Show CITY COUNCIL important subjects under discussion last evening the city council met in special session last evening at mayor george cameron and others asked for an extension of the water mains from second to third south streets referred ta the committee on water works the salt lake city railroad company was granted permission to erect poles from the corner of second and kith east streets to tenth east street thence south to fifth south for the purpose of testing the Cas Ca eboli sebol elevated cable system for a period of sixty days the poles to be seventy feet apart edmund wilkes made a proposition by which he be agrees that if the council will grant him a franchise tor for an electric road along alone second south street he will deposit with the city treasurer the sum ot of which shall be forfeited it if work is not commenced in ninety days from the granting of the franchise councilor dooley moved that the franchise be granted when the forfeit be deposited alderman sharp offered as an amendment that the proposition lay on the table to be considered with tile the report of the committee on streets which was carried 1 I alderman riter biter stated taut lauio a representation sen tation of the residents of fourth west street was present and desired to make a statement in regard to the petition of the salt lake and fort douglas railway lor for right ot 01 way along that street arb E F Jr arthen then ste stepped P d forward and said the persons persona owning property ro perty abutting on fourth west f eat street property treet along the route asked for by mr john that if the petition is granted by the council it will result in great injury in ury to them ag aggregating e thousands of dollars the street to is thickly populated and there arel many fine residences on OB it the value of property property will be greatly depreciated precia ted should a steam railway exist there jt it is true arue that the D R G W and other railroads have been granted rights of way along certain streets but there are poin points of law and equity connected co necked with such matters which should be presented joithe council we hold that the proposition that the lee fee ot of the streets and sidewalks vests in the corporation is not an accepted one the universal rule prevailing in the older states is that where the title to lands is derived from any other source than the united states government vern ment the tee fed to tho the sidewalks and streets vests vesta in the owners of property abutting thereon when citizens purchased from the city their lots iota on fourth west street they un nn purchased an interest in the street and sidewalk as well hence if that street to is to be taken from them and devoted to a steam railway they are entitled to be recompense recompensed the principle upon which people are taxed to pave sidewalks shows that they have an interest in those sidewalks it ts is done upon the principle of police power upon which the citizen is re quiren buird to remove a detective fine from his bis house or put and keep his bis own property to la a condition consistent with the safety and convenience of the public to deny that an abutter has an interest in the sidewalk sad aad street is to deny the right of this council to compel him to pave and keep the same in order we ask that the salt lakee fort doug douglas glas railway be required to obtain the consent of the property owners on OB i the street before a franchise is granted it is not consistent with the principles of good government to give away a valuable right of way particularly when the property on the route of theroan the road wound would be depreciated in value we have heard that some members of the council are in favor of granting the petition on condition that the railroad would gravel and grade me street such act action on would be arbitrary and duj boust we submit that if we were damaged we should not be forced by the city council to receive ravel gravel as a recompense when we dont want gravel it appears to me that the action of the eCo council uncil in relation to these matters has been rather at random and not net in harmony with fixed axed principles either of law or equity the claim has been made that the fourth west street people will not be injured materially by having a railroad rai road along the street but it if a hiim member of the council owned a fine residence then would he not feel that the building of such a road in front of his residence resi deace was an invasion of his rights supposing suf supposing posing that a residence on that street as Es worth today how much would it be worth tomorrow with a railroad passing in front of its doors its value would be decreased 2000 2 or perhaps does the council think it has the right to take such a sum of money from the pockets of a citizen and hand band it over to a railroad the destination of the salt lake fort Dail douglas glas is unknown its ter minal points are unknown and we hold that before a franchise is granted they should be required to make some definite showing in regard to the these e matters there is a fixed suspicion in the minds of the people whom I 1 represent that it is the intention and desire of the railroad to obtain a right of way for the sols sole purpose of selling it and if this is true the council should not lend itself to such a scheme another idea held by some was that the road merely wished to build a spur from their depot grounds in the southern martof the city to the other depots it was for their own benefit and not for the public good we think a court of equity would say to this municipality you cannot take or from the pocket of a resident of fourth west street and put it in the coffers of a railroad corporation po ration and we aski that the railroad company be requited required to reimburse the residents of that street for damages or adopt the alternative of going into a court of equity A main point in mr cummings argument was that the council should simply require the railroad to proceed in the manner prescribed by law for securing a right of way which would afford all parties in interest a chance to be heard beard and to secure sueh becom as was just he held that for the council to arbitrarily give a steam railroad a franchise in the street in question without provision for recompense to abutters would be tyrannical and unlawful alderman riter stated that the attorney of the salt sall lake fort douglas was out of town but desired to make a statement on his return S L ensign and others residing second south street asked that mr tons petition for a franchise be granted laid on OB the table to be considered with the report of the pe committee on streets till f the salt lake hill and elevator company represented that they were engaged in erecting a flour mill about half a mile northwest of the warm springs and asked permission to drive a well near the corner of fifth north and third west streets and jay day pipes to the mill granted wm perks protested against the projected extensions of the tha mains on center street tabled 1 auerbach bros represented that they were erecting an expensive building on main street sad and desired to know knew if the city intended to establish a system of sewerage referred to the tee committee on an sewerage 3 PAW was granted permission to pile building material in front of his premises near the corner of commercial and first south streets kate farrell rep represented repented that she was the owner of part of lot 1 block 95 and was entitled to a portion penion of the I 1 waters of city creek which she is at present deprived of referred to the committee on irrigation george M scott co desired to know in in view of the heavy expenditure of money incurred by them in erecting the scott Aa auerbach erbach building whether it was the intention of the city to construct sewers and how bow soon a move would be made in that direction as the construction of sewers would relieve them from the necessity and expense of building cess pools referred to the committee on sewerage e with engineer lowrie associated eilzabeth Til elizabeth zabeth white represented that she was unable to pay the tax t a x contemplated con templar to be assessed on lot 1 in block 60 59 in plat 0 for extension of the water mains ma ins along E K street laid on the table michael earl and hermann hill asked permission to extend the water malan to their property in plat D referred to the committee on water works john johnn N pike presented a protest against the proposed extension of the mains on centre plum and quince streets astl beets laid on the table peter C brixen and twenty others asked that third east street f from rom eighth south to the southern limits of the city be graded and graveled so as to be passable in the winter referred to the committee on streets E R P F protested against his property being assessed for the proposed extension of the water mains on third street laid on the table C K gilchrist called attention to the fact that in may last himself and aad others petitioned the council to order sluice boxes to be put in on the west side of main Street between third and fifth south stets St jets no action had yet been taken and he requested that the matter be given attention immediately re deterred erred to the gordan G hall G H braby and others protested against the proposed extension of the mains along third h r d south from eighth to tenth east streets laid on the table two retail liquor licenses were granted the superintendent of waterworks water works presented the following estimate of the cost of extending the water mains as petitioned for robert patrick jr and others second street two blocks W H rowe and others first Street three and one quarter blocks 3 mary aary 13 keats and others lue nine blocks of piping adopted the same official presented his report for the quarter ending may 3 ast which shows the expenditures in n the department during the quarter to have been leaving a balance unexpended of the city attorney reported that he had bad examined the title of morris and nichols to certain lands cla claimed tined by them and there could be no objection to the mayor being authorized zed to issue a deed to gem them adopted tue committee on streets to whom was referred the profile of east temple street submitted by tile the city surveyor recommended that the grade be established in accordance with the profile A adopted ted fi the be cl city ay iy attorney to whom was referred ed th the e petition of maria simerson asking that a corrected deed to a certain lot be issued to her recommended that the prayer be granted adopted the committee on waterworks water works to whom was referred the petition of J Judges asking that the water mains be extended along third street recommended that the petition be granted and that the superintendent of water works be instructed to prepare estimates the city attorney represented that d during the last quarter no cases had been appealed from the police court and no appealed cases had bad been tried in the third district court The committee on waterworks water works to whom was referred the petition of 0 allen alien and others recommended that a spill be established near the corner of first and N streets adopted the committee on irrigation reported that they had bad examined the reports of the and found them correct the commit committee kee on public grounds reported that they had bad examined the report of 0 H assistant superintendent of liberty park and found it to be correct the committee on streets presented the following report your committee on streets to whom was referred the petition of his excellency governor west the salt lake city gas co and st george yo u u asking for a franchise to lay pipes in n th the e streets gt streets of this city for the conducting of natural gas beg leave to report that inasmuch as there are several applicants tor for a franchise tor for the above purpose and as the introduction of natural gas would be a great benefit to the inhabitants of the city and not desiring to grant special privileges to anyone any one to the detriment of any other party seeking the came same object your committee have deemed it best to reach the desired end by the passage of a resolution general in its character which resolution we offer herewith the following resolution was then read and adopted whereas certain persons having petitioned the city council for the right to lay pipes in the streets streeta othis city tor for the purpose of supplying natural gas to the inhabitants thereof and whereas it is deemed to be of great importance p ortance to the browh and prosperity of this city to obtain a supply or of natural gas tor for heating beating lighting and manufacturing pi purposes oses therefore be a it resolved by the city council of salt lake city that whenever any person or persons corporation or corporations shall produce and open tor for use to the inhabitants a of tats city natural gas in such quality ilyas as io be safe and harquess har to use and in quantity sufficient to warrant its introduction for the uses above mentioned and at prices to be determined by the city council and in that case the city council nere here by pledges itself to grant to any andall and all such person or persons corporation or 0 corporations orp orations a franchise and right to lay y pipes through the streets of this U city tor the purposes aforesaid under stipulations I 1 and restrictions as may be necessary in the premises in order to properly guard the rights of said city and the inhabitants thereof this resolution shall be in force until revoked by the city council the report of the committee on streets in relation to the petitions of the salt lake city railroad company W H remington and E wilkes for franchises came up as unfinished business on account of several members being absent action was deferred until tuesday night the report of the committee on city prison was laid on the table sube ot to call the resolution of councilor dooley authorizing the committee on sewerage and waterworks water works to employ a competent engineer for such time as his bis services might be required was adopted one thousand dollars was appropriated to te the city marshals fund alderman sharp and councilor dooley offered a number of minor amendments to the form of the bonds to be issued which were adopted councilor Coun Counci cilot lox sha sharp stated that several members ot of the bounell To council unell had voted tor for the passage of the resolution authorizing the issuance of the bonds under the understanding that only worth of the bonds would be put on the market and he objected to the advertising ver tor for the sale of worth of the bonds it was finally decided to sell worth of bonds at first and reserve the balance until such time as the money shall be needed the council then adjourned |