| Show UTAH MUST PAY POWER CHARGES ClUff DECISION Bills Presented to Road Commission Reach Tot Total TotalS l S The Utah state 0 road commission must pay the Dixie Power rower for electric power power which It did not use In the of the highway way In Washington county This is is' is the view of Harvey H. H Cluff attorney general submitted In an opinion transmitted to the state road commission at the r re request quest of Commissioner Henry H H. Blood The commission in Its letter to the attorney general says The commission ha has been presented by bythe bythe bythe the Dixie Power company with bills aggregating f 18 which amo amount nt the power Company claims to be due under the terms of of the modi- modi fi fled d agreement dated January 30 30 1922 the original agreement being dated July 8 1919 The commission has constructed constructed constructed con con- and has in course of construction construction construction con con- certain roads and bridges between Cedar City and arid St. St George and some power has been us used d by bythe bythe bythe the contractors for the crushing of I rock for road surfacing and for mixing cement The power company company com corn pany appears to have secured In Information in- in formation from the contractors as asto asto asto to ver po power used and although no electric power was employed the work having been done by gasoline driven machines it nevertheless holds that the commission is r re responsible for the payment to the Dixie Power company for the en entire entire entire en- en tire amount of power employed Just Justas as If it ft had been electric power furnished by the Dixie Power Pow r com corn pany Commissioner Blood then re requests requests requests re- re quests the Ute attorney general to ad advise advise advise ad- ad I vise the commission as to Its legal liability under the provisions of a modified agreement made January 30 1922 and second a as to the form of Instrument that would be required to transfer to the Dixie Power company any right title or Interest of the commission in the power line Attorney General Cluff in reply gives his opinion as follows It seems under the provisions of the contract the road commission bound Itself to take from the power company such power as w was ws s. s necessary In th the coQs construction rot o. o f the road an and to pay a stipulated price And where other power has been used In in lieu of power It Is my opinion the commission would be bound to credit the power company for such power even even- though It were not taken from the power company and if it the claims submitted by the company are correct and represent the actual amount of power then I think under the terms of the contract contract contract con con- tract the commission is bound to give credit for forthe the claim The original agreement made mad with the Dixie Power company was In 1919 when the state road commission commission com corn mission aided In the construction of additional tran transmission mission a cost of many thousands of dollars dollars dol del lars the company to charge forthe forthe for forthe the power used and to credit the road commission with the same which would be deducted from the original cost of the lines when the power comp company ny would pay the dif dif- dif dif- ference It Is understood that the power company now proposes to toI pay for the line oh on July 8 the due I date on nn the agreement I I |
