Show NEW NESY GAS fiAS CONTRACT I PASSES LEGAL EYE Judge Ogden Hiles HUes Will Tell the Council They Are Right I and May Proceed I OLD COMPANY SAYS NO Utah Light Contends Their Franchise Binds Corporation Coi Cor ration 4 According to an opinion to be bo handed hand hand- cd ed to lo time the city council Friday night by City Attorney Or Ogden on lilies the tho city lias hns the right to make malo a contract for was vas street lI lighting with the thc Vels els elsbach bach concern The Tile opinion will set setout setout out that thal there is now no contract between be be- tween n the citY and tho ho Utah tah LI Light hl Railway company for fOI street streel high lightning and anil that the time cit city can terminate that contract or 01 an any part of uC It ut at un any lime I tI I ni e. e When the council he hears rs this opinion there will doubtless s be no nu dela delay I In awarding a contract to tile the Street Lighting 11 ng com company pan f for COl the tho us use of 00 street sO lamps Within thirty d days Os O's If the time new system Is found cEll em- dent clemit the city will ill Increase nse Its order orde by adding ii 11 07 lamps lamps- making n n. total lola u if it un under er n a year three eal con con- I I I I tract t T The lights will cost COlt 3 32 apiece per year CaI and will displace 3 O arc 5 lamps lamp now how In u use c and supplied b by tho the Utah Light nail Railway WRY company compan The Utah Light does not Intend to recede from the fight and allow a competitor to encroach on its nel field Th Tho first lIst act Het in lii tio trio light rt fight ht came amne when the Utah LI Light hl Railway compan company com com- pan pany at lh the la last t minute filed a proposition prop roi- o with wHit the council a u smaller rate for or Incandescent lamps than the thc cl offer otter The rhe local company's offer was merely an auxiliary la lat iary to the time pre present enl system and did not contemplate the time lemoal of an any of the arc lumps lamps now not In u use ui-c. e. e May Ia Fight In lii Court What hat the time second move moc of time thy Utah etah Light Hallway Railway company will bo be it itIs itIs itIs Is hard to determine The rue com company pan will ha have the right to lo test lesl the Iho validity of Its franchise in iii time tho courts or It Il will have the right to tu refuse to lo shut shutoff shutoff shutoff off the 30 arc an lamps mentioned In Inthe Inthe inthe the gas contract Again the company ma may maj stop furnishing ll light ht to the city at al any an time if it ii is ls s shown that there Is no ito no existing contract This latter latler action however is not likely because the lie company would be losing a part parl parlo o of Us Its revenue by bv breaking It Us its relations with the city cily City Attorney lIlies appeared at al his In the joint building Saturday i. i He wrestled with the franchise and contract under huLler r which the tIme city had lad been getting light in the past liast In Tn conference conference con con- ference with his assistants assistant II H. J. J Dininny Din Din- Inn Inny he learned tho the situation went through the papers and all kinds of of- law W books and finally arrived cd at a conclusion which he hc will HI keep 1 under his ponderous hat over pr Sunday It II ItIs Itis is s understood h however wever that his conclusion con eon elusion will be that the com company pan has no rio contract with whit the city and antl that the tho city may terminate the time u use uso o of oC the lights al at an any time limo without gl the tho company notice Tuu lo Cumin Coining There Is a pretty tangle coining up Ill upon upon on un the thc lighting proposition The rime arc lams lamps were installed by the eil city In iii 1901 when a a. year three contract was made with the Utah Light Railway company In the franchise granting graining certain privileges of or streets to the company there thero was also a mention of or the lighting contract At Al t the end endor of or the first year three period the tho company sent scat to the council a a. contract con- con tract for renewal but It was not signed A year two extension of ot contract con- con tract was gran granted led Instead That brought the contract between the thc company company com corn pany and amid the city up UI to March Maich of 1 O 6 At Al that time lime It was allowed cd to lapse apse and there was neither a contract nor an ex extension Hence the city was buying light from the company by the month at al the race of 72 2 i pOI per lamp It was as aM during the tho extension period that thal the council awarded the franchise for fol street railway purposes to the Utah Light nall a Railway company At Al that time HOle lh the tho extended contract was operative e In the thc franchise c wa iva a clau clause c which gave JOvo the tho ell city the right to lo bu buy light under contract but hut as 31 the contract was operative at that time lime the city attorney will rule that thal the city must abide alide hv by th mu and not not by tho the franchise Tho rho rl company corn com Ilan pany ma may see sec ce it differently a 1 and amid there may be e a pretty prell legal 1 fight before the merits of or the thc ca case o arc aro finally deter deter- mined |