman ot of the board or of public works work 0 of this city and In an any event the best interests of Salt Lake demand that you OU tender your resignation which you rou will e have t a li Tnt rae not lAte than Ii J in III on Monday londRY January Januar U 14 1901 I ut of ito reason why I should your our jud judgment Your varied experience in n and State should make that judgment Infallible anti tIme the law en I timely I hope In time execution ot of your our throat threat ma may work the municIpality n a last lastIng lug Ing benefit In the I have havethe havethe the honor to Tours ser er reo me JOHN JOlIN E a DOOLY UP TO IO COUNCIL The is II a ot of A com coin iliad the th Olt city recorder afternoon b by Mayor Inor George GeorgI Janu January ry 1901 10 the honorable of oC the Council honorable hod thAt I have hAe thIs Uti IIi 1 lie lion John 90 10 Dooly is as chairman ot of this the board ot of public works of this lila ell dEl for tor the lie reasons set IEt tn in tIme the addressed U him under date of January Januar 1001 n a ot of which I herewith for tor yard ward to you OU and I the same for toUr our approval Very respectfully cHOnGE Acting Mayor WHAT rW SAY The of If Powers is 11 1 In the lIllI Salt Tieke City Jan IL II 1101 George Acting B Salt lt lAke City Utah III tu u your our you ou uk ask I Is It for a member of the lie board ot of public works work to knowingly aid In letting s for Public work for th time elt eI eIto to ono upon Whose bond ot of the latter for or the lie faithful performance ur cit such ludl aunt member ot of burned II IIII hi hia II a director amid stockholder 0 of II a corpora Ion who I is thereon anti which mind lOIn hectic to ft such laid contractor time mOil money e and means meAn to mu ur Ct urI I my on said hi contract work anti amI It such luch member hiss repeatedly anti knowingly participated III such luch tind In 10 o dol doing it I 5 cause for Cor hie we have to My y 29 Revised Statutes ot of Utah 1 1990 1 that tIme of oC such ludl board the lie board or of works hall lots all time line to the tho ot of his hie duty And no ot of such board ihil hlll aver be e directly or indirectly interested In any n contract into by them on lie be behalf halt half of such lIuch city nor shall hall lie he tie lie lii In erected either or Dr indirectly In iii Inthe the purchase of oC any materIal to be tilted or applied In or about the Ule vu lH or pUrposes con contemplated tern pia tel by this chap We think under th lie above provisions such u h said ald I is both directly amid aud Indirectly interested In such Mid 11 The corporation md amI loans money to the contractor It II a surety upon his hll for tor the prop proper er cc fulfillment of oC time the ernie ot of the con contract on tract anti and for or the performance of the work anti nd I is liable to the city tar for br breaches he of the saId anti the city olty lies has the right to vit vall upon tile the lall corporation suret surel to 0 good goodlie the lie loss lOll and to 10 the city Corporations mainly transact their business through their board or of direr org lora Should any difference arise any Iny breach ot of the contract where paid surety is II called to such Mid member ot of time the board of oC public works work I would be acting both for the city anti and for the corporation surety suret lie He would command him to antI lie he would notify whether he would art act What would he be the ICH less or gain ot of the In time the premises be his hll Individual loss or gRin gain a II a stock lock stockholder holder hohler His 1118 interest In the lie contrite contract and In the premises Is III the seals santI as h lie he himself were It a surety nail differing only In degree An agent or cannot hut himself In the P to hint or of hi his pal or where his private ma mahe I he antagonistic to that thai 0 of his TItle This with greater forms to Public officers whose positions are arf that ot of trust confidence toward the city it 11 Is III plain such member line lIu Placed 1 himself In a Position ma ama mahe amabe he be adverse adIre to 10 that 0 of the city and amid It I controversy arises arle between time city 1 on onlie tile lie one hand and the corporation sure surety ty IT on the he other whose interest I is lie hI going to In addition to 10 the Ille statute tatule above quoted the lie following authorities support us In our opinion Troop on Public Sec and cases there her cited In the Performance 0 of duties where public officers are interested It h lies been heen held that the they such Ruch duties where time are merely Serial but can ean It do so where the they are judicial or And ron eon tra hIt have e l been held hl which were Ite made by or pArticipAted In b by flUCh Iii crested members In respect to uch II judicial or nr In their nature The dut which the he ot of public works performs In letting contracts or of hUe works amid superintending and supervising time the seine is 18 not ministerial or Judicial We also aleo think that where whre such lIuch memo meni her ller has hall knowingly participated In I such said ald proceeding anti and kno know let contracts or of public I work under such uch said Md circum i iII II IC and In or of law Uteri there I Ii for tor I ii Very Verr truly POWERS LIPPMAN SURETIES FOn FOIt The names ot of the lie contractors for or Whom th time Utah anti nd Trust coma com hany a are sureties to the hi city site lite as al follows Kelfer Kaifu flush laying sewer ewer pIpe irrigation ditch Ud p S J Moran furnishing two cars carll ot at Iron pipe pipeline from lar ies canyon canon 1100 I p T J Moran furnishing anti and laying water tester pipe p J Moran hydrant special castings etc ete P J Moran constructing water main I P J Moran pipe and l ape lII nuh Itushi taking up old Iron and pipe for tor sewage at the Jordan rier 2900 The Th trust company Was also surety on tIme bond and ot of tIme Excelsior Wooden Pipe company for tor contract Comm COli the Thirteenth East street amid Ind on the bond 0 of the Green Reeve Heeve company for tor layIng pipes lp on Ninth South mind and Seventeenth lOut hOest streets for |
